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Home My WebLink AboutPW TAM Funding Agr. 2014-013; FY2015-16; Amendment #1c►nn.I 6,X0 of Agenda Item No: 3, e Meeting Date: November 2, 2015 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: -r i �' '.rl� City Manager Approval: Director of Public Works (RAL) File No. 16.13.09 TOPIC: FY 2015-2016 LOCAL "MEASURE A"ALLOCATION-$595,725 SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO APPROVE AN AMENDMENT TO FUNDING AGREEMENT No. 2014-013 BETWEEN THE TRANSPORTATION AUTHORITY OF MARIN AND THE CITY OF SAN RAFAEL, THEREBY AUTHORIZING THE ALLOCATION OF $595,725 IN LOCAL "MEASURE A" FUNDING FOR FY 2015-2016. RECOMMENDATION: Adopt resolution. BACKGROUND: Marin County voters approved "Measure A", a one-half cent transaction and use tax, on November 2, 2004, thereby authorizing the Transportation Authority of Marin ("TAM") to distribute funds for multi -modal transportation and local roadway projects identified by local agency public works directors. On August 1, 2006, the San Rafael City Council approved the first Measure A funding agreement, No. 2007-012, between the City of San Rafael and TAM by adopting Resolution #12174, which approved payment of $467,893 to San Rafael for Fiscal Year 2006-07. Subsequent funding agreements or amendments to prior agreements have been approved each year since then to specify the amount of annual Measure A funding to be provided to San Rafael. Thus far, San Rafael has received $5,466,674 in Local Measure A allocations via the agreement/amendment process, as shown below: • $467,893: FY 06-07 • $533,660: FY 07-08 • $503,904: FY 08-09 • $454,934: FY 09-10 • $414,048: FY 10-11 • $424,253: FY 11-12 • $488,738: FY 12-13 • $960,649: FY 13-14 ($522,234 Measure A, $438,315 one-time Measure B) FOR CITY CLERK ONLY File No.: /%v 4- 9-3-40 Council Meeting: Disposition: GSD c.V vivo✓ IL -so -9,0 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 • $622,870: FY 14-15 • $595,725: FY 15-16 Once again, the City must approve a TAM funding agreement to specify the amount of Measure A funds that TAM will provide to San Rafael. Attachment A to this report is a proposed "Amendment No. 1" to the existing funding agreement, and authorizes TAM to release $595,725 in Local Measure A funds for FY 2015-2016. ANALYSIS: Public Works has utilized past Local Measure A allocations for various public right- of-way capital projects. With Council's approval, our preliminary plan is to utilize the current $595,725 allocation for: • Hetherton Street Resurfacing: $350,000 of allocation • Grand Avenue Bridge Right -of -Way Purchase: $245,725 of allocation FISCAL IMPACT: This amendment provides $595,725 in Local Measure A funds, to be used for the projects described above or other projects in the public right-of-way. OPTIONS: Council may choose not to approve the amendment to the funding agreement. However, doing so will mean identifying significant alternative funds for the "Hetherton Street Resurfacing" and "Grand Avenue Bridge Right -of -Way Purchase" projects. ACTION REQUIRED: Adopt resolution. ATTACHMENTS: Resolution A. Amendment No.1 to Funding Agreement 2014-013 (exhibits omitted) RESOLUTION NO. 14030 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE AN AMENDMENT TO FUNDING AGREEMENT NO. 2014-013 BETWEEN THE TRANSPORTATION AUTHORITY OF MARIN AND THE CITY OF SAN RAFAEL, THEREBY AUTHORIZING THE ALLOCATION OF $595,725 IN LOCAL MEASURE A FUNDING FOR FY 2015-2016. WHEREAS, on November 4, 2013, the San Rafael City Council adopted Resolution No. 13634, which approved Funding Agreement No. 2013-014 (the "Funding Agreement") between the City of San Rafael and the Transportation Authority of Marin ("TAM"); and WHEREAS, the Funding Agreement established terms for the use of annual funding allocations for the maintenance of local roads and infrastructure, generated by Measure A, a one-half cent transaction and use tax approved by voters in the general election held on November 2, 2004; and WHEREAS, Resolution No. 13634 authorized the Director of Public Works to execute the Funding Agreement and subsequent amendments to the Funding Agreement; and WHEREAS, TAM has requested that the City approve a proposed "Amendment No. 1" to the Funding Agreement in order to release San Rafael's FY 2015-2016 Local Measure A allocation of $595,725. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby approves and authorizes the Director of Public Works to execute Amendment No.1 to the current Funding Agreement between TAM and the City, authorizing the allocation to San Rafael of $595,725 in Measure A funds, in a form to be approved by the City Attorney. I, ESTHER C. BEIRNE, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 2nd day of November 2015, by the following vote, to wit: AYES: COUNCIL MEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ESTHER C. BEIRNE, City Clerk File No.: 16.13.09 T:\CITY COUNCIL AGENDA ITEMS\2015\11-02-2015\Resolutions\PWFY 15-16 Measure A Amendment Reso $595,725.doc AMENDMENT NO.1 TO FUNDING AGREEMENT 2014-013 BY AND BETWEEN THE TRANSPORTATION AUTHORITY OF MARIN AND THE CITY OF SAN RAFAEL THIS AMENDMENT NO. I to Funding Agreement 2014-013 is made and entered into this day of t mm 2015 'by and between the Transportation Authority of Marin, hereinafter referred to as "TAM," and the City of San Rafael, hereinafter referred to as "RECIPIENT." RECITALS: WHEREAS, TAM and the RECIPIENT entered into Funding Agreement 2014-013 ("AGREEMENT") for allocation of Transportation Sales Tax (Measure A) funds from Strategy 3.2 of the Measure A Strategic Plan to complete work on projects identified as Local Infrastructure for All Modes in the Measure A Expenditure Plan; and WHEREAS, Section 3 of AGREEMENT obligated RECIPIENT to complete work in accordance to the RECIPIENT's Measure A Sales Tax Program Allocation Request Fonn; and WHEREAS, Section 4 to AGREEMENT stipulated the maximum cost to TAM for services to be provided by the RECIPIENT shall not exceed $670,822; and WHEREAS, TAM and RECIPIENT desire to amend AGREEMENT to augment the scope of work and increase the maximum cost to TAM by $595,725 to complete work identified in EXHIBIT E; and NOW, THEREFORE, The parties agree to amend AGREEMENT as set forth below. AGREEMENT: A. The parties shall perforin under this Amendment upon the same terms and conditions as the AGREEMENT except as amended herein below. B. Section 3 of AGREEMENT is hereby amended to read, as follows: SECTION 3. PROJECT DEFINITION AND SCOPE This AGREEMENT, approved through TAM Resolutions 2014-07 and 2015-09, in accordance with the requirements of TAM's Measure A Expenditure Plan and Strategic Plan, is made for the funding of the following projects ("Projects") identified in the RECIPIENT's Measure A Sales Tax Program Allocation Request Forms (Attached): Local Infrastructure for All Modes Additional information on project scope is included in the Measure A Sales Tax Program Allocation Request Fonns. rM,.,,,,,:, �,n e,w„e,tiauR s,aw,w,�, ,a,w,w n,„ .,a,,u,:,o n.�y, ,„A„ .,, Page 1 oft C. Section 4 of AGREEMENT is hereby amended to read, as follows: SECTION 4. GRANT TAM hereby grants to the RECIPIENT the sum of $670,822 as designated in TAM Resolution No. 2014-07, approved June 26, 2014, and $595,725 as designated in TAM Resolution No. 2015-09, approved June 25, 2015, which are included in this AGREEMENT by reference. D. Section 34 of AGREEMENT is hereby amended to read, as follows: SECTION 34. EXHIBITS The following Exhibits are hereby made part of this AGREEMENT: 1. EXHIBIT A: Conditions on Sub -Strategy 3.2 2. EXHIBIT B: FY 14/15 Allocation Request Form 3. EXHIBIT C: Project Report (Sample Fonnat) 4. EXHIBIT D: TAM Board Resolution 2014-07 5. EXHIBIT E: FY 15/16 Allocation Request For n 6. EXHIBIT F: TAM Board Resolution 2015-09 IN WITNESS WHEREOF, The parties have executed this Amendment No. 1 on the date first above written. CITY OF SAN RAFAEL: TRANSPORTATION AUTHORITY OF MARIN: Authorized Signature ......._ .. �i �.. ..... ...� Nance (Print) 11co O t� Title Approved as to form (optional): Cry By: . �g o Attorney, City o:f San .Ra ael T. Dr � ........... ..' ............. Name (.Print) 77 p Dianne Step hauu i, Execut ve Direct, or- I LW PROEM, AND @'PY.rtD6p➢N&MSUt GIW .& a, .....4WPWdOF."'N,Mg a.avi.emvstPd 000,03 Wream":gYlIiS Goo" tl1YQu%,TxUe"vw,yyv V 2WM'..vM."',u Jm Page 2 of 2 ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval by the City Council. Save staff report (including this cover sheet) along with all related attachments in the Team Drive (T:) --> CITY COUNCIL AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT - AGENDA TOPIC] Agenda Item # ? „ Date of Meeting: 11/2/2015 From: Richard Landis Department: Public Works Date: 8/20/2015 Topic: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO APPROVE AN AMENDMENT TO FUNDING AGREEMENT #2014-013 BETWEEN THE TRANSPORTATION AUTHORITY OF MARIN (TAM) AND THE CITY OF SAN RAFAEL, THEREBY AUTHORIZING THE ALLOCATION OF $595,725 IN LOCAL MEASURE A FUNDING FOR FY 2015-2016. Subject: Type: ® Resolution ❑ Ordinance ❑ Professional Services Agreement ❑ Other: APPROVALS ® Finance Director Remarks: Van Bach approved 10/26/15 ® City Attorney Remarks: LG -Approved 10/22/15 with suggested revisions. ® Author, review and accept City Attorney / Finance changes Remarks: None City Manager Remarks: FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: AMENDMENT NO. 1 TO FUNDING AGREEMENT 2014-013 BY AND BETWEEN THE TRANSPORTATION AUTHORITY OF MARIN AND THE CITY OF SAN RAFAEL THIS AMENDMENT NO. 1 to Funding Agreement 2014-013 is made and entered into this day of 201_, by and between the Transportation Authority of Marin, hereinafter referred to as "TAM," and the City of San Rafael, hereinafter referred to as "RECIPIENT." RECITALS: WHEREAS, TAM and the RECIPIENT entered into Funding Agreement 2014-013 ("AGREEMENT") for allocation of Transportation Sales Tax (Measure A) funds from Strategy 3.2 of the Measure A Strategic Plan to complete work on projects identified as Local Infrastructure for All Modes in the Measure A Expenditure Plan; and WHEREAS, Section 3 of AGREEMENT obligated RECIPIENT to complete work in accordance to the RECIPIENT's Measure A Sales Tax Program Allocation Request Forn; and WHEREAS, Section 4 to AGREEMENT stipulated the maximum cost to TAM for services to be provided by the RECIPIENT shall not exceed $670,822; and WHEREAS, TAM and RECIPIENT desire to amend AGREEMENT to augment the scope of work and increase the maximum cost to TAM by $595,725 to complete work identified in EXHIBIT E; and NOW, THEREFORE, The parties agree to amend AGREEMENT as set forth below. AGREEMENT: A. The parties shall perform under this Amendment upon the same terms and conditions as the AGREEMENT except as amended herein below. B. Section 3 of AGRFEMENT is hereby amended to read, as follows: SECTION 3. PROJECT DEFINITION AND SCOPE This AGREEMENT, approved through TAM Resolutions 2014-07 and 2015-09, in accordance with the requirements of TAM's Measure A Expenditure Plan and Strategic Plan, is made for the funding of the following projects ("Projects") identified in the RECIPIENT's Measure A Sales Tax Program Allocation Request Forms (Attached): Local Infrastructure for All Modes Additional information on project scope is included in the Measure A Sales Tax Program Allocation Request Forns. 114 kl!K6➢Nek,�AwNuvAlAl�%r%t krII IIIIa �..A. 11-14,1 ,-1111.1k��f.Illu , �..,,k„ w,�a��k�.koa:.G..o,,, 11.,.� C111. �1, �:. , M.,.,.,� a..�� .,�m.��o�,.: Page 1 of 2 C. Section 4 of AGREEMENT is hereby amended to read, as follows: SECTION 4. GRANT TAM hereby grants to the RECIPIENT the SLIM of $670,822 as designated in TAM Resolution No. 2014-07, approved June 26, 2014, and $595,725 as designated in TAM Resolution No. 2015-09, approved June 25, 2015, which are included in this AGREEMENT by reference. D. Section 34 of AGREEMENT is hereby amended to read, as follows: SECTION 34. EXHIFBITS The following Exhibits are hereby made pail of this AGREEMENT: I . EXHIBIT A: Conditions on Sub -Strategy 3.2 2. EXHIBIT B: FY 14/15 Allocation Request Form 3. EXHIBIT C: Project Report (Sample Format) 4. EXHIBIT D: TAM Board Resolution 2014-07 5. EXHIBIT E: FY 15/16 Allocation Request Form 6. EXHIBIT F: TAM Board Resolution 2015-09 IN WITNESS WHERE' OF, Tile parties have executed this Amendment No. I on the date first above written. CITY OF SAN RAFAEL: TRANSPORTATION AUTHORITY OF MARIN: By: Authorized Signathw* mmmum no Ity: ... Attorney, City of San Rafael MKOM By: Dianne Steinhauser, Executive Director 1 l4 ,IORCIN k4" PROME %NV"QEllM�' ",11 N11.11— W'- 11111 1.111 .Fv EN1'M'1hUL', o J", Page 2 oft