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HomeMy WebLinkAboutPW TAM Funding Agreement 2007-012CITV OF n� Agenda Item No: 12 Meeting Date: May 18, 2009 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public cs Prepared by 1City Manager Approval: File No. 16.13.09 SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO AMEND FUNDING AGREEMENT #2007-012 BETWEEN THE TRANSPORTATION AUTHORITY OF MARIN AND THE CITY OF SAN RAFAEL BY ADDING $487,732 IN LOCAL MEASURE A FUNDING. RECOMMENDATION: Adopt resolution. BACKGROUND: Marin County voters approved Measure A, a transportation transaction and use tax, on November 2, 2004, thereby authorizing the Transportation Authority of Marin (TAM) to administer funds for multi -modal transportation projects identified by local agency public works directors. Local governing bodies must approve all such projects. 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 TAM. Thus far, San Rafael has received the following Local Measure A allocations: ■ $467,893 (06-07) ■ $533,660 (07-08) ■ $503,904 (08-09) Funding Agreement 2007-012 agreement documents "the funding conditions necessary for San Rafael to comply with applicable law and policies" relative to the use of Local Measure A funds. Section 28 (Amendment) of that agreement further states "that this agreement may not be changed, modified or rescinded except in writing, signed by all parties hereto..." FOR CITY CLERK ONLY File No.: Council Meeting: _ Disposition: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 ANALYSIS: As indicated, the Council must approve amendments to the original funding agreement to receive subsequent Measure A allocations, in this case $487,732 for fiscal year 09-10. The Public Works Department proposes to assign the entire allocation to our next street resurfacing project, "Street Resurfacing 2009 (ARRA)", #11108. The total budget for this project will be approximately $2,000,000, $487,732 of which comes from this Local Measure A allocation. Clearly' Measure A represents a significant source of funds for the City's transportation projects. This amendment and future amendments will assure the availability of funding for local infrastructure projects throughout San Rafael. FISCAL IMPACT: The proposed amendment provides an additional $487,732 in Local Measure A funds. OPTIONS: Council may choose not to approve the amendment. However, doing so will mean identifying alternative funding for $487,732 of the $2,000,000 budget for "Street Resurfacing 2009 (ARRA)." ACTION REQUIRED: Approve resolution. Enclosures RESOLUTION NO. _ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO AMEND FUNDING AGREEMENT #2007-012 BETWEEN THE TRANSPORTATION AUTHORITY OF MARIN AND THE CITY OF SAN RAFAEL BY ADDING $487,732 IN LOCAL MEASURE A FUNDING. 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 stipulated that the City Council must approve "additional authorizations between TAM and the City"; and WHEREAS, TAM has requested an amendment of the existing funding agreement to add an additional $487,732 for the maintenance and improvement of San Rafael roads and infrastructure. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael authorizes the City Manager to execute an amendment to Funding Agreement 2007-012, in a form approved by the City Attorney, to add an additional $487,732 for San Rafael roadway maintenance and improvements. I, ESTHER M. 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 18th day of May, 2009, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ESTHER M. BEIRNE, City Clerk File No.: 16.13.09 TAM AGREEMENT #2007-012 FUNDING. AGREEMENT BETWEEN TRANSPORTATION AUTHORITY OF MARIN AND CITY OF SAN RAFAEL This AGREEMENT is made this 14-V day ofu 2006, b and between the Transportation Authority of Marin, hereinafter referred", 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 proceedswill 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 will' 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 TAMeasureA Allocation RequestsWunding Agreements\Strategy 3\Substmtegy 3.2\San Rafael\Funding Agreement.doc . Page 1 of 7 policies. This AGREEMENT consists of additional documents stated in these sections as being attached hereto and incorporated in the AGREEMENT by reference. SECTION 3. PROJECT DEFINITION AND SCOPE This AGREEMENT, approved through Resolution 2006-1.4 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 may be used for any local transportation need identified by the RECIPIENT's Public Works Director, including streets and roads projects, local transit projects, bicycle pedestrian projects and other transportation uses, as approved by the RECIPIENT's governing board. Where feasible, locally defined bicycle and pedestrian projects Will be implemented in conjunction with a related roadway improvement. This could include safety improvements, pedestrian facilities including disabled access, or bicycle facilities such as bike lanes or signage. SECTION 6. BUDGET AND SCOPE RECIPIENT shall maintain a project or program budget. RECIPIENT shall carry out the project and shall incur obligations against and make disbursements of the grant in conformity with TAM's requirements and the budget. SECTION 7. PROJECT MANAGEMENT RECIPIENT shall be responsible for the project and provide management of consultant and contractor activities for which RECIPIENT contracts, including responsibility for schedule, scope, and budget, consistent with TAM's resolution 'allocating the grant unless otherwise agreed upon in writing. SECTION 8. PROJECT OVERSIGHT RECIPIENT shall cooperate with TAM's project management team and shall provide any requested project information. SECTION 9. ATTRIBUTION AND SIGNAGE If any portion of grant funds is used for production of reports, acknowledgment of the TAM's role TWeasure A Allocation Requests ending AgreementslStmtegy 31Substmlegy 3.215an Ra(aelTunding 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. -PAMeasure AAllor tion RequestsWunding Agreements%tmtegy 31Substmtegy 3.2\San Rafael\Funding Agreement.doc 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 T1Measum AAllocation Requesls\Funding Agreements\Stmlegy 3\Subs1mtegy 3.2\San Rafael\Funding Agreement.doc Page 4 of 7 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. TAMeasure AAllocallon Requests\Funding Agreements\Strategy 3\Substralegy 3.2\San Rafael\Funding Agreement.doc Page 5 of 7 obligations properly incurred by RECIPIENT before the termination date; ,to the extent those obligations cannot be canceled. SECTION 27. INTEGRATION This AGREEMENT represents the entire AGREEMENT of the parties with respect to the subject matter thereof. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in other contemporaneous written agreements. SECTION 28. AMENDMENT Except as otherwise provided herein, this AGREEMENT may not be changed, modified or rescinded except in writing, signed by all parties hereto, and any attempt at oral modification of this AGREEMENT shall be void and of no effect. SECTION 29. INDEPENDENT AGENCY RECIPIENT performs the terms and conditions of this AGREEMENT as an entity independent of TAM. None of RECIPIENT'S agents or employees shall be agents or employees of TAM. 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. TAMeasureA Allocation Requests\Funding Agreements\Strategy 31Substrategy 320an RafaelTunding Agreement.doc Page 6 of 7 SECTION 34. 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 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: T v , f w. Print Title ATTEST: Approved M City of San Rai'del, Attorney " GGTI�Z/c E- G'U/MSV Print Name Transportation Authority of Marin (TAM): By: Deanneeinhauser, Executive Director erk T.WeasureA Allocation RequeslsTunding Agreements\Strategy 3\Subslmlegy 3.2\San RafaeWunding Agreement.doc Page 7 of 7