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97-036 Santa Clara Co. Transit District Congestion Mgmt. Program for Clean Airl SANTA CLARA COUNTY TRANSIT DISTRICT CONGESTION MANAGEMENT PROGRAM TRANSPORTATION FUND FOR CLEAN AIR AGREEMENT FY 1997/1998 This Agreement is between the Santa Clara County Transit District, also known as the Santa Clara Valley Transportation Authority (VTA) and the 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 in Santa Clara County for Transportation Fund for Clean Air (TFCA) 40% 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 40% funds to Sponsor for fiscal year 1997-1998. Section 1. Description Of Projects And Monitoring Requirement Sponsor agrees to implement the Stevens Creek Blvd. Traffic Management and Alternative Fuels Demonstration projects as described in the project summary designated in Attachment A, which is attached hereto and incorporated herein, for a TFCA grant amount not to exceed $103,000 (does not include local matching funds). Sponsor shall comply with the project schedule and monitoring requirements as described in Attachment B which is attached hereto and incorporated herein. Section'2. Expenditure Of Funds Sponsor shall submit invoices in quarterly intervals to VTA for reimbursement of eligible costs incurred to implement the projects. 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 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, 1997 will be considered reimbursable expenditures. Funds for the projects described in this Agreement which are not claimed for reimbursement by invoices submitted prior to February 1, 2000, shall no longer be available for said projects and will be reprogrammed by VTA, at its discretion, to other eligible projects in Santa Clara County. cup_9798.DOC 1 of 4 November 24, 1997 Section 3. Documentation Of Expenditures Sponsor shall submit a report to VTA within 2 months of the end of each fiscal year which itemizes the expenditure of funds for the projects described in this Agreement. Sponsor shall, during the implementation of the projects and for 3 years following completion of the projects described in this Agreement, make available to VTA, BAAQMD, and an independent auditor selected by BAAQMD all records relating to expenses incurred in implementing the projects described in this Agreement. Section 4. Indemnification Sponsor shall defend, indemnify and save harmless the Authority 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 Agrees: A. To maintain, or cause to be maintained, adequate records to fully document the receipt and expenditures of BAAQMD funds and any interest accrued thereon, while in the Sponsor's accounts or control. B. To apply all interest accrued from funds received under this Agreement towards projects approved by the VTA Board of Directors. The distribution of any such interest to projects other than for which the funds were originally intended shall be at the discretion of the VTA after consultation with BAAQMD. C. To return to VTA any funds and 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 VTA and BAAQMD. D. To limit administrative costs in the handling of these funds to no more than five percent of the funds received under this Agreement. E. To allow 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 shall promptly furnish the request of VTA or BAAQMD, or an independent auditor selected by 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 of three years after final payment hereunder. F. To maintain employee hourly time sheets documenting the time spent by Sponsor's employees for each project paid with funds received under this Agreement; or to use an alternative method, approved in advance by VTA or BAAQMD, to document staff costs charged to this grant. G. To require that any recipients of funds allocated through this Agreement to promptly furnish at the request of VTA or BAAQMD, or an independent auditor selected by VTA or BAAQMD, all cup_9798.DOC 2 of 4 November 24, 1997 records relating to project performance and expenses incurred in implementing the projects for which funding was received. Such obligation shall extend for the duration of the projects described in Attachment A and for three years following completion of the projects. H. To require any recipients of funds allocated through this Agreement to maintain hourly employee time sheets documenting the time spent by contractors or consultants who are paid by the hour in the implementation of the projects described in Attachment A with funds received under this Agreement; or to use an alternative method, approved in advance by VTA or BAAQMD, to document staff costs charged to the funded projects. I. To keep necessary records of the performance of the projects as specified in Attachment B to expedite evaluation of emissions reductions achieved from implementation of the projects. To submit an annual report to VTA within two months of the end of each fiscal year which itemizes (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 projects as specified in Attachment B. Annual reports shall be submitted until all projects listed in Attachment A are completed. K. 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: (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 a project; (3) the logo shall 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. L. To credit 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. M. 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 other recipients of funds for projects funded under this Agreement to do the same. N. 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. O. To require that the Sponsor either obtain approval for alternate use, or return to VTA, any funds realized from the sale or other disposition of any vehicles purchased with TFCA funds if such 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 cup_9798.DOC 3 of 4 November 24, 1997 vehicles. Any such funds returned to VTA shall be reallocated to eligible projects approved by VTA and BAAQMD. Section 6. Amendments Amendments to this Agreement, including modifications to the projects 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 the latest date shown below. City of Cupertino (Sponsor) Dated:, .JW7 , l . Brg6n" Cily Manager Approved To For z: Charles T. Kilian, City Attorney Santa Clara County Transit District (VTA) Dated: Peter M. Cipolla, General Approved As To Form: A, Robert A. Weers, Senior Assistant Counsel cup_9798.DOC 4 of 4 November 24, 1997 ATTACHMENT A 1997/98 TFCA 40% Agreement Project Summary for the City of Cupertino Total of 2 Projects PUBLIC WORKS ,IA 1 ,,'-f 19,9 Project #1 Project Description Project Title: Alternative Fuels Demonstration Description: Purchase or lease of a minimum of one (1) electric vehicle Project Cost Grant Amount: $25,000 Local Match: $10,000 Total Cost: $35,000 Project #2 Project Description Project Title: Description: Stevens Creek Blvd Traffic Management This project will update the coordination of 19 traffic signals for two traffic control systems on Stevens Creek Blvd. and Wolfe Rd. in Cupertino. Stevens Creek Blvd. is a principal arterial on the Congestion Management Program network. Wolfe Rd. is a four -lane arterial between Stevens Creek Blvd. and Homestead Rd. These arterial corridors contain four (4) Congestion Management Program intersections, located at Rte. 280, Rte. 85 and De Anza Blvd. The project scope includes development of traffic signal timing plans and the purchase of advanced signal controllers. Project Cost Grant Amount: $78,000 Local Match: $ 0 Total Cost: $78,000 cup_9798.DOC Attachment A 11/24/97 N N 0 ii Ell H N a) E UC<0'0O O m -t ��L= p _O M >, 0 C OQ () O a) a) U M L N Q Q N Q ca .— U Q) U O C O (a a) (n .`— �'O C LO E LO LO Q) 'C C (n 4- O a) >, ) Q) •� to U a) r E 07 a (a a) a) .p -p OL -p O Q) Q O O U Y N (a 3 (a - C Q N E m 0 > w C U °' U O ` U Cr d M o a) •° E O N OU p Q) a C Q cn ate) ate) C m to E Q > L '� m� E d O a) a) (a O a) 2 a) O O Q a' O E O v> c 4 O O ` O 03 (a C .O U Q) 1 (a ` C (a a) Y m C N C 'LJ U U fl O a) a) a) L O U rn O> U p d +`� O d Q Q J p a) 0 0 0 m U a) a) 00 0007 O r y 07 O M O C) C p r N Q E a O a) w c p ca p Q) Q) a)¢ U L C- ia a) U a) CL U C C Q) (a m E Cn W U U � U L O m C U m ao���.�� m U a) C C C O Q7 C a) O CL ` 0) fl C U U >O m '� E> 70— a) O E .E (a �[ m L C > O a) O • > m(a ` U Y '� w Q) 0) C: N° O (DO Q U C g U) Oa �a)Qap(a° 0 E (II (n C Q) a C> `La E m U O a) a) F- a) Lo C N Q) @ fn p U!) 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Brown City Manager City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Dear Don: February 27, 1997 Enclosed for your records are certified copies of the AB 434 40% Fund Agreement for: • First Amendment FY 1994/95 • Agreement 1995/96 Enclosures Sincerely, Michael P. Evanhoe, Director Congestion Management Program 3331 North First Street • San Jose, CA 95134-1906 • Administration 408.321.5555 • Customer Service 408.321.2300 SANTA CLARA COUNTY TRANSIT DISTRICT CONGESTION MANAGEMENT PROGRAM TRANSPORTATION FUND FOR CLEAN AIR AGREEMENT This Agreement is between the Santa Clara County Transit District, also known as the Santa Clara Valley Transportation Authority (AUTHORITY) and CITY OF CUPERTINO (SPONSOR). This Agreement is made with reference to the following facts: A. AUTHORITY has been designated by the Cities of Santa Clara County and by the County as the Overall Program Manager in Santa Clara County for Transportation Fund for Clean Air (TFCA) 40% funds. B. Pursuant to that designation, AUTHORITY is responsible for disbursing TFCA 40% funds to eligible project sponsors in accordance with its Agreement with the Bay Area Air Quality Management District. C. This Agreement specifies the conditions under which AUTHORITY will reimburse TFCA 40% funds to SPONSOR for fiscal year 1995-1996. Section 1. DESCRIPTION OF PROJECT(s) AND MONITORING REQUIREMENT SPONSOR agrees to implement the Pedestrian/Bike Bridge at Calabazas Creek and Alternative Fuels Demonstration projects as described in the attached project summary designated as Attachment A for a TFCA grant amount not to exceed $132,000.00 (does not include local matching funds). SPONSOR further agrees to comply with all project monitoring requirements as described in Attachment B. Section 2. EXPENDITURE OF FUNDS SPONSOR agrees to submit to AUTHORITY invoices for eligible costs incurred to implement the project in monthly intervals. SPONSOR further agrees to include auditable back-up documentation (time sheets, bills, etc.) with each invoice. Upon review of invoice and documentation, AUTHORITY agrees to 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, 1995, will be considered reimbursable expenditures. Funds for the project (s) described in this Agreement not invoiced by March 1, 1998, shall no longer be available for said project (s) and will be reprogrammed by AUTHORITY, at its discretion, to other eligible projects in Santa Clara County. Section 3. DOCUMENTATION OF EXPENDITURES SPONSOR agrees to submit a report t AUTHORITY within 2) months of the end of each fiscal year which itemizes the expenditure olktWr rims Agreement. on file in the Secretary of the Board of Directors office. eAtfca\9596\INDAGMT.D0C Date - -, —/ "z V ` 7 l rev 6/96 SPONSOR further agrees, during the implementation of the project (s) and for3 years following completion of the project (s) described in this Agreement, to make available to AUTHORITY, the Bay Area Air Quality Management District AA MD the BAAQMD, all records relating to expenses incurred in implem implementing the project selected by in this Agreement. g P J (s) described Section 4. INDEMNIFICATION SPONSOR and AUTHORITY mutually agree to indemnify and hold each other harmless, their officers and employees, for any and all liability caused by the negligence or wrongful act of SPONSOR or AUTHORITY arising out of the performance of his Agreement, and to pay all claims, damages, judgments, legal costs and attorney's fees related hereto. It is also understood and agreed that, pursuant to Government Code Section 895.4, SPONSOR and AUTHORITY shall fully indemnify and hold each other harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by SPONSOR or AUTHORITY under this Agreement or in connection with any work, authority or jurisdiction delegated to SPONSOR and AUTHORITY under his Agreement. Section 5. NON-DISCRIMINATION AND AFFIRMATIVE ACTION During the term of this Agreement, SPONSOR, its employees and subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical disability, medical condition, marital status, age or sex, and shall take affirmative action to assure that applicants are lawfully employed, and that employees are lawfully treated during heir employment, without regard to their race, religion, color, national origin, ancestry, physical disability, status, age or sex. Such action shall include, but not be limited to, he following: condition employm nit upgrading, demotion, transfer, recruitment and recruitment advertising, layoff and termination, rates of pay and otherforms of compensation, and selection for training. Section 6. AMENDMENTS Amendments to this Agreement, including modifi be made in writing, and signed by both parties. cations to the project (s) described herein, shall CITY � CUPERTINO ("Spot'40$ °'y1 DON BROWN, City Manager APPROVED AS TO FO �.� CHARLES T. KILIAN, City Attorney e Afca\9596\INDAGMT. DOC SANTA CLARA COUNTY TRANSIT DISTRI "AU O Z'") PETER M. CIPOLLA, General Manager APPROVED AS TO FORM: KEVIN D. ALLMAND, Legal Counsel 2of2 rev 6/96 1995/96 AB 434 40% Program Project Summary for the City of Cupertino Total of 3 Project(s) Attachment A Project #1 Project Description Project Title: Pedestrian/Bike Bridge at Calabazas Creek Description: The pedestrian/bike bridge project would allow a continuous bike route to be established from one end of town to the other. the bridge would cross Calabazas Creek at Regnart Creek between East Estates Drive and Miller Avenue. Project Cost Grant Amount: $70,000 Local Match: $30,000 Total Cost: $100,000 Project #2 Project Description Project Title: Alternative Fuels Demonstration Description: Purchase of 1 electric vehicle. Project Cost Grant Amount: $25,000 Local Match: $5,000 Total Cost: $30,000 Project #3 Project Description Project Title: Alternative Fuels Demonstration Description: Purchase of one (1) electric vehicle Project Cost Grant Amount: $37,000 Local Match: $0 Total Cost: $37,000 I A `� YN N co N L. 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