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Home My WebLink AboutAgr 2012-12-11 (City of San Rafael and Town)This Memorandum of Understanding (hereinafter "Agreement ") is made and entered into this /(day of , 2012, by and between the CITY OF SAN RAFAEL (hereinafter "SAN RAFAEL"), and the TOWN OF TIBURON (hereinafter "TIBURON "). RECITALS WHEREAS, TIBURON is eligible for $71,250 of federal funding through the Surface Transportation Program (STP) funding for its local streets and roads; and WHEREAS, TIBURON finds that pursuing these federal funds would not be advantageous to the citizens of the TOWN based on the fact that complying with the federal paperwork is time consuming and would not be fiscally prudent for the amount of funding allocated; and and WHEREAS, TIBURON is interested in allowing SAN RAFAEL to utilize its share of the STP funds; WHEREAS, SAN RAFAEL in return for utilizing TIBURON's STP funds will allow TIBURON to utilize 80 cents of local funding for each dollar received of STP funding for its roadway. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: I . PURPOSE OF AGREEMENT. The purpose of this Agreement is to express the intent of the agreement and understanding of the parties regarding the utilization of STP funding. 2. DEFINITIONS TIBURON: Shall mean the TOWN of TIBURON 1 SAN RAFAEL; Shall mean the City of San Rafael 3. MOU COORDINATION. A. TIBURON. The Public Works Director shall be the representative of TIBURON for all purposes under this Agreement and shall supervise all aspects of the execution of this Agreement. B. SAN RAFAEL. The Public Works Director shall be the representative of SAN RAFAEL for all purposes under this Agreement and shall supervise all aspects of the execution of this Agreement. 4. TIBURON's CONSENT. TIBURON consents to distribute its share of the 2010 STP funding to SAN RAFAEL. 5. SAN RAFAEL's CONSENT. SAN RAFAEL consents to distribute to TIBURON appropriate portion of local funding as stipulated in this agreement 6. DUTIES OF THE SAN RAFAEL A. SAN RAFAEL shall be responsible for managing all federal paperwork associated with TIBURON's STP allocation. B. SAN RAFAEL following the completion of SAN RAFAEL's resurfacing project, expected to be completed by July 30, 2013 and receipt of the Federal STP finding approximately six months following the project completion, SAN RAFAEL shall forward $57,000 in local funding to TIBURON. 7. DUTIES OF TIBURON A. TIBURON shall cooperate with SAN RAFAEL in their efforts to utilize STP funding. 8. INDEMNIFICATION. A. SAN RAFAEL shall indemnify, release, defend and hold harmless TIBURON, its officers, agents, employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in X part, from any acts or omissions of SAN RAFAEL or SAN RAFAEL's officers, agents and employees in the performance of their duties and obligations under this Agreement. B. TIBURON shall indemnify, release, defend and hold harmless SAN RAFAEL, its officers, agents, employees and volunteers, against any claim, demand, suit, judgment, loss liability or expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any acts or omissions of TIBURON or TIBURON's officers, agents and employees in the performance of their duties and obligations under this Agreement. 9. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change or address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO TIBURON: Public Works Director Town of TIBURON 1505 Tiburon Blvd. TIBURON, CA 94920 TO SAN RAFAEL: Public Works Director City of San Rafael 111 Morphew Street San Rafael, CA 94901 10. ENTIRE AGREEMENT — AMENDMENTS. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the TIBURON and the SAN RAFAEL. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. I 11. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. TOWN OF TIBURON Public Works Director ATTEST: Town Clerk APPROVED AS TO FORM: CITY OF SAN RAFAEL NADER MANSOURIAN Public Works Director ATTEST: OR 492 IMA 14 1 APPROVED AS TO FORM: ROBERT F. EPSTEIN, T WN t rney 51 Town of Tiburon • 1505 Tiburon Boulevard • Tiburon, CA 94920 • P 415-435-7373 E 415.435.2438 • Nvww.ci.tiburon.ca.us December 4, 2012 Nader Mansourian, Public Works Director City of San Rafael 111 Morphew Street San Rafael, CA 94901 RE: STP Funding Exchange Dear Nader: Enclosed is the signed Memorandum of Understanding (MOU) for the STP fundin! exchange. Please execute and forward a copy for our files. If you have any questions or require additional information, please feel free to contac me. Sincerely, Nicholas T. Nguyen, P.E. Director of Public Works / Town Engineer Enclosure: as stated Cc: Project file RESOLUTION NO. 13421 A RESOLUTION AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SIGN THE MEMORANDUM OF UNDERSTANDING WITH EIGHT LOCAL JURISDICTIONS EXCHANGING CITY OF SAN RAFAEL LOCAL FUNDING WITH THESE JURISDICTIONS' STPICMAQ FEDERAL FUNDING WHEREAS, the City of San Rafael is eligible to receive Surface Transportation Program (STP) and Congestion Management and Air Quality Improvement (CMAQ) Program funding from the federal government for resurfacing main arterial roadways within the City; and WHEREAS, a total of eight other jurisdictions within the County of Marin who are eligible for STP /CMAQ funding have found that it is not cost effective to pursue the small allocations of these federal funds; and WHEREAS, the City of San Rafael is willing to utilize the STP /CMAQ funding authorized for these eight local jurisdictions. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael that it approves and authorizes the Public Works Director to execute the Memorandum of Understanding, as shown in the attached Example Memorandum of Understanding, in a form approved by the City Attorney with the local jurisdictions stated in the staff report and authorizes the Public Works Director to take all necessary actions in connection with this Memorandum of Understanding. I, ESTHER C. IIEIRNE, 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 ls` day of October, 2012, by the following vote, to wit: AYES: COUNCILMEMBERS: Connolly, Heller, Levine, McCullough c& Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk File No.: 16.06.78 Belvedere | �e Madera Faifox Larkspur --- ---- --' Rosa__�______ �San�Ansemo—' Sau�ooUbz� _ Tiburon EXHIBIT Original Federal Allocation Reimbursement to City's 22,614 18 - 091 71,245 56,996 61,286 49,029 73,194 58,555 1 8,614 14,892 103,816 83,053 78,252 62,602 71 250 57,000 500,271 1 400,218 San Rafael 518.510 Total Allocation _1,018,781 1 September 27, 2013 Nicolas Nguyen, Public Works Director Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 MAYOR GARY O. PHILLIPS VICE MAYOR BARBARA HELLER COUNCILMEMBER KATE COLIN COUNCILMEMBER DAMON CONNOLLY ER ANDREW CUYUGAN MCCULLOUGH PUBLIC WORKS DEPARTMENT: (415)485 -3355 FAX: (415)485 -3334 Nader Mansourian., Director of Public Works File No.: 16.06.78.01 Re: MEMORANDUM OF UNDERSTANDING - EXCHANGE OF SURFACE Dear Mr. Nguyen, Enclosed is your fully executed Memorandum of Understanding for the Federal STP funding exchange. Very truly yours, Kevin McGowan Assistant Public Works Director /City Engineer Enclosure 111 MORPHEW STREET - PO Box 151560 • SAKI RAFAEL, CA 94915 -1560 W W W.CITYOFSANRAFAEL.ORG