HomeMy WebLinkAboutPW Measure A Funding Agreement Amendmentn.1,45aft 1� "t,
Agenda Item No: 8
Meeting Date: 2/1/2010
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
A
Prepared by:
City g P Manager Approval:
File No.: lb.13.UU
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO AMEND LOCAL
MEASURE A FUNDING AGREEMENT (#2007-012) BETWEEN THE
TRANSPORTATION AUTHORITY OF MARIN AND THE CITY OF SAN
RAFAEL BY ADDING $454,934 FOR FISCAL YEAR 09-10
RECOMMENDATION:
Adopt resolution.
BACKGROUND:
Marin County voters approved Measure A, a half cent transportation sales tax, on November 2,
2004, thereby authorizing the Transportation Authority of Marin (TAM) to administer funds for
multi -modal transportation needs identified by local agency public works directors. Local
governing bodies must approve all such expenditures.
On August 1, 2006, the San Rafael City Council adopted Resolution #12174, which approved
the first funding agreement, #2007-012, between the City of San Rafael and TAM. San Rafael
has received the following Local Measure A allocations via annual amendments to the original
funding agreement:
• $467,893 -FY 06-07
• $533,660 -FY 07-08
• $487,732 -FY 08-09
Public Works traditionally has used Local Measure A funds for capital projects. Examples are
Medway/Canal Undergrounding (#11057-$331,627), Street Resurfacing 06-07 (#11068-
$136,266), Medway/Canal Enhancement (#10705-$134,700) and 4th St./West End Village
(#11056-$533,660).
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paye: 2
However, the funding agreement does not limit the use of Local Measure A funds to capital
projects. With City Council approval funds may be used for operations/maintenance purposes
as well.
Section 5 (Cost Eligibility) of Agreement 2007-012 states:
"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."
Section 16 (Eligible Expenses) of Agreement 2007-012 further states:
"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."
ANALYSIS:
With Council's approval, the Public Works Department proposes to utilize the entire $454,934
09-10 Local Measure A allocation for street maintenance operations. Doing so will reduce
General Fund support of the Street Maintenance Division. This proposed restructuring is part of
the City's overall strategy to address the current $3,200,000 General Fund deficit.
It is important to note that Measure A is a stable, ongoing source of revenue. It took effect April
1, 2005 and will expire March 31, 2025. Using the annual allocation for operations rather than
for capital needs, at least for the near term, is a viable strategic option to reduce Street
Maintenance dependence upon General Fund transfers. Going forward, Council can always
realign the allocation to capital needs, or a combination of operations and capital, via the annual
amendment process.
The budget for the four Street Maintenance divisions totals $1,611,906, now funded as follows:
$984,000 - Gas Tax
$627,906 - General Fund
Assigning the $454,934 Local Measure A amount to Street Maintenance operations will reduce
General Fund support from $627,906 to $172,972 ($627,906 - $454,934 = $172,972).
There are sufficient alternative capital project funding sources that will offset the shift of the
$454,934 09-10 Local Measure A allocation to operations. They are:
Federal Stimulus/ARRA Funds (Round II) -amount to be determined
Construction Vehicle Impact Fees -$600,000 per year (estimate)
Refuse Vehicle Registration Fees -$196,000 per year (actual)
Community Development Block Grants -$300,000 per year (actual)
Proposition 1B-$682,947 (actual)
Various Grants, e.g., Non -Motorized Transportation Pilot Projects (NTPP), Safe Routes to
School, Safe Routes to Transit
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
FISCAL IMPACT:
The proposed amendment provides an additional $454,934 in Local Measure A funds for FY
09-10 to be used, with Council's approval, for Street Maintenance operations rather than for
capital needs such as street resurfacing.
OPTIONS:
Council may choose not to approve the amendment. However, doing so will mean identifying
alternate funding for street maintenance operations and therefore identifying an alternative way
to reduce General Fund support of the Street Maintenance Division.
ACTION REQUIRED:
Approve resolution.
Enclosures:
1) Resolution
2) TAM Agreement #2007-012
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO AMEND LOCAL
MEASURE A FUNDING AGREEMENT #2007-012 BETWEEN THE
TRANSPORTATION AUTHORITY OF MARIN AND THE CITY OF SAN
RAFAEL BY ADDING $454,934 FOR FISCAL YEAR 09-10
WHEREAS, on August 1, 2006, the San Rafael City Council adopted
Resolution #12174, which approved funding agreement #2007-012 between the
City of San Rafael and the Transportation Authority of Marin (TAM); and
WHEREAS, the funding agreement established terms for the use of
annual funding allocations for the maintenance of local roads and infrastructure
generated by Measure A, a one-half cent transaction and use tax approved in
the General Election held on November 2, 2004; and
WHEREAS, Resolution #12174 also authorized the Director of Public
Works to execute the funding agreement; and
WHEREAS, Resolution #12174 stipulated that the City Council must
approve, via annual amendments, "additional authorizations between TAM and
the City"; and
WHEREAS, the Amendment No. 3 to Funding Agreement 2007-12
attached hereto and incorporated herein will add an additional $454,934 to be
used for the maintenance of San Rafael roads and infrastructure during Fiscal
Year 09-10.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of San Rafael approves the Amendment No. 3 to Funding Agreement 2007-12
by and between TAM and the City in substantially the form attached hereto, and
authorizes the Director of Public Works to execute said amendment.
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 15t day
of February, 2010, by the following vote, to wit
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ESTHER C. BEIRNE, City Clerk
File No.: 16.13.09
AMENDMENT NO. 3 TO FUNDING AGREEMENT 2007-12 BY AND BETWEEN
THE TRANSPORTATION AUTHORITY OF MARIN
AND CITY OF SAN RAFAEL
THIS AMENDMENT NO. 3 to Funding Agreement 2007-12 is made and entered into this 15t day of
February, 2010, by and between the Transportation Authority of Marin, hereinafter referred to as "TAM,'
and City of San Rafael, hereinafter referred to as "RECIPIENT."
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WHEREAS, TAM and the RECIPIENT entered into Funding Agreement 2007-12 ("AGREEMENT") for
allocation of Measure A funds from Strategy 3.2 of the Measure A Strategic Plan to complete work on
projects identified as Local Infrastructure for All Modes in the Measure A Expenditure Plan; and
WHEREAS, Section 3 of AGREEMENT obligated RECIPIENT to complete work in accordance with the
RECIPIENT's Measure A Sales Tax Program Allocation Request Form; and
WHEREAS, Section 4 to AGREEMENT stipulated the maximum cost to TAM for services to be provided
by the RECIPIENT would not exceed $1,505,457, as amended by Amendment No. 1 and No. 2; and
WHEREAS, TAM and RECIPIENT desire to amend AGREEMENT to augment the scope of work and
increase the maximum cost to TAM by $454,934 to complete work identified in EXHIBIT I; and
NOW, THEREFORE, The parties agree to amend AGREEMENT as set forth below
AGREEMENT:
A. The parties shall perform under this Amendment upon the same terms and conditions as the
AGREEMENT except as amended herein below.
B. Section 3 of AGREEMENT is hereby amended to read, as follows:
SECTION 3. PROJECT DEFINITION AND SCOPE
This AGREEMENT, approved through TAM Resolutions 2006-14, 2007-16, 2008-22, and 2009-12 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):
Local Infrastructure for All Modes
Additional information on project scope is included in the Measure A Sales Tax Program Allocation
Request Forms.
C. Section 4 of AGREEMENT is hereby amended to read, as follows:
SECTION 4. GRANT
TAM hereby grants to the RECIPIENT the sum of $467,893 as designated in TAM Resolution No.
2006-14, approved July 27, 2006, and $533,660 as designated in TAM Resolution No. 2007-16,
approved July 26, 2007, $503,904 as designated in TAM Resolution No. 2008-22, approved July 24,
2008, and $ 454,934 as designated in TAM Resolution No. 2009-12, approved June 25, 2009, which
are attached as EXHIBITS D, F, H and J, respectively and are included in this AGREEMENT by
reference.
...... 1.1 1, H�.l .,oma Page 1 of 2
D. Section 34 of AGREEMENT is hereby amended to read as follows:
SECTION 34.
EXHIBITS
The following attached Exhibits are hereby made part of this AGREEMENT:
1.
EXHIBIT A:
Conditions on Sub -Strategy 3.2
2.
EXHIBIT B:
FY 06/07 Allocation Request Form
3.
EXHIBIT C:
Project Report (Sample Format)
4.
EXHIBIT D:
TAM Board Resolution 2006-14
5.
EXHIBIT E:
FY 07/08 Allocation Request Form
6.
EXHIBIT F:
TAM Board Resolution 2007-16
7.
EXHIBIT G:
FY 08/09 Allocation Request Form
8.
EXHIBIT H:
TAM Board Resolution 2008-22
9.
EXHIBIT I:
FY 09/10 Allocation Request Form
10.
EXHIBIT J:
TAM Board Resolution 2009-12
E. Amendment
No.
3 shall supersede all prior amendments.
IN WITNESS WHEREOF, The parties have executed this Amendment No. 3 on the date first above
written.
TRANSPORTATION AUTHORITY OF MARK CITY OF SAN RAFAEL:
Bv: Bv:
Dianne Steinhauser, Executive Director Authorized Signature
Name (Print)
Title
Approved as to form:
Bv:
City of San Rafael, Attorney
Print Name
o , M�as.e e„ nmP a S.W�4T, po y H,a LK,61LLo lMe ... AA—d... ]F.�.,o„�F1 I 10d� Page 2 of 2
TAM AGREEMENT #2007-012
FUNDING. AGREEMENT
BETWEEN
TRANSPORTATION AUTHORITY OF MARIN
AND
CITY OF SAN RAFAEL
This AGREEMENT is made this 14-F day of L%A-4-, 2006, by and between the
Transportation Authority of Marin, hereinafter referred o as "TAM", a local public agency, and
the City of San Rafael, hereinafter referred to as "RECIPIENT", the local transit district.
SECTION 1. RECITALS
1. The voters of Marin County, pursuant to the provisions of the Local Transportation
Authority and Improvement Act, California Public Utilities Code Section 180000 et seq.,
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. Local streets and roads funds (Funds) are provided, under the Measure A Sales Tax
Revenue referendum, to local cities, towns, and Marin County (Local Agency) to be used for any
local transportation need identified by the Local Agency's Public Works Director, including
streets and roads projects, local transit projects, bicycle pedestrian projects and other
transportation uses, as approved by the Local Agency's governing board.
5. Each project will be required to consider the needs of all roadway users and, where
feasible, locally defined bicycle and pedestrian projects wilt'be implemented at the time a
roadway is improved.
6. Funds within a geographic sub -area will be allocated to the local agencies within that
sub -area based on the Expenditure Plan formula, weighted 50% by the population of the local
agency within the sub -area and 50% of the number of road miles with the sub -area.
7. Funds will be reallocated every two years based on changes in population and road mile
figures.
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
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policies. This AGREEMENT consists of additional documents stated in these sections as being
attached hereto and incorporated in the AGREEMENTS reference.____._
SECTION 3. PROJECT DEFINITION AND SCOPE
This AGREEMENT, approved through Resolution 2006-14 of TAM, in accordance -with the
requirements of TAM's Measure A Expenditure Plan and Strategic Plan, is made for the
following purposes identified in the RECIPIENT's Measure A Sales Tax Program Allocation
Request Form (Attached):
Local Infrastructure for All Modes
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 $467,893 as designated in Resolution No.
2006-14, approved July 27, 2006, 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 maybe 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 S. 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
TAMeasure A Allocation RequestaTunding Agreements\Strategy 3\Substmtegy 3.2\San Rafael\Funding Agreementdoc Page 2 of 7
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 Measure A Local Transportation Sales
Tax Funds and TAM (e.g., TAM and RECIPIENT's logos — "Your Measure A Sales Tax Dollars
at Work"). For non -construction capital purchases funded by any portion of grant funds,
RECIPIENT shall affix permanent signage identifying TAM and the Sales Tax Funds as a
funding source. RECIPIENT shall demonstrate compliance with attribution and signage
requirements as an indispensable condition for authorization of Measure A reimbursement 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.
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. Payment shall not exceed the schedule shown in the Measure
A Sales Tax Program Allocation Request Form - Fiscal Year Cash Flow Availability.
TtUWeasureA Allooatlon RequestskFunding Agreementa\Stmtegy 31Substmtegy 321San RafaelTunding Agreement.doe Page 3 of 7
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 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, the Expenditure Plan or the Measure A ballot
measure 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. 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 B. 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
Measure A Sales Tax Program 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
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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 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 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 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 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 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 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 from any liability imposed for injury (as defined by Government Code
Section 810.8) occur in by reason of anything done or omitted to be done by TAM under or in
connection with any work, 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 modified.
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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 RECIPIENTS agents or employees shall be agents or employees of TAM.
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.
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SECTION U. EXHIBITS
The following Exhibits are hereby made part of this AGREEMENT:
EXHIBIT A: Conditions on Sub -Strategy 3.2
EXHIBIT B: Allocation Request Form
EXHIBIT C: Project Report (Sample Format)
EXHIBIT D: TAM Board Resolution 2006-14
SECTION 36. 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:
FAF
r/
Print Name
Print Title
ATTEST:
Approved
M
, Attorney
Cc.�c/c E• G-vi�y
Print Name
Transportation Authority of Marin
(TAM):
r
By: 4K
Deanne einhauser, Executive Director
erk
TAMeasure A Allocation RequestsWunding AgreementslStrategy 3\Substralegy 3MSan RafaellFunding Agreement.doc Page 7 of 7
Exhibit A
Conditions on Sub -Strategy 3.2 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 Expenditure Plan, 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 funs 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 funds 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 C). The Report must also include a description and
photograph of Measure A signage and the number of signs posted.
6. 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 regards to its receipt, usage and compliance
audit findings of funds before the TAM Board.
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.
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11. Provide parcel land use information for the annual TAM transportation modeling update.
--12-Provide evidence-of'Pavement-MaragenTent-System certflcation in accordance wit" ction -
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.
rWeawre A Allow lon Requests Funding Agreements\Strategy Mubstmtegy 3.215an R.N.RFxhbllA Undigons.doc Page 2 of 2
r
Transportation Authority of Marin
Measure A — Transportation Sales Tax
Allocation Request Form
Fiscal Year of Allocation: 2006-07
Expenditure Plan: Strategy 3 — Local Transportation Infrastructure
Sub -strategy 3.2 - Local Infrastructure for all Modes
Project Name: Local Infrastructure for All Modes
Implementing Agency: City of San Rafael
Scope of Work: As defined by the Expenditure Plan, eligible projects include street and road projects,
local transit projects, and bicycle and pedestrian projects. 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.
The City of San Rafael has identified local infrastructure projects shown in the following attachment for
implementation during fiscal year 2006-07.
The City of San Rafael will provide a Project Report for project(s) upon which TAM funds are expended
within 60 working days of the end of fiscal year 2006-07. The Project Report will include a brief
description of the project and describe the benefits realized from the project. The report will identify the
amount spent during the reporting year, including the total estimated project costs, the sources of project
funding, and total expenditures to date.
Strategic Plan Programmed and Requested Amounts:
Funding Allocations for Local Infrastructure Projects
Community
2006
% of Total
Programmed
Requested
2004-06
2005-06
Total
2004.05
2005-06L$467,893
tal
San Rafael
20.13%
$29,581
$438,312
$467,893
$29,581.
$438,312
Funding: In order to improve our city streets from the present Pavement Condition Index (PCI 65) to the
recommended MTC value of PCI 70, we need to spend a minimum of $2m a year based on our
Pavement Management System. Presently the city allocates $1.2m from the following funds for our
annual street resurfacing project; Gas Tax, Street Impact Fee, and Refuse Vehicle Impact Fee.
Measure A funds would be allocated to specific streets that would be identified and included as part of
this project. This way we optimize the use of design resources and also obtain the best value for our
monies. Experience has shown that we get better unit costs with larger projects, because the
mobilization costs are the same.
Cashflow Availability: 100% in FY 2006-07
Project Delivery Schedule: July 1, 2006 — June 30, 2007
Environmental Clearance: The City of San Rafael is responsible for environmental clearance.
Documentation will be provided in the Project Report.
T9M885ure A Allomtlon RequestsWunding Agmemenls%Strategy Mubstrefagy 3.Wan RafaeAExhblt 8 ARF.doc Page 1 of 1
San Rafael Street Resurfacing Program
Allenby Ln
2010 Bonnie Be
Dunfiies To
AC/AC
$
33,014 2.5 IN w/FABRIC
10/29/2001
Alpine St
2008 Nevada S
End
AC/AC
$
72,321 2.5 IN WIPATCH
6/24/2005
Amalfi PI
2007 Canal St
End
AC/AC
$
12,525 2.5 IN W/PATCH
1012912001
Andersen Dr Wb
2006 Francisco
Gary PI
ACIAC
$
44,585 2.5 IN w/FABRIC
6/24/2005
Andersen Dr Wb
2007 Gary PI
Jacoby St
ACIAC
$
31,645 2.5 IN w/FABRIC
10/2612000
Bay CE
2010 Bay Wy
End -
AC/AC
$
17,222 2.51N w/FABRIC
10/10/2003
Bayview Or
2005 Mailbox
Mailbox for 139 Bayview
AC/AC
$
24,049 2.5 IN W/PATCH
6/23/2006
Bellam BI Wb
2008 Kerner BI
Windward Wy
AC/AC
$
58,254 2.51N w1FABRIC
9/28/2000
Belle Av
2007 Mission
End
AC/AC
$
30,559 2.5 IN WIPATCH
6/26/2005
Belvedere St
2009 Bellam -BI
Medway Rd
ACIAC
$
135,225 2.51N w/FABRIC
6/24/2005
Billou St
2009 Du Bois S
Bret Av
AC/AC
$
63,570 2.51N w/FABRIC
10/29/2001
Birchwood Ct
2010Butternut
End -
AC/AC
$
25,632 2.51N w/FABRIC
6/22/2006
Blossom Ct
2007 Rose St
End
AC/AC
$
16,954 2.5 IN WIPATCH
1011012003
Bolanos Dr
2010 Sena Wy
End
AC/AC
$
21,450 2.51N w/FABRIC
10/1012003
Bonnie Banks Wy
2009 Lochinvar
City limit
AC/AC
$
54,298 2.5 IN w/FABRIC
10/29/2001
Bret Av
2007 Du Bois S
Irwin St
ACIAC
$
21,546 1.5 IN OL
6/26/2005
Bret Harte Rd
2008 Altura W
Brushwood Ln
AC/AC
$
68,707 2.5 IN WIPATCH
1012912001
Bret Harte Ln
2009 Bret Her
Bret Harte Rd
AC/AC
$
48,610 2.5 IN WIPATCH
10/10/2003
B St'
2008. Taylor St
Second St
AC/AC
$
79,784 2.51N w/FABRIC
9/26/2000
Capd Ct
2007 Canal St
End
AC/AC
$
8,874 25 IN WIPATCH
10/29/2001
Center St
2009' H St
J St
AC/AC
$
94,426 2.5 IN WIPATCH
10/10/2003
Center St
2009 J St
KSt
AC/AC
$
67,221 2.5 IN W/PATCH
10129/2001
Clayton St
2009 E St
68/64 Clayton St
AC/AC
$
30,286 2.5 IN WIPATCH
6125/2005
Clayton St
2009 68154 Cl
End of Pavement
AC/AC
$
12,617 2.5 IN WIPATCH
6/25/2005
Coast Oak Wy
2008 Cedar HII
Upper Oak Dr
AC/AC
$
23,367 21N OL
612112006
Corte Sen Benito
2009 Park Rid
End
- AC
$
16,152 2.5 IN WIPATCH
10/1012003
Corte Almaden
2010 Las GaIII
End
AC/AC
$
19,488 2.51N w/FABRIC
1 0 /2 9120 01
Cresta Or
2009 Smith Ra
End
AC/AC
$
47,747 2.5 IN WIPATCH
6123/2005
Curds Av
2009 Nye St
End
ACIAC
$
32,183 -2.5 IN WIPATCH
10/1012003
Deer Parli Av
2009 Highland
Locust Av
ACIAC
$
50,540 2,51N w/FABRIC
10/10/2003
Del Ganado Rd Eb
2007 Las Ovej
De La Guerra Rd
AC/AC
$
97,856 2.5 IN WIPATCH
6/2212005
Dellwood Ct
2009 Knight Or
End
ACIAC
$
36,714 2.5 IN w/FABRIC
10/10/2003
Denning.Av
2010 Tamarack
End
ACIAC
$
41,120 2.5 IN WIPATCH
12/26/2002
Docile St
2010 Simms St
End
AC/AC
$
47,556 2.5 IN w/FABRIC
10/10/2003
Du B0IS St
2009 Glenaire
Woodland AV
AC
$
104,119 2.5 IN WFABRIC
6/2512005
EI Camino
2006 Paloma
End
AC/AC
$
3,719 2.5 IN WIPATCH
10/10/2003
Embarcadero Wy
2010 Third St
Misslon Av
AC/AC
$
43,440. 2.5 IN W/PATCH
10/10/2003
Eva St
2008 Picnic Av
Woodland Av
AC/AC
$
13,534 2.5 IN w/FABRIC
10/10/2003
Fairhills Dr
2006 Valley M
Oakmont Av
AC/AC
$
34,449 1.5 IN OL
6/24/2005
FIfthAv
2010 H St
J St
ACIAC
$
158,667 2.5 IN W/PATCH
9/27/2000
Flamingo Ln
2007 Peacock D
End
ACIAC
$
10,546 1.5 IN OL
6/25/2005
Foster Ln -
2008 Pine St
Center St
ACIAC
$
9,496 2.5 IN WIPATCH
10110/2003
Francisco 01 W
2010 Baxters C
Rice Or
AC
$
179,962 2.51N w/FABRIC
6/25/2005
Francisco BI E
2006 Main St
Grange Wy
ACIAC
$
122,637 2.6 IN w/FABRIC
6/24/2005
Francisco BI E
2007 Shoreline
Irene St -
ACIAC
$
153,229 2.5 IN w/FABRIC
6/2412005
Francisco BI E
2007 Bellam B
Medway Rd
ACIAC
$
186,093 2.5 IN WIPATCH
6/24/2005
Francisco BI E.
2008 Harbor S
Grand Av
ACIAC
$
167,519 2.5 IN W/PATCH
6/24/2005
Front St
2010 Medway R
End
AC/AC
$
121,260 2.5 IN W/PATCH
10/2912001
Galleon Wy
2010 Vallejo W
De La Guerra Rd
AC/AC
$
27,480 2.6 IN w/FABRIC
10/10/2003
Garden Ln
2009 Fifth Av
Mission Av
AC/AC
$
16,356 2.5 IN WIPATCH
6/26/2005
Glenalm, Dr
2010 End
End
ACIAC
$
50,987 2.5 IN W/PATCH
12/18/2002
Glen Park Av
2008 Hacienda
Villa Av
ACIAC
$
17,937 2.51N w/FABRIC
10/10/2003
Glenwood Dr
2010 Lincoln -'
End
AC/AC
$
- 16,001 2.5 IN WIPATCH
6/26/2005 -
Gloucester Ca
2008 Catalina
End
ACIAC
$
18,762 2.51N w/FABRIC
10/29/2001
Golden Gate Dr
2010 Simms St
End
ACIAC
$
46,430 2.5 IN W/PATCH
6/24/2005
Gold Hill Grade
2010 Deer Per
End
AC/AC
$
16,390 2.5 IN WIPATCH
10/1012003
Golf Av
2010 N San Pe
End
ACIAC
$
39,574 2.6 IN WIPATCH
6/22/2005
Grand Av
2007 Francisco
Fourth St
AC/AC
$
119,768 2.51N w/FABRIC
10/212000
Grand Av
2008 Acacia Av
Mountain View Av
ACIAC
$
58,182 2.51N w/FABRIC
6/26/2005
Grange Wy
2000 Francisco
Kerner Blvd
ACIAC
$
43,788 2,5 IN w/FABRIC
10/29/2001
Greenfield Av
2009 Greenfiei
City limit
AC/AC
$
100,121 2.51N w/FABRIC
6/25/2005
Hamilton Ct
2010 Lincoln A
End
AC/AC
$
6,529 2.51N w/FABRIC
10/10/2003
Happy Ln
2010 Fifth Av
End
AC/AC
$
52,300 2.51N WIPATCH
6/24/2005
Hazel Ct
2010 Irwin St
End
AC/AC
$
19,197 2.5 IN W/PATCH
10/29/2001
Hillview Av
2008 Irvin St
Du Bois St
ACIAC
$
46,175 2.51N w/FABRIC
6/25/2005
Hingam Cv
2010 Spinnaker
End
AC/AC
$
18,530 2.5 IN w/FABRIC
12/17/2002
Hubbell Ct
2008 Jewell St
End
ACIAC
$
17,595 2.51N w/FABRIC
10/29/2001
Ida St
2009 Second St
Fourth St
ACIAC
$
26,843 2.51N w/FABRIC
6/2512005
T.Weasum A Allocallon RaqueslsTunding Agre.mWskSl,elegy 3l ubsMegy 3.216an R.Ini ahlbll B LIM of Sireeb
San Rafael Street Resurfacing Program
Irwin St -
2007 Irwin St
Woodland Av
- ACIAC
$
67,654 1.51N OL -
6/25/2005
Jewell St
2007 Palm Av
Rafael Or
AC/AC
$
20,646 1.51N OL
6/26/2005
Knight Dr
2008 Pt San Pe
Rollingwood Dr
ACIAC
$
163,224 2.61N w/FABRIC
6/23/2005
Knight Or
2008 Woodside
292 Knight Or
AC/AC
$
38;573 2.5 IN w/FABRIC
6/2312005
Las Gallinas Av S
2006 Nova Alb
Manuel Frielas Pkwy
ACIAC
$
24,325 2.5 IN W/PATCH
6/23/2005
Las Gallinas Av Sb
2008 Manuel T
Las Colindas Rd
AC/AC
$
72,954 2.5 IN W/PATCH
10/512000
Las Gallinas Av N
2008 Manuel F
Las Colindas Rd
AC/AC
$
72,954 2.5 IN W/PATCH
6/23/2005
Las Gallinas Av Nb
2007 Las Colin
Montevideo Wy
ACIAC
$
131,046 2.51N w/FABRIC
10/5/2000
Las Gallinas Av N
2007 Montevid
Skyview Te
AC/AC
$
94,401 2.5 IN W/PATCH
6/21/2005
Las Ovejas Av
2008 Del Ganad
End
ACIAC
$
80,025 2.51N w/FABRIC
10/10/2003
Las Ovelas Av
2009 Del Ganad
Las Collndas Rd
AC
$
61,746 2.51N WFABRIC
12/24/2002
Las Pavadas Av
2008ManueiT
Las Collndas Rd
AC/AC
$
79,702 2.5 IN w/FABRIC
101612000
Le Claire Ct
2010 Nova Alb!
End
AC/AC
$
11,838 2.51N w/FABRIC
6/22/2005
Linden Ln
2009 Mt View A
Grand Av
AC/AC
$
67,858 2.51N.w/FABRIC
6/26/2006
Locust Av
2010 Williams
Deer Park Av
AC/AC
$
102,849 2.5 IN W/PATCH
626/2005
Loma Unda Rd
2010 Marina BI
Marina Blvd
ACIAC
$
69,700 251N w/FABRIC
12/12/2002
Las Colindas Rd E
2006 1091 W/O
Las Reposes Rd
AC/AC
$
45,334 2.5 IN W/PATCH
10/10/2003
Las Colindas_ Rd W
2006 1091 W/O
Las Reposes Rd
AC/AC
$
45,334 2.5 IN W/PATCH
10/10/2003
Lunny Ln
2006 G St
H St
AC/AC
$
6,354 2.5 IN W/PATCH
6/26/2005
Makin Grade
2006 Upper Toy
Private Drive
AC/AC
$
5,806 2.5 IN WFABRIC
12/18/2002
Manuel T Freitas P
2008 Civic Can
MT Freitas Overpass
AC/AC
$
21,298 2.51N w/FABRIC
3/25/2003
Manuel T Fraitas P
2007 Northgate
Las Gallinas Av
AC
$
60,905 2.5 IN w/FABRIC
6/23/2005
Manuel T Freltas P
2007 MT Fraita
Northgate Or
AC/AC
$
57,790 2.51N w/FABRIC
6/23/2005
Manuel T Freitas P
2010 Northgate
Las Gallinas Av
- AC
$
105,756 2.51N w/FABRIC
6/23/2005
Marina BI
2008 Pt San P
Pt San Pedro Rd
AC/AC
$
230,924 2.6 IN W/PATCH
6/23/2005
Marina Court Dr
2009 Embarcad
City limit
AC/AC
$
27,226 2.5 IN W/PATCH
626/2005
Mark Dr
2008 Mitchell
Paul Dr
ACIAC
$
57,724 2.51N w/FABRIC
10/10/2003
Maywood Wy
2009 Maywood W
Maywood Wy
AC/AC
$
61,703 2.51N w/FABRIC
10/1012003
Mccoy Rd
2010 Bungalow
End
AC/AC
$
36,512 2.5 IN W/PATCH
12/12/2002
Medway Rd
2007 Francisc
Canal St
AC/AC
$
84,090 2.5 IN W/PATCH
6/24/2005
Mlilss Ln
2009 Bret Her
End
AC/AC
$
9,508 2.5 IN W/PATCH
10110/2003
Montecillo Rd
2009 Nova Alb
Tamarack Or
AC/AC
$
218,150 2.6 IN W/PATCH
6/22/2005
Montecillo Rd
2010 Manuel T
End
AC/AC
$
291,832 2.5 IN w/FABRIC
6/2212005
Myrtle Av
2010 Lincoln
End
AC
$
12,768 2.6 IN W/PATCH
10/10/2003
Nantucket Cv(-circ
2008 Catalina
End
AC/AC
$
25,245 2.51N w/FABRIC
10/10/2003
Northgate Dr
2008 Las Galli
End
AC/AC
$
89,507 2.51N w/FABRIC
10/6/2000
Nova Albion Wy
2007 Montecill
Northgate Or
AC
$
200,575 2 IN OL
6122/2005
Oakmont Av
2010 Fairhills
End
ACIAC
$
105,247 2.51N w/FABRIC
61242005
Pico Ct
2010 Galleon
End
AC/AC
$
18,576 2.5 IN W/PATCH
10/102003
Piombo PI
2010 Grange Wy
End
AC/AC
$
18,567 2.51N w/FABRIC
6/24/2005
Plymouth Cv (-circ
2010 Catalina
End
AC/AC
$
4,974 2.5 IN w/FABRIC
12/1212002
Riviera Dr
2008 1601 N/O
San Marino Dr
AC/AC
$
52,175 2.5 IN WFABRIC
626/2005
Robert Dollar Seen
2006 65IS/0 T
Tampa Dr
PCC
$
11218 THIN AC OVERLAY(1.5
10/102003
Racquet Club Or
2006 Fifth Av
Longwood Dr
AC/AC
$
53,969 2.5 IN W/PATCH
10/10/2003
Santa Margarita Or
2008 Scenic Av
Fourth St
AC
$
105,827 2.5 IN WFABRIC
10/10/2003
Smith Ranch Rd Eb
2007 Silveira
N Redwood Dr
AC/AC
$
142,861 2.51N w/FABRIC
6/232005
Smith Ranch Rd Wb
2007 Silveira
N Redwood Dr
ACIAC
$
142,861 2.51N w/FABRIC
6/23/2006
Stevens St
2008 Pacheco S
End
ACIAC
$
22,482 2.51N w/FABRIC
6/2612005
Tanbark Te
2008 Thomwood
Tamarack Or
ACIAC
$
54,485 2.51N w/FABRIC
12126/2002
Third St Eb
2009 City lim!
Mary St
AC/AC
$
146,973 2.51N w/FABRIC
6/26/2005
Twin Oaks Av
2007 Falrhills
End
AC/AC
$
36,769 1.5 IN OL
6/24/2005
Verdi St
2010 Market St
Belvedere St
AC/AC
$
30,175 2.5 IN w/FABRIC
6/24/2005
Villa Av
2009 Myrtle Av
Hwy 101 On -Ramp
AC/AC
$
87,098 2.5 IN w/FABRIC
12/12/2002
Wakerobin Ln
2009 Whitewood
Woodbine Dr
AC/AC
$
124,110 2.51N w/FABRIC
10/29/2001
Windward Wy
2009 Bellam BI
End
AC/AC
$
85,300 2.61N w/FABRIC
6/24/2006
Wisteria Wy
2010 Whitewood
Wakerobin Ln
AC/AC
$
54,153 2.5 IN w/FABRIC
1012912001
Woodland Av
2007 DuBois St
Irwin St
AC
$
52,295 2 I OL
6/25/2005
Woodland Av
2007 LovellA
Undaro St
AC
$
86,384 2.51NW/PATCH
6/25/2005
$7,834,037
T:weasere A Alincellan R.,an l.AftgAgreemvnls45121egy=l bslmlegy 9.Man RelaeltEM[bll a pet of Streets
EXHIBIT C
Project Report (sample format)
fdue 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)
Measure A signage:
Number of signs posted:
Attach a statement, signed by the City Public Works Director, certifying the reports compliance with the
provisions of the funding 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.
TAMeasure A Allocatlon Requests\Funding Agreements\Strategy3\Substrategy 32\San RafashExhlbltC Project Report. doc Pagel oft
Local Roadway Project Report, Part 1
Multi -Modal and Safety -Related Considerations
f
_'Ajc6rd_16_9_to_the7 Marin County Transportation Sales Tax Expenditure Plan, 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.
-------..-... _.....__..... — ....-.._.. - _...__.
9. 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.
TAMeasureA Allocation RequestsTunding Agreements\Strategy 3\Substrategy 3.2\San Rafael\Exhibit C Project Report.doc Page 2 of 2
Exhibit D
TAM RESOLUTION NO. 2006-14
RESOLUTION OF THE TRANSPORTATION AUTHORITY OF MARIN (TAM) FOR THE
ALLOCATION OF $2,296,163 IN MEASURE A, STRATEGY 3 FUNDS TO MARIN COUNTY
AND THE CITIES OR TOWNS OF BELVEDERE, CORTE MADERA, FAIRFAX, LARKSPUR,
MILL VALLEY, NOVATO, SAN ANSELMO, SAN RAFAEL, SAUSALITO, AND TIBURON
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 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; 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, that will be updated every two years,
to providd 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 Pian, including Strategy 3, Local Transportation
Infrastructure, Sub -strategy 3.2, Local Infrastructure for all Modes; and
WHEREAS, Measure A funds for Sub -strategy 32, Local infrastructure for all Modes,
are programmed under the Strategic Plan 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 infrastructure improvement projects that are prioritized by the
respective Public Works Directors; and
WHEREAS, The Town of Ross is also an eligible recipient, but elected to defer an
allocation of Measure A funds until sufficient funds can be accumulated to adequately fund a
complete project; and
Resolution 2006-14 Page 1 of 3
FAD3. TAM BOARDS & COMMITTEES\03A1 TAM Board103.01.03 Board Packets\07-27-05TINAW6 - Res No 2006.14 - Strategy
3.doc
WHEREAS, Measure A funds for Sub -strategy 3.2 can be used for street and road
projects, local transit projects, and bicycle and pedestrian projects.
WHEREAS, Infrastructure improvement projects funded with Measure A funds for Sub -
strategy 3.2 will be approved by the County's and Cities' governing boards at public meetings,
and
WHEREAS, The project sponsors are requesting funds from 'Sub -strategy 3.2 that have
been accumulated for FY 2004-05 and FY 2005-06; and
WHEREAS, Funds from FY 2004-05 were not allocated in the year accumulated and,
thus, are available for current allocations; and ,
WHEREAS, These allocations are consistent with the 2006 Measure A Strategic Plan;
and
WHEREAS, There are sufficient funds in the Sub -strategy 3.2 line item of the TAM's
approved Fiscal Year 2006/07 budget to cover the proposed action; and
WHEREAS, After reviewing the request in coordination with project sponsors, TAM staff
recommended allocating $2,296,153 in Measure A funds as requested; now, therefore, be it
RESOLVED, That 'the Transportation Authority of Marin hereby allocates a total of
$2,296,153 in Measure A funds for eligible projects under Sub -strategy 3.2 for the period July 1,
2006 to June 30, 2007 in the following distributions: $781,988 for Marin County, $23,630 for the
City of Belvedere, $68,591 for the Town of Corte Madera, $66,803 for the Town of Fairfax,
$96,199 for City of Larkspur, $140,58$ for the City of Mill Valley, $397,547 for the City of
Novato, $111,169 for the Town of San Anselmo, $467,893 for the City of San Rafael, $65,997
for the City of Sausalito, and $75,748 for the Town of Tiburon; and be it further
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
Expenditure Plan and the 2006 Measure A Strategic Plan; and be it further
RESOLVED, That the Transportation Authority of Marin hereby authorizes the actual
expenditure (cash reimbursement) of funds for these activities to take place subject to the Fiscal
Resolution 2006-14 Page 2 of 3
FA03. TAM BOARDS & COMMM-EES103.01 TAM Boardl03.01.03 Board Packets\07-27-05TINALM5- Res No 2006-14- Strategy
3.doc
Year Cash Flow Distribution Schedule detailed in the attached Allocation Request Forms; and
be it further
RESOLVED, That as' s 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 27' day of July 2006, by the following vote:
AYES:
NOTES:
ABSENT: s
Steve Kinsey, Chair
Transportation Authority of Marin
AE
ST
DI a teinhauser
Executive Director
Resolution 2006-14
Page 3 of 3
F903, TAM BOARDS & COMMITTEES\0301 TAM Board\03.01.03 Board Pachets\07-27-061PINAL\15 -Res No 2000-14- Strategy
Ides,
Resolution No. 12174
A RESOLUTION AUTHORIZING APPROVAL OF A FUNDING AGREEMENT
BETWEEN THE TRANSPORTATION AUTHORITY OF MARIN (TAM) AND THE
CITY OF SAN RAFAEL, ESTABLISHING TERMS FOR THE USE OF LOCAL
MEASURE A FUNDS TO MAINTAIN LOCAL ROADS AND INFRASTRUCTURE,
AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE
AGREEMENT.
WHEREAS, the City of San Rafael is eligible to receive $460,000 per year over the next
20 years from Measure A, the local transportation sales tax passed by Marin voters in 2004; and
WHEREAS, Measure A fiords can pay for a variety of multi -modal transportation
projects that will benefit pedestrians, bicyclists and motorists alike; and
WHEREAS, Measure A funds will augment existing funding dedicated to transportation
projects, e.g., Gas Tax, Construction Vehicle Impact Fees, Refuse Vehicle Registration Fees,
state and federal grants; and
WHEREAS, the City Council must approve a funding agreement and additional
authorizations between the Transportation Authority of Marin and the City of San Rafael in order
to qualify for and benefit from Measure A funds.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael
approves a funding agreement between TAM and the City, establishes terms for the use of local
Measure A funds, and authorizes the Director of Public Works to execute said agreement.
I, JEANNE M. LEONCINI, 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 on the 18s' day of December, 2006, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Mayor Bore
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miller
V lSj�yyr-bu[�r�..•
JEA M. LEONCIlVI, City Clerk
ORIGINAL OF AGREEMENT
FOR: TAM