2011/08/09 City Council Resolution 2011-71RESOLUTION NO. 2011-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AMENDMENT NO. 1 TO THE
COOPERATIVE FUNDING AGREEMENT NO. M20005 (MEASURE M)
BETWEEN THE SONOMA COUNTY TRANSPORTATION AUTHORITY AND
CITY OF ROHNERT PARK
WHEREAS, in 2004, the residents of Sonoma County and Rohnert Park passed
Measure M, a 0.25% sales tax for transportation programs;
WHEREAS, Rohnert Park receives an allocation of Measure M sales tax proceeds for
local street maintenance in accordance with the terms of the Cooperative Funding Agreement
Between Sonoma County Transportation Authority and the City of Rohnert Park ( "Agreement ");
WHEREAS, Rohnert Park receives its allocation at the end of the third quarter each fiscal
year, as do all of the local agencies except Sonoma County, which receives its funds quarterly;
WHEREAS, SCTA staff has recommended that all local agencies receive quarterly
payments instead of annual payments;
WHEREAS, an amendment to the Measure M cooperative agreement is necessary to
allow SCTA to make this change;
WHEREAS, SCTA has provided the attached Amendment No. I to the Cooperative
Funding Agreement No. M20005 (Measure M) Between the Sonoma County Transportation
Authority and City of Rohnert Park for the City's consideration; and
WHEREAS, changing Measure M local road maintenance payments from an annual basis
to a quarterly basis will provide better cash flow to the City.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Rohnert
Park that Amendment No. 1 to the Cooperative Funding Agreement No. M20005 (Measure M)
Between the Sonoma County Transportation Authority and City of Rohnert Park is hereby
approved and the mayor is authorized to execute the amendment.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert
Park this 9th day of August, 2011.
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AHANOTU: AYE CALLINAN: AYE MACKENZIE: AYE STAFFORD: AYE BELFORTE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
Contract Number: M20005 -Al
AMENDMENT NUMBER 1 TO
COOPERATIVE FUNDING AGREEMENT NO. M20005
(MEASURE M)
BETWEEN
THE SONOMA COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF ROHNERT PARK
This Amendment No. 1 to the Agreement is made and entered into as of ,
2011 ( "Effective Date ") by and between the City of Rohnert Park. herein referred to as "CITY"
and the Sonoma County Transportation Authority, herein referred to as "AUTHORITY."
RECITALS
1. AUTHORITY and CITY entered into a Cooperative Funding Agreement No.
M20005 to define a framework to enable the two parties to work cooperatively in allocating
funding for local road maintenance, Intelligent Transportation System implementation and
related eligible work as described in the Strategic Plan.
2. Cooperative Agreement No. M20005 specified that AUTHORITY shall distribute
funds for Local Maintenance Projects on an annual basis.
3. In order to better accommodate fluctuations in sales tax revenue and provide a
more consistent cash flow to the CITY, AUTHORITY recommended and authorized Cooperative
Funding Agreement No. M20005 be amended to provide quarterly distributions of such funding.
In consideration of the recitals set forth and the covenants contained herein, CITY and
AUTHORITY mutually agree as follows:
SECTION II, Article 1. is hereby replaced in its entirety with the following:
Allocation of Funding. Consistent with its Strategic Plan, to make available Measure M
funds to CITY for such Local Maintenance Projects (also referred to as Local Street
Rehabilitation or "LSR ") based on the formula set forth in Measure M. AUTHORITY shall
distribute such funds to CITY on a quarterly basis.
2. Except to the extent the Agreement is specifically amended or supplemented hereby,
Cooperative Agreement M20005 shall continue to be in full force and effect as originally
executed, and nothing contained herein shall be construed to modify, invalidate or otherwise
affect any other provision of the Agreement or any right of SCTA arising there under.
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3. CITY warrants the person affixing his or her signature hereto is authorized to
execute this agreement on behalf of CITY.
SCTA AND CITY HAVE CAREFULLY READ AND REVIEWED THIS
AMENDMENT AND EACH TERM AND PROVISION CONTAINED HEREIN AND, BY
EXEUTION OF THIS AMENDMENT, SHOW THEIR INFORMED AND VOLUNTARY
CONSENT THERETO.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment Number 1 to
Measure M Agreement No.M20005 as set forth below.
City of Rohnert Park
By:
Mayor
ATTEST:
By:
APPROVED AS TO LEGAL FORM
Sonoma County Transportation Authority
Chair
APPROVE AS TO FORM:
By: By:
City Attorney
Authority Counsel
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