2018/02/13 City Council Resolution 2018-022RESOLUTION NO. 2018-022
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING COOPERATIVE FUNDING AGREEMENT WITH THE
SONOMA COUNTY TRANSPORTATION AUTHORITY TO FUND THE
HIGHWAY 101 BICYCLE AND PEDESTRIAN CROSSINGS FEASIBILITY STUDY
AND AMEND THE FY 2017-18 CAPITAL IMPROVEMENT PLAN BUDGET
WHEREAS, the 2004 Sonoma County Traffic Relief Act Expenditure Plan includes
funding for a Bicycle and Pedestrian Projects Program; and
WHEREAS, the City of Rohnert Park seeks funding from the Sonoma County
Transportation Authority (hereinafter "Autliority") for purposes of conducted a feasibility study
of bicycle and pedestrian crossings of Highway 101 (hereinafter "Project"); and
WHEREAS, the 2016-17 Measure M Stratcl;ic Plan (hereinafter "Strategic Plan")
programmed $250,000 in 2004 dollars r'or purposes of implementing the Project; and
WHEREAS, in order for the City to submit a Request of Appropriation of Funds, the
Authority and City must first execute a cooperative funding agreement.
WHEREAS, the Project is included in the City of Rohnert Park FY 2017-18 Capital
Improvement Plan (CIP) Budget; and
WHEREAS, the Project requires $20,000 in local funds contribution that is not currently
in the approved FY 2017-18 CIP Budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park as follows:
1. The City Manager is authorized and directed to execute the Cooperative Funding
Agreement (hereinafter `-(ooperative Agreement") with the Authority; and attached
hereto as Exhibit A and incorporated herein by reference, subject to final approval as to
form by the City Attorney and City Manager.
2. The City Manager is hereby authorized to submit to the Authority a Request for
Appropriation of Funds on an as needed basis provided in the Requests for Appropriation
of Funds do not exceed the funding set firth in the Cooperative Agreement; and
3. The City Manager is authorized and directed to execute such other documents as may be
required by the Authority, consistent with this resolution and the Cooperative Agreement,
to secure the funding described in the Cooperative Agreement for the Project.
4. The Finance Director is authorized and directed to budget adjustments and appropriations
necessary for the project, including the transfer and appropriation of $250,000 in Measure
M funds from Fund 135 to Fund 310 and transfer of $20,000 in budgeted Gas Tax funds
from the State Farm Drive Rehabilitation Phase 1 (Project No. 2016-08) to the Highway
101 Bicycle/Pedestrian Feasibility Study (Project No. 2017-20).
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert
Park this 13th day of February, 2018.
ATTEST:
A nA A L -•�
. oAnne M. Buergler, City Cler'
Attachment: Exhibit A
CITY OF ROHNERT PARK
PQ I - I . -
Pam Stafford, Mayor
AIIANOTU: BELVORTE: ale MAC KENZTE: N e C'ALLINAN: Ole STAFFORD,
AYES, ( � ) NOES: ( a ) ABSENT: ( Q ) ABSTAIN: ( p )
(2)
2018-022
Exhibit A
COOPERATIVE FUNDING AGREEMENT NO.
BETWEEN
THE SONOMA COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF ROHNERT PARK
This Agreement is made and entered into as of
2017 ("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."
RECITALS
1. AUTHORITY adopted that certain 2017 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 2017 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 developing transportation improvements in Sonoma
County (hereinafter referred to as "Bicycle and Pedestrian Projects Program").
3. In connection with the Bicycle and Pedestrian Projects Program, CITY desires to
complete a study to evaluate the need and feasibility of constructing a bicycle and
pedestrian crossing of Highway 101 within the City limits, as more particularly described
in Exhibit A to this Agreement (hereinafter referred to as the "Project").
4. CITY has submitted a financial plan and schedule for completion of the Project
which is attached hereto as Exhibit B (hereinafter referred to as the "Project Plan").
5. Pursuant to the Strategic Plan and Measure M, AUTHORITY is committed to
make available up to $250,000 in 2004 dollars to assist with the Project.
6. Pursuant to the Strategic Plan, CITY is committed to make available up to
$20,000 in local funds toward the Project.
NOW, THEREFORE, in consideration of the foregoing, AUTHORITY and CITY do
hereby agree as follows:
Cooperative Funding Agreement No.
City of .__ _ __
Page 1 of 14
Exhibit A
SECTION I
CITY AGREES:
1.City Contribution. To provide $20,000 in local funds towards the Project.
2. Pro'ect Com Ietion. To timely complete the Project in accordance with the
deadlines set forth in the Project Plan.
3. Invoices. Should CITY desire reimbursement of its expenses in connection with
this Agreement, CITY shall do so by requesting a specific appropriation of Measure M
funding by submitting to AUTHORITY a Request for Funding Appropriation in the form
attached hereto as Exhibit C (hereinafter referred to as "Appropriation Request"). Once
an Appropriation Request is approved by AUTHORITY, CITY may submit to AUTHORITY
invoices for reimbursements for expenses authorized under the terms of this Agreement
and an approved Appropriation Request. Invoices shall be submitted to AUTHORITY no
more frequently than monthly, and no less frequently than every six months following
initial appropriation, provided however that if CITY is unable to invoice in this time frame
a written request for time extension shall be provided or the funds may be deobligated.
Invoices shall be in a form reasonably acceptable to AUTHORITY's Executive Director.
4. Compliance with taws. With regard to administering and completing the
Project, 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.
5. Records. To allow AUTHORITY to audit all expenditures relating to the Project
funded through this Agreement. For the duration of the Project, and for five (5) years
following completion of the Project, or earlier discharge of the Agreement, CITY shall
make available to AUTHORITY all records relating to expenses incurred in performance of
this Agreement.
6. Reporting Requirements. To provide annual updates on the PROJECT to
AUTHORITY in the form attached hereto as Exhibit D.
SECTION II
AUTHORITY AGREES:
1. Reimb. Consistent with its Strategic Plan, to make
available Measure M funds (currently set at $250,000 in 2004 dollars) to assist with the
Cooperative Funding Agreement No.
City of _ ....
Page 2of14
Exhibit A
Project. AUTHORITY shall process CITY invoices within forty-five (45) days of receiving an
invoice in a form reasonably acceptable to AUTHORITY's Executive Director.
2. Notice of Audit. To provide timely notice to CITY if an audit is to be conducted.
SECTION III
IT IS MUTUALLY AGREED:
1. Funding Availability and Needs. The funding available to the Project for
expenditure is limited by the funds identified in Exhibit B and to approved appropriations
by the SCTA Board. If funds beyond those identified in Exhibit B are necessary to
complete the Project, AUTHORITY will cooperate with CITY to identify and secure new or
increased fund commitments; however, completion of the Project remains the
responsibility of CITY.
2. Term. This Agreement will remain in effect until discharged as provided in
Paragraph 3 or 13 of this Section III.
3. Dischar e. This Agreement shall be subject to discharge as follows:
a. This Agreement may be canceled by a party for breach of any obligation,
covenant or condition hereof by the other party, upon notice to the breaching party.
With respect to any breach which is reasonably capable of being cured, the breaching
party shall have thirty (30) days from the date of the notice to initiate steps to cure. If the
breaching party diligently pursues cure, such party shall be allowed a reasonable time to
cure, not to exceed sixty (60) days from the date of the initial notice, unless a further
extension is granted by the non -breaching party. On cancellation, the non -breaching
party retains the same rights as a party exercising its right to terminate under the
provisions of paragraph 3(b), except that the canceling party also retains any remedy for
breach of the whole contract or any unperformed balance. If the Agreement is cancelled
by AUTHORITY because CITY has failed to wholly or partially complete the Project,
AUTHORITY may, at its option, demand repayment of all unexpended funds and funds
determined by audit not to have been expended as provided for in this Agreement, with
interest accrued thereon as would have accrued had such funds been invested in the
Sonoma County Treasury Pool; and, further, to offset such balances due AUTHORITY from
any other Measure M funds due CITY.
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.
Cooperative Funding Agreement No.
City of
Page 3of14
Exhibit A
4. lnclr�jrinity. 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 CITY'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.
5. 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:
To AUTHORITY: Executive Director Sonoma County Transportation Authority
490 Mendocino Avenue, Suite 206
Santa Rosa, CA 95401
(707) 565-5373
suzsmith@sctainfo.org
6. Additional Acts and. Documents. Each party agrees to do all such things and
take all such actions, and to make, execute and deliver such other documents and
instruments, as shall be reasonably requested to carry out the provisions, intent and
purpose of the Agreement.
Cooperative Funding Agreement No.
City of —
Page 4 of 14
Exhibit A
7. Integration. This Agreement represents the entire agreement of the parties
with respect to the subject matter hereof. No representations, warranties, inducements
or oral agreements have been made by any of the parties except as expressly set forth
herein, or in other contemporaneous written agreements.
8. Amendment. This Agreement may not be changed, modified or rescinded
except in writing, signed by all parties hereto, and any attempt at oral modification of this
Agreement shall be void and of no effect.
9. Independent Agency. CITY renders its services under this Agreement as an
independent agency. None of the CITY's agents or employees shall be agents or
employees of the AUTHORITY.
10. Assignment. The Agreement may not be assigned, transferred, hypothecated,
or pledged by any party without the express written consent of the other party.
11. Successors. This Agreement shall be binding upon the successor(s), assignee(s)
or transferee(s) of the AUTHORITY or CITY as the case may be. This provision shall not be
construed as an authorization to assign, transfer, hypothecate or pledge this Agreement
other than as provided above.
12. Severability. Should any part of this Agreement be determined to be
unenforceable, invalid, or beyond the AUTHORITY of either party to enter into or carry
out, such determination shall not affect the validity of the remainder of this Agreement
which shall continue in full force and effect; provided that, the remainder of this
Agreement can, absent the excised portion, be reasonably interpreted to give effect to
the intentions of the parties.
13. Limitation. All obligations of AUTHORITY under the terms of this Agreement
are expressly subject to AUTHORITY's continued authorization to collect and expend the
sales tax proceeds provided by Measure M. If for any reason AUTHORITY's right to
collect or expend such sales tax proceeds is terminated or suspended in whole or part,
AUTHORITY shall promptly notify CITY, and the parties shall consult on a course of action.
If, after twenty-five (25) working days, a course of action is not agreed upon by the
parties, this Agreement shall be deemed terminated by mutual or joint consent; provided,
that any future obligation to fund from the date of the notice shall be expressly limited by
and subject to (i) the lawful ability of AUTHORITY to expend sales tax proceeds for the
purposes of the Agreement; and (ii) the availability, taking into consideration all the
obligations of AUTHORITY under all outstanding contracts, agreements to other
obligations of AUTHORITY, of funds for such purposes.
Cooperative Funding Agreement No.
City of .
Page 5 of 14
Exhibit lei
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
Effective Date.
CITY OF
By: -
Mayor
ATTEST:
By: --
APPROVED AS TO LEGAL FORM
FOR CITY:
By:
City Attorney
SONOMA COUNTY
TRANSPORTATION AUTHORITY
By:
APPROVED AS TO SUBSTANCE:
By:
By:
SCTA Chair
Executive Director
Legal Counsel
Authority
Cooperative Funding Agreement No.
City of -
Page 6 of 14
Exhibit A
COOPERATIVE FUNDING AGREEMENT NO.
BETWEEN
THE SONOMA COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF ROHNERT PARK
EXHIBIT A
DESCRIPTION OF THE PROTECT
The Rohnert Park Highway 101 Bicycle/Pedestrian Crossing Feasibility Study project will
study existing and potential bicycle and pedestrian crossings of Highway 101 within the
Rohnert Park City Limits and immediately north and south as appropriate for crossings that
would benefit Rohnert Park residents, businesses and other stakeholders. The feasibility
study may include, but is not limited to:
• Documentation of existing plans and policies that support the development of
bicycle/pedestrian crossings of Highway 101;
• Survey of existing and potential locations and alignments for bicycle/pedestrian
crossings;
• Examination of available and projected travel demand data; identification of types of
walking, biking and other non -car trips across and through Rohnert Park; and
assessment of a wide range of safety factors from collision history to personal
security and public health;
Consideration of the potential environmental, engineering, operational and
permitting issues associated with each alignment;
• Planning level project costs of alignment alternatives; and
• Outline of next steps and considerations for the permitting, environmental clearance,
design, and funding of the preferred crossing alignment(s).
Exhibit A
Cooperative Funding Agreement No.
City of
Pape 7 of 14
Exhibit A
COOPERATIVE FUNDING AGREEMENT NO.
BETWEEN
THE SONOMA COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF ROHNERT PARK
EXHIBIT B
FINANCIAL PLAN AND SCHEDULE 2004 Dollars
Expected funding
amount needed
Project Activity Funding Source FY 2017-18 FY 2018-19
Conduct feasibility study Measure M $250,000* $0
City staff costs to support Gas Tax (City $5,000 $15,000
feasibility study contribution) ..
* Contract encumbrance in FY 2017-18, with feasibility study to be conducted through FY 2017-
18 and FY 2018-19. Project to be completed and Measure M funds invoiced by June 2019.
Exhibit B
Cooperative Funding Agreement No.
City of
Page 8 of 14
Exhibit A
Exhibit C
COOPERATIVE FUNDING AGREEMENT NO.
BETWEEN
THE SONOMA COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF ROHNERT PARK
EXHIBIT C
REQUEST FOR FUNDING APPROPRIATION
Cooperative Funding Agreement No.
City of
Page 9of14
Exhibit A
Exhibit C
Cooperative Funding Agreement No.
City of
Page 10 of 14
Exhibit A
Oa
City council
Pam Stafford
Mayor
JosvhT Callinan
Vk"44)w°
Amy 0. Ahanolu
Gina Belforte
Jake Me✓keruie
Councilrw*ars
Darin Jenkins
Gh+4'
Don Schuariz
Assisfenl CityMatajipr
Michelle Marchella Kenyon
CnyAttvrney
Karen Murphy
Assistant QVAdorney
JoAnne Buerjer
aty clerk
Betsy HoWze
Finance f*ezmr
Brian Masterson
Dist -ofPLhkSalary
John McArthur
Direclorof.Fikk Worband
carrrnmdyserwas
Mary Grdal Nwson
fAiNf of
DevelopnanrserHces
Ucloria Perrault
Manan Resovices Dmao•
Exhibit C
[Date]
SCTA Chair
Sonoma County Transportation Authority
490 Mendocino Avenue, Suite 206
Santa Rosa, CA 95401
FUNDING.APPROPRIA'IION REQUEST
Rohnert Park I lighway 101 Bicycle/Pedestrian Crossing Feasibility study
AGREEMENT NO.
DearSCTA Chair:
The City of Rohnerl Park nereby requests I,hal Ilie Sonornna County.Transportalion
Authorfty (SCTA) lake action to apwopriate funds at its next Board rtaeeting fca the
Rohnert Park Highway 101 Bicycle(Pedesixian Crossing Feasibillty Study.
The City has entered Into acoo;aerativL funding agrcementwith the SCTA (Cooperative
Agreement No. Inumber of agreement and is ready to begin work on the study. Below is
the specific appropriation request information.
Project Name & Description:
Rohnert Park Highway 101
Bicycle/Pedestrian Crossing Feasibility
Stud
Pro' ectCatego
Bi cle/Pedestrian Project Program
Phase Development Phase of this
Appropriation:
Feasibility Study
Amount of MeasureMAppropriate
R ur'at:
$250,000
Amount of Local Funding Match:
520.000
Sources of local Fundin Match:
Gas Tax proceeds
Tauri Pro ect Cast'
$270,0001
The current schedule for the Rohnert Park. Highway 101 Bicycle/Pedestrian Crossing
Feasibility. Study is as follows:
Praiect Development Phase
Be in
CamPJete
t7evelop and:issue request for pronosais
2/2018
4/7.01R
Award consultant contract
512018
5/ 018
Conduc[ Feasibility stud
6/2018
5/2019
Final invoicirlgfor Measure M funds
5/20119
6/2019
Thank you for your consideration.
Sincerely,
NAME
Title
# pc,lj" Park C.A + `AT 4f ► (7G7j 58R 1 Fac (707) 794-9248
wvlw.1xity-9
Cooperative Funding Agreement No.
City of
Page 11 of 14
Exhibit A
Exhibit E
COOPERATIVE FUNDING AGREEMENT NO.
BETWEEN
THE SONOMA COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF ROHNERT PARK
EXHIBIT D
PROJECT REPORTING LETTER
Cooperative Funding Agreement No.
City of
Page 12 of 14
Exhibit A
City Council
Pam Stafford
Mayor
Joseph T. Callinan
Vice Mayor
Amy 0. Ahanolu
Gina Belforte
Jake Mackenzie
Councilmembers
Darrin Jenkins
City Manager
Don Schwartz
Assistant Gly Manager
Michelle Marchetta Kenyon
City Attorney
Karen Murphy
Assistant City Attorney
JoAnne Buergler
City clerk
Betsy Howze
Finance Director
Brian Masterson
Director of Public Safely
John McArthur
Director ofPublic Works and
Community Services
Mary Grace Pawson
Diredorof
Development Services
Victoria Perrault
Human Resources Director
Exhibit E
[Date]
SCTA Chair
Sonoma County Transportation Authority
490 Mendocino Avenue, Suite 206
Santa Rosa, CA 95401
Rohnert Park Highway 101 Bicycle/Pedestrian Crossing Feasibility Study
Measure M Annual Reporting Letter — FY
Dear SCTA Chair:
The City of Rohnert Park is pleased to present Information related to Measure M
funding for the following project for FY Reported:
Work was performed on the following project using Measure M funds including:
J. Describe work completed this fiscal year.
K How were bike/pedestrian needs considered?
iProicct Name:
A.
Project Phase/Development Phase:
Environmental
B.
Ainount Appropriated in Previous Fiscal Years
C.
Total Amount ofUnex ended Appropriations from Prior FY
$
D
Amount Appropriated in FY
$
I'
Reinrbursemeats Received in FY
$
F
Amount of Matching Funds Provided
$
G.
Total Measure M Reimbursements Received in Prior Years
$ `
H.
Total Measure M Funding Reimbursed to Date
$
I,
'total Appropriation Remaining Halance to Rollover to hY
$ `
J. Describe work completed this fiscal year.
K How were bike/pedestrian needs considered?
M. Describe where you displayed the Measure M logo, such as on signs at
the construction site or on vehicles? Please enclose pictures.
N. Provide digital pictures of projects before, during and after construction.
0. Did you identify Measure M on your web site? Please provide link.
P Identify project benefits and discuss how Measure M fonds assisted in
project delivery.
130 Avram Avenue + Rohned Park CA + 94928 + (707)588-2226 # Fax(707)794-9248
www,rpcity.org
Cooperative Funding Agreement No.
City of
Page 13 of 14
Overall Status of Project by Phase °h, Cont rletc Est. Completion Date
Scoping
Environmental
Design
Right of Way_
Construction & Construction Management _
M. Describe where you displayed the Measure M logo, such as on signs at
the construction site or on vehicles? Please enclose pictures.
N. Provide digital pictures of projects before, during and after construction.
0. Did you identify Measure M on your web site? Please provide link.
P Identify project benefits and discuss how Measure M fonds assisted in
project delivery.
130 Avram Avenue + Rohned Park CA + 94928 + (707)588-2226 # Fax(707)794-9248
www,rpcity.org
Cooperative Funding Agreement No.
City of
Page 13 of 14
Exhibit A
Exhibit E
Page 2 of 2
Measure M Reporting Letter - Sonarna County Transportation Authority
[Date]
To meet our reporting requirements we are submitting an original signed copy
on our letterhead. In addition we have also emailed an electronic copy to the
SCTA.
We have also attached prints of photographs and/or have provided the same
photos in jpeg file format.
If you have any questions regarding this project Information please contact:
Name: Eydie Tacata, Management Analyst
Phone: (707) 588-2205
Email: etacata@rpcity.org
Sincerely,
[Name]
[Title (City Manager ar Public Works Director)]
Cooperative Funding Agreement No.
City of
Page 14 of 14