04-006, Santa Clara Valley Transportation Authority
Dy-6b(P
SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
CONGESTION MANAGEMENT PROGRAM
TRANSPORTATION FUND FOR CLEAN AIR
AGREEMENT
FY 2003/2004
This Agreement is between the Santa Clara Valley Transportation Authority (VTA) and
City of Cupertino (Sponsor).
This Agreement is made with reference to the following facts:
A. VTA has been designated by the Cities of Santa Clara County and by the County as the
Program Manager for Santa Clara County for Transportation Fund for Clean Air (TFCA)
400h funds.
B. Pursuant to that designation, VTA 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 VTA will reimburse TFCA 400h funds
to Sponsor for fiscal year 2003/2004.
Section 1. Description Of Project, Grant Amount And Monitoring Requirements
Sponsor agrees to implement and complete the Mary Avenue Bicycle/Pedestrian Overcrossing
at 1-280 Project described in the project summary in Attachment A, which is attached hereto
and incorporated herein, in consideration of a TFCA grant in an amount not to exceed
$1,114,797 (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. Upon review and approval of invoices and
documentation, VTA shall reimburse Sponsor within 90 days of invoice submission 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, 2003 shall be considered reimbursable expenditures. Funds for the Project
described in this Agreement which are not claimed for reimbursement by invoices submitted
prior to October 31,2005, shall no longer be available for said Project.
Section 3.
State Audit
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.
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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 oversight 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 ofVTA or BAAQMD, or an independent
auditor selected by VTA or BAAQMD, all records relating to Project performance and
expenses incurred in implementing the Project.
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 by 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 a mid-year progress report to VTA one month after the end of the second quarter
of each fiscal year ("Fiscal year" means the 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 a year-end report within two months of the end of each fiscal year until each
project is completed and all monitoring requirements have been fulfilled. The report shall
itemize (a) the expenditure of the funds, (b) 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;
(2) The logo shall be displayed on any vehicles operated with or obtained as part of the
Project;
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(3) The logo shall be used on any printed material intended for public consumption
associated with the Project, including project related transit schedules, brochures,
handbooks, maps created for public distribution, 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 Agreement 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 law, 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 the 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 funds returned to VTA shall be reallocated to
eligible projects approved by VTA and BAAQMD.
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 not 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 be lost to the countywide program as a result of
failure to complete a project according to the workscope described in Attachment A,
Sponsor's next grant allocation of any kind will be reduced by the amount lost.
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ATTACHMENT A
PROJECT INFORMATION
A. Project Number: 03SC01
B. Project Sponsor: City of Cupertino
C. Project Contact: Glenn Goepfert
D. Contact Phone #: (408) 777-3244
E-mail: qlennq(Q>.cupertino.oro
E. Project Title: Mary Avenue Bicvcle/Pedestrian Overcrossino at 1-280
F. TFCA $ Allocated: $ 1.114.797
G. Total Project Cost: $ 6.800.000
Other Funding:
Amount
$500.000
$4.325.203
$860.000
Source
State Earmark
TDA 3 and Measure B
Local Funds
H. Project Description: Construction of a bicycle/pedestrian overcrossing of 1-280 to connect the north and
south portions of Mary Avenue.
I. Project Schedule: Start Date (mo/yr)
JulV 2003
Final Report Due Date (mo/yr) October 2006
J. Final Report Content: Complete and submit Project Monitoring Form 3, Bicycle Projects.
K. Comments (if any): This project is included in the Tier 1 list of projects in the Santa Clara Countywide Bicycle
Plan.
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ATTACHM:ENT A
PROJECT MONITORING FORM 3
Bicycle Projects
TFCA Project # Project Sponsor:
Project Title:
Contact: Phone: E-mail:
TFCA $ Expended: $ 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. Class 1 = off-street bicycle path. Class 2 = on-street bike lane. Class 3 = on-street bike
route (no bike lane).
.. Segment Class 1, 2,or3 Segment
.. . Name , . .... Lenath
2. Bicycle Lockers and Racks:
I < "< #i'Uhits TotalBike Costper ManufactUrer Avg. #.Us.ers:per
Installed Capacity Uhit Day
..... ... / (If. available) ,
Lockers
Racks
Provide a list of location(s) where lockers/racks were installed.
3. Bicycle Racks on Buses:
# Racks # Bikes Cost per ... ... Manufacturer .....,
Installed per Rack Unit .. . .. .... ,.........
4. Police Bicycle Projects: Provide information on bicycle usage (e.g., number of hours of use or
number of miles ridden per day or per year), if available,
Tvoe of Bike
# Bikes Purchased
Cost oer Bike
5. Other Requirements: Check Parts J and L of the Project Information Sheet. Please respond to
or attach information for any additional requirements here.
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RESOLUTION NO. 03-227
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE
SANTA CLARA V ALLEY TRANSPORTATION AUTHORITY TO RECEIVE A
TRANSPORTATION FUND FOR CLEAN AIR GRANT FOR THE MARY AVENUE
BICYCLE FOOTBRIDGE
WHEREAS, the Santa Clara Valley Transportation Authority has committed
$5,440,000.00 to design and construction of the Mary Avenue Bicycle Footbridge; and
WHEREAS, the Santa Clara Valley Transportation Authority has obtained a
Transportation Fund for Clean Air grant in the allocated amount of $1,114,797.00 dedicated to
the Mary Avenue Bicycle Footbridge project; and
WHEREAS, the City of Cupertino must execute a funding agreement with the Santa
Clara Valley Transportation Authority in order to receive the Transportation Fund for Clean Air
grant in the allocated amount of $1,114,797.00 dedicated to the Mary Avenue Bicycle
Footbridge project; and
NOW, THEREFORE, LET IT BE RESOLVED that the City Council of the City of
Cl.l,ertino hereby authorizes the City Manager to execute a funding agreement with the Santa
Clara Valley Transportation Authority in order to receive the Transportation Fund for Clean Air
grant in the allocated amount of $1,114,797.00, dedicated to the Mary Avenue Bicycle
Footbridge project.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 15th day of December 2003, by the following vote:
Vote
Members of the City Council
THIS IS TO CERTIFY THAT THE WITHIN
INSTRUMENT IS A TRUE A'ND CORRECT COpy
OF THE ORII3INAL ON FILE IN "THIS OFFICE.
ATTEST,])ece,J/1 ['Jet" 02c:;t . ~ dl.003
CITY CLERK OF THJ:: CITY DF CUPERTINO
B~~ O.!3h-irla?c/'
f-O relTY CLERK
AYES:
NOES:
ABSENT:
ABSTAIN:
James, Kwok, Lowenthal, Sandoval, Wang
None
None
None
ATTEST:
APPROVED:
/s/ Kimberly Smith
/s/ Sandra James
City Clerk
Mayor, City of Cupertino