HomeMy WebLinkAboutReso 219-03 BARTFundingAprvAgmtRESOLUTION NO. 219 - 03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENT WITH THE
SAN FRANCISCO BAY AREa RAeI ) TRANSIT DIsTRIcT {BART)
WEST DUBLIN/PLEASANTON BART STATION I~ROVEMENTS
WHEREAS, the Tri-Valley TransPortation Council (TVTC) prepared and approved a Strategic
Expenditure Plan (SEP) which guides the expenditure of revenue collected from Tri-Valley
Transportation Development Fees (TVTDF); and
WItEREAS, the SEP identifies priorities, Project sponsOrs, and funding for TVTDF projects; and
WHEREAS, the SEP identifies the West Dublin/Pleasanton BART Station Project (ProjeCt No. 4)
as a priority project and allocates $4 million in TVTDF funds for this project; and
WHEREAS, the City of Dublin is a signatory agency to the 1991 Joint Powers Agreement
governing the TVTC and has agreed to act as the Lead Agency for the purposes of administering the
appropriation of TVTDF funds to the West Dubli~leasanton BART Station Project on behalf of the San
Francisco Bay Area Rapid Transit District (BART); and
WHEREAS, BART is the agency responsible for the construction and management of the West
Dublin/Pleasanton BART Station Project; and
WHEREAS, the proposed agreement represents a mutual understanding regarding the trahsfer of
appropriated TVTDF funds from the City of Dublin to BART for the West Dublin/Pleasanton BART
Station Project; and
WHEREAS, during its quarterly meeting held on October 22, 2003, the TVTC approved the
appropriation of $4 million in TVTDF funds to the West Dublin/Pleasanton BART Station Project and
authorized the TVTC Treasurer to transmit the above $4 million to the City of Dublin, which will, in mm,
pass the funds through to BART in accordance with the proposed agreement; and
WHEREAS, the proposed agreement specifies BART's responsibility to spend the allocated funds
on the West Dublin/Pleasanton BART Station. project in accordance with the TVTC project description
and any TVTC requirements as set forth in documents governing the TVTC; and
WHEREAS, sufficient revenue
Dublin/Pleasanton BART Station Project;
in the TVTDF Trust Account is available for the West
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the agreement with the San Francisco Bay Area Rapid Transit District regarding funding
for the West DublinFPleasanton BART Station improvements.
BE IT FURTHER RESOLVED that the Mayor of the City of Dublin is hereby authorized to
execute said Agreement, which is attached hereto as "Exhibit A.'.'
PASSED, APPROVED AND ADOPTED this 4th day of November, 2003.
AYES:
NOES: None
ABSENT: Mayor Lockhart
ABSTAIN: None
Councilmembers Oravetz, Sbranti, Zika and Mayor Pro Tempore McCormick
(. Mayor Pro Tempore
K2/G/11-4-03/reso-BART$.doc (Item 8.1)
G: ~DEVELOP1 West Bart - LaSalle (Transit Village) treso__bart station funding_revised, doc
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AGREEMENT BETWEEN THE CITY OF DUBLIN
AND THE BAY AREA RAPID TRANSIT DISTRICT
REGARDING FUNDING FOR THE
WEST DUBLIN BART STATION IMPROVEMENTS
THIS AGREEMENT is entered into this 4th day of November, 2003, by and between the
City of Dublin, a municipal corporation ("DUblin") and the Bay Area Rapid Transit District
("BART").
RECITALS
A. The City of Dublin is a member of the Th-Valley Transportation Council (TVTC)
and, as a member, has sponsored the project to construct the West Dublin BART Station
("Project") for a TVTC allocation of $4 million of Th-Valley Transportation Development Fee
("TVTD Fee") revenues.
B. BART is and will be undertaking the actual project management and construction
of the Project.
C. The purpose of this Agreement is to set forth the requirements for Dublin to
transfer the TVTD Fee revenues in the amount of $4 million that Dublin anticipates receiving
from the TVTC to BART so that BART can construct the Project.
D. The TVTD Fee revenues are to be used by BART for the costs of preliminary
engineering, designing and constructing portions of the proposed West Dublin BART Station.
Under no circumstances shall this Agreement be interpreted to require any payment by Dublin to
BART other than from the TVTD Fee revenues for the Project actually received by Dublin.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises herein, the parties agree as
follows:
Section 1. Recitals
The foregoing Recitals are true and correct and are made a part hereof.
W. Dublin BART Station Funding Agreement
Draft Date: 10/23/2003
Page 1 of 3
Section 2. Dublin to Receive Fee
A TVTD Fee allocation in the amount of $4 million has been approved by the TVTC to
be paid to Dublin for Dublin's transfer to BART for the Project ("Allocation").
Section 3. Transfer of Fee Allocation
(a) After the Allocation is received by Dublin, Dublin will disburse to BART the
entire amount within thirty (30) days of receipt.
(b) Upon payment to BART of the Allocation, Dublin shall have no further
obligation to disburse any revenues to BART pursuant to this agreement.
Section 4. BART's Responsibility
BART shall have the responsibility to spend the Allocation on the West
Dublin/Pleasanton BART Station Project in accordance with the TVTC project description and
any TVTC requirements as set forth in documents governing the TVTC at the time of TVTD Fee
revenue allocation to the West Dublin/Pleasanton BART Station Project (the Joint Powers
Agreement dated March 1, 1991, the Strategic Expenditure Plan dated January 27, 1999, and the
2000 Update to the Th-Valley Transportation Plan/Action Plan adopted September 27, 2000).
Should a portion or all of the Allocation be required to be returned to the TVTC by Dublin due to
BART's failure to properly spend or account for the monies, BART will be solely responslble for
any such reimbursement.
BART shall provide an accounting to Dublin in a form specified by Dublin on a semi-
annual basis of its expenditures of the Allocation. Dublin shall have the right upon ten days'
written notice to inspect BART's records relating to its use of the Allocation. Following
BART's expenditure of the entire amount of the Allocation, BART shall provide Dublin with a
final accounting within 60 days.
Section 5. Indemnification
BART shall indemnify, defend and hold Dublin harmless from any claims, damages or
causes of action brought against Dublin that are alleged to arise, or do arise, out of Dublin's
disbursement of the Allocation to BART, this Agreement or BART's use or retention of the
Allocation, except for any claims, damages or causes of action that arise from Dublin's gross
negligence or willful misconduct.
Section 6. Effective Date
The Agreement shall become effective on the last date that either of the parties signs the
Agreement.
W Dublin BART Station Funding Agreement Page 2 of 3
10/6/2003
CITY OF DUBLIN AREA RAPID
C audia McCormick, Mayor Pro Tempore
Dated:
SAN FRANSISCO BAY
'TRANSIT DISTRICT
By:
Dated:
Approved as to form:
Elizabeth H. Silver, City Attorney
Approved as to form:
BART Attorney
Attest:
Kay K'edk,[~i~[: Cl~rk C.
G.'iDEVELOP1West Bart - LaSalle ?Transit VillageO~BART_dublin_tvtc agreement. DOC
W. Dublin BART Station Funding Agreement Page 3 of 3
10/6/2003