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PW Federal STP Funding ExchangeMEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF MARIN AND THE CITY OF SAN RAFAEL CONCERNING THE FEDERAL STP FUNDING EXCHANGE. This Memorandum of Understanding (hereinafter "Agreement") is made and entered into this L5} day of 4 y ly , 2017, by and between the COUNTY OF MARIN (hereinafter "COUNTY"), and the CITY OF SAN RAFAEL (hereinafter "RECIPIENT"). RECITALS WHEREAS, RECIPIENT is eligible for $791,000 of federal funding through the Surface Transportation Program (STP) funding (Congestion Mitigation and Air Quality grant) for its local streets and roads; and WHEREAS, RECIPIENT finds that pursuing these federal funds would not be advantageous to the citizens of the City based on the fact that complying with the federal paperwork is time consuming and would not be fiscally prudent for the amount of funding allocated; and WHEREAS, RECIPIENT is interested in allowing COUNTY to obtain RECIPIENT's share of the STP funds; and WHEREAS, COUNTY in return for receiving RECIPIENT's STP funds will provide RECIPIENT 90 cents of COUNTY's local funding to RECIPIENT for each dollar COUNTY received of RECIPIENT'S STP funding for use on COUNTY's roadway. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PURPOSE OF AGREEMENT. The purpose of this Agreement is to express the intent of the agreement and understanding of the parties regarding the utilization of STP funding. 2. MOU COORDINATION. -70 1 A. RECIPIENT. The Public Works Director of the City of San Rafael shall be the representative of RECIPIENT for all purposes under this Agreement and shall supervise all aspects of the execution of this Agreement. B. COUNTY. The Public Works Director of the County of Marin shall be the representative of COUNTY for all purposes under this Agreement and shall supervise all aspects of the execution of this Agreement. 3. RECIPIENT's CONSENT. RECIPIENT consents to distribution of RECIPIENT's share of local streets and roads STP funding to 141411,11• 4. COUNTY's CONSENT. COUNTY consents to provide to RECIPIENT an appropriate portion of COUNTY'S local funding as stipulated in this agreement. 5. DUTIES OF THE COUNTY A. COUNTY shall be responsible for managing all federal paperwork associated with receiving RECIPIENT's STP allocation. B. COUNTY shall forward $711,900 in local funding to RECIPIENT within 30 days after COUNTY receives RECIPIENT's share of STP funds. 6. DUTIES OF RECIPIENT A. RECIPIENT shall cooperate with COUNTY in its efforts to obtain RECIPIENT's STP funding. 7. INDEMNIFICATION. A. COUNTY shall indemnify, release, defend and hold harmless RECIPIENT, its officers, agents, employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, 2 from any acts or omissions of COUNTY or COUNTY's officers, agents and employees in the performance of their duties and obligations under this Agreement. B. RECIPIENT shall indemnify, release, defend and hold harmless COUNTY, its officers, agents, employees and volunteers, against any claim, demand, suit, judgment, loss liability or expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any acts or omissions of RECIPIENT or RECIPIENT's officers, agents and employees in the performance of their duties and obligations under this Agreement. 8. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change or address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO SAN RAFEAL: Public Works Director City of San Rafael 111 Morphew Street San Rafael, CA 94901 TO COUNTY: Public Works Director County of Marin P.O. Box 4186, Room 304 San Rafael, CA 94913-4186 9. ENTIRE AGREEMENT — AMENDMENTS. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the RECIPIENT and the COUNTY. 10. APPLICABLE LAW. 3 The laws of the State of California shall govern this Agreement.IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL Jim Schu z City Ma ager ATTEST: City Clerk APPROVED AS TO FORM: La -'k a pFe- City Attorney 11 COUNTY OF MARIN Raul M. Rojas Public Works Director APPROVED AS TO FORM: County of Ma n, Attorney CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Kevin McGowan Extension: 3389 Contractor Name: County of Marin Contractor's Contact: Patrick Zuroske Contact's Email: PZuroske@marincounty.org ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor N/A b. Email contract (in Word) & attachments to City Atty c/o Laraine.Gittens@cityofsanrafael.org 4/21/17 2 City Attorney a. Review, revise, and comment on draft agreement 5/2/17 and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor N/A 3 Project Manager Forward three (3) originals of final agreement to N/A contractor for their signature 4 Project Manager When necessary, * contractor -signed agreement ❑ N/A agendized for Council approval *PSA > $20,000; or Purchase > $35,000; or Or ❑ Public Works Contract > $125,000 Date of Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City 6/20/17 Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed -7 agreement 7 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) 8 City Manager/ Mayor Agreement executed by Council authorized official 0 ' 9 City Clerk Attest signatures, retains original agreement and 91;2-1 -4 forwards copies to Project Manager 1 -�7243