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HomeMy WebLinkAboutResolution 2006-188 N.C.S. 11/06/2006 Resolution No. 2006-188 N.C.S. of the City of Petaluma, California AUTHORIZING A COOPERATIVE AGREEMENT BETWEEN THE CITY OF PETALUMA AND THE SONOMA COUNTY TRANSPORTATION AUTHORITY (SCTA) TO RECEIVE TRANSPORTATION FOR CLEAN AIR (TFCA) FUNDS FOR CONSTRUCTION OF A ROUNDABOUT AT THE INTERSECTION OF SOUTH MCDOWELL BOULEVARD AT BAYWOOD DRIVE WHEREAS, the City of Petaluma has received SCTA Board approval for Transportation Fund for Clean Air (TFCA) monies to construct a roundabout at the intersection of South McDowell Boulevard at Baywood Drive; and, WHEREAS, the subject transfer agreement between the City of Petaluma and Sonoma County Transportation Authority (SCTA) for advancement of these funds is attached as Exhibit A to this resolution; and, WHEREAS, the roundabout would replace an existing all-way stop control at this location; and, WHEREAS, the result of this proposal will be enhanced vehicular and pedestrian safety at this intersection, air quality improvement, and traffic congestion relief; and, WHEREAS, funding has been identified for the project in order to meet project funding requirements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma directs City Manager to execute the attached transfer agreement between the City of Petaluma and SCTA to advance TFCA funds for construction of a roundabout at the intersection of McDowell Boulevard at Baywood Drive. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the ppro ed to Council of the City of Petaluma at a Regular meeting on the 6`~ day of November, fo 2006, by the following vote: City Attorr} y AYES: Mayor Glass, Healy, Vice Mayor Nau, O'Brien, Torliatt ? NOES: None ABSENT: Harris ABSTAIN: None n J ATTN.ST: _ _ City lerk Mayor Resolution No. 2006-188 N.C.S. Page 1 SONOMA COUNTY TRANSPORTATION AUTHORITY TRANSPORTATION FUND FOR CLEAN AIR (TFCA} FUND TRANSFER AGREEMENT FY 2006/2007 This agreement is made on ,between the Sonoma County Transportation Authority, {hereinafter SCTA} and the Project Sponsor, city of Petaluma (hereinafter Sponsor}. Section 1. PURPOSE OF AGREEMENT The purpose of this Agreement is to specify the terms and conditions of the advancement of funds made available from the TFCA Vehicle Registration Fee program for fiscal year 2006/2007. As program manager in Sonoma County, the SCTA will annually program 40% of the TFCA funds collected in Sonoma County. The Bay Area Air Quality Management District (BAAQMD) will advance these funds to the Sonoma County Transportation Authority (SCTA), which will then advance funds to project sponsors, pursuant to this Agreement. Section 2. DESCRIPTION OF PROJECT The SCTA has programmed X195,000 of the funds available in the 2006/2007 Sonoma County allocation of TFCA funds to Sponsor to fund the Roundabout at McDowell Blvd. South & Baywoad Drive Project 06SON10 Section 3. ADVANCEMENT OF FUNDS Funds for the 2006/2007 program will be advanced to the SCTA from the BAAQMD in two installments. As they become available, funds will be released to Sponsors on a first come, first serve basis with priority given to sponsors which must expend funds from a prior fiscal year TFCA program. Funds will only be released as reimbursement for completed expenditures. Sponsor must complete a "Request for Reimbursement" form and provide documentation of all expenditures for which they are seeking reimbursement. In no case shall reimbursements exceed in total the amount specified for that project in Section Z of this Agreement. Section 4. DOCUMENTATION OF EXPENDITURES Sponsor will submit a report to the SCTA within one {1) month of the end of each fiscal year which itemizes the expenditure of the funds, progress fo date in the implementation of the project and the results of project performance monitoring of the project(s) as specified in Attachment "A". Annual reports are to be submitted until all projects listed in Attached "A" are complete. Sponsor will, for the duration of this project and far three (3) years following completion of the project, make available to BAAQMD or to an independent auditor, upon reasonable notice, all records relating to project performance and expenses incurred in implementing this project. At a minimum records should include: i) Employee time sheets documenting those hourly labor costs incurred in the implementation of the projects described in Attachment "A", which are paid with funds received under this Agreement, or to establish an alternative method to document staff costs charged to the funded project; 2) Receipts for goods or services purchased in implementing this project; 3) Contracts or other documents defining the amount spent on leased equipment or the ongoing work of an outside Resolution No. 2006-188 N.C.S. Page 2 Page 2 TFCA Fund Transfer Agreement FY 2006/2007 -city of Petaluma vendor in the implementation of a project; 4) Any other type of documentation of expenses clearly showing the project and the amount of money that was spent in implementing the project. Section 5. EXPIRATION OF FUNDS Sponsor acknowledges that funds expire twenty four (24) months after receipt of the first payment from BAAQMD by the SCTA. Unexpended funds maybe reprogrammed by the SCTA. Projects are subject to review at six (6) months prior to expiration. If the SCTA determines that the project cannot be completed by expiration date project funding may be reprogrammed by the SCTA. Section 6. MONITORING OF FROJECT PERFORMANCE AND COMPLETION Sponsor will keep necessary records of the performance of the project as specified in Attachment A in order to expedite evaluation by the BAAQMD of emissions reductions achieved from implementation of the project. Sponsor will submit a report to the SCTA within one (1) month of the end of each fiscal year describing progress to date in the implementation of the funded project and the results of monitoring the performance of the project as specified in Attachment A. Section 7. IDENTIFICATION OF FUNDING SOURCE A. Sponsor will use the BAAQMD approved logo far the TFCA on signs posted at the site of any construction funded under this Agreement. B. Sponsor wi[I use the BAAQMD approved logo for the TFCA on any printed material intended for public consumption associated with any project funded under this Agreement. Included as printed material are project related schedules, brochures, handbooks, maps created far public distribution or promotional material. C. Sponsor will credit BAAQMD as a funding source in any related articles, news releases, or other publicity materials for the project funded under this agreement. D. Sponsor will use the BAAQMD's approved logo for the TFCA on any vehicles operated with or obtained as part of any project funded under this Agreement. Section 8. ASSURANCES A. Sponsor will assure that all funds received under this Agreement are expended only in accordance with all applicable provisions of law. B. To the extent not otherwise prohibited by law, and to the extent required by the California Public Records Act, Sponsor will place in the public domain any software, written document, or other product developed with funds received through this Agreement after consultation with the SCTA. C. Far any vehicle(s) purchased with TFCA funds, the Sponsor will either obtain approval for alternate use of the vehicle(s) or return to the SCTA any funds realized from the sale of any vehicles} Resolution No. 2006-188 N.C.S. Page 3 Page 3 TFCA Fund Transfer Agreement FY 2006!2007 -city of Petaluma purchased with TFCA funds if such reuse or sale occurs within the industry standards for the useful life from the date of purchase of the vehicles}. The amount of the funds returned to the SCTA shall be proportional to the percentage of TFCA funds originally used to purchase the vehicle(s). Any such funds returned to the SCTA shall be reallocated to eligible projects approved by the Air District. Section 9. CONDITIONS OF FUNDING ALLOCATION FOR EMPLOYER-BASED TRIP REDUCTION EFFORTS A. Expenditures incurred on or after January 1, 1996 related to Employer-Based Trip Reduction efforts will be reimbursed by SCTA only for projects andlor programs in which employer participation is voluntary consistent with the requirements of SB 437. B. Sponsorwill provide at the SCTA's and/ar the BAAQMD's request copies of local ordinances demonstrating compliance with Section B.A. Section 10. MUTUAL AGREEMENTS A. Term: This Agreement will remain in effect for three (3) years after the completion of all the projects listed in Attachment "A", unless it is terminated as provided below. B. Termination: Either party may terminate this Agreement at any time by giving written notice of termination to the other party which shall specify the effective date thereof. Notice of termination under this paragraph shall be given at least ninety (90) days before the effective date of such termination. C. Indemnification: Sponsor shall indemnify and save harmless the SCTA from all claims, suits or actions resulting from the performance by Sponsor of its duties under this Agreement. SCTA shall indemnify and save harmless Sponsor from all claims, suits or actions resulting from the performance by SCTA of its duties under this Agreement. D. Notices: Any notice which maybe required under this Agreement shall be in writing, shall be effective when received, and shall be given by persona[ service, by U.S. Postal Service mail, or by certified mail (return receipt requested}, to the addresses set forth below, or to such addresses which maybe specified in writing to the parties hereto. Frank W. Penry Traffic Division Manager Public Works 11 English Street Petaluma, CA 94952 Suzanne Wilford Executive Director Sonoma County Transportation Authority 520 Mendocino Avenue, Suite 240 Santa Rosa, CA 95401 E. Additional Acts and Documents: Each party agrees to do all such things and take all such actions, Resolution No. 2006-188 N.C.S. Page 4 Page 4 TFCA Fund Transfer Agreement FY 2006/2007 -city of Petaluma and to make, execute and deliver such other documents and .instruments, as shall be reasonably requested to carry out the provisions, intent and purpose of this Agreement. F. Integration: This Agreement represents the entire Agreement of the parties with respect to the subject matter hereof, and no representation, 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. G. Independent Contractor: Sponsor renders its service under this Agreement as an independent contractor. None of the Sponsor's agents or employees shad be agents or employees of the SCTA. This paragraph does not apply to elected officials serving concurrently on the governing boards of both the SCTA and the City. H. Assignment: This Agreement may not be assigned, transferred, hypothecated, or pledged by any party without the express written consent of the other party. I. 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 decision shall not affect the validity of the remainder of this Agreement which shall continue in ful[ force and effect; provided that, the remainder of this Agreement can, absent the excised portion, reasonably be interpreted to give effect to the intentions of the parties. by: by: Suzanne Wilford, Frank W. Peery Executive Director Traffic Division Manager Sonoma County Transportation Authority City of Petaluma Approved as to legal form: by: Kathy Larocque, Sonoma County Transportation Authority Counsel Resolution No. 2006-188 N.C.S. Page 5 Page 5 TFCA Fund Transfer Agreement FY 2006/2007 -city of Petaluma Attachment A 06SON10 City of Petaluma Roundabout at McDowell Blvd. South & Baywood .Drive $195,000 Resolution No. 2006-188 N.C.S. Page 6