12-059 2010 Measure B Vehicle Registration Fee Local Rd Improvement and Repair Program, Santa Clara Valley Transportation Authority (VTA) FUNDING AGREEMENT
BETWEEN THE CITY OF CUPERTINO AND THE SANTA CLARA VALLEY
TRANSPORTATION AUTHORITY FOR 2010 MEASURE B VEHICLE
REGISTRATION FEE LOCAL ROAD IMPROVEMENT AND REPAIR PROGRAM
THIS AGREEMENT is between the City of Cupertino, a "Member Agency," referred to herein
as "RECIPIENT," and the SANTA CLARA VALLEY TRANSPORTATION AUTHORITY,
referred to herein as "VTA." Hereinafter, RECIPIENT and VTA may be individually referred to
herein as "Party" or collectively referred to herein as "Parties."
I. RECITALS
A. Whereas, on June 3, 2010, the VTA Board of Directors adopted a resolution to place a ballot
measure before the voters of Santa Clara County in November 2010 to authorize a $10
increase in the Vehicle Registration Fee ("VRF") for transportation-related projects and
adopted the expenditure plan in Exhibit A of this Funding Agreement which allocates the
revenue to transportation-related programs and projects that have a relationship or benefit to
the persons who pay the fee.
B. Whereas, on October 7, 2010, the VTA Board of Directors adopted administrative
procedures for the VRF program, referred to hereinafter as "PROGRAM".
C. Whereas, these administrative procedures state that VTA will execute PROGRAM funding
agreements with project sponsors.
D. Whereas, on November 2, 2010, the voters of Santa Clara County enacted the $10 vehicle
registration fee on motor vehicles registered within Santa Clara County to pay for programs
and projects bearing a relationship or benefit to the owners of motor vehicles paying the fee.
E. Whereas, the PROGRAM includes a Local Road Improvement and Repair Program
consisting of a direct return-to-source formula based on City population and County of Santa
Clara road and expressway lane mileage.
F. Whereas, VTA and RECIPIENT desire to specify herein the terms and conditions under
which Local Road Improvement and Repair PROGRAM grants are to be conducted and
financed.
NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the
Parties agree as follows:
II. VTA'S OBLIGATIONS
VTA agrees:
1. To pay RECIPIENT an initial distribution of Local Road Improvement and Repair Program
funds collected by the California Department of Motor Vehicles (DMV) and received by
VTA from the date of initial fund collection to June 30, 2012, plus associated interest. The
Fund Distribution Formula is based on the County of Santa Clara's percentage share of the
total roadway lane mileage recorded in the county by the Metropolitan Transportation
Commission (MTC), with the remaining funds to be distributed to RECIPIENT based on
RECIPIENT's percentage share of the total county population (excluding unincorporated
areas) as reported by the California Department of Finance. Funds will be distributed after
July 1, 2012, following execution of the VRF Local Program Funding Agreement and receipt
of RECIPIENT's initial Annual Report described in Section III-5.
2. To update roadway mileage and population shares annually.
3. To distribute subsequent funds, based on the formula described in Section II-1 above, for the
Local Road Improvement and Repair Program funds on an annual basis consisting of funds
received by VTA from the DMV between July 1 of the previous year and June 30 of the
calendar year of disbursement, plus associated interest generated in VTA's accounts. The
distribution will take place following the beginning of the next State fiscal year and the
receipt of the previous year's annual report described in Section III-5 below.
III. RECIPIENT'S OBLIGATIONS
RECIPIENT agrees:
1. To develop eligible project(s) as listed in the Expenditure Plan adopted by the VTA Board of
Directors on October 7, 2010.
2. To credit VTA's funding contribution on all signage, electronic or printed materials
distributed to the public that are related to PROGRAM projects.
3. To certify, and continue to certify on a yearly basis, a Good Faith Effort ("GFE") to
maintain a level of expenditures (including non-discretionary formula based state funds) on
VRF eligible activities equivalent to the expenditures on these activities during the fiscal year
2011 (base year). The base year may be revised every five (5) years, if needed, and VRF
revenues will be excluded. The following funds are excluded from the GFE expenditure
calculation: State and Federal Discretionary Grants (including but not limited to ARRA,
CMAQ, HBRR, HSIP, SR2S, STP, and Proposition 1B etc.), associated local matching
funds, and one-time local expenditure. GFE requirements are automatically waived in years
where the State of California fails to make non-discretionary payments of streets and roads
funding to Cities and Counties. VTA may also consider granting waivers based on
extraordinary circumstances beyond the control of a city or town council, County Board of
Supervisors, and/or city and County staff.
4. To track interest earned on unexpended PROGRAM funds and apply interest to PROGRAM
eligible projects.
5. To submit annual reports of RECIPIENT'S expenditures of PROGRAM funds and
associated interest, in a form to be provided by VTA to RECIPIENT. Each report will cover
twelve months consisting of the previous State fiscal year. Reports are due from RECIPIENT
to VTA no later than October 15 of each year as a condition of receiving funds. As part of the
annual report, RECIPIENT will certify that it continues to make a Good Faith Effort (GFE)
to maintain a level of expenditures as stated in section II-5. An initial report, containing the
notification of GFE base year amount and statement of GFE for FY2012/13, shall be
submitted by RECIPIENT to VTA after the execution of this agreement.
6. To maintain PROGRAM financial records, books, documents, papers, accounting records
and other evidence pertaining to costs for five years. RECIPIENT shall make such records
available to VTA upon request for review and audit purposes. Financial audits will be
performed at VTA's discretion. RECIPIENT will be contacted in writing in advance of any
audit or other program review.
7. To provide VTA with information regarding scope, award and delivery of projects.
IV. GENERAL TERMS AND CONDITIONS
Both Parties agree:
1. Neither VTA nor any officer or employee thereof shall be responsible for any damage or
liability occurring by reason of anything done or omitted to be done by RECIPIENT under or
in connection with any work, authority or jurisdiction delegated to VTA or RECIPIENT
under this Funding Agreement. Both Parties agree that pursuant to Government Code 895.4,
RECIPIENT shall fully defend, indemnify, and save harmless VTA from all suits or actions
of every name, kind and description brought on for or on account of injury (as defined in
Government Code Section 810.8) occurring by reason of anything done or omitted to be done
by RECIPIENT under or in connection with any work, authority or jurisdiction delegated to
RECIPIENT under this Funding Agreement. This provision shall survive the termination of
this Agreement.
2. Neither RECIPIENT nor any officer or employee thereof shall be responsible for any damage
or liability occurring by reason of anything done or omitted to be done by VTA under or in
connection with any work, authority or jurisdiction delegated to RECIPIENT or VTA under
this Funding Agreement. Both Parties agree that pursuant to Government Code 895.4, VTA
shall fully defend, indemnify, and save harmless RECIPIENT from all suits or actions of
every name, kind and description brought on for or on account of injury (as defined in
Government Code Section 810.8) occurring by reason of anything done or omitted to be done
by VTA under or in connection with any work, authority or jurisdiction delegated to VTA
under this Funding Agreement. This provision shall survive the termination of this
Agreement.
3. No alteration or variation of the terms of this Funding Agreement shall be valid unless made
in writing and signed by both of the parties hereto and no oral understanding or agreement
not incorporated herein shall be binding on any of the parties hereto.
4. PROGRAM costs incurred on or after July 1, 2011 are eligible expenditures.
5. This Funding Agreement contains the entire understanding between the VTA and
RECIPIENT for the PROGRAM. It supersedes any and all other agreements, which may
have existed between the parties. This Funding Agreement shall not be modified except by
written agreement signed by each party. This Funding Agreement shall be binding upon each
party, their legal representatives, and successors for the duration of the VRF.
6. The term of this Funding Agreement shall commence when fully executed and continue until
terminated due to the repeal of Sections 65089.20 to the Government Code and Section
9250.4 of the Vehicle Code, which authorizes the imposition of the VRF.
7. Any notice which may be required under this Agreement shall be in writing, shall be
effective when received, and shall be given by personal service, by the U.S. Postal Service or
by certified mail, to the addresses set forth below, or to such addresses which may be
specified in writing to the Parties hereto.
VTA:
Manager, Programming and Grants
Santa Clara Valley Transportation Authority
3331 North 1st Street
San Jose, CA 95134
RECIPIENT:
David Stillman
Senior Civil Engineer
Department of Public Works
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
8. Within 30 days from the Effective Date of this Agreement, RECIPIENT shall notify VTA of
RECIPIENT's Program Liaison and of the Liaison's address, telephone number and email
address. The Program Liaison shall be the liaison to VTA pertaining to implementation of
this Agreement and .shall be the contact for information about the PROGRAM and
PROGRAM projects. RECIPIENT shall notify VTA of the change of Program Liaison or of
the Liaison's contact information in writing no later than 30 days from the date of any
change.
9. Each Party to this Agreement represents and warrants that each person whose signature
appears hereon has been duly authorized and has the full authority to execute this Agreement
on behalf of the entity that is a party to this Agreement.
CITY OF CUPERTINO SANTA CLARA VALLEY
(RECIPIENT) TRANSPORTATION AUTHORITY (VTA)
dir
Amy
y Chan, I terim City Manager Date Mich. 1 T. Burns, General Manager Date
Approved as to Form and Legality: Approved as to Form:
)
Counse Date T)unsel Date
Exhibit: A
"The Local Transportation Investment Fund"
Senate Bill 83 Expenditure Plan
Revised(6.7.:.0)
1. -lacallamikszernagaildismarezgm(Direct return-to-source based on City population
and County of Santa Clara mad and expressway lane m cage)
• Revenue Estimate—$11.2 million(FY 2011)
• Eligible Project Categories:(nickades all expenses for administration,planning,design,
construction,procurement and operation of a Complete Streets System)
o Pavement
o Traffic Control Signals,Traveler Information&Safety Devices
o Curb&Gutter Rehabilhation iReconstnrcticn
o Roadway-Related Facilities to Improve Sa$ity
o Automobile-Related Environmental Mitigation including Roadway Sweeping&Litter
Control
2. 15%-countywide Program
• Revere Estimate—$2.1 million(FY 2011)
• Eligible Project Categories:(trAnclos all expenses for administration,planning,design,
construction,procurement and operation of a Complete Street System)
o Intelligent Transportation System Technologies(transportation-related technologies including
traffic control signals,safety and traveler information systems)
o Countywide Envl Mitigation related to pollution caused by autos and trucks
o Matching finds for Federal/State/Regional transportation grants applied to any roadway
transportation project included in the adopted Valley Transportation Plan
3. Gn to 5%-Program Administration
• Revenue Estimate—$0.7 million(FY 2011);(unused funds to be disbursed through Countywide
Progam)
• Eligible Expense Categories:
o Expense directly related to administration,oversight,programming,repotting,surveys,initial
election ballot and auditing accounting of the program.
o Annual prthlic report of expenditures