Loading...
HomeMy WebLinkAboutVTA - Cooperative Agreement for 1996 Measure B Pavement Managment Program 1996 MEASURE B PAVEMENT MANAGEMENT PROGRAM COOPERATIVE AGREEMENT 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 (City), collectively referred to herein as the Parties. This Agreement is made with reference to the following facts: A. VTA, through its Congestion Management Program, has been designated by the County of Santa Clara (County) as the Program Manager for the 1996 Measure B Pavement Management Program (PMP) funds. B. Pursuant to that designation, VTA is responsible for disbursing Measure B funds to eligible City projects in accordance with its agreement with the County. C. This Agreement specifies the conditions under which VT A will disburse Measure B funds to the City for the PMP. D. City has received a copy of PMP Policies and Procedures. It is agreed between the Parties as follows: Section 1. PMP Funding County will authorize the allocation of Measure B funds to City for eligible projects under the PMP. This authorization is the maximum spending authority for all City projects under the PMP. Such spending authority may be increased or adjusted by the County from time to time. The initial allocation to City is $708,056. Section 2. Approval of Requests for Funds City shall submit requests for the use of PMP funds to VTA on a project-by-project basis. Each request shall be made on forms provided by VT A and in accordance with the PMP Policies and Procedures. City shall submit documentation showing that its City Council has approved each request. Upon review and approval of the Request for Funds, VTA shall disburse funds to City within 10 days of receipt of the complete request form and documentation. City may submit requests for funding of eligible projects up to the funding amount described in Section 1 above. Funds not requested prior to July 31, 2004 shall no longer be available for projects under the PMP. Page 1 1996 Measure B PMP Cooperative Agreement App.lega1.4.19.99 4/22/99 Section 3. PMP Project Requirements City shall implement and complete its PMP projects that have been funded under this Agreement no later than July 31, 2004. City shall use PMP funds only for eligible project expenses as provided in the PMP Policies and Procedures. City shall comply with the Maintenance of Effort Certification, Pavement Management System Certification, reporting and other requirements of the PMP Policies and Procedures. Section 4. PMP Exemption If City intends to use PMP funds for transportation capital projects, City shall submit a PMP Exemption Request form, certifying it has no unmet pavement management needs and would like to allocate PMP funds to other eligible congestion relief projects, as described in the PMP Polices and Procedures. Section 5. Audit City's performance under this Agreement shall be subject to examination and audit by the County and VTA. This agreement shall be subject to the examination and audit of the State Auditor pursuant to Government Code Section 8546.7 for a period of three years after final payment hereunder. Section 6. Indemnification City shall defend, indemnify and save harmless VT A from all claims, suits or actions arising from the performance by City of its duties under this Agreement. Section 7. Additional Terms and Conditions City shall: A. Maintain, or cause to be maintained, adequate records to fully document the receipt and expenditure of Measure B funds disbursed to City under this Agreement and any interest accrued thereon. B. Apply all funds, and the interest on those funds, received under this Agreement toward eligible projects and eligible project costs as provided by the PMP Policies and Procedures. The application of any such interest to other projects shall be at the discretion of VTA after consultation with the County. Unexpended PMP funds shall be returned to VTA's PMP trust account. C. Allow VTA to audit all expenditures relating to City's PMP projects and to require all recipients of funds allocated under this Agreement to fully cooperate with such audits. For the duration of the PMP projects, and for three years following completion of the projects, City shall promptly furnish at the request of VTA, or an independent auditor selected by VTA, all records relating to project performance and financial management. Page 2 1996 Measure B PMP Cooperative Agreement App.legal.4.19.99 4/22/99 D. Submit on a yearly basis financial reports to VTA one month after the end of the fiscal year. ("Fiscal year" means the period starting July 1 and ending June 30.) Each report shall itemize the expenditure of the funds, including any interest accrued, progress to date in the implementation of each funded project, and any unused portion of its disbursement. Annual reports shall be submitted until each project is completed and all funds disbursed to City have been expended. E. Conduct an end-of-program audit after City has fully expended its PMP funds and completed all projects, and submit audited financial reports to VTA. F. Use the County and VTA-approved logo and signage for all Measure B PMP projects, as specified below: (1) The logo shall be posted on signs placed at the site of all construction. (2) The logo shall be prominently placed on any printed material intended for public consumption associated with the projects, including project related transit schedules, brochures, handbooks, maps created for public distribution, and promotional material. G. Credit the County as a funding source and VTA as the Program Manager in any articles, news releases or other publicity materials for the PMP projects which are produced or caused to be produced by the City. H. Assure that all funds received under this Agreement are expended in accordance with all applicable provisions of law for projects that are implemented by the City, and to require the other recipients of funds for the City's PMP projects to do the same. I. Maintain its current level of City funding for pavement repair as provided in the PMP Policies and Procedures and certify to VTA as required in the CMP Policies and Procedures that City will continue its Maintenance of Effort throughout the duration of the program. VTA shall: A. Disburse funds to City up to the limits of the County's maximum City Measure B allocation. B. Monitor Program status to ensure that City is in compliance with PMP Policies and Procedures. C. Prepare a yearly program financial report which will include financial reports received from City and submit the report to the County Executive's Office. D. Prepare an end-of-program financial report, which will include audited financial reports received from City and submit the report to the County Executive's Office. Page 3 1996 Measure B PMP Cooperative Agreement App.lega1.4.19.99 4/22/99 Section 7. Amendments Amendments to this Agreement shall be made in writing and signed by the authorized representatives of both parties. Page 4 1996 Measure B PMP Cooperative Agreement App.lega1.4.19.99 4/22/99 In Witness Whereof, the Parties have executed this Agreement as of the latest date shown below. City of Gilroy (City) Dated: ~4'~, City Attorney 1996 Measure B PMP Cooperative Agreement App.lega1.4.19.99 Santa Clara County Transit District Dated: /t%(J/fp . ~~ ~eter M. Cipolla, General Manager Approved As To Form: ,00 I :~~~ Suz@jne B. G fford, General Counsel /0 - .;J..I) ~9' / Page 5 4/22/99 FIRST AMENDMENT 1996 MEASURE B PAVEMENT MANAGEMENT PROGI~AM COOPERATIVE AGREEMENT This Amendment No.1 to the Measure B Cooperative Agreement between the Santa Clara Valley Transportation Authority and the City of Gilroy is agreed to as follows: 1. Section 1: PMP Funding, is hereby amended to add the following: Increase the allocation by $580,869 reflecting the Transportation Equity Act for . the 21s1 Century (TEA-21) F:.rst Cycle and Sece:nd Cycle funding exchange amounts approved by the County Board of Supervisors on June 27, 2000. The revised total program allocation is $1,996,981. 2. All other terms, covenants and conditions of the agreement remain in full force and affect. In Witness Whereof, the parties to the Agreement have executed this amendment as of the latest date shown below. City of Gilroy (City) Santa Clara Valley Transportation Authority (VTA) q/u /(J:) ~~~ eter M. Cipolla, General Manager Approved As To Form: Approved As To Form: J, /' /' /J' l/-,~,-'-/jA{{ ,C~~~"'. City Attorney ~ q~;)c'-60 , Suzanne B. Gifford, General Counsel