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RES 2013-018CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 2018 -18 Resolution Accepting Regional Surface Transportation Program (RSTP) Funding in the Amount of $275,074 for the Construction Phase of the Linear Park Rehabilitation Project (301- 60061) and Transfer of Existing RSTP funds in the amount of $167,500 from Capital Improvement Project Hwy 50 3C380 Lighting (301- 50025) to the Linear Park Rehabilitation Project (301- 60061 - 48030) Construction Expense WHEREAS, the City of South Lake Tahoe has designated the Linear Park Rehabilitation Project a viable and desired project; and WHEREAS, the Tahoe Metropolitan Planning Agency (TMPO) has authorized distribution to the City the Regional Surface Transportation Program (RSTP) funds in the amount of $275,074; and WHEREAS, staff is also requesting transfer of existing RSTP funds in the amount of $167,500 currently contained within the Capital Improvement Project Fund Account 301- 50025 (US50 3C380 Lighting) to supplement construction costs of the Linear Park Rehabilitation ; and WHEREAS, the City desires to construct the Linear Park Rehabilitation Project in 2013. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe does hereby adopts the resolution authorizing accepting RSTP funding and transferring existing RSTP funds for the Linear Park Rehabilitation Project. 1, Adopt resolution accepting $275,074 in RSTP funding for construction of the Linear Park Rehabilitation Project; and 2. Transfer existing RSTP funds from CIP account 301 - 50025 -48030 in the amount of $167,500 to the Linear Park Project Account (301- 60061 - 48030) 3. Add total funding ($442,574) into Capital Improvement Fund 301 -60061 (Linear Park Rehabilitation Project), expense category 48030. Linear Park Rehabilitation Project: 301 60061 Revenue (33222) Regional Surface Transportation Program Funding ( +) $275,074 301 60061 Expenditures (48030) Construction ( +) $275,074 301 50025 Transfer out (48030) Construction ( -) $167,500 301 60061 Transfer in from (301- 50025) Construction ( +) $167,500 PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on February 19, 2013, by the following vote: AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers ABSENT: Councilmembers ATTEST: • usan Alessi, City Clerk DAVIS, COLE, CONNER, LAINE & SWANSON 3 TAKE Mail Location REGIONAL PO Box 5310 128 Market Street PLANNING Stateline, NV 89449-5310 Stateline, NV 89449 AGENCY EXCHANGE FUND TRANSFER AGREEMENT Between TAHOE REGIONAL PLANNING AGENCY And CITY OF SOUTH LAKE TAHOE 1. INTRODUCTION Contact Phone: 775 -588 -4547 Fax: 775 - 588 -4527 www.trpa.org Both the Tahoe Regional Planning Agency (TRPA) and City of South Lake Tahoe (CSLT) agree that a transfer agreement must be executed by TRPA and CSLT to allow the transfer of 182.6(g) exchange funds between these two agencies. These funds include funds provided to TRPA per agreement with the California Department of Transportation (Caltrans) [Agreement number: X12 - 6125(028)] pursuant to Section 182.6 of the Streets and Highways Code. II. DISBURSEMENT OF FUNDS TRPA and CSLT agree to the distribution of 182.6(g) funds consistent with the following: FY CSLT El Dorado Placer TRPA TOTALS 11/12 $275,074 $ 102,628 $ 102,628 $ 24,631 $ 504,961 *After distribution of the City of South Lake Tahoe's $94,448, the balance of the funds in the 182.6(g) account will be distributed to Placer County, El Dorado County, CSLT, and TRPA according to the following percentages: Placer Co., 25 %; El Dorado Co., 25 %; CSLT, 44 %; and TRPA, 6 %. The distribution of the balance of Section 182.6 (g) funds may be changed by action of the TRPA upon notification to each of the 182.6(g) recipients. Ill. LIMITATIONS 1. CSLT agrees to use 182.6(g) funds only for projects defined under Sections 133(b) and 133(c) of Title 23, United States Code and Article XIX of the California State Constitution. 2. CSLT agrees to allocate all 182.6(g) funds as necessary to one or all of the projects listed on Attachment "A ", which has been mutually agreed upon by CSLT and TRPA and is incorporated herein by reference. 3. Both TRPA and CSLT agree specifically to include in the "build" alternative of the air quality conformity analysis any capacity- expanding project funded herein located in an air quality non - attainment area. 1 4. CSLT agrees to provide TRPA (a) a listing and (b) brief description of projects funded through this Agreement and to update this project list, as necessary, if project priorities change. 5. CSLT agrees to provide TRPA annual status reports on RSTP funds that are in concurrence with the AB1012 "Timely Use of Funds" provision as a tracking mechanism to better ensure project implementation. 6. CSLT agrees to comply with all conditions attached to the 182.6(8) funds under Agreement X12 - 6125(028) attached hereto as Exhibit A ", incorporated herein by reference. 7. TRPA will provide CSLT the balance available upon receipt of funds from Caltrans. TRPA will release funds to CSLT within 30 days of approval of an updated project list and /or disbursement request. IV. EXCHANGE FUND ACCOUNTS CSLT agrees to establish an account for the deposit and disbursement of 182.6(8) funds. 2. TRPA agrees to establish an account to deposit and disburse 182.6(g) funds. V. AUDIT REQUIREMENTS TRPA agrees to provide to Caltrans a list of agencies allocated 182.6 exchange funds, and a brief description of projects funded with these funds. 2. CSLT agrees that in the event CSLT fails to use 182.6(g) funds within the terms of this Agreement, CSLT agrees to return the exchange funds to TRPA for credit to the account established under Section IV -2. In the event of such requirement by Caltrans, TRPA shall verify in writing that the requested corrective action has been taken. 3. Both TRPA and CSLT agree to grant State of California auditors access to the TRPA and CSLT books and records for the purpose of verifying that funds paid hereunder are properly accounted for and expended in accordance with this Agreement. V1. GENERAL PROVISIONS TRPA and CSLT warrant that the individuals who have signed this Agreement have the legal power, right and authority to enter into this Agreement so as to bind their respective agencies to perform the conditions contemplated herein. 2. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any of the provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be deemed a waiver and no waiver shall be binding unless executed in writing by the party making the waiver. 2 3. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument. 4. TRPA shall indemnify, defend and hold harmless CSLT, its officers, employees and agents against, and will hold and save them and each of them, harmless from any and all actions, claims, penalties, obligations, liabilities or damages to personal property that may be asserted or claimed by any person, firm, entity, corporation, political subdivisions or other organization arising out of or in connection with TRPA's duties under this Agreement. CSLT shall indemnify, defend and hold harmless the TRPA, its officers, employees and agents against, and will hold and save them and each of them, harmless from any and all actions, claims, penalties, obligations, liabilities or damages to personal property that may be asserted or claimed by any person, firm, entity, corporation, political subdivisions or other organization arising out of or in connection with CSLT's duties under this Agreement. TAHOE REGIONAL PLANNING AGENCY Date CITY OF SOUTH LAKE TAHOE Executive Director City of South Lake Tahoe Date