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HomeMy WebLinkAboutSanta Clara County - Transit District Congestion Management Program SANTA CLARA COUNTY TRANSIT DISTRICT CONGESTION MANAGEMENT PROGRAM TRANSPORTATION FUND FOR CLEAN AIR AGREEMENT FY 1996 -1997 This Agreement is between the Santa Clara County Transit District, also known as the Santa Clara Valley Transportation Authority, (VTA) and the City of Gilroy (Sponsor). This Agreement is made with reference to the following facts: A. VT A has been designated by the Cities of Santa Clara County and by the County as the Program Manager in Santa Clara County for Transportation Fund for Clean Air (TFCA) 40% funds. B. Pursuant to that designation, VT A is responsible for disbursing TFCA 40% funds to eligible project sponsors in accordance with its Agreement with the Bay Area Air Quality Management District (BAAQMD). C. This Agreement specifies the conditions under which VT A will reimburse TFCA 40% funds to Sponsor for fiscal year 1996-1997. Section 1. Description OfProject(s) And Monitoring Requirement Sponsor agrees to implement the Alternative Fuels Demonstration project as described in the project summary designated as Attachment A, which is attached hereto and incorporated herein, for a TFCA grant amount not to exceed $37,000.00 (does not include local matching funds). Sponsor shall comply with all project monitoring requirements as described in Attachment B which is attached hereto and incorporated herein. Section 2. Expenditure Of Funds Sponsor shall submit invoices to VT A for eligible costs incurred to implement the project in monthly intervals. Sponsor shall include auditable back-up documentation (time sheets, bills, etc.) with each invoice. Upon review of invoice and documentation, VT A shall reimburse Sponsor on a timely basis for all eligible expenditures up to the maximum amount described in Section 1 of this Agreement. Unless otherwise stated in this Agreement, only those project costs incurred by Sponsor on or after July 1, 1996, will be considered reimbursable expenditures. Funds for the project (s) described in this Agreement not invoiced by February 1, 1999, shall no longer be available for said project (s) and will be reprogrammed by VTA, at its discretion, to other eligible projects in Santa Clara County. Section 3. Documentation Of Expenditures Sponsor shall submit a report to VT A within (2) months of the end of each fiscal year which itemizes the expenditure of funds for the project (s) described in this Agreement. Sponsor shall, during the implementation of the project (s) and for (3) years following completion of the project (s) described in this Agreement, make available to VT A, the Bay Area Air Quality Management District (BAAQMD), GL 9697.DOC 1 of 4 3/25/97 , . and an independent auditor selected by the BAAQMD, all records relating to expenses incurred in implementing the project (s) described in this Agreement. Section 4. Indemnification Sponsor shall indemnify and save harmless the Authority from all claims, suits or actions resulting from the performance by Sponsor of its duties under this Agreement. Authority shall indemnify and save harmless Sponsor from all claims, suits or actions resulting from performance by Authority of its duties under this agreement. Section 5. Additional Terms And Conditions Sponsor Agrees: 1. To maintain, or cause to be maintained, adequate records to document and demonstrate to VT A and/or BAAQMD staff and auditors the receipt, interest accrual, and expenditures ofBAAQMD funds. 2. To apply all interest accrued from funds received under this Agreement towards projects approved by the VT A Board of Directors. The distribution of any such funds shall be at the discretion of the VTA after consultation with BAAQMD. 3. To return to the VTA any funds and/or associated interest unexpended within two years of the date of receipt of the funds unless a project schedule which extends beyond the two years has been approved by the VTA and the BAAQMD. 4. To limit administrative costs in the handling of these funds to no more than five (5) percent of the funds received under this Agreement. 5. To allow the VTA or BAAQMD to audit all expenditures relating to the projects funded through this Agreement. For the duration of the projects as described in Attachment A and for three years following completion of the projects, Sponsor will make available to the VTA or BAAQMD or to an independent auditor selected by the VTA or BAAQMD all records relating to project performance and expenses incurred in implementing the projects. This Agreement shall be subject to the examination and audit of the State Auditor pursuant to Government Code Section 8546.7 for a period ofthree years after final payment hereunder. 6. To maintain employee time sheets documenting those hourly costs incurred, which are paid with funds received under this Funding Agreement, to Sponsor's obligations under this Agreement; or to use an alternative method, approved in advance by the VT A or BAAQMD to document staff costs charged to this grant. 7. To require that any recipients of funds allocated through this Funding Agreement shall, for the duration of the projects as described in Attachment A and for three (3) years following completion ofthe projects, in a timely fashion make available to the VTA, BAAQMD or to an independent auditor selected by the VTA or BAAQMD, all records relating to project performance and expenses incurred in implementing the project or projects for which funding was received. GL 9697.DOC 20f4 3/25/97 8. To require that any recipients of funds allocated through this Funding Agreement maintain employee time sheets documenting those hourly costs incurred in the implementation of the projects described in Attachment A, which are paid with funds received under this Funding Agreement; or to use an alternative method, approved in advance by the VT A to document staff costs charged to the funded project. 9. To keep necessary records of the performance of the project or projects as specified in Attachment A in order to expedite evaluation of emissions reductions achieved from implementation of the project or projects. 10. To submit an annual report to the VTA within (2) months of the end ofthe fiscal year which itemizes (a) the expenditure of the funds, (b) progress to date in the implementation of each funded project or projects and (c) the results of the monitoring of the performance of the project or projects as specified in Attachment A. Annual reports are to be submitted until all projects listed in Attachment A are completed. 11. To use the BAAQMD's approved logo for the Transportation Fund for Clean Air for any projects implemented directly by the Sponsor under this Agreement, as specified below: a) the logo will be used on signs posted at the site of any construction; b) the logo will be displayed on any vehicles operated with or obtained as part of a project; c) the logo will be used on any printed material intended for public consumption associated with any project, including project related transit schedules, brochures, handbooks, maps created for public distribution, and promotional material. 12. To credit the VTA and BAAQMD as a funding source in any related articles, news releases or other publicity materials for the projects funded under this Agreement which are implemented by the Sponsor. 13. To assure that all funds received under this Agreement are expended only in accordance with all applicable provisions of law for projects which are implemented directly by Sponsor, and to require recipients of funds for projects funded under this Agreement to do the same. 14. To the extent not otherwise prohibited by law, and to the extent required by the California Public Records Act, to place in the public domain any software, written document, or other product developed with funds received through this Agreement. 15. To require that the Sponsor either obtain approval for alternate use, or return to VTA any funds realized from the sale, of any vehicle(s) purchased with TFCA funds if such reuse or sale occurs within the industry standards for the useful life from the date of purchase of the vehicle(s). The amount of funds returned to the VT A shall be proportional to the percentage of funds originally used to purchase the vehicle(s). Any such funds returned to the VTA shall be reallocated to eligible projects approved by the VTA and BAAQMD. GL 9697.DOC 30f4 3/25/97 Section 6. Amendments Amendments to this Agreement, including modifications to the project (s) described herein, shall be made in writing, and signed by both parties. In witness whereof, the Parties to the Agreement have executed this agreement as of S-~r - Date ,1997. CITY OF GILROY ("SPONSO " SANTA CLARA COUNTY TRANSIT DISTRICT (" TA") , City Administrator APPROVED AS TO FORM: /7f~I/'~_, LINDA A. CALLON, City Attorney "'. t Counsel GL 9697.DOC 40f4 3/25/97 Total of 1 Project(s) Project #1 Project Description Project Title: Description: Project Cost Grant Amount: Local Match: Total Cost: ATTACHMENT A 1996/97 TFCA 400/0 Program Project Summary for the City of Gilroy Alternative Fuels Demonstration Purchase of one (1) light duty electric pick-up truck. $37,000 $ 0 $37,000 J!l c (I) E (I) ~ ~ e- (I) a::: C) c .;: o ~ c o :E = c o ~ "' - C (I) (1)- E ~ (1)"0 - (I) c..c E to) _tJ) ..... = ~ e -= ~ e': ..... ..... -< C o ~ c. ';: to) II) (I) c - to) (I) 'e- o. 5~ ~1: to) ~ o 0 = E <(<( ~ o II) C o c. tJ) - to) (I) "[ 0. - :i:: c: o Ol 'in c: ... t/l '0 ~ (I) :::J c: (3 (3 .!::: 0 :.c .5 -g <( u ~ ... CU .!!! ~ t/J~~E.... 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CU U .....~ Ol 0 ::::... Ola. (jjOl 3:= OlOl c: c: ui'O Ol ... t/l cu cuCl l!!~ ~ t/l t/l]! t/l ... Ol Ol ... - o.CU - E ~~ .~ .0 t:::= cu.e :::J t/lo. t/l ... Ol Ol ....c 0._ - 0 0>- t/l c: .!!1 cu 0." o c: Ocu ~ .g ~ ...s::: ~ .... ~ t--: ~ 0\ ~ 'S .e- ..... '"'" o ~ l:i o ":g t:: o 0.. CIl ~ '"'" t-< >.. V .- .- ro :> ro ~ o ro ~ r:/) '"tj ~ Q ~ CI ~ o:l <<:i 1:: V S V V '"'" tlO < tlO l:i ..... '"tj 9 ~ l'- 0\ -- 1.0 0\ >- ~ L.~ 3 ORIGINAL FIRST AMENDMENT SANTA CLARA COUNTY TRANSIT DISTRICT CONGESTION MANAGEMENT PROGRAM AB 434 40% FUND TRANSFER AGREEMENT -FY 1994/95 The Agreement for the transfer of funds made available from the AB 434 Vehicle Registration Program for FY 1994/95 between the SANTA CLARA COUNTY TRANSIT DISTRICT (SCCTD) and the CITY OF GILROY (SPONSOR), is amended as follows: 1. Section 2 DESCRIPTION OF PROJECT is amended to read as follows: The SCCTD has programmed $71,969 of the funds available in the 1994/95 Santa Clara County allocation ofthe AB 434 40% funds to SPONSOR to be used for the South County Signal Improvement Project as described in the Project Summary sheet which is marked Attachment A, attached hereto and incorporated herein. 2. All other terms, covenants and conditions of the Agreement, except as modified by this amendment, remain in full force and effect. In witness whereof, the parties to the Agreement have executed this amendment as of February 14 ,1997. Date -' . CITY OF GILROY APPROVED AS TO FORM: APPROVED AS TO FORM: ,~)~ LINDA A. CALLON, City Attorney /;~~. U..-.-.z--- ROBERT A WEERS, Senior Assistant Counsel ~CCEPTED ADOPTED DENIED PRESENTED ( ~'II V.1J1I'j T"lspartitio. Aatllority Oaard of Directon Sandra A. Weymo . Secreta BY: DATE: Total of 1 Project(s) Project #1 Project Description Project Title: Description: Project Cost Grant Amount: Local Match: Total Cost: programs \1(ca\[v94 9 5 \allc ha .. Attachment A 1994/95 AB 434 40% Program Project Summary for the City of Gilroy South County Signal Improvement Project To improve arterial flow and optimize signal timing, this project will provide hardwire interconnect systems for the traffic signals between seven (7) intersections (Leavesly at Arroyo circle, San Ysidro Avenue, Forest Street, Monterey Street, and Welbum Avenue at Church Street. $71,968.68 $ 0.00 $71,968.68 1/ J 6/97