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Home My WebLink AboutAgr 2016-02-09 (Federal STP Funding Exchange) MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF MARIN AND THE TOWN OF TIBURON CONCERNING THE FEDERAL STP FUNDING EXCHANGE. This Memorandum of Understanding (hereinafter "Agreement") is made and entered into this �fday of Fgbtirtit ti Y , 2016, by and between the COUNTY OF MARIN (hereinafter "COUNTY"), and the TOWN OF TIBURON(hereinafter"RECIPIENT"). RECITALS WHEREAS, RECIPIENT is eligible for $80,098 of federal funding through the Surface Transportation Program (STP) funding for its local streets and roads; and WHEREAS, RECIPIENT finds that pursuing these federal funds would not be advantageous to the citizens of the City 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 WHEREAS, RECIPIENT is interested in allowing COUNTY to utilize its share of the STP funds; and WHEREAS, COUNTY in return for utilizing RECIPIENT's STP funds will allow RECIPIENT to utilize 75 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. MOU COORDINATION. A. RECIPIENT. The Public Works Director shall be the representative of RECIPIENT for all purposes under this Agreement and shall supervise all aspects of the execution of this Agreement. 1 B. COUNTY. The Public Works Director shall be the representative of COUNTY for all purposes under this Agreement and shall supervise all aspects of the execution of this Agreement. 3. RECIPIENT's CONSENT. RECIPIENT consents to distribute its share of local streets and roads STP funding to COUNTY. 4. COUNTY's CONSENT. COUNTY consents to distribute to RECIPIENT appropriate portion of local funding as stipulated in this agreement S. DUTIES OF THE COUNTY A. COUNTY shall be responsible for managing all federal paperwork associated with RECIPIENT's STP allocation. B. COUNTY shall forward $60,074 in local funding to RECIPIENT within 30 days after tine Board of Supervisors approves the Donahue Street Rehabilitation project. Project approval will occur after construction E76 approval and all signed documents are received from all cities/towns swapping funds. 6. DUTIES OF RECIPIENT A. RECIPIENT shall cooperate with COUNTY In its efforts to utilize STP funding. 7. INDEMNIFICATION. A. COUNTY shall indemnify, release, defend and hold harmless RECIPIENT, 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 COUNTY or COUNTY's officers, agents and employees in the performance of their duties and obligations under this Agreement. B. RECIPIENT shall indemnify, release, defend and (told harmless COUNTY, 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, 2 from any acts or omissions of RECIPIENT or RECIPIENT's officers, agents and employees in the performance of their duties and obligations under this Agreement. 8. 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 Boulevard Tiburon, CA 94920 TO COUNTY: Public Works Director County of Marin P.O. Box 4186,Room 304 San Rafael,CA 94913-4186 9. 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 RECIPIENT and the COUNTY. l0. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 3 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. TOWN OF TIBURON COUNTY OF MARIN Pa ' Barns Raul M. Rojas Public Works Director Public Works Director ATTEST: Town Clerk APPROV AS TO FORM: APPROVED AS TO FORM: J, w 'Alto a County of Mari Attorney f M:\14-Projects\Projects\06-2014 OBAO-Donahue Street\Design\03-Agreements-Board Letters\Funding Agreements\MOU Tiburon.doc 4 a APR 0 4 2016 DIRECTOR OF PUBLIC WORKS TOWN OFR.E.PA TME T OF F BLI RKS :::...:...::..::.. ::.. R.................N.. ........._..._.......U........... ....Vt�.Q............... COUNTY OF MARIN QualityExcellence, Innovation Raul M. Rojas March 30, 2016 DIRECTOR Patrick Barnes,DPW Director Town of Tiburon Administration 1505 Tiburon Blvd. PO Box 4186 Tiburon, CA 94920 San Rafael,CA 94913-4186 415 473 6528 T Re: Federal Surface Transportation Program Fund Swap Agreement 415 473 3799 F 415 473 3232 TTY Dear Mr.Barnes: CRS Dial 711 www.marincounty.org/pw Attached is a copy of our fully executed Agreement which formalizes our offer to use federal Local Street and Roads funds less than $250,000 and return 75% in local Measure A ''/1 cent Accounting transportation sales tax funds. The Agreement was approved by the Director of Public Works on behalf of the Board of Supervisors on February 9, 2016. The current schedule has award of Airport the Donahue Street project scheduled for early summer 2017. Given the current schedule it is anticipated that your payment 75%payment of$60,074 should arrive by Fall of 2017. Building Maintenance Contact for payment is Eric Miller,Associate Civil Engineer, at emiller@marincouniy.org or Capital Projects (415)473-6354. Certified Unified Program If you have agreement questions please contact Reuel Brady at(415)473-6525. Agency(CUPA) Very truly y� Lou�rsj,7 Communications B J Maintenance f/{��Q�w V�•'f County Garage Bob Goralka Principal Civil Engineer Disability Access Attachment Engineering&Survey c: Raul Rojas Flood Control& Craig Tackabery Water Resources Ernest Klock Eric Miller Land Development Qiana Davis Purchasing Real Estate Reprographic Services Road Maintenance Stormwater Program Transportation& Traffic Operations M:\14-Projects\Projects\06-2014 OBAG-Donahue StreetMesign\03-Agreements-Board Letters\Funding Agreements\Agreement_Transmihal_Letter_033016.doc Waste Management