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PW TAM Funding Agreement A-FY21-09; Measures A, AA; Street ResurfacingTAM AGREEMENT A-FY21-09 FUNDING AGREEMENT BETWEEN TRANSPORTATION AUTHORITY OF MARIN AND CITY OF SAN RAFAEL This AGREEMENT is made this 15` day of July 2020 by and between the Transportation Authority of Marin, hereinafter referred to as "TAM", a local public agency, and the City of San Rafael, hereinafter referred to as "RECIPIENT", a local public agency. SECTION 1. RECITALS 1. The voters of Marin County approved the authorization of Measures A and AA, thereby authorizing that TAM be given the responsibility to administer the proceeds from a one-half cent transportation sales tax (TST) to fund transportation -related projects and programs in Marin County. 2. The proceeds will be used to pay for the programs and projects outlined in the Measures A and AA Expenditure Plans and further guided by the Measures A and AA Strategic Plans. 3. According to the Measures A and AA Expenditure Plans, local streets and roads funds are provided to local cities, towns, and Marin County (local agencies) to be used for any local transportation need, including streets and roads projects, local transit projects, bicycle pedestrian projects and other transportation uses. 4. Each project will be required to consider the needs of all roadway users and, where feasible, locally defined bicycle and pedestrian projects will be implemented at the time a roadway is improved. 5. Local priorities would be determined by each local agency's Public Works Director with approval of their governing board in a public meeting. 6. Additional reserve Measure A funds were made available to supplement the annual allocation of local streets and roads funds in FY 20/21. SECTION 2. PURPOSE OF FUNDING AGREEMENT This AGREEMENT is entered into by and between TAM and RECIPIENT to document the funding conditions necessary for the RECIPIENT to comply with applicable law and TAM policies and conditions (EXHIBIT A). This AGREEMENT consists of additional documents stated in these sections as being attached hereto and incorporated in the AGREEMENT by reference. SECTION 3. PROJECT DEFINITION AND SCOPE This AGREEMENT, approved through Resolution 2020-07 of TAM, in accordance with the requirements of TAM's Measures A and AA Expenditure Plans and Strategic Plans, is made for the following purposes identified in the RECIPIENT's Measures A and AA Allocation Request Form (EXHIBIT B): Local Infrastructure for All Modes Page 1 of 7 Additional information on project scope is included in the Measures A and AA Allocation Request Form. SECTION 4. GRANT TAM hereby grants to the RECIPIENT the sum of $954,369.00 as designated in Resolution No. 2020-07 (EXHIBIT D), approved June 25, 2020, which is included in this AGREEMENT by reference. SECTION 5. COST ELIGIBILITY Cost eligibility shall be determined by TAM's Expenditure Plan and Strategic Plan policies. Funds may be used for any local transportation need identified by the RECIPIENT's Public Works Director, including streets and roads projects, local transit projects, bicycle pedestrian projects and other transportation uses, as approved by the RECIPIENT's governing board. Where feasible, locally defined bicycle and pedestrian projects will be implemented in conjunction with a related roadway improvement. This could include safety improvements, pedestrian facilities including disabled access, or bicycle facilities such as bike lanes or signage. SECTION 6. BUDGET AND SCOPE RECIPIENT shall maintain a project or program budget. RECIPIENT shall carry out the project and shall incur obligations against and make disbursements of the grant in conformity with TAM's requirements and the budget. SECTION 7. PROJECT MANAGEMENT RECIPIENT shall be responsible for the project and provide management of consultant and contractor activities for which RECIPIENT contracts, including responsibility for schedule, scope, and budget, consistent with TAM's resolution allocating the grant unless otherwise agreed upon in writing. SECTION 8. PROJECT OVERSIGHT RECIPIENT shall cooperate with TAM's project management team and shall provide any requested project information. SECTION 9. ATTRIBUTION AND SIGNAGE If any portion of grant funds is used for production of reports, acknowledgment of the TAM's role shall be included in the documents. If any portion of grant funds is used for construction, RECIPIENT shall, upon initiation of field work or at the earliest feasible time thereafter, install and maintain a sign at the construction site identifying Measures A and/or AA Funds and TAM (e.g., TAM and RECIPIENT's logos — "Your Measures A and/or AA Dollars at Work"). For non -construction capital purchases funded by any portion of grant funds, RECIPIENT shall affix permanent signage identifying TAM and Measure A and/or Measure AA Funds as a funding source. RECIPIENT shall demonstrate compliance with attribution and signage requirements as an indispensable condition for authorization of Measures A and AA reimbursements for project expenses. SECTION 10. PRESS RELEASES RECIPIENT shall notify TAM in advance of any press releases about project and program activities, particularly groundbreakings and ribbon cuttings, in connection to grant funds expended from this AGREEMENT. Page 2 of 7 SECTION 11. COMPLIANCE WITH LAW In the performance of its obligations pursuant to this AGREEMENT, RECIPIENT shall keep itself fully informed of the federal, state and local laws, ordinances and regulations in any manner affecting the performance of this Agreement, and must at all times comply with such laws, ordinances, and regulations as they may be amended from time to time. SECTION 12. ENVIRONMENTAL COMPLIANCE RECIPIENT shall undertake all environmental mitigation measures that may be identified as commitments in applicable documents (such as environmental assessments, environmental impact statements and reports, and memoranda of agreement) and comply with any conditions imposed as a part of a finding of no significant impact or a record of decision; all such mitigation measures are incorporated in this AGREEMENT by reference. Recipient shall be responsible for obtaining all necessary environmental permits for performance of work. SECTION 13. FINANCES All costs charged to the project shall be supported by properly prepared and documented time records, invoices, or vouchers evidencing in detail the nature and propriety of the charges and the basis for the percentage charged to TAM. SECTION 14. RECORDS All checks, payrolls, invoices, contracts, vouchers, journal entries, work orders, or other accounting documents pertaining in whole or in part to the project shall be maintained by RECIPIENT for a period of five (5) years after the later of project closeout or termination of grant. Such project documents shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other similar documents not pertaining to the project. SECTION 15. PAYMENT TAM shall remit payment to RECIPIENT upon written request by the RECIPIENT after the execution of this AGREEMENT. SECTION 16. ELIGIBLE EXPENSES RECIPIENT shall expend funds only on eligible expenses as follows: operating costs, direct staff time (salary and benefits), consultants; right of way engineering and acquisition costs (including permitting), and competitively bid construction contracts. Indirect costs (as defined by OMB Circular A-87) will not be considered an eligible expense. Funds shall also be expended according to the applicable provisions of the Expenditure Plans and of the Public Utilities Code Section 180000 et seq. TAM shall provide notice to RECIPIENT of any and all expenditures made by RECIPIENT which are not in compliance with this AGREEMENT or the Expenditure Plans promptly after TAM becomes aware of any such expenditures. SECTION 17. AUDITS TAM reserves the right at any time to conduct or require a financial or performance audit of the RECIPIENT'S compliance with this AGREEMENT. TAM will give advance notice of the requirement. Page 3 of 7 RECIPIENT shall permit TAM, or any of its duly authorized representatives, to inspect all work, materials, payrolls, and other data and records with regard to the project, and to audit the books, records, and accounts of the RECIPIENT and its contractors with regard to the project. SECTION 18. THIRD PARTY CONTRACT AUDITS TAM reserves the right to request an audit of other third -party contracts for any reason. If RECIPIENT is subject to third party financial audit requirements imposed by another funding source, copies of audits performed in fulfillment of such requirements shall be provided to the TAM. SECTION 19. CLOSEOUT PROCEDURES AND PROJECT REPORT RECIPIENT shall provide to TAM a Project Report as shown in EXHIBIT C. This report shall include the total expenditures for the approved scope, revenues from all funding sources applied for the approved scope of work. RECIPIENT shall provide supporting documentation for expenditures and revenues from its accounting and financial management system. RECIPIENT shall certify that the amounts sought are only for project elements included in the Allocation Request Form SECTION 20. REPAYMENT OF INELIGIBLE COSTS TAM reserves the right to offset RECIPIENT payback of ineligible costs against future grant approvals for this project or other projects in the Expenditure Plan for which RECIPIENT is the sponsoring agency. SECTION 21. RIGHT TO WITHHOLD If the above items are not provided to TAM by the annual due date and/or such items are found not to be in compliance with this AGREEMENT, Public Utilities Code Section 180000 et seq., the ballot measure or the Strategic Plan, TAM may withhold funds for future allocations from RECIPIENT until RECIPIENT has corrected any noted deficiencies to TAM's satisfaction. While funds are being withheld, all interest on withheld funds shall be retained by TAM as an administrative fee. SECTION 22. RESCISSION OF AUTHORIZATION OF FUNDS TAM reserves the right to rescind its authorization of unneeded grant funds prior to, or at the time of, PROJECT closeout. Funds are determined to be unneeded if they are uncommitted at time of project closeout. SECTION 23. TERMINATION FOR CAUSE RECIPIENT agrees that, upon ten (10) working days written notice, TAM may suspend or terminate all or part of the financial assistance provided herein for failure to correct a breach of this AGREEMENT. Any failure to make reasonable progress, inconsistency with the Expenditure Plans or Allocation Request Form, unauthorized use of grant funds as specified in this AGREEMENT, or other violation of the AGREEMENT that significantly endangers substantial performance of the project shall be deemed to be a breach of this AGREEMENT and cause for termination. Upon mutual consent, RECIPIENT will repay TAM any unexpended funds originally provided under this Agreement. SECTION 24. CORRECTION OF BREACH With respect to any breach, which is reasonably capable of being cured, RECIPIENT shall have thirty (30) days from the date of notice of breach to initiate steps to cure. If RECIPIENT diligently pursues Page 4 of 7 cure, such RECIPIENT shall be allowed a reasonable time to cure or by a time established in writing by TAM. SECTION 25. LIABILITY Neither TAM nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by RECIPIENT under or in connection with any work, authority, or jurisdiction delegated to RECIPIENT under this AGREEMENT. It is also understood and agreed that pursuant to Government Code Section 895.4, RECIPIENT shall fully defend, indemnify and hold TAM harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by RECIPIENT under or in connection with any work, or jurisdiction delegated to RECIPIENT under this AGREEMENT. Neither RECIPIENT nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by TAM under or in connection with any work, authority, or jurisdiction delegated to TAM under this AGREEMENT. It is also understood and agreed that pursuant to Government Code Section 895.4, TAM shall fully defend, indemnify and hold RECIPIENT harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring in by reason of anything done or omitted to be done by TAM under or in connection with any work, authority, or jurisdiction delegated to TAM under this AGREEMENT. In the event of concurrent negligence of RECIPIENT and TAM, the liability for any and all claims for injuries or damages to persons and/or property shall be apportioned under the California theory of comparative negligence as presently established or as may hereafter be modified. SECTION 26. OBLIGATIONS In general, termination of financial assistance under this AGREEMENT will not invalidate obligations properly incurred by RECIPIENT before the termination date; to the extent those obligations cannot be canceled. SECTION 27. INTEGRATION This AGREEMENT represents the entire AGREEMENT of the parties with respect to the subject matter thereof. No representations, warranties, inducements, or oral agreements have been made by any of the parties except as expressly set forth herein, or in other contemporaneous written agreements. SECTION 28. AMENDMENT Except as otherwise provided herein, this AGREEMENT may not be changed, modified, or rescinded except in writing, signed by all parties hereto, and any attempt at oral modification of this AGREEMENT shall be void and of no effect. SECTION 29. INDEPENDENT AGENCY RECIPIENT performs the terms and conditions of this AGREEMENT as an entity independent of TAM. None of RECIPIENT'S agents or employees shall be agents or employees of TAM. Page 5 of 7 SECTION 30. ASSIGNMENT The AGREEMENT may not be assigned, transferred, hypothecated, or pledged by any party without the express written consent of the other party. SECTION 31. BINDING ON SUCCESSORS, ASSIGNEES OR TRANSFEREES This AGREEMENT shall be binding upon the successor(s), assignee(s) or transferee(s) of TAM or RECIPIENT as may be the case. This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this AGREEMENT other than as provided above. SECTION 32. EXPENSES Each party shall be solely responsible for and shall bear all of its own respective legal expenses in connection with any dispute arising out of this AGREEMENT and the transactions hereby contemplated. RECIPIENT may not use GRANT funds, or other TAM programmed funds, for the aforementioned purpose. SECTION 33. SEVERABILITY Should any part of this AGREEMENT be declared unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decisions shall not affect the validity of the remainder of this AGREEMENT, which shall continue in frill force and effect; provided that the remainder of this AGREEMENT can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the parties. SECTION 34. EXHIBITS The following Exhibits are hereby made part of this AGREEMENT: EXHIBIT A: Conditions on Local Infrastructure for All Modes EXHIBIT B: Allocation Request Form EXHIBIT C: Project Report (Sample Format) EXHIBIT D: TAM Board Resolution 2020-07 Page 6 of 7 SECTION 35. ACCEPTANCE OF GRANT RECIPIENT does hereby declare that all written statements, representations, covenants, and materials submitted as a condition of this AGREEMENT are true and correct and does hereby accept TAM's grant and agrees to all of the terms and conditions of this AGREEMENT. The parties have executed this AGREEMENT as of the date first written above. City of San Rafael: le4f, Sc"�Z By: Jim Schutz (Oct 26, 202014:58 PDT) Jim Schutz Name City Manager Title Approved as to form (optional): ZIf9 '4 Gol l> lei By: Lisa A. Goldfien (Oct 26, 2020 14:54 PDT) Assistant City Attorney Lisa Goldfien Name Transportation Authority of Marin (TAM): Anne Richman, Executive Director Page 7 of 7 Exhibit A Conditions on Local Infrastructure for All Modes Recipient agrees that it shall: 1. Agree to the formula used in the allocation of the funds as reflected in the respective Expenditure Plans and agree to the use of the State Department of Finance Estimates of Population figures (Report E-1, updated each May) for California cities and counties for the biennial update of the allocation formula. 2. Set up an appropriate system of interest-bearing accounts and reporting for funds received. The accounting system shall provide adequate internal controls and audit trails to facilitate a periodic compliance audit for the funds which shall be maintained for the duration of the Agreement plus five years after discharge. 3. Provide TAM with the number of maintained road miles within Recipient's jurisdiction which shall be consistent with the miles reported to state and federal agencies and that contained in the Recipient's pavement management system. Recipient shall provide TAM with the number of maintained road miles biennially beginning in April 2005, even if there were no changes in the number of miles. 4. In the event Recipient's expenditures in a fiscal year are less than the amount the Recipient has received, provide an explanation of why the revenues exceeded expenditures and how the Recipient plans to allocate the finds to future projects 5. Within 60 working days of the end of each fiscal year, provide a Project Report for projects upon which funds were expended. The Project Report shall show the amount spent in that reporting year, including the total estimated project costs, the total expenditures to date, a brief description (including digital photographs) and location of the projects, and the benefits to be realized from said project (see Project Report, Exhibit Q. The Report must also include a description and photograph of Measures A and AA signage and the number of signs posted. As part of the Project Report, include a statement, signed by the Recipient's Public Works Director, certifying the Report's compliance with the provisions of this AGREEMENT. A resolution by the Recipient's governing board approving the project in a public meeting should be attached to the Report. 7. Provide updated and accurate information (including digital photographs of the projects before, during and after construction) for TAM's website, highlighting projects or programs in which funds received by Recipient have been used. 8. Provide updated and accurate information on Recipient's website, in order to inform the public, on how funds are being used in the Recipient's jurisdiction. Also provide a link on the Recipient's website to TAM's website. 9. Make available, upon request from TAM, Recipient's administrative officer or designated staff to render a report or answer any and all inquiries in regard to its receipt, usage, and compliance audit findings of funds before the TAM Board. T'A4 PROJECTS AND PROGRAMS 14WIM,A—MlFuMmgAWw NatCa g,,V2�1",ry211 20ME.WACOMAbn— Page 1 of 2 10. If after the close of the third fiscal year, minimal or no funds have been expended on projects, TAM reserves the right to withhold the fifth year's funds allocation until the Recipient's allocation is drawn down. 11. Provide parcel land use information for the annual TAM transportation modeling update. 12. Provide evidence of Pavement Management System certification in accordance with section 2108.1 of the Streets and Highway Code. MTC requires cities and counties submitting pavement maintenance and rehabilitation projects for funding to utilize a Pavement Management Program. T'i14 PROJECTS AND PRGGRAMS•1A001Mm.a.AAlFftAplCemeM,l tepnry2l Wp q21� 20211E.WAC Mftn,d., Page 2 of 2 Exhibit B Allocation Request Form Fiscal Year of Allocation: 2021/21 Expenditure Plan: Local Roads and Related Infrastructures Project Name: Street Resurfacing FY 2020-21 Bungalow Avenue Resurfacing Implementing Agency: City of San Rafael Department of Public Works Scope of Work: Street Resurfacing FY 2020-21: Each year, the City identifies 2-3 miles of local roads that are in critical need of resurfacing. Local roads to be resurfaced are selected based on their Pavement Condition Index (PCI), which is a rating based on the last time the street was overlaid and the physical condition of the roadway. Roads with the highest need, PCI rating of 60 or lower, are selected for that year's resurfacing. Resurfacing includes a grind of the existing roadway and overlay of new asphalt. Some streets will be micro sealed as well — which can extend the life of the resurfacing. The installation of ADA ramps may be included, depending upon the extent of the resurfacing work done on the road. Resurfacing of an entire road will trigger replacement of non -accessible curb ramps, however deep lift asphalt concrete pavement repairs will leave existing curb ramps in place. The exact roadways which will be resurfaced in FY 2020-21 have not yet been finalized, however the preliminary list is included below: Andersen Dr Central Marin Sanitary Agency Sir Francis Drake Blvd East Andersen Dr Eb Lindaro St Irwin St Andersen Dr Wb A St Lindaro St Bellam BI City limit Andersen Dr Bellam BI Andersen Dr 1580 Catalina Bl Spinnaker Point Dr Baypoint Village Dr Civic Center Dr 472 ft N of Merrydale Rd Redwood Hwy Civic Center Dr N San Pedro Rd Peter Behr Dr Corte Miguel Skyview Te End C St Bayview St Second St D St Antonette Av Bayview St D St Bayview St Second St El Camino Fourth St End T114 PROJECTS AND PROGRAMS\14.001 Measure AA\Funding Agreements\Category2\Categary2 1\FY 2021 Man Ral-AE`hiNt B ARF doc Page 1 of 3 Fifth Av Fifth Av Fifth Av Fifth Av Fifth Av Forbes Av Forbes Av Fourth St Eb Fourth St Eb Fourth St Wb Fourth St Wb Francisco Bl E Francisco BI E Grand Av Grand Av Grand Av Jewell St Las Gallinas Av Sb Las Gallinas Av Sb Las Gallinas Av Sb Las Gallinas Av Las Gallinas Av Las Gallinas Av Nb Las Gallinas Av Nb Las Gallinas Av Nb Las Gallinas Av Nb Lincoln Av Lincoln Av Lochinvar Rd Point San Pedro Rd Point San Pedro Rd Point San Pedro Rd Scettrini Dr Second St Second St Second St Second St Second St Second St Third St Woodland Av Lincoln Av H St B St E St A St Fairhills Dr Mission Av Alexander Av City limits Marquard Av Alexander Av Shoreline Pkwy Bellam Blvd Fourth St Mission Av Jewell Av Union St Las Colindas Rd Manuel T Freitas Py Skyview Te Northgate Dr Del Presidio BI Las Colindas Dr Manuel Freitas Pkwy Montevideo Wy Skyview Te Second St Third St Manderly Rd Biscayne Dr Riviera Dr Dutra Quarry Entrance Civic Center Dr Hetherton St A St D St E St Third St Shaver St Hayes St Lovell Av A St J St E St H St B St Elizabeth Wy Fairhills Dr Marquard Av Alexander Av Alexander Av City limits Irene St Vivian St Mission Av Belle Av Acacia Av Highland Av Montevideo Wy Las Colindas Rd Lucas Valley Rd Nova Albion Wy Northgate Dr Montevideo Wy Las Colindas Rd Skyview Te Lucas Valley Rd Third St Mission Av Las Casas Dr City limit Dutra Quarry Entrance Cantera Wy Gabel Ct Lindaro St D St E St. Shaver St Hetherton St Third St Second St Lindaro St T'\14 PROJECTS ANO PROGRAMS%14 001 Measure AATunding Agreements%Category 21Category 2,11FY 202USan RalaeflExh bit 8 ARK doc Page 2 of 3 Bungalow Avenue Resurfacing_ Bungalow Avenue, which is an older street with a concrete road below, requires resurfacing. The project will include installation of wheelchair ramps, rehabilitation of the underground storm drain system, and improved drainage to mitigate flooding at Woodland Avenue. Cost of Scope: Street Resurfacing FY 2019-20: $800,000 Bungalow Ave Resurfacing: $525,000 Measure AA Category 2.1 Funds Available Amount: $905,285 Measure A Reserve Funds Available Amount: $49,084 Total Requested Amount: $954,369 Other Funding: The remaining $370,631 ($800,000 + $525,000 - $954,369) for FY 2020-21 Street Resurfacing and Bungalow Ave Resurfacing will be financed with State Gas Tax monies. Project Delivery Schedule (include start & completion milestones): Street Resurfacing FY 2019-20: Summer 2021 Design: August 2020- January 2021 Bid Period: March — April 2021 Construction: June — August 2021 T14 PROJECTS AND PROGRAMS114 001 Measure AA1Fund'mg Agreements\Category21Category2 11FY 20211San RalaellExhihh B ARF doc Page 3 of 3 EXHIBIT C Project Report (sample format) (due within 60 days of the end of each fiscal year) Amount spent in this reporting year - Total estimated project costs Total expenditures to date Project locations and descriptions (please provide digital photographs for each project) Benefits realized from project(s) Measures A and AA signage: Number of signs posted: Attach a statement, signed by the City Public Works Director, certifying the reports compliance with the provisions of the finding Agreement Attach a resolution by the Governing Board approving the project(s) Attach the project worksheet template (sample follows) for each project included in the Project Report. T114. PRwEcTS AND PRDGAAMS•14MI Meaiwe AAT1 dM Apleem—%b t,gM 21 t1 ,q2 11 M211E.Nbd L P,q.d R.p dd,, Page 1 of 2 Local Roadway Project Report, Part I Name of roadway: Project limits: Jurisdiction: Description of maintenance project. Roadway's Pavement Condition Index: Date of last PCI Evaluation: Multi -Modal and Safety -Related Considerations According to the Measures A and AA Expenditure Plans, each local road project will be required to consider the needs of all roadway users. Where feasible, locally defined bicycle and pedestrian projects will be implemented at the time a roadway is improved. Improvements could include striping and signing for bicycle lanes and bikeways, sidewalk improvements, curb ramps, and other accessibility and safety improvements. Please discuss, in the following three sections, considerations for multi -modal and safety-related improvements as a part of the local road maintenance project. 1. Safety Improvements: Describe safety-related improvements considered as a part of the project (refer to collision statistics, traffic volumes, roadway functional classification and other information, as appropriate). Discuss whether these improvements are feasible and indicate if they could or could not be included as a part of the project. If not, state why. 2. Pedestrian and Disabled Persons Facilities: Describe pedestrian and ADA -related improvements considered as a part of the project (refer to pedestrian master plans, ADA transition plans, school and transit access considerations, and other information, as appropriate). Discuss whether these improvements are feasible and indicate if they could or could not be included as a part of the project. If not, state way. 3. Bicycle Facilities: Describe bicycle -related improvements considered as a part of the project (refer to bicycle master plans and other information, as appropriate). Discuss whether these improvements are feasible and indicate if they could or could not be included as a part of the project. If not, state why. T'14. PROJECTS AND PROGRAMS14001 W111e AATU m, AFttmmhlCa,e 21C "Iq 2.1%F 20211ElN CPMIW ftp nEx Page 2 of 2 EXHIBIT D TAM RESOLUTION NO. 2020-07 RESOLUTION OF THE TRANSPORTATION AUTHORITY OF MARIN FOR THE ALLOCATION OF $4,872,556 IN TRANSPORTATION SALES TAX (MEASURE A RESERVE AND MEASURE AA) FUNDS TO BELVEDERE, CORTE MADERA, FAIRFAX, LARKSPUR, MILL VALLEY, NOVATO, ROSS, SAN ANSELMO, SAN RAFAEL, SAUSALITO, TIBURON, AND MARIN COUNTY WHEREAS, The voters of Marin County approved the authorizations of Measure A and Measure AA at the General Elections held on November 2, 2004 and November 6, 2018, respectively, thereby authorizing that TAM be given the responsibility to administer the proceeds from a one-half cent transaction and use tax; and WHEREAS, Measure A and Measure AA proceeds will be used to pay for the programs and projects outlined in their respective Expenditure Plans; and WHEREAS, TAM has developed Strategic Plans to provide guidance on implementing the Expenditure Plans; and WHEREAS, The Measure A Strategic Plan programs Measure A funds to the four strategies listed in the Expenditure Plan, including Strategy 3.2, Local Infrastructure for all Modes; and WHEREAS, The Measure AA Strategic Plan programs Measure AA funds to the four categories listed in the Expenditure Plan, including Category 2.1, Maintain and Manage Local Roads; and WHEREAS, Measure A ceded revenue collection on March 31, 2019 when Marin voters approved the Measure AA Program to extend the Marin Transportation Sales Tax for 30 years; and WHEREAS, TAM previously collected approximately $5.4 million in reserve funds in the first five years of the Measure A Program; and WHEREAS, On June 27, 2019, the TAM Board adopted a policy to release Measure A reserve funds at a rate that does not exceed the amount collected for Measure AA reserve funds, to maintain the $5.4 million reserve level; and WHEREAS, As allowed by the adopted policy, Measure A reserve funds in the amount equal to the estimated $1.43 million in Measure AA reserve collected from FY2019/20 and $320,000 collected in the last quarter of FY2018/19 for a total of $1.75 million in Measure A Page I of 4 reserve funds, have been made available for allocations in FY2020/21 while maintaining the $5.4 million balance; and WHEREAS, The proportional share of Measure A reserve funds for Strategy 3.2 is $250,600; and WHEREAS, Measure A reserve funds for Strategy 3.2 and Measure AA funds for Category 2.1 are programmed under the respective Strategic Plans to Marin County and the cities or towns of Belvedere, Corte Madera, Fairfax, Larkspur, Mill Valley, Novato, Ross, San Anselmo, San Rafael, Sausalito, and Tiburon for local infrastructure improvement projects that are prioritized by the respective Public Works Directors; and WHEREAS, Measure A reserve funds for Strategy 3.2 and Measure AA funds for Category 2.1 can be used for street and road projects, local transit projects, and bicycle and pedestrian projects; and WHEREAS, Infrastructure improvement projects funded with Measure A reserve funds for Strategy 3.2 and Measure AA for Category 2.1 will be approved by the County's and Cities' governing boards at public meetings, and WHEREAS, The project sponsors are requesting funds that have been accumulated for FY2020/21; and WHEREAS, These allocations are consistent with the Measure A and Measure AA Strategic Plans; and WHEREAS, There are sufficient funds in the Measure A Strategy 3.2 and Measure AA Category 2.1 line -items of the TAM's approved FY2020/21 Budget to cover the proposed action; and WHEREAS, After reviewing the requests in coordination with project sponsors, TAM staff recommends allocating $250,000 in Measure A reserve fund and $4,621,956 in Measure AA funds as requested; now, therefore, be it RESOLVED, That the Transportation Authority of Marin hereby allocates a total of $250,000 in Measure A reserve funds and $4,621,956 in Measure AA funds for eligible projects under Strategy 3.2 and Category 2.1, respectively, for FY2020/21 as shown in the following table; and be it further Page 2 of 4 RESOLVED, That the Transportation Authority of Marin finds the allocations of these funds to be in conformance with the priorities and funding levels established in the Measure A and Measure AA Expenditure Plans and the Measure A and Measure AA Strategic Plan Updates; and be it further RESOLVED, That the Transportation Authority of Marin hereby authorizes the actual expenditure (cash reimbursement) of fiends for these activities to take place subject to the Fiscal Year Cash Flow Distribution Schedule detailed in the attached Allocation Request Forms; and be it further RESOLVED, That as a condition of this authorization for expenditure, the Executive Director shall impose such terms and conditions as are necessary for the project sponsors to comply with applicable law and adopted Authority policies and execute Funding Agreements with the respective project sponsors to that effect; and be it further RESOLVED, That as a condition of this authorization for expenditure, the referenced project sponsors shall provide the Authority with any other information it may request regarding the use of the funds hereby authorized. PASSED AND ADOPTED at a regular meeting of the Transportation Authority of Marin held on the 25th day of June 2020, by the following vote: AYES: Commissioners: Arnold, Campbell, Carmel, Cleveland -Knowles, Colbert, Connolly, Eklund (Alternate), Fredericks, Haroff (Alternate), Lee, Reed, Rice, Rodoni, Sears NOES: Commissioners: None Page 3 of 4 Measure A Reserve Measure AA Total Belvedere $2,461 $45,394 $47,855 Corte Madera $8,855 $163,310 $172,165 Fairfax $6,934 $127,896 $134,830 Larkspur $10,000 $184,433 $194,433 Mill Valley $14,154 $261,055 $275,209 Novato $45,351 $836,441 $881,792 Ross $2,551 $47,052 $49,603 San Anselmo $11,119 $205,068 $216,187 San Rafael $49,084 $905,285 $954,369 Sausalito $7,019 $129,447 $136,466 Tiburon $8,674 $159,974 $168,648 Marin County $84,398 $1,556,601 $1,640,999 Total $250,600 $4,621,956 $4,872,556 RESOLVED, That the Transportation Authority of Marin finds the allocations of these funds to be in conformance with the priorities and funding levels established in the Measure A and Measure AA Expenditure Plans and the Measure A and Measure AA Strategic Plan Updates; and be it further RESOLVED, That the Transportation Authority of Marin hereby authorizes the actual expenditure (cash reimbursement) of fiends for these activities to take place subject to the Fiscal Year Cash Flow Distribution Schedule detailed in the attached Allocation Request Forms; and be it further RESOLVED, That as a condition of this authorization for expenditure, the Executive Director shall impose such terms and conditions as are necessary for the project sponsors to comply with applicable law and adopted Authority policies and execute Funding Agreements with the respective project sponsors to that effect; and be it further RESOLVED, That as a condition of this authorization for expenditure, the referenced project sponsors shall provide the Authority with any other information it may request regarding the use of the funds hereby authorized. PASSED AND ADOPTED at a regular meeting of the Transportation Authority of Marin held on the 25th day of June 2020, by the following vote: AYES: Commissioners: Arnold, Campbell, Carmel, Cleveland -Knowles, Colbert, Connolly, Eklund (Alternate), Fredericks, Haroff (Alternate), Lee, Reed, Rice, Rodoni, Sears NOES: Commissioners: None Page 3 of 4 ABSENT: Commissioners: Hillmer, Kuhl, Lucan, Phillips ABSTAIN: Commissioners: None Jud Arnold, Chair Tra sportation Authority of Marin ATTEST: A", t --L- R a"— Anne Richman Executive Director Page 4 of 4 Funding Agreeement San Rafael Final Audit Report 2020-10-26 Created: 2020-10-26 By: Joanne Ohehir (Johehir@tam.ca.gov) Status: Signed Transaction ID: CBJCHBCAABAAVpi4ujnVUlaDhOuNhW-RzCGx5hESkmX6 "Funding Agreement San Rafael" History Document created by Joanne Ohehir (Johehir@tam.ca.gov) 2020-10-26 - 9:48:49 PM GMT- IP address: 184.23.235.242 I i Document emailed to Lisa A. Goldfien (lisa.goldfien@cityofsanrafael.org) for signature 2020-10-26 - 9:52:41 PM GMT Email viewed by Lisa A. Goldfien (lisa.goldfien@cityofsanrafael.org) 2020-10-26 - 9:53:26 PM GMT- IP address: 199.88.89.34 AG Document e -signed by Lisa A. Goldfien(lisa.goldfien@cityofsanrafael.org) Signature Date: 2020-10-26 - 9:54:01 PM GMT - Time Source: server- IP address: 199.88.89.34 '. Document emailed to Jim Schutz Oim.schutz@cityofsanrafael.org) for signature 2020-10-26 - 9:54:02 PM GMT Email viewed by Jim Schutz Oim.schutz@cityofsanrafael.org) 2020-10-26 - 9:55:41 PM GMT- IP address: 199.88.89.34 &G Document e -signed by Jim Schutz aim.schutz@cityofsanrafael.org) Signature Date: 2020-10-26 - 9:58:59 PM GMT - Time Source. server- IP address. 199.88.89.34 Document emailed to Anne Richman (arichman@tam.ca.gov) for signature 2020-10-26 - 9:59:58 PM GMT + Email viewed by Anne Richman (arichman@tam.ca.gov) 2020-10-26 - 10:28:56 PM GMT- IP address: 184.23.235.242 Cha Document e -signed by Anne Richman (arichman@tam.ca.gov) Signature Date: 2020-10-26 - 10:30:37 PM GMT - Time Source: server- IP address: 184.23.235.242 0 Agreement completed. 2020-10-26 - 10:30:37 PM GMT O Adobe Sign f . I Jm — 1 — ■ . . — --NMI . • [ 1 n � ' J =0 Z — S —.0. L W t . 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