HomeMy WebLinkAboutReso 113-17 Approving a Memorandum of Understanding Between the City of Dublin and Livermore Amador Valley Transit Authority for the Implementation of Express Rapid Bus Transit Phase 2 Project RESOLUTION NO. 113 — 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DUBLIN
AND THE LIVERMORE AMADOR VALLEY TRANSIT AUTHORITY FOR THE
IMPLEMENTATION OF EXPRESS BUS/RAPID BUS TRANSIT PHASE 2 PROJECT
WHEREAS, in 1995, the Tri-Valley Transportation Council (TVTC) adopted the "Tri-Valley
Transportation Plan/Action Plan (TVTP/AP) for Routes of Regional Significance; and
WHEREAS, in 1998, through a Joint Exercise Powers Agreement (JEPA), the TVTC approved
the Tri-Valley Transportation Development Fee (TVTDF) program; and
WHEREAS, in 1999, the TVTC prepared and approved a Strategic Expenditure Plan (SEP),
which guides the expenditure of revenue collected from the TVTDF; and
WHEREAS, the SEP identifies priorities, project sponsors, and funding for TVTDF projects;
and
WHEREAS, The TVTC updated the SEP in 2004, 2011, and 2017; and
WHEREAS, The SEP included the Express Bus/Bus Rapid Transit - Phase 2 (PROJECT); and
WHEREAS, the 2017 update of the SEP programmed $140,000 in fiscal year 16/17 and
$1,000,000 in fiscal year 17/18 for a total of$1,140,000 from the TVTDF to the PROJECT; and
WHEREAS, the City of Dublin a signatory agency to the 1991 Joint Powers Agreement
governing the TVTC, and is the sponsor Agency for the purposes of administering the appropriation
of TVTDF funds to the PROJECT; and
WHEREAS, the Livermore Amador Valley Transit Authority (LAVTA) is the Lead Agency for
the implementation of the PROJECT; and
WHEREAS, the City of Dublin and LAVTA agree to enter into a Memorandum Of
Understanding (MOU) to Pass-Through the TVTDF funds in the amount of $1,140,000 from the City
of Dublin to LAVTA for the implementation of the PROJECT.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby
approves Memorandum of Understanding with the Livermore Amador Valley Transit Authority for the
Implementation of Express Bus/Rapid Bus Transit Phase 2 Project.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby authorizes the
City Manager, or his/her designee to execute in the name of the City of Dublin the attached MOU
(Exhibit A) and any associated documents.
PASSED, APPROVED AND ADOPTED this 5th day of September, 2017, by the following vote:
AYES: Councilmembers Biddle, Goel, Gupta, and Hernandez
Reso No. 113-17, Adopted 9/5/2017, Item No. 4.2 Page 1 of 2
NOES:
ABSENT: Mayor Haubert
ABSTAIN: Pte/(A
Mayor Pro Tempore
ATTEST:
� P
City Clerk
Reso No. 113-17, Adopted 9/5/2017, Item No. 4.2 Page 2 of 2
EXHIBIT A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DUBLIN
AND THE LIVERMORE AMADOR VALLEY TRANSIT AUTHORITY FOR THE
IMPLEMENTATION OF EXPRESS BUS/RAPID BUS TRANSIT PHASE 2 PROJECT
This Memorandum of Understanding (MOU) is entered into as of September
2017 between the City of Dublin, a municipal corporation (DUBLIN) and the Livermore
Amador Valley Transit Authority, a joint powers authority (LAVTA).
RECITALS
A. WHEREAS, DUBLIN, as one of the members of the Tri-Valley Transportation
Council ("TVTC") is a signatory to the Joint Exercise of Powers Agreement
pertaining to the Tri-Valley Transportation Development Fee (TVTDF) for Traffic
Mitigation; and
B. WHEREAS, DUBLIN has cooperatively participated in the development and
adoption of the TVTC Strategic Expenditure Plan (SEP) and the TVTDF Funding
Plan, which provide guidance for expenditure of the TVTDF on 22 projects (List A
and List B); and
C. WHEREAS, the Express Bus/BRT Phase 2 Project ("PROJECT") is one of the "List
A" projects in the SEP (Project A-11); and
D. WHEREAS, DUBLIN serves as the TVTC Project Sponsor of the PROJECT
identified in the TVTC SEP 2017 Update; and
E. WHEREAS, LAVTA is the lead agency responsible for management and
implementation of the PROJECT; and
F. WHEREAS, the PROJECT is listed in the TVTC SEP 2017 update with $1.14 million
from TVTDF in fiscal years 2016/17 and 2017/18; and
G. WHEREAS, using TVTDF funds, LAVTA wishes to fund part of the PROJECT
construction in accordance with the terms and conditions set forth herein; and
H. WHEREAS, as a member of the TVTC, DUBLIN intends to ensure that funds set
aside for PROJECT in the TVTDF Funding Plan are appropriated as expeditiously
as feasible for the PROJECT;
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EXHIBIT A
I. NOW, THEREFORE, in consideration of the promises herein, the parties agree as
follows:
SECTION I
DUBLIN AGREEES:
A. To initiate a request from the TVTC for the disbursement of TVTDF funds in the
amount of$1.14 million in accordance with the TVTDF funding plan.
B. To, upon receipt of the funds from the TVTC, pass the funds through to LAVTA,
the party responsible for the management and construction of the PROJECT.
SECTION II
LAVTA AGREES:
A. To receive TVTC pass-through funds from DUBLIN in the amount of $1.14
million.
B. To oversee the construction of the PROJECT, in accordance with LAVTA policy.
SECTION III
IT IS MUTUALLY AGREED:
A. This MOU constitutes the entire agreement between the parties regarding the
subject matter hereof and any oral discussions or written or oral agreements with
respect thereto preceding the effective date of this MOU are superseded hereby.
No amendment, alteration, or variation of the terms of the MOU shall be valid
unless made in writing and signed by the parties hereto, and no oral
understanding or agreement not incorporated herein shall be binding on any of
the parties hereto.
B. DUBLIN and LAVTA each render their services under this MOU as independent
agencies. None of the agents or employees of either shall be deemed agents or
employees of the other.
C. Any notice given under this MOU shall be in writing and shall be deemed given if
delivered personally or mailed by registered or certified mail or commercial
overnight courier, return receipt or confirmation of delivery requested, of by
facsimile transmission with voice confirmation of receipt, the parties at the
following addresses (or at such other address for a party as shall be specified by
like notice):
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EXHIBIT A
If to DUBLIN:
Obaid Khan, P.E.
Public Works
100 Civic Plaza, Dublin ca 94568
Obaid.khan cni dublin.ca.gov
Fax:925-829-9248
If to LAVTA:
Christy Wegener
1362 Rutan Court, Suite 100
Livermore, CA 94551
cwegener(a�lavta.org
Fax: 925-443-1375
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EXHIBIT A
THIS AGREEMENT executed the date and year first above written.
LIVERMORE AMADOR VALLEY CITY OF DUBLIN
TRANSPORTATION AUTHORITY
Michael Tree, Executive Director Christopher L. Foss, City
Manager
ATTEST:
Caroline Soto, City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
Michael Conneran John Bakker, City Attorney
Legal Counsel to LAVTA
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