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HomeMy WebLinkAboutCC Resolution 12430 (TAM Funding Agr.)RESOLUTION NO. 12430 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING A FUNDING AGREEMENT BETWEEN THE TRANSPORTATION AUTHORITY OF MARIN AND THE CITY OF SAN RAFAEL FOR $4,500,000 IN REGIONAL MEASURE A FUNDING FOR THE 4TH ST./WEST END VILLAGE REHABILITATION PROJECT (#11056) AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE AGREEMENT WHEREAS, the Department of Public Works has received and is reviewing competitive bids for the City's 4 1 St./West End Village Rehabilitation Project (#11056); and WHEREAS, $4,500,000 of the project's $5,831,846 budget will come from Regional Measure A, a one-half cent transaction and use tax approved in the General Election held on November 2, 2004; and WHEREAS, Funding Agreement #2008-001, between the Transportation Authority of Marin (TAM) and the City of San Rafael, defines the responsibilities of each jurisdiction, the project to be funded (4`h St./West End Village) and the amount of funding ($4,500,000, Regional Measure A); and WHEREAS, the City Council must approve Funding Agreement #2008-001 in order for TAM to release the funds in question. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael approves the Funding Agreement #2008-001 between TAM and the City and authorizes the Director of Public Works to execute said agreement. 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 19`h day of February 2008, by the following vote, to wit: AYES: COUNCIL MEMBERS: Brockbank, Connolly, Miller & Mayor Boro NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Heller ESTHER C. BEIRNE, City Clerk TAM AGREEMENT #2008-001 FUNDING AGREEMENT BETWEEN TRANSPORTATION AUTHORITY OF MARIN AND CITY OF SAN RAFAEL This AGREEMENT is made this 19th day of February , 2008, 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", the local public agency. SECTION 1. RECITALS 1. The voters of Marin County approved the authorization of Measure A at the General Election held on November 2, 2004, thereby authorizing that TAM be given the responsibility to administer the proceeds from a one-half cent transaction and use tax. 2. The duration of the tax will be 20 years from the initial year of collection, which began April 1, 2005, with said tax to terminate on March 31, 2025. 3. The tax proceeds will be used to pay for the programs and projects outlined in the Measure A Expenditure Plan. 4. Major roads and related infrastructure funds (Funds) are provided, under the Measure A Sales Tax Revenue referendum, to projects that target the most heavily traveled and significant roads and related infrastructure in Marin County. 5. Funds are allocated to five planning areas based on a formula weighted 50% by the population of the planning area and 50% by the number of road miles within the limits of the planning areas. 6. The Measure A Expenditure Plan assigned the responsibility for establishing priorities for Sub -strategy 3.1 funding to the Public Works Directors in collaboration with the Technical Advisory Committee (TAC) based on criteria such as condition of roadway, average daily traffic, transit frequency, bicycle and pedestrian activity, school access, accident history, matching funds opportunity, and geographic equity. 7. The Marin Public Works Association and TAC selected San Rafael's Fourth Street Rehabilitation Project as the priority segment for improvement in the central Marin planning area. 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. This AGREEMENT consists of additional documents stated in these sections as being attached hereto and incorporated in the AGREEMENT by reference. — PR' Icl."a ax 1.:GRA1.1s 1.a :l __.r Ana:a:i I, mw.z I..,g a�5.n ;h :, .,­­= ad .. Page 1 of 8 SECTION 3. PROJECT DEFINITION AND SCOPE This AGREEMENT, approved through Resolution No. 2008-02 of TAM, in accordance with the requirements of TAM's Measure A Expenditure Plan and Strategic Plan, is made for the funding of the following project ("Project") identified in the RECIPIENT's Measure A Sales Tax Program Allocation Request Form (Attached): Fourth Street Rehabilitation Project, Construction Phase Additional information on project scope is included in the Measure A Sales Tax Program Allocation Request Form. SECTION 4. GRANT TAM hereby grants to the RECIPIENT the sum of $4,500,000 as designated in Resolution No. 2008-02, approved January 24, 2008, which is included in this AGREEMENT by reference. SECTION 5. COST ELIGIBILITY Cost eligibility shall be determined by TAM's Strategic Plan policies. All costs incurred by RECIPIENT prior to the date of execution of this AGREEMENT shall be ineligible for reimbursement by TAM, except projects identified in the Strategic Plan as ongoing operating needs. Such projects, which rely on ongoing annual funding, may incur costs either at the date of the authorizing Board resolution or the start of the fiscal year, whichever comes later. While the costs of the Project shall be eligible for reimbursement in accordance with the terms of this AGREEMENT, the timing and amount of reimbursement will be subject to a TAM allocation, based on available revenues, other anticipated project requests, and project category and subcategory limits established in the Strategic Plan and Expenditure Plan. Any waiver of cost eligibility policies must be included in the Measure A Sales Tax Program Allocation Request Form ("Allocation Request Form") as approved by TAM. 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. The project or program budget may be revised from time to time through the submission of a revised budget to TAM. RECIPIENT may not make any changes to the scope of the project without prior written approval of TAM. Approval by TAM of a change of scope shall not constitute an increase in the grant amount unless additional funds are specifically provided. 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. (yid 1.01FCfSfi(J:YaRJuriAP's,,00 urv:Arv,e,yxxeranix'S4—"I'SmrvH,uPsNatrv3Ratt[FurwPyNgiecmmn6P:I:f1Yri4.. Page 2 of 8 SECTION 8. PROJECT OVERSIGHT RECIPIENT shall cooperate with TAK4's project rnanegarnart &s8m 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 in funding the Project shall be included in the documents. If any portion ofgrant funds is used for ConstructiOn. RECIPIENT shall, Upon |D0GUOn of field work or at the earliest feasible time thareoftar, install and maintain a sign at the construction site identifying Measure A Local Transportation Sales Tax Funds and TAM /e.g.'TAM and REC||P|ENT'ologos — "Your Measure ASales Tax Dollars a[VVork''\. For non -construction capital purchases funded byany portion of grant funds. RECIPIENT shall affix permanent signage identifying TAM and the Sales Tax Funds as o funding source. RECIPIENT shall demonstrate onrnp)iRnco with attribution and signage requirements as an indispensable condition for authorization of Measure A reimbursement for project expenoen. SECTION 10. PRESS RELEASES RECIPIENT Gh3/| notify TAM in advance Of any press no|oaeeo about Project activities, particularly groundbreakings and ribbon cuttings, in connection with grant funds expended pursuant tothis AGREEMENT. SECTION 11' COMPLIANCE WITH [AW In the performance of its obligations pursuant to this AGREEMENT, RECIPIENT shall keep itself fully informed of the fed8ra|, state and local |avvs, ordinances and regulations in any manner affecting the performance of this Agreement, and must at all times comply with such laws, ordinances, and regulations asthey may beamended from time totime. SECTION 12. ENVIRONMENTAL COMPLIANCE RECIPIENT shall undertake all environmental mitigation nneosUr8u that may be identified as commitments in applicable documents (such as environmental aasgssments, environmental impact statements and ruports, and memoranda of agreement) and comply with any conditions imposed aSapart of finding ofnosignificant impact orarecord ofdecision; all such mitigation measures are incorporated inthis AGREEMENT by reference. Recipient shall be responsible for obtaining all necessary environmental permits for performance of work. SECTION 13. FINANCES All costs charged tOthe project shall be supported byproperly prepared and documented time records. invoioao. or vouchers evidencing in detail the nature and propriety of the charges and the basis for the percentage charged toTAM. 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 three (3) 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. REIMBURSEMENTS Payment shall be made by TAM for costs reimbursable under the terms of this AGREEMENT and incurred prior to the termination date of this AGREEMENT. Payment to RECIPIENT of the grant shall be upon written approval by TAM, upon submittal by RECIPIENT of appropriate support documentation and identification of expenses incurred. Reimbursements shall not exceed the schedule shown in the Measure A Sales Tax Program Allocation Request Form - Fiscal Year Cash Flow Availability. RECIPIENT may make a request for exceptions in writing. Exceptions may be made at the sole discretion of TAM. Reimbursement requests, with appropriate documentation, may be submitted on a regular basis but no more frequently than monthly. Each reimbursement request shall include RECIPIENT'S certification that the amounts sought are only for project elements included in the Allocation Request Form, and that RECIPIENT is in compliance with TAM's requirements mentioned in 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 Plan, Short Range Transit Plan (SRTP), and of the Public Utilities Code Section 180000 et seq. 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. 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. e o PRIjECTSAND -aGAAUSra0. Y.laasvreA?.itwx Raquesta,F—u Agrmemer.;s'Svat¢ppa ntratagvays.tR...-5w—,Fwna,y r--208 Page 4 of 8 SECTION 19. CLOSEOUT PROCEDURES Project closeout occurs either when TAM notifies RECIPIENT or forwards the final grant payment, or when the RECIPIENT'S remittance of the proper refund has been acknowledged by TAM. Within ninety (90) days of the Project completion date or termination by TAM, whichever comes first RECIPIENT shall submit a certified financial statement identifying all excess funds or ineligible expenditures, which the RECIPIENT shall be required to refund, as well as third party audit reports, as applicable, or provide a schedule and justification for an alternate closeout date. Project closeout shall not terminate any continuing obligations imposed on the RECIPIENT by this AGREEMENT. Final reimbursement will be in accordance with TAM policies and procedures. 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 a Project report containing all of the items listed in the Allocation Request Form is not provided to TAM by the annual due date specified in the Allocation Request Form 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 from RECIPIENT until RECIPIENT has corrected any noted deficiencies to TAM's satisfaction. While FUNDS are being so 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 that portion of the grant funds that are unneeded prior to, or at the time of, Project closeout. Funds are determined to be unneeded if they are uncommitted at time of Project closeout. Uncommitted funds are funds that have been authorized but are in excess of that total eligible costs incurred by RECIPIENT. SECTION 23. TERMINATION FOR CAUSE Except as provided by Section 24 below, 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 Plan or Measure A Sales Tax Program 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 already distributed. SECTION 24. CORRECTION OF BREACH Notwithstanding the provision of Section 23 above, 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 cure, such 4- S1LG1—m 2=ft a,— Page 5 of 8 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 TAM agrees that any eligible cost incurred by RECIPIENT prior to the termination of this AGREEMENT shall be reimbursed to the extent that such costs could not be avoided by RECIPIENT upon receipt of notice of termination. 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. 4 �e Page 6 of 8 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 full 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: 1. EXHIBIT A: Allocation Request Form 2. EXHIBIT B: TAM Board Resolution 2008-02 I o. RRMEcrsaraDPROGR11AS+s.aAm,m Page 7 of 8 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: Trans By: Authority of Marin (TAM): Diann Steinhauser, Executive Director ANDREW PRESTON Print Name PUBLIC WORKS DIRECTOR Print Title ATTEST: ESTHER C. BEIRNE, CITY CLERK Approved as to form'.' �r By .: G ::. x + rU GJ ^t -"s. * /rkL `. City of Sah.4lafael, Ai'torney Print Name Y8.,1.0AECT%111.1 Vli,;, a41hF:S.v»OS IUYttxu:nnkNHtaxe:u+r Neriwe[:a!".:rv:w+.},>dece:ntl:Pa"ilrx.o-yYIIIzjro 6daayel r .en::rg 4re11-1eZCM.. Page 8 of 8 Exhibit A Transportation Authority of Marin Measure A — Transportation Sales Tax Allocation Request Form Fiscal Year of Allocation: 2007-08 Expenditure Plan: Strategy 3.1, Regional Streets Project Name: 4`h Street/West End Village Rehabilitation Implementing Agency: City of San Rafael Scope of Work: San Rafael's Fourth Street/West End Village corridor is an integral part of the retail core of Downtown San Rafael and has major retail pedestrian traffic. The street has significant base failure and alligator cracking. Sidewalks, curbs and gutters are severely buckled due to shallow Liquidambar tree roots. There are many potential tripping hazards, as well as ponding water in the gutters. Existing curb ramps and many building entrances do not meet current ADA requirements, nor do sidewalks due to a cross slope in excess of 2%. Fourth Street is the top priority for the Central Planning area and is subdivided into different sections. The first section that requires work is the West End neighborhood between D St. and 2nd St., which is in dire need of rehabilitation. The project includes street pavement grinding and overlay, sidewalk, curb and gutter replacement, ADA compliant curb ramps, driveways and door entry ways, sanitary sewer system, water pipeline and storm drain system improvements, tree harvesting and replacement, lighting upgrades and path of travel to transit improvements. San Rafael's Bicycle and Pedestrian Master Plan, adopted in 2002, calls for a Class III route through the project area, from West End Ave. to Union Street. The existing right-of-way width of 60 feet currently accommodates two travel lanes, two parking lanes and two 10' wide sidewalk areas. Due to these physical limitations, heavy vehicle traffic due to the commercial nature of the area and the need for on -street parking, a Class III route is the only feasible bikeway through the project corridor. Roadway surface improvements will significantly improve bicycle safety and riding comfort. Cost of Scope: $5,500,000 Strategic Plan Programmed Amount: $4,500,000 Requested Amount: $4,500,000 Other Funding: City of San Rafael -$500,000 (Gas Tax, Miscellaneous Funds); Local Measure A-$500,000 Reimbursement Availability: FY 07/08 — 50% and FY 08/09 — 50% Project Delivery Schedule (include start & completion milestones): Start Construction - Spring 2008; End Construction -Spring 2009 Environmental Clearance: The project is Categorically Exempt in accordance with the provisions of the California Environmental Quality Act (CEQA). The CEQA Environmental Document Type is 15301 C. An Environmental Review was completed in March 2007. T 14 PROJECTS AND PROGRAMS 141111 Measure A Allocation Requests Funding AgreemenWStrategy 3,Substrategy 3 1 San Rafae. 41h „'reel ARPcc4: Page 1 of 2 Exhibit A Non'K8ohodzedTcave| Considerations: Have the needs of non -motorized travelers been considered in the design of the project and b; the project consistent with Ca|tnano Deputy Directive 64? Yes |snon-motorized travel impeded bythis project? No Has a parallel non -motorized facility been designed to accommodate non -motorized travelers? N/A Exhibit B TAM RESOLUTION NO. 2008-02 RESOLUTION OF THE TRANSPORTATION AUTHORITY OF MARIN (TAM) FOR THE ALLOCATION OF $4,500,000 IN MEASURE A, STRATEGY 3.1, FUNDS TO THE CITY OF SAN RAFAEL FOR CONSTRUCTION ON THE FOURTH STREET REHABILITATION ./PROJECT WHEREAS, The voters of Marin County approved the authorization of Measure A at the General Election held on November 2, 2004, thereby authorizing that TAM be given the responsibility to administer the proceeds from a one-half cent transaction and use tax; and WHEREAS, The tax proceeds will be used to pay for the programs and projects outlined in TAM's Expenditure Plan; and WHEREAS, TAM has developed a Strategic Plan to provide guidance on implementing the Expenditure Plan; and WHEREAS, The Strategic Plan programs Measure A funds over a 20 year period to the four strategies listed in the Expenditure Plan, including Strategy 3.1 for major roads and related infrastructure; and WHEREAS, Major Roads and Related Infrastructure include projects that target the most heavily traveled and significant roads and related infrastructure in Marin County; and WHEREAS, The Measure A Expenditure Plan assigned the responsibility for establishing priorities for Sub -strategy 3.1 funding to the Public Works Directors in collaboration with the Technical Advisory Committee (TAC) based on criteria such as condition of roadway, average daily traffic, transit frequency, bicycle and pedestrian activity, school access, accident history, matching funds opportunity, and geographic equity; and WHEREAS, The Marin Public Works Association and TAC selected the City of San Rafael's Fourth Street as priority segment for improvement in the central Marin planning area; and WHEREAS, San Rafael is proposing to rehabilitate the west end of Fourth Street, between D and Second Streets (Miracle Mile); and WHEREAS, Fourth Street is a main East-West arterial in the County network, connecting West Marin to the 101 Corridor; and WHEREAS, Fourth Street is an integral part of the retail core of Downtown San Rafael and has major retail pedestrian traffic; and WHEREAS, Fourth Street currently has significant base failure and alligator cracking. Sidewalks, curbs, and gutters are buckling due to shallow tree roots, creating potential tripping hazards on sidewalks and stagnant water in the gutters; and WHEREAS, San Rafael is requesting $4,500,000 in Measure A funds to commence the construction phase of the project; and T:107. AGREEMENTSM7.01 Resolutions1200912008-02 Measure A San Rafael 41h SlreeLdac Page 1 of 3 WHEREAS, The rehabilitation project includes pavement rehabilitation, sidewalk, curb and gutter replacement, ADA compliant sidewalk and driveway improvements, storm drain system improvements, and upgrade path of travel to transit facilities; and WHEREAS, After extensive public outreach, the project expanded to a comprehensive corridor improvement effort to include sidewalk amenities, street trees planting, lighting upgrades, bicycle racks, and a Class III bicycle route; and WHEREAS, This allocation is consistent with the 2007 Measure A Strategic Plan Update; and WHEREAS, There are sufficient funds in the Strategy 3.1 line item of the TAM's approved FY 07/08 budget to cover the proposed action; and WHEREAS, After reviewing the requests in coordination with project sponsor, TAM staff recommended allocating $4,500,000 in Measure A funds to the City of San Rafael; now, therefore be it RESOLVED, That the Transportation Authority of Marin hereby allocates $4,500,000 in Measure A funds to the City of San Rafael for the construction phase of the Fourth Street Rehabilitation Project; and be it further RESOLVED, That the Transportation Authority of Marin finds the allocation of funds to be in conformance with the priorities and funding levels established in the Measure A Expenditure Plan and the 2007 Measure A Strategic Plan Update; and be it further RESOLVED, That the Transportation Authority of Marin hereby authorizes the actual expenditure of funds for these activities to take place subject to the Fiscal Year Cash Flow Distribution Schedules 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 sponsor to comply with applicable law and adopted Authority policies and execute Funding Agreement with the project sponsor 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. TA07. AGREEMENTSt07.01 ResolutionsQ0081200M2 Measure A San Rafael 41h Street.doc Page 2 of 3 PASSED AND ADOPTED at a regular meeting of the Transportation Authority of Marin held on the 24th day of January 2008, by the following vote: AYES: Commissioners: Adams, Albritton, Arnold, Boro, Breen, Brown, Cock, Dillon -Knutson, Fredericks, Kinsey, Lundstrom, Maggiore, McGlashan, Moulton -Peters. Skall NOES: Commissioners: ABSENT: Commissioners: Cromwell Steve`K�is`ey, Chair Transportation Authori y of Mari ATTEST: Dianne Steinhauser Executive Director TA07. AGREEMENTS107.01 Resolulions1200SQ00M2 Measure A San Rafael 4th SlreeLdoc Page 3 of 3