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Home My WebLink About4.06 AB434 FndTransfrAgmts e e CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: September 27, 1993 SUBJECT: AB 434 Fund Transfer Agreements Report by: Public Works Director Lee Thompson 1) //Resolution 2) 1992-93 Transfer Agreement 3) ~993-94 Transfer Agreement EXHIBITS ATTACHED: RECOMMENDA TION ~ Adopt resolution approving agreements and authorize the City ~~Manager to sign the agreements on behalf of the City. FINANCIAL STATEMENT: 1) For the 1992-93 Fiscal Year, $10,000 has been programmed to reimburse Dublin for its work on the Traffic Reduction Ordinance (TRO) implementation. 2) For the 1993-94 Fiscal Year, $15,951 has been programmed for the same work program 3) These funds may be spent over the year programmed, plus the following year. DESCRIPTION: Beginning in 1992-93, under Assembly Bill 434, the State of California set aside monies from the surcharge on vehicle licenses to fund local programs which are designed to reduce air pollution. Forty percent of the money is a guaranteed amount assigned to the local communities, and sixty percent is assigned on an area-wide basis (Bay Area) to be competed for on a project-by-project basis. The competitive projects are typically the mass transit or air pollution reduction type of projects which Dublin has little chance of receiving. Implementing the TRO was a requirement of Proposition 111, and. Dublin has chosen to use the AB434-guaranteed money to fund the implementation for the first two years of th~ TRO program. Approval of the agreements will allow the transfer of the 1992-93 monies to Dublin ($10,000), and thereafter, transfers will be made on a quarterly basis as expenditures are incurred over and above the initial $10,000 advance. Staff recommends that the City Council adopt the resolution approving the fund transfer agreements for the 1992-93 and 1993-94 Fiscal Years and authorize the City Manager to execute the agreements. a:(9394) lseptemberlagst434 --------------![:l,---- ----------------------------------------------------------------------------- -------- ------ CITY CLERK ITEM NO. COPIES TO: ~/ 0 FILE ~ e e RESOLUTION NO. -93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AB 434 FUND TRANSFER AGREEMENTS WITH ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY (CMA) FOR FISCAL YEAR 1992-93 AND 1993-94 WHEREAS, the State of California, under Assembly Bil1434, set aside funds from the surcharge on vehicle licenses to be used for local programs to reduce air pollution; and WHEREAS, the City of Dublin is eligible to receive funds in an amount not to exceed $10,000 for Fiscal Year 1992-93 and $15,951 for Fiscal Year 1993-94; and WHEREAS, said funds shall be used for implementation of Dublin's Trip Reduction Ordinance; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the AB 434 fund transfer agreements with the Alameda County Congestion Management Agency for Fiscal Years 1992-93 and 1993-94. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreements. PASSED, APPROVED, AND ADOYfED this 27th day of September, 1993. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk a: (9394) lseptemberlreso434 r~i::~_.o/ ~ .~{~ ~,~J,:'~~~'~ l2 ~€ScLUT\cN I '1I7~...o:--~'~.- --'--~-' e e < -- -:-1.-"--;-' ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY AB 434 FUND TRANSFER AGREEMENT This agreement is made on Congestion Management Agency, "Sponsor" ) . , between the Alameda County (hereinafter CMA) and the City of Dublin (hereinafter section 1. PURPOSE OF AGREEMENT The purpose of this Agreement is to specify the terms and conditions for the advancement of funds made available from the AB 434 Vehicle Registration Fee program for fiscal year 1992/93. As program manager in Alameda county, the CMA will annually program 40% of the AB 434 funds collected in Alameda County. The CMA will receive advancement of these funds from the Bay Area Air Quality Management District (BAAQMD), which funds will then be advanced to project sponsors, pursuant to this Agreement. Section 2. DESCRIPTION OF PROJECT The CMA has programmed $10,000 of the funds available in the 1992/93 Alameda County allocation of AB 434 funds to the Sponsor to be used for implementation of the trip reduction ordinance. Section 3. ADVANCEMENT OF FUNDS Funds for the 1992/93 program have been advanced to the CMA from the BAAQMD. Fiscal year 1992/93 funds will be advanced by the CMA to sponsor within 10 days of receiving the attached "Request For Advancement of Funds". Sponsor must provide documentation that all previous advancements of funds have been expended prior to any additional advancements. Sponsor shall receive a total of $10,000 for fiscal year 1992/93. section 4. DOCUMENTATION OF EXPENDITURES sponsor will submit a report to the CMA within two (2) months of the end of each fiscal year which itemizes the expenditure of the funds. Sponsor will, for the duration of this project and for three (3) years following completion of the training, make available to. BAAQMD or to an independent auditor, all records relating to expenses incurred in implementing this training. section 5. INDEMNIFICATION Sponsor agrees to indemnify and hold harmless the CMA, their officers and employees, for any and all liability caused by the negligence or wrongful act of Sponsor arising out of the performance of this Agreement, and to pay all claims, damages, judgments, legal costs and attorney's fees related thereto. It is also understood and agreed that, pursuant to Government Code section 895.4, Sponsor shall fully indemnify and hold the CMA harml~ss from any liability imposed for injury as defined by Government Code Section 810.8'nccurring by reason of anything done or omitted t~ .,.......--~.~~.. 1<1't?, ~Gt'3 ,t:\6@.t:.e~T e e be done by Sponsor under this Agreement or in connection with any work, authority, or jurisdiction delegated to Sponsor under this Agreement. CMA agrees to indemnify and hold harmless the Sponsor, its officers and employees, for any and all liability caused by the negligence or wrongful act of CMA arising out of the performance of this Agreement, and to pay all claims, damages, judgments, legal costs and attorney's fees related thereto. It is also understood and agreed that, pursuant to Government 'Code Section 895.4, CMA shall fully indemnify and hold the Sponsor harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by CMA under this Agreement or in connection with any wQrk, authority, or jurisdiction delegated to CMA under this Agreement. section 6. Amendments to herein, shall AMENDMENTS this Agreement, including modifications to the project be made in writing, and signed by both parties. described CMA Sponsor, city of Dublin By: Richard C. Ambrose city Manager, city of Dublin By: Dennis R. Fay, Executive Director ATIEST: Kay Keck, City Clerk APPROVED AS TO FORM By: Kelvin H. Booty, Jr. County and CMA counsel e e Attachment 1 ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY AB 434 PROGRAM REQUEST FOR ADVANCEMENT OF FUNDS Project Sponsor: project Title: Total Project Cost: AB 434 Funds Approved: Advancement of funds requested: Have all previous advancements been spent: YES NO Please reference or attach documentation for all expenditures. Acceptable documentation includes time sheets, purchase orders, invoices, etc. If all previous advancements have not been spent, what is the schedule for obligating these funds?: Briefly outline how this advancement of funds will be spent: To the best of my knowledge, the above information is true and correct and I am authorized to request this advancement of funds. Name & Title: Signature: Date: e e " -..'.' '-.;/'~ ~. . - ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY AB 434 FUND TRANSFER AGREEMENT This agreement is made on Congestion Management Agency, "Sponsor" ) . , between the Alameda County (hereinafter CMA) and the City of Dublin (hereinafter ...... section 1. PURPOSE OF AGREEMENT The purpose of this Agreement is to specify the terms and conditions for the advancement of funds made available from the AB 434 Vehicle Registration Fee program for fiscal year 1993/94. As program manager in Alameda County, the CMA will annually program 40% of the AB 434 funds collected in Alameda county. The CMA will receive quarterly advancements of these funds from the Bay Area Air Quality Management District (BAAQMD), which funds will then be advanced to project sponsors, pursuant to this Agreement. Section 2. DESCRIPTION OF PROJECT The CMA has programmed $15,951 of the funds available in the 1993/94 Alameda County allocation of AB 434 funds to the Sponsor to be used for implementation of the trip reduction ordinance. Section 3. ADVANCEMENT OF FUNDS Funds for the 1993/94 program have been advanced to the CMA from the .BAAQMD in four quarterly installments. A funding agreement between the CMA and the BAAQMD for the fiscal year 1993/94 program is expected to be finalized in August 1993. Advancements from the BAAQMD are anticipated within ten (10) working days of September 15, 1993, October 15, 1993, January 15, 1994, and April 15, 1994. Available funds will be advanced by the CMA to sponsor within 10 days of receiving the attached "Request For Advancement of Funds" based on the percentage Sponsor's. project bears to the overall program total. Sponsor must complete a request for funds and provide documentation that all previous advancements of funds have been expended prior to any additional advancements. Sponsor shall receive a total of $15,951 for fiscal year 1993/94. Section 4. DOCUMENTATION OF EXPENDITURES Sponsor will submit a report to the CMA within two (2) months of the end of each fiscal year which itemizes the expenditure of the funds. Sponsor will, for the duration of this project and for three (3) years following completion of the training, make available to BAAQMD or to an ind;Pendent auditor, all records relating to expenses incurred in implementing this training. Section 5. INDEMNIFICATION Sponsor agrees to indemnify and hold harmless the CMA, their officers and empl0yees, for any and all liability caused'by the negligence or wrongful act of,Sponsor EXli g~',:,~ J ,;.:; '.~ :121 ... ";; r;l . :iiiiJ un" .. . . ~ O.-=:=A":'=.... 'rr-'~ Ir~ -::l. I'J II e e arising out of the performance of this Agreement, and to pay all claims, damages, judgments, legal costs and attorney's fees related thereto. It is also understood and agreed that, pursuant to Government Code Section 895.4, Sponsor shall fully indemnify and hold the CMAharmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by Sponsor under this Agreement or in connection with any work, authority, or jurisdiction delegated to Sponsor under this Agreement~ CMA agrees to indemnify and hold harmless the Sponsor, its officers and employees, for any and all liability caused by the negligence or wrongful act of CMA arising out of the performance of this Agreement, and to..pay all claims, damages, judgments, legal costs and attorney's fees related thereto. It is also understood and agreed that, pursuant to Government Code Section 895.4, CMA shall fully indemnify and hold the Sponsor harmless from any liability imposed for injury as defined by Government Code section 810.8 occurring by reason of anything done or omitted to be done by CMA under this Agreement or in connection with any work, authority, or jurisdiction delegated to CMA under this Agreement. section 6. Amendments to herein, shall AMENDMENTS this Agreement, including modifications to the project be made in writing, and signed by both parties. described CMA Sponsor, city of Dublin By: Dennis R. Fay, Executive Director By: Richard C. Ambrose City Manager, city of Dublin ATTEST: Kay Keck, City Clerk APPROVED AS TO FORM By: Kelvin H. Booty, Jr. County and CMA Counsel e e Attachment 1 ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY AB 434 PROGRAM REQUEST FOR ADVANCEMENT OF FUNDS project sponsor: project Title: Total project cost: AB 434 Funds Approved: Advancement of funds requested: Have all previous advancements been spent: YES NO Please reference or attach documentation for all expenditures. Acceptable documentation includes time sheets, purchase orders, invoices, etc. If all previous advancements have not been spent, what is the schedule for obligating these funds?: Briefly outline how this advancement of funds will be spent: To the best of my knowledge, the above information is true and correct and I am authorized to request this advancement of funds. Name & Title: Signature: Date: