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2005/10/25 City Council Resolution (8)RESOLUTION NO. 2005-318 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING AN AGREEMENT WITH THE SONOMA COUNTY TRANSPORTATION AUTHORITY FOR MEASURE M COOPERATIVE FUNDING AGREEMENT NO. M20005 BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve an agreement by and between the Sonoma County Transportation Authority and'the City of Rohnert Park, a municipal corporation, for Measure M Cooperative Funding Agreement No. M20005. BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to execute this agreement in substantially similar form to the attached agreement for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this date of October 25, 2005. CITY OF ROHNERT PARK Mayor /_V-0 -NO.` 1�1' BREEZE: AYE FLORES: AYE SMITH: AYE VIDAK MARTINEZ. AYE MACKENZIE: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) COOPERATIVE FUNDING AGREEMENT NO. M20005 BETWEEN THE SONOMA COUNTY TRANSPORTATION AUTHORITY AND CITY OF ROHNERT PARK This Agreement is made and entered into as of , 20 ( "Effective Date ") by and between the City of Rohnert Park, hereinafter referred to as "CITY" and the SONOMA COUNTY TRANSPORTATION AUTHORITY, hereinafter referred to as "AUTHORITY." RENTALS 1. AUTHORITY adopted that certain 2005 Strategic Plan that sets forth AUTHORITY's program and project implementation policies with regard to the use of funds provided under the 2004 Traffic Relief Act for Sonoma County Expenditure Plan and Ordinance approved by the voters of Sonoma County on November 2, 2004 (hereinafter referred to as "Measure M"). The 2005 Strategic Plan as such plan may be amended from time to time is hereinafter referred to as the "Strategic Plan". 2. Pursuant to the Strategic Plan and Measure M, AUTHORITY and CITY desire to enter into a Cooperative Funding Agreement to define a framework to enable the two parties to work cooperatively in allocating funding for local road maintenance and related eligible work as described in the Strategic Plan (hereinafter "Local Maintenance Projects "). 3. Pursuant to the Strategic Plan and Measure M, AUTHORITY is committed to make available annual payments to CITY for such Local Maintenance Projects based on the formula set forth in Measure M. NOW, THEREFORE, in consideration of the foregoing, AUTHORITY and CITY do hereby agree as follows: SECTION I CITY AGREES: 1. Compliance with Laws. With regard to the Local Maintenance Projects, CITY shall at all times comply with all applicable laws of the United States, the State of California, the County, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. Cooperative Funding Agreement No. M20005 City of Rohnert Park Page 1 of 6 b. By mutual consent of both parties, this Agreement may be terminated at any time. Upon termination by mutual consent, CITY shall repay to AUTHORITY any unexpended funds originally provided to CITY under this Agreement, and any interest that has accrued thereon. 3. Indemnity. CITY agrees to accept all responsibility for loss or damage to any person or entity, including but not limited to AUTHORITY, and to defend, indemnify, hold harmless, reimburse and release AUTHORITY, its officers, agents, employees, successors and assigns from and against any and all actions, claims, damages, disabilities, liabilities and expense including, but not limited to attorneys' fees and the cost of litigation incurred in the defense of claims as to which this indemnity applies or incurred in an action by AUTHORITY to enforce the indemnity provisions herein, whether arising from personal injury, property damage or economic loss of any type, that may be asserted by any person or entity, including CITY, arising out of or in connection with the receipt or use of funds provided pursuant to this Agreement, whether or not there is concurrent negligence on the part of AUTHORITY, but, to the extent required by law, excluding liability due to the sole or active negligence or due to the willful misconduct of AUTHORITY. If there is a possible obligation to indemnify, CITY's duty to defend exists regardless of whether it is ultimately determined that there is not a duty to indemnify. AUTHORITY shall have the right to select its own legal counsel at the expense of CITY, subject to CIT'Y's approval, which approval shall not be unreasonably withheld. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for CITY or its agents under workers' compensation acts, disability benefits acts, or other employee benefit acts. 4. Notices. Any notice which may be required under this Agreement shall be in writing, shall be effective when received, and shall be given by personal service, or by certified or registered mail, return receipt requested, to the addresses set forth below, or to such addresses which may be specified in writing to the parties hereto. To CITY: City Engineer City of Rohnert Park 6750 Commerce Blvd. Rohnert Park, CA 94928 707 -588 -2227 To AUTHORITY: Suzanne Wilford Executive Director Sonoma County Transportation Authority 520 Mendocino Avenue, Suite 240 Santa Rosa, CA 95401 707- 565 -5373 swilforasonoma- county. org, Cooperative Funding Agreement No. M20005 City of Rohnert Park Page 3 of 6 CITY OF ROHNERT PARK By: Jake Mackenzie, Mayor Per Resolution No. 2005- adopted by the City Council on ATTEST: By: City Clerk APPROVED AS TO LEGAL FORM FOR CITY: By: City Attorney SONOMA COUNTY TRANSPORTATION AUTHORITY By: Paul Kelley, Chairman APPROVED AS TO SUBSTANCE: By: Suzanne Wilford, Executive Director By: Authority Counsel Cooperative Funding Agreement No. M20005 City of Rohnert Park Page 5 of 6 COOPERATIVE FUNDING AGREEMENT NO. M20005 Between the SONOMA COUNTY TRANSPORTATION AUTHORITY And CITY OF ROHNERT PARK EXHIBIT A FORM OF REPORTING LETTER Cooperative Funding Agreement No. NUO005 City of Rohnert Park Page 6 of 6 Dear SCTA Chairman: The City of /County of - -- - - -- is pleased to present information related to Measure M funding for the following projects for FY - - -: ■ Local Road Maintenance Allocation expenses in this fiscal year included the following: Measure M Financial Information A Current FY Allocation $ B Unspent Prior Allocations $ C Interest earned on Unspent Prior Allocations $ D Total Funding Available in Current FY A +B +C E Total Funding Spent in Current FY L F Total Measure M Rollover to Next FY D -E Estimate the amount of Measure M funding sent on each typ a of work: G Overlay Program $ H Maintenance Program $ 1 ITS $ J Traffic Calming $ K Other $ L Total Funding Spent,in Current FY G +H +I +J +K Description of Measure M Expenditures on Local Road Maintenance M Describe work done with Local Road Maintenance Funding on such work as overlays, general maintenance, pothole repair, ITS, and traffic calming. Describe how bicycle /pedestrian needs were considered. Re ort on public information requirements N Did you display the Measure M logo on signs at the construction site or on vehicles? Please enclose picture. O Did you provide digital pictures of projects before, during and after construction? P Did you identify Measure M on your web site? Please provide link. Q Did you include the SCTA and Measure M in any press releases, ground breakings or ribbon cuttings? R Identify project benefits and discuss how the funds from this program category assist in congestion relief.