00-124 Santa Clara VTASANTA CLARA VALLEY TRANSPORTATION AUTHORITY
CONGESTION MANAGEMENT PROGRAM
TRANSPORTATION FUND FOR CLEAN AIR
AGREEMENT
FY 2000/2001
This Agreement is between the Santa Clara Valley Transportation Authority, (VTA) and the
City of Cupertino (Sponsor).
This Agreement is made with reference to the fi~llowing facts:
A. VTA 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, VTA is respon;~ible 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 cpnditions under which VTA will reimburse TFCA 40% funds
to Sponsor for fiscal year 2000/2001.
Section 1. Description Of Project, Grant Amount And Monitoring Requirements
Sponsor agrees to implement and complete the Foothill Blvd. Bicycle Facility Improvements
Project described in the project summary in At~ta.chment A, which is attached hereto and
incorporated herein, in consideration of a TFC.~ grant in an amount not to exceed $100,000
(does not include local matching funds) furnished by VTA to Sponsor as provided herein.
Sponsor shall comply with the project schedule and monitoring requirements described in
Attachment A.
Section 2. Expenditure Of Funds
Sponsor shall submit invoices at quarterly intervals to VTA for reimbursement of costs
incurred to implement the Project. Sponsor shall include auditable back-up documentation
(time sheets, bills, etc.) with each invoice. Upc-n review and approval of invoices and
documentation, VTA shall reimburse Sponsor ~vithin 90 days of invoice submission for all
eligible expenditures up to the maximum amotmt described in Section 1 of this Agreement.
Unless otherwise stated in this Agreement, onl;~ those project costs incurred by Sponsor on or
after July 1, 2000 shall be considered reimburs~~,ble expenditures. Funds for the Project
described in this Agreement which are not claimed for reimbursement by invoices submitted
prior to October 31, 2002, shall no longer be available for said Project.
Section 3. State Audit
This Agreement shall be subject to the examin.~.tion and audit of the State Auditor pursuant to
Government Code Section 8546.7 for a period of three years after fmal payment.
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Section 4. Indemnification
Sponsor shall defend, indemnify and save harmless the VTA from all claims, suits or actions
resulting from the performance by Sponsor of its duties under this Agreement.
Section 5. Additional Terms And Conditions
Sponsor shall:
A. Limit administrative costs for fiscal oversi€;ht to no more than five percent of the funds
received under this Agreement.
B. Allow VTA or BAAQMD to audit all expenditures relating to the Project and require all
recipients of funds allocated under this Agreement to fully cooperate with such audits. For
the duration of the Project and for three years following completion of the Project,
Sponsor shall promptly furnish at the request of VTA or BAAQMD, or' an independent
auditor selected by VTA or BAAQMD, all rE~cords relating to Project performance and
expenses incurred in implementing the Prc-ject.
C. Maintain employee hourly time sheets documenting the time spent by Sponsor's
employees for the Project, or use an alternative method, approved in advance by VTA or
BAAQMD, to document staff costs charged to this grant.
D. Require hourly employee time sheets to be maintained documenting the time spent by
contractors or consultants who are paid b3~ the hour in the implementation of the Project
with funds received under this Agreement, or use an alternative method, approved in
advance by VTA or BAAQMD, to document staff costs charged to this grant.
E. Keep necessary records of the performance of the Project as specified in Attachment A to
expedite evaluation of emissions reductions achieved from implementation of the Project.
F. Submit amid-year progress report to VTA one month after the end of the second quarter
of each fiscal year ("Fiscal year" means thf~ period starting July 1, and ending June 30.)
The report shall itemize (a) the expenditure of the funds and (b) progress to date in the
implementation of each funded project.
G. Submit ayear-end report within two months of the end of each fiscal year until each
project is completed and all monitoring re~~uirements have been fulfilled. The report shall
itemize (a) the expenditure of the funds, (l~) progress to date in the implementation of
each funded project and (c) the results of the monitoring of the performance of the Project
as specified in Attachment A.
H. Use the BAAQMD's approved logo for the Transportation Fund for Clean Air for Project,
as specified below:
(1) The logo shall be used on signs posted at the site of any construction;
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(2) The logo shall be displayed on any vehicles operated with or obtained as part of the
Project;
(3) The logo shall be used on any printed m~~terial intended for public consumption
associated with the Project, including project related transit schedules, brochures,
handbooks, maps created for public dist~~ibution, and promotional material.
I. Credit VTA and BAAQMD as a funding source in any related articles, news releases or
other publicity materials for the Project which are produced or caused to be produced by
the Sponsor.
J. Assure that all funds received under this Ag~~eement are expended only in accordance with
all applicable provisions of law for projects which are implemented by Sponsor, and to
require the other recipients of grant funds for the Project to do the same.
K. To the extent not otherwise prohibited by la.w, place in the public domain any software,
written document, or other product developed with funds received through this
Agreement.
L. Either obtain approval for alternate use of, or return to VTA, any funds realized from the
sale or other disposition of any vehicles purchased with TFCA funds if the sale or
disposition occurs before the useful life of t:he vehicle has expired as generally recognized
within the industry. The amount of funds returned to VTA shall be proportional to the
percentage of TFCA funds originally used to purchase the vehicles as compared to the
total price paid for the vehicles. Any such fi.znds returned to VTA shall be reallocated to
eligible projects approved by VTA and BAA~aMD.
VTA shall:
A. Reimburse Sponsor's project costs as provided in Section 2, up to the maximum grant
amount shown in Section 1.
B. Review Sponsor's progress in implementing the Project at the end of the sixth quarter
following execution of this Agreement.
C. If progress at the sixth quarter review is insufficient to implement the Project or to expend
the funds within the period described in Section 2, VTA shall develop an action plan with
the Sponsor to ensure that these funds are r-ot lost to the county. VTA may, at its
discretion, reprogram funds to other projects within Santa Clara County to ensure their
expenditure prior to the fund expiration date described in Section 2.
Section 6. Non-Performance
If Sponsor causes all or part of these funds to bye lost to the countywide program as a result of
failure to complete a project according to the v~~orkscope described in Attachment A,
Sponsor's next grant allocation of any kind willl be reduced by the amount lost.
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Section 7. Amendments
Amendments to this Agreement and modifications to the Project, shall be made in writing,
and signed by both parties.
In Witness Whereof, the Parties have execute~~ this Agreement as of the latest date shown
below.
City of Cupertino
(Sponsor)
Santa Clara Valley Transportation Authority
(VTA) ,
Dated: ~. S . OD
~ ~~~~~
GWI.cJ z.('
David Knapp, City Manager
Approved As To Form:
I
Charles T. Kilian, City Attorney
Dated: U~/
Peter M. Cipolla, Ge eral Manager
Approved As To Form:
z B. Gifford, eral Counsel
~~ ! F . ~
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ATTACHMENT A
PROJECT INI=ORMATION
A. Project Number: OOSC10 B. Project :>ponsor: City of Cupertino
C. Project Contact: Ray Chong D. Contact Phone #: (408) 777-3240
E. Project Title: Foothill Blvd Bicycle Facility Improvements (Class 2, 0.6 mi.)
F. TFCA $ Allocated: $ 100,000 G. Total Project Cost: $ 375,000
Other Funding: Amount Source
$275,000 ~ City of Cupertino Capital Improvement Program
G. Project Description: The project will install bike lanes on Foothill Boulevard, a collector on the Cupertino
Roadway Network. The project will close a 0.6-mile gap for bike lanes on Foothill Boulevard from Stevens
Creek Boulevard to McClellan Road. The scope of work includes traffic stripes, pavement markings, roadside
signs, bike loop detectors, and associated traffic sign~~l hardware. The project will connect with Santa Clara
County Cross-County Bicycle Corridor 2 to the north and Corridor 12 to the east.
H. Project Schedule: Start Date (mo/yr) July 1, 2000 Final Report Due Date (mo/yr) July 30, 2002
I. Final Report Content: Complete and submit part 1 of Project Monitoring Form 3.
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ATTACI~:MENT A
PROJECT MONITORING FORM 3
Bicycle Projects
TFCA Project #
Project Title:
Contact: Phone:
TFCA $ Expended: $
E-mail:
Total Project Cost: $
Project Start Date: Completion Date:
Complete the section that applies to the type of bicycle project implemented. Use additional sheets as needed.
1. On Road Bicycle Improvements: Provide the following information for each segment of project. User
counts should be performed on a weekday during the May-September period (excluding Bike to Work Week).
Post-project count should be performed 3-6 months ,after completion of the facility. Counts maybe penformed
for the entire day, or during the a.m, and p.m. peakF~eriods, i.e. 7-9 a.m. and 4-6 p. m.
Pra_Prniart r:nunt Post-Project Count
Segment
Name Class 1,
2, or 3 Segment
Len th ADT on
Se ment Date Hours of
Count # Bikes
er Da Date Hours of
Count # Bikes
er Da
2. Bicycle Lockers and Racks: Rack user counts should be penformed anytime between 10 a.m.
and 2 p.m. during a weekday in the May-September period (excluding Bike to Work Week).
#`Units
Installed Total Bike
Ca aci Cost per
Unit Manufacturer Avg. #Users per Day.
Lockers
Racks
Attach a map showing ~ocanon~sl or iocKersiracKS. uescn~e metnoaoivyy w ueleinuiiC u~C~ udld.
3. Bicycle Racks on Buses: Count of rack users should be per`ormed all day (7 a.m. to 7 p.m.) on a
weekday in the May-September period (excluding Bike to Work Week).
Racks
Installed # Bikes
er Rack Cost per
Unit Manuf~icturer Avg. # Rack
Users/Da Total DailyPassenger
Boardin s'S stem-wide
4. Police Bicycle Projects: Based upon one year of operational experience with the bicycles.
Type of Bike # Bikes
Purchased Total Bike Patrol
Hours. er Year Total Bike Patrol
.Miles er Year Total Patrol Car Miles
Reduced Per Year
Project Sponsor:
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