HomeMy WebLinkAboutAgr 1998-08-18 (Congestion Management Agency)r:
MARIN COUNTY
CONGESTION MANAGEMENT AGENCY
1
Belvedere:
Steger Johnson
Corte Madera:
Frank Rainwater
County of Marin:
Harry Moore
Fairfax:
Sue Peterson
Larkspur:
Joan Lundstrom
Mill Valley:
John Leonard
Novato:
Michael Di Giorgio
Ross:
Mary Brown
San Anselmo:
Peter Breen
San Rafael:
Al Boro
Sausalito:
Amy Belser
Tiburon:
Tom Gram
September 2, 1998
Bob Kleinert, City Manager
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
Re: AB-434, TFCA Funding Agreement - 1998/99
Dear Mr. Kleinert:
RECEIVED
SEP 31998
TOWN MANAV O' IR
TOWN OF ti uRON
Enclosed for your records is a fully executed copy of the above-referenced
agreement between the Town of Tiburon and the Marin County Congestion
Management Agency (CMA) for your Electric Parking Enforcement Vehicle
Project.
Very truly yours,
Margaret Ryan
Administrative Assistant
Enc.
Marin County Department of Public Works, P.O. Box 4186, San Rafael, CA 94913
Phone: 415/499-6570 - FAX 415/499-3799
cc: Farhad Mansourian
cAmargaretU9298.doc
FUNDING AGREEMENT NO.
BETWEEN
MARIN COUNTY CONGESTION MANAGEMENT AGENCY
AND
TOWN OF TIBURON
This Funding Agreement is effective the 18th day of August, 1998, by and between the
Marin County Congestion Management Agency, hereinafter referred to as "CMA," and
the Town of Tiburon, hereinafter referred to as "Town."
SECTION 1. Purpose of Funding Agreement
The purpose of this Funding Agreement is to specify the terms and conditions for the
distribution of funds made available to the Congestion Management Agency (CMA) as the
Marin County "Program Manager" of the AB 434 Vehicle Registration Fee Program for
fiscal year 1998/99 for the Electric Parking Enforcement Vehicle Project described in
Attachment A and hereafter called "Project."
The Bay Area Air Quality Management District (BAAQMD) will advance these funds to
the CMA, which will commit funds to the Town pursuant to this Agreement.
SECTION 2. Scope of Work
Town shall be responsible for completing the work necessary to design and construct the
project in accordance with applicable laws. The work for which AB 434 funds are
reimbursable shall not exceed $18,882.00. Town shall provide for ongoing maintenance
of project with Town funds other than AB 434 fund.
SECTION 3. Maximum Obligation
The CMA and Town mutually agree that the CMA's maximum cumulative payment
obligation shall be Eighteen Thousand Eight Hundred Eighty-two dollars ($18,882.00) for
the project. Town shall complete the project as described in Sections 1 and 2 even if the
total cost of the project exceeds the CMA's maximum cumulative payment obligation.
SECTION 4. Payment
Town shall request payment from the CMA for expenditures associated with implementing
the project by submittal of a "Request for Reimbursement" form together with
docuMle.ntation of all expenditures for which reimbursement is sought. Costs are eligible
as of the date first above written. Payments are to be used only for expenditures specified
in Section 2 and the CMA shall have sole and absolute discretion in determining whether
expenditures are legitimate project expenses which conform to the approved scope of
project. No partial payments or progress payments will be made.
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SECTION 5. Audit and Inspection of Records
Town shall allow the CMA to audit all expenditures for the project for a period of at least
three (3) years following completion and to make available to the CMA, or to an
independent auditor selected by the CMA, all records relating to project performance and
expenses incurred in implementing the project. The CMA shall provide timely notice prior
to conducting an audit of project costs.
The Town shall cooperate with CMA in any audit of CMA payments to Town for project
if the Bay Area Air Quality Management District requires information to support such
payments. Any disallowed portions of funds paid to Town by CMA shall be reimbursed to
CMA by Town within 3 0 days of notification to Town of such disallowance. Town shall
also reimburse the CMA for any audit expenses incurred by CMA for project.
SECTION 6. Annual Report
Town shall maintain necessary records of the cost of the project and submit an annual
report to the CMA within two (2) months after the end of the CMA's fiscal year which:
(a) itemizes the expenditure of funds, (b) summarizes progress to date in the
implementation of the project, and (c) provides the results of the monitoring of the
performance of the project as specified in Attachment A.
SECTION 7. Term of Funding Agreement
This Funding Agreement shall remain in effect until the scope of work included in Section
2 is completed, unless terminated as provided in Section 8, "Termination."
SECTION 8. Termination
Either party may terminate this Funding 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 article shall be given at least ninety (90) days before the effective
date of termination. The CMA reserves the right to withdraw approval of any funds not
encumbered by the established deadline per BAAQMD's agreement.
SECTION 9. Indemnification
Town shall indemnify and hold harmless the CMA, its directors, officers, agents, and
employees from all claims, suits, or actions resulting from the performance by Town of its
duties under this Funding Agreement.
SECTION 10. Identification of Funding Source
Town shall include in the project plans and specifications a requirement for the installation
and maintenance for the duration of the subject construction project of a project
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identification sign. Said sign shall identify project as being funded by the Transportation
Fund for Clean Air and the Bay Area Air Quality Management District.
SECTION 11. Amendments
Amendments to this Funding Agreement, including "no dollar cost" increases in scope and
modifications to the project described therein, shall be made in writing and signed by both
parties.
SECTION 12. District Funding Agreement
Town shall be subject to all of the terms and conditions of the Funding Agreement, as
specified in Attachment B, between the Bay Area Air Quality Management District and
the CMA, dated August 11, 1998, attached hereto and incorporated herein by reference.
In Witness Whereof the parties hereto have caused this Funding Agreement to be
executed as dated below.
TOWN OF TIBURON
By:
Town Manr
APPROVED AS TO FORM
By. Town Atto ey
MARIN COUNTY CONGESTION
7MANAGEME AGENCY
By:
F d ansou 'an
Executive Dire or
By:
CMA Attopf6~'
eAagreemen\ab434tib.doc
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Attachment A
Marin County CMA FY1998/99
PROJECT INFORMATION
A. Project Number: 98 MAR 15 B. Project Sponsor Town of Tiburon
C. Project Contact: Sgt. Steve Hahn D. Contact Phone * ( 415 ) 435-7355
E. Project Title: Electric Parking Enforcement Vehicle
F. TFCA $ Allocated: $ 18.882 G. Total Project Cost: $ 18.882
H. Project Description: Purchase one electric parking enforcement vehicle to replace an older, high polluting,
gasoline powered Cushman parking enforcement vehicle. The electric vehicle will be used mainly in the
downtown area of Tiburon. Our expectation is that a significant amount of pollutants will be reduced by using
the electric vehicle as much as eight hours a day.
1. Project Schedule: Start Date (mo/yr) 9/1/98 Completion Date (mo/yr) 8/31/99
J. Monitoring Requirements: Complete and submit Project Monitoring Form 2 after one year of in-use operation of
the electric vehicle.
BAAQMD Approved TFCA Funding Application for Program Managers Page 20