HomeMy WebLinkAboutItem 4.06 AB434 FndTransfrAgmts (2)
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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.
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CITY CLERK
ITEM NO. COPIES TO: ~/ 0
FILE ~
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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
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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~
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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
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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:
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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
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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
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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: