REPORT TO THE CITY COUNCIL FROM: GEORGEANNE A. WHITE, City Manager Office of the Mayor & City Manager BY: NICHOLAS D. MASCIA, PE, Assistant City Manager Office of the Mayor & City Manager SUBJECT ..Title Approve First Amendment to the Agreement between the City of Fresno and the Fresno Council of Governments for Overall Work Program Planning Services to extend the term of the agreement by seven years, to December 31, 2031. ..Body RECOMMENDATION Staff recommends that City Council approve the First Amendment to Agreement between the City of Fresno and the Fresno Council of Governments for Overall Work Program Planning Services to extend the term of the agreement by seven years, to December 31, 2031, and authorize the City Manager to execute the Amendment on behalf of the City. EXECUTIVE SUMMARY The Fresno Council of Governments (FCOG) is the designated by the United States Department of Transportation as the county's Metropolitan Planning Organization (MPO) and as the Regional Transportation Planning Agency (RTPA) by the State of California as the designated MPO/RTPA. As such, the FCOG is responsible for conducting various transportation planning studies, analysis, and reporting on various transportation related activities within the region. On March 22, 2017, the City of Fresno entered into a agreement with the FCOG that superseded the August 29, 1991 agreement. This agreement was updated to reflect changes to various federal codes, regulations, requirements, etc. As such, the recitals contained in the new Agreement were amended to reflect the various changes in federal law. All the other terms and conditions of the new Agreement are materially the same as those contained in the 1991 agreement. This agreement is currently active until December 31, 2024. On November 21, 2024, the Fresno COG Policy Board unanimously approved the first amendment that is under consideration for the Fresno City Council. This amendment is only a time extension that adds seven additional years to the terms and agreements of the March 2017 agreement. The new end of term will conclude December 31, 2031. Staff is recommends that City Council approve the First Amendment to the Agreement between the City of Fresno and the Fresno COG for overall work program planning services to extend the term of the agreement by seven years, to December 31, 2031, and authorize the City Manager to execute the Amendment on behalf of the City. BACKGROUND FCOG is designated by the United States Department of Transportation as the County's Metropolitan Planning Organization (MPO) and as the Regional Transportation Planning Agency (RTPA) by the State of California. As the designated MPO/RTPA, the FCOG is responsible for conducting various transportation planning studies, analysis, and reporting on various transportation related activities within the region. The FCOG is also responsible for developing the County's Regional Transportation Plan, which is used to identify future capital improvements, as well as administer a number of federal and state transportation grant programs. The City of Fresno, as is the case with all the other incorporated cities within Fresno County, is a member of the FCOG. On August 29, 1991, the City of Fresno, as well as other cities within Fresno County, entered into an agreement with the FCOG related to work being conducted in support of its Overall Work Program (OWP). The OWP is essentially the FCOG's work plan that is adopted annually by the FCOG Executive Board. The original Agreement codified the role of the FCOG, as well as other topics including, but not limited to, the role of the FCOG, the cooperative relationship between the FCOG and its member agencies, as well as the manner in which a member agency would be reimbursed for work performed on behalf of the FCOG in accordance with adopted OWP. These provisions define what is reimbursable, as well as the contractual relationship between the parties, whenever a member agency is contracted by the FCOG to perform work in accordance with the scope of work contained in the OWP. On March 22, 2017, the City of Fresno entered into a subsequent agreement with the FCOG that superseded the August 29, 1991 agreement. This agreement was updated to reflect changes to various federal codes, regulations, requirements, etc. As such, the recitals contained in the new Agreement were amended to reflect the various changes in federal law. All the other terms and conditions of the new Agreement are materially the same as those contained in the 1991 agreement. This agreement is currently active until December 31, 2024. On November 21, 2024, the Fresno COG Policy Board unanimously approved the first amendment that is under consideration for the Fresno City Council. This amendment is only a time extension that adds seven additional years to the terms and agreements of the March 2017 agreement. The new end of term will conclude December 31, 2031. ENVIRONMENTAL FINDINGS This approval is not a project for the purposes of CEQA pursuant to CEQA Guideline section 15378. LOCAL PREFERENCE Local preference was not implemented because this item does not include an award of a construction or services contract. FISCAL IMPACT There is no fiscal impact associated with the approval of this Agreement. Attachments: Original Agreement March 22, 2017 First Amendment