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HomeMy WebLinkAboutPW TAM Funding Agreement A-FY19-08; 2020 Community Based Transportation PlanTAM AGREEMENT A-FY19-08
FUNDING AGREEMENT
BETWEEN
TRANSPORTATION AUTHORITY OF MARIN
AND
CITY OF SAN RAFAEL
This AGREEMENT is made this day of l% , 2020, by and between the
Transportation Authority of Marin, hereinafter referred "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 One Bay Area Grant (OBAG) Program is the Metropolitan Transportation Commission's
(MTC's) funding approach that attempts to integrate the region's federal transportation program with
California's climate law (Senate Bill 375, Steinberg, 2008) and the Sustainable Communities Strategy.
2. In November 2015, MTC adopted guidelines for funding distribution from OBAG Cycle 2 that
covers a five-year period from FY 17/18 to FY 21/22.
3. TAM's share of OBAG 2 funds amounted to $10,870,000.
4. MTC also set aside a minimum amount for each county for CMA planning and administrative
activities.
5. The MTC set aside for CMA planning and administrative activities (referred as "CMA Planning
Funds") for the five-year period is $3,822,000, leaving $7,048,000 for projects and programs.
6. On July 1, 2017, TAM and MTC entered into agreement to establish the terms on the CMA
Planning Funds and allow projects with CMA Planning Funds to proceed.
7. On July 1, 2018, TAM and MTC entered into a supplement agreement to augment the $3,822,000
in CMA Planning Funds with an additional $75,000 for work associated with the Community Based
Transportation Plan in San Rafael.
8. In discussions with the City of San Rafael, TAM is passing the $75,000 in CMA Planning Funds
to the City of San Rafael for work on the San Rafael Community Based Transportation Plan.
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 MTC policies and conditions
referenced in the Master Funding Agreement between MTC and TAM (EXHIBIT A). This
AGREEMENT consists of additional documents stated in these sections as being attached hereto and
incorporated in the AGREEMENT by reference.
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SECTION 3. PROJECT DEFINITION AND SCOPE
This AGREEMENT in accordance with the requirements of the Master Funding Agreement between
MTC and TAM (EXHIBIT A), is made for the following purposes identified in the RECIPIENT's Project
Information Sheet (EXHIBIT B):
Community Based Transportation Plan
Additional information on project scope is included in the Project Information Sheet.
SECTION 4. GRANT
TAM hereby grants to the RECIPIENT the sum of $75,000.00 in CMA Planning Funds.
CMA Planning Funds are derived from Federal Surface Transportation Program (STP) funds that require
a local matching find of no less than 11.47%. RECIPIENT shall contribute no less than $8,770 of its
own funds to the project costs in satisfying the local matching fund requirement.
RECIPIENT shall comply with all federal requirements in using CMA Planning Funds.
SECTION 5. COST ELIGIBILITY
Cost eligibility shall be determined by the Master Funding Agreement between MTC and TAM
(EXHIBIT A).
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 federal
requirements referenced in the Master Funding Agreement between MTC and TAM (EXHIBIT A).
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 federal requirements referenced in the Master Funding Agreement between MTC and
TAM (EXHIBIT A).
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.
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SECTION 10. PRESS RELEASES
RECIPIENT shall notify TAM in advance of any press releases about project activities in connection to
grant funds expended from this AGREEMENT.
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
referenced in Section 12 of the Master Funding Agreement between MTC and TAM (EXHIBIT A) after
project closeout. 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 with proper
documentation after the execution of this AGREEMENT.
SECTION 16. ELIGIBLE EXPENSES
RECIPIENT shall expend funds only on planning and study purposes only. Funds used for capital
expenditures will be ineligible for reimbursement.
TAM shall provide notice to RECIPIENT of any and all expenditures made by RECIPIENT which are
not in compliance with this AGREEMENT promptly after TAM becomes aware of any such
expenditures.
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SECTION 17. AUDITS
TAM and MTC reserves the right at any time to conduct or require a financial or performance audit of the
RECIPIENT'S compliance with this AGREEMENT. TAM and MTC will give advance notice of the
requirement. RECIPIENT shall permit TAM, MTC, 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 in
accordance to Section 13 of Master Funding Agreement between MTC and TAM (EXHIBIT A).
SECTION 18. THIRD PARTY CONTRACT AUDITS
TAM and MTC 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 and MTC.
SECTION 19. CLOSEOUT PROCEDURES AND PROJECT REPORT
RECIPIENT shall provide to TAM a closeout report and a copy of the Community Based Transportation
Plan. 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.
SECTION 20. RESCISSION OF AUTHORIZATION OF FUNDS
TAM reserves the right to rescind its authorization of unneeded grant finds 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 21. TERMINATION FOR CAUSE
Either party may terminate this AGREEMENT, in whole or in part, at any time upon ninety (90) days'
written notice as referenced in Section 8 of the Master Funding Agreement between MTC and TAM
(EXHIBIT A).
SECTION 22. 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.
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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 23. 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 24. INTEGRATION
This AGREEMENT, including the additional documents attached hereto and incorporated, 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 25. 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 26. 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.
SECTION 27. ASSIGNMENT
The AGREEMENT may not be assigned, transferred, hypothecated, or pledged by any party without the
express written consent of the other party.
SECTION 28. 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 29. 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 finds, for the aforementioned
purpose.
SECTION 30. 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
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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 31. EXHIBITS
The following Exhibits are hereby made part of this AGREEMENT:
EXHIBIT A: Master Funding Agreement between MTC and TAM, effective date July 1, 2017
EXHIBIT B: Project Information Sheet
SECTION 32. 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: Transportation Authority of Marin (TAM):
By: By: �R./
Anne Richman, Executive Director
tUm Schutz
Print Name
-City Manager
Print Title
Approved as to form (optional):
By: —
Ci hof San Rafael,Attne
Lisa A�_Qldfien, Asst. Citv Attorney
Print Name
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Exhibit B
Project Information Sheet
Background
The goal of MTC's CBTP Program is to: improve access and mobility for low-income communities, for
commute as well as non -commute trips; and engage residents and community organization in conducting
the analysis and shaping the recommendations. Community-based transportation planning is a first step to
address these goals. MTC's initial CBTP program was established in 2002. MTC updated its CBTP
Guidelines in 2018 through the adoption of Resolution 4316.
The CBTP Program is envisioned as a collaborative process involving residents of low-income and minority
communities, community-based organizations that provide services within these areas, transit operators,
county congestion management agencies (CMAs), county social services agencies and other key
stakeholders. The agencies that actively participate in this process will vary depending upon their level of
interest and the individual communities involved. But each planning process shall involve a significant
community outreach and engagement component to ensure direct participation of residents.
The outcome of each planning process must be a plan that identifies transportation needs and gaps in the
community, a list of projects and programs to address the challenges, and an implementation plan that can
be tracked and monitored. Solutions may include the expansion of fixed -route transit service or shuttles to
improve access to key services and amenities, or bicycle paths and sidewalks that improve safety and
walkability in the neighborhood. In addition, communities are encouraged to explore non-traditional
solutions to meet the travel needs of low-income communities such as car share, bike share, van- and or
car-pooling, and on -demand, flex -route transit, among others.
Plans must identify funding sources, lead agencies and timelines for implementation, which would be
summarized in an action plan. Once completed, the respective CMAs and communities must track and
report progress on implementation of each CBTP to MTC every other year.
Each community that receives funding through this program must comply with the guidelines adopted by
the MTC Commission in January 2018. In case there are questions, CMAs are highly recommended to
contact MTC staff for clarification at the earliest. For example, CBTPs must be developed for MTC -
identified Communities of Concern (CoCs) unless CMAs have received written confirmation from MTC
on additional eligible areas, as outlined in the CBTP guidelines. Sponsors are also required to set up a
steering committee that will advise staff on all aspects of the planning process.
Scope of Work
Task 1: Project Kick -Off and Coordination
Once the grant agreement has been executed, sponsor may initiate the CBTP process. Note that an 11.47
percent local match is required for the grant funds, which may be provided in the form of in-kind staff time.
Task 1.1: Establish a PMT and Schedule Regular Check -In Meetings/Calls
Sponsor shall form a project management team (PMT) to oversee the CBTP planning process. The PMT
shall meet for regular check -ins throughout the process and may include representatives from the local
jurisdiction and the consultant team, as well as the transit agency, if needed.
Task 1.2: Finalize Scope of Work, Budget, Timeline and List of Deliverables
T \35 CMA Funding Program\15 02 Federal Programs\OBAG 2\Funding Agreement San Rafael CBTP\Ezhib t B Project Information Sheet door Page 1 of 4
At the kick-off meeting, the PMT shall finalize and or confirm the detailed project scope of work, budget,
timeline, list of deliverables, and roles and responsibilities for each team member. The PMT shall also begin
to identify potential members for the Steering Committee and a list key stakeholders.
Task 2: Outreach and Engagement
Outreach and engagement is a key component of a CBTP. The PMT shall identify key stakeholders (for
e.g., partner agencies, service providers, community-based organizations (CBOs), community leaders, and
residents in the disadvantaged under -represented neighborhoods); identify specific outreach activities (for
e.g., stakeholder interviews, workshops, forums, focus groups, surveys, and polls), and plan for multi-
lingual outreach and collateral materials (for e.g., newsletters, flyers, and website).
Sponsor is highly encouraged to set aside a minimum of 10 percent of the planning grant toward direct
Financial support to local CBOs. This funding may be used by the CBOs to provide services (for e.g.,
translation, outreach or meeting coordination) and or to participate in the planning process (for e.g., as
stipends).The final report should document resident and community feedback.
Task 2.1: Develop an Outreach Plan
The PMT shall work with the community and a Steering Committee to develop and adopt an outreach plan
at the start of the planning process. Recommended strategies for conducting meaningful engagement
include, but are not limited to, hosting project -specific meetings and workshops in local communities,
attending regularly scheduled neighborhoods events to present project information and solicit feedback,
conducting focus groups and interviews, distributing surveys, conducting polls, and establishing a project
website.
Task 2.2 Convene a Steering Committee
The PMT shall convene a Steering Committee composed of representatives from a wide range of interests,
including CBOs and community leaders, residents, the county health and human services agencies, and
other interested parties that have a stake in the community. The list of representatives must reflect the ethnic
and demographic makeup of the neighborhood. The PMT shall regularly convened the Steering Committee,
which must oversee and guide the outreach activities, technical analysis, development of recommendations,
and creation of an implementation action plan.
Task 2.3: Plan for Presentations Updates to Agency Boards and Councils
The PMT shall establish a schedule for providing regular updates to their respective boards and councils.
The PMT (or the consultant team) shall develop meeting materials, present information at meetings, and
document feedback, as needed.
Task 3: Community Needs Assessment
The PMT shall work with the community and the Steering Committee to conduct an assessment of baseline
conditions and overall trends related to demographics, transportation services and amenities, health and
safety, destinations such as job centers and grocery stores, and community facilities, among others. As part
of this assessment, the project must identify gaps and priority gaps needs in the community, as well as the
role of new emerging technology and ridesharing services in meeting these gaps needs.
Task 3.1: Define the Project Area
As a first step in assessing community needs, the PMT shall define project area boundaries, and map key
destinations, facilities, amenities, services, and/or landmarks to show the overall context. While the CBTP
Program provides funding for planning within MTC -identified CoCs, each sponsor may include adjacent
parcels immediately outside the CoCs, if these parcels help establish a contiguous planning area.
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Task 3.2: Summarize Baseline Conditions and Key Trends
The PMT shall work with the community and the Steering Committee to assess baseline conditions and
trends in the community project area, which would then form the basis for identifying unmet transportation
needs, gaps and priorities. The analysis shall, at a minimum assess the following: geographic extents and
constraints; socio-economic and demographic characteristics of the population; existing transportation
network and travel patterns; pedestrian and bicycle safety; safe routes to schools and other neighborhood
destinations; proposed new infrastructure or development in the planning area; and key destinations for
residents (including job centers, medical facilities, grocery stores and food outlets, recreation opportunities,
etc.).
The analysis must also identify external factors such as high cost of housing, lack of economic
opportunities, or long commutes, etc., which may affect access and mobility in the community. Lastly, the
analysis must consider relevant best practices and models from around the region or the country.
Task 3.3: Determine Unmet Needs and Gaps in Service
The PMT shall build on the findings from Task 3.2 to identify unmet needs and gaps in service, and work
with the community to prioritize them. This information will be the basis for developing recommendations
in Task 4.
Task 4: Recommendations and Implementation
The PMT shall work with the community and the Steering Committee to develop and prioritize
recommendations that address gaps needs identified in Task 3.
Task 4.1 Projects and Programs
The PMT shall work with the community and the Steering Committee to identify a range of projects and
programs that could address unmet access and mobility needs in the community neighborhood. These
projects programs must address multiple modes of travel; both programmatic and infrastructure
deficiencies; and enhance safety.
Task 4.2 Criteria for Prioritization
The PMT shall work with the community and the Steering Committee to establish objective criteria for
prioritizing recommendations identified in Task 4.1. This criteria may include considerations for overall
cost effectiveness, feasibility, funding availability, and timeline for implementation.
Task 4.3 Implementation (or Action) Plan
The PMT shall work with the community and the Steering Committee to develop an implementation action
plan that lists the following for each prioritized project program identified in Task 4.2 (preferably in a table
format): brief description of project/program; timeline for implementation; lead agency; cost estimate; and
potential funding source. The PMT shall review the plan with the Steering Committee and incorporate
feedback into the final implementation action plan.
Task 5: Community -Based Transportation Plan
Sponsor shall prepare draft and final Community -Based Transportation Plan summarizing the following:
outreach and engagement activities and findings; a project area map; needs assessment methodology and
findings; prioritized list of recommendations; and an implementation (action) plan. The draft report shall
be distributed for review by key stakeholders and the Steering Committee. Comments and suggestions
received from the Steering Committee and the public shall be incorporated into the final Community -Based
Transportation Plan.
Sponsor shall formally adopt the final CBTP report and commit to including the recommendations and
action plans in their respective planning and funding plans. Sponsor shall also provide MTC and CMA an
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electronic copy of the final CBTP document within a month of its adoption by the Sponsor board and/or
local jurisdiction council.
While each CBTP may vary based on local context and priorities, it shall include the following elements:
• Description of the project area, including geography, demographics, and maps;
• Community outreach process, including outreach activities and feedback;
■ Community -prioritized gaps and needs;
• Clearly defined near-, mid-, and long-term recommendations (projects and programs); and
• Action plan that lays out cost estimates, timeframe, funding source, and lead entity for each
proposed recommendation (action plan).
Task 6: Monitoring and Evaluation
Sponsor shall develop a process and institute a mechanism to track progress towards implementation for
each initiative, project and or program, and establish monitoring protocols. Sponsor shall report to MTC
once every two years using a template developed in partnership with MTC.
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TAM CBTP
Final Audit Report
Created: 2020-08-19
By: Derek McGill (dmcgill@tam.ca.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAfRKS1930jQNmzFSgVKhgXlCy_ViVEcXe
"TAM CBTP" History
Document created by Derek McGill (dmcgill@tam.ca.gov)
2020-08-19 - 4:38:29 PM GMT- IP address: 108.220.51.70
Document emailed to Anne Richman (arichman@tam.ca.gov) for signature
2020-08-19 - 4:39:24 PM GMT
Email viewed by Anne Richman (arichman@tam.ca.gov)
2020-08-19 - 5:51:54 PM GMT- IP address: 73.231.58.150
2020-08-24
&0 Document e -signed by Anne Richman (arichman@tam.ca.gov)
Signature Date: 2020-08-24 - 4:49:10 PM GMT -Time Source: server- IP address: 73.231.58.150
Signed document emailed to Anne Richman (arichman@tam.ca.gov), Derek McGill (dmcgill@tam.ca.gov) and
Denise Merleno (dmerleno@tam.ca.gov)
2020-08-24 - 4:49:10 PM GMT
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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: Community Development
Project Manager: Ethan Guy
Extension: x2392
Contractor Name: Transportation Authority of Marin
Contractor's Contact: Derek McGill
Contact's Email: dmcgill@tam.ca.gov
❑ 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
8/6/2020
EBG
b. Email contract (in Word) & attachments to City
Atty c/o Laraine.Gittens@cityofsanrafael.org
EBG
2
City Attorney
a. Review, revise, and comment on draft agreement
❑
and return to Project Manager
❑ N/A
b. Confirm insurance requirements, create Job on
N/A
PINS, send PINS insurance notice to contractor
3
Project Manager
Forward three (3) originals of final agreement to
❑
contractor for their signature
4
Project Manager
When necessary, * contractor -signed agreement
D N/A
agendized for Council approval
*PSA > $75,000; or Purchase > $75,000; or
Or
©EBG
Public Works Contract > $175,000
Date of Council approval
Click here to
enter a date.
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
5
Project Manager
Forward signed original agreements to City
Attorney with printed copy of this routing form
lIl
�I �7J�
6
City Attorney
Review and approve hard copy of signed
I,,
agreement
7
City Attorney
Review and approve insurance in PINS , and bonds
)bbzi)(for
Public Works Contracts)
(lJ7
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8
City Manager/ Mayor
Agreement executed by Council authorized official
9
City Clerk
Attest signatures, retains original agreement and
A� I
forwards copies to Project Manager