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HomeMy WebLinkAboutReso - CC - 103-1998RESOLUTION 1o3-98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE MAYOR TO SIGN AGREEMENT WITH THE SAN MATEO CITY/COUNTY ASSOCIATION OF GOVERNMENTS FOR FUNDING OF THE FREE BEE COMMUTER SHUTTLE FOR 1998-1999 RESOLVED, by the City Council of the City of Burlingame: WHEREAS, the San Mateo City/County of Association of Governments (C/CAG) has approved $87,000 to fund the commuter operations of the City's Free Bee Commuter Shuttle for 1998-1999;and WHEREAS, the Free Bee Shuttle Service has been very successful in attracting people traveling between the Bayfront, Broadway, Burlingame Avenue, and the train stations; and WHEREAS, C/CAG's funding will ensure that the commuter hours are fully funded for the 1998-1999 fiscal year, NOW, THEREFORE, IT IS ORDERED: 1. The Agreement attached hereto as Exhibit A is approved, and the Mayor is authorized to execute the Agreement for and on behalf of the City of Z. The City Clerk is directed to witness the Mq#ys �iOaturep�behalf of the City. I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the—5 th day of October ,1998, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE CITY CLERK FUNDING AGREEMENT BETWEEN THE CITY/COUNTY ASSOCIATION OF GOVERNMENTS AND i!I3MV5,11111 This Funding Agreement (Agreement) is made and entered into between the City/County Association of Governments (C/CAG), hereinafter referred to as "Program Manager," and the City of Burlingame, hereinafter referred to as 'Project Sponsor" on the date shown on Page 6. Attachment A, which specifies the project covered by this Agreement is hereby incorporated into this Agreement by this reference. SECTION I RECITALS: 1) The Bay Area Air Quality Management District, hereinafter referred to as "Air District" is authorized under Health and Safety code Section 44223 to levy a fee on motor vehicles. Funds generated by the fee are referred to as the Transportation Fund for Clean Air (TFCA) and are used to implement projects to reduce air pollution from motor vehicles. 2) Health and Safety Code Section 44241 limits expenditure of collected revenues to specified transportation control measures included in the plan adopted pursuant to Health and Safety Code Sections 40233 and 40717 and limits the allocation of the funds to public agencies within the Air District's jurisdiction. 3) Health and Safety Code Section 44241(c) stipulates that forty (40) percent of funds generated within a county where the fee is in effect shall be allocated by the Air District to one or more public agencies designated to receive the funds. 4) The Air District has been notified, in a communication dated July 29, 1992, that the Program Manager is the duly authorized recipient of forty (40) percent of the funds collected in San Mateo County, and has been so designated by resolutions adopted by the San Mateo County Board of Supervisors and by the City Councils of a majority of the cities representing a majority of the population in the incorporated area of the county. The resolutions specify the terms and conditions for the expenditure of funds by the Program Manager. 5) C/CAG has been designated, by previous resolutions, as the overall Program Manager for San Mateo County. 6) On April 9, 1998, the Program Manager approved projects for TFCA funding totaling $1,261,174, including $87,000 to fund the Free Bee Shuttle (hereinafter referred to as "Project"). 7) The Program Manager and Project Sponsor, pursuant to Health and Safety code Section 44241, hereby enter into this Funding Agreement to implement the specified project to improve air quality in the San Francisco Bay Area Air Basin. This Agreement covers the project specified in Attachment A. SECTION II PROJECT SPONSOR AGREES: 1) To apply all funds received under this Agreement to the project described in Attachment A consistent with the mutually agreed to terms and conditions contained in this Agreement. 2) To maintain, at all times during the term of this Agreement, a separate account or sub - ledger for all funds received under this Agreement and to withdraw funds from this separate account. 3) To maintain, or cause to be maintained adequate records to document and demonstrate to the Program Manager, Air District staff and auditors the receipt and expenditures of TFCA funds. 4) To allow the Program Manager and the Air District to audit all expenditures relating to the project funded through this Agreement. For the duration of the project as described in Attachment A and for three (3) years following completion of the project, Project Sponsor will make available to the Program Manager or to an independent auditor selected by the Air District all records relating to project performance and expenses incurred in implementing the project. 5) To maintain employee time sheets documenting those hourly labor costs incurred in the implementation of the project described in Attachment A, which are paid with funds received under this Funding Agreement, or to establish an alternative method to document staff costs charged to the funded project. 6) All TFCA funds allocated to a recipient will be distributed on a cost reimbursement basis, on the basis of documented legitimate expenditures for the intended purpose of the approved project. Costs will be reimbursed only to the amount of the TFCA funds authorized by this Agreement. In no event shall the Program Manager be required to provide any funding to the Project Sponsor under this Agreement unless such funds are first provided to the Program Manager by the Air District. 2 7) To keep necessary records of the performance of the project specified in Attachment A in order to expedite evaluation of emissions reductions achieved from implementation of the project. 8) To submit a report to the Program Manager within (2) months of the end of each fiscal year which itemizes (a) the expenditure of the funds, (b) progress to date in the implementation of the funded project and (c) results of the monitoring of the performance of the project as specified in Attachment A. 9) To use the Air Districts approved logo (Attachment B) for the TFCA project implemented directly by the Project Sponsor under this Agreement, as specified below: a) the logo will be used on signs posted at the site of any construction; b) the logo will be displayed on any vehicles operated with or obtained as part of a project; C) the logo will 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. 10) To credit the Air District as a funding source in any related articles, news releases or other publicity materials for the project funded under this Agreement which are implemented directly by the Project Sponsor. 11) All funds received under this Agreement shall be expended only in accordance with all applicable provisions of the law for the project which is implemented directly by the Project Sponsor. 12) 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. 13) TFCA funds used for the purchase of any vehicle(s) must either obtain approval from the Program Manager for alternative use of the vehicle(s) or return to the Program Manager any funds realized from the sale of any vehicle(s) purchased with TFCA funds if such reuse or sale occurs within the industry standards for the useful life from the date of purchase of the vehicle(s). The amount of funds returned to the Program Manager shall be proportional to the percentage of TFCA funds originally used to purchase the vehicle(s). 14) Project Sponsor will complete the project by September 30, 2000. 15) Project Sponsor must sign this Funding Agreement within sixty (60) days after it has been transmitted to them by the Program Manager in order to remain eligible for the granted TFCA funds. Program Manager may grant a one-time extension of thirty (30) days to the applicant for just cause. 16) Unless authorized by the Program Manager, if no status reports and/or reimbursement requests are received from the Project Sponsor within one (1) year from the date of execution of the Agreement the project will be considered for cancellation and the funds reprogrammed. SECTION III PROGRAM MANAGER AGREES: 1) To distribute TFCA funds allocated to the Project Sponsor only on a cost reimbursement basis, on the basis of documented legitimate expenditures for the intended purpose of the approved project. Costs will be reimbursed only to the amount of the TFCA funds authorized by this Agreement. In no event shall the Program Manager be required to provide any funding to the Project Sponsor under this Agreement unless such funds are first provided to the Program Manager by the Air District. 2) Reimburse costs from the execution of this Agreement through September 30, 2000. 3) To provide timely notice prior to conducting an audit. 4) To provide the Project Sponsor, and any other requesting party, a copy of the fiscal and performance audits as specified in Section 44242 of the Health and Safety Code. 5) To provide the Project Sponsor with a standard format and content summary for the report described in Section II.9 above. SECTION IV IT IS MUTUALLY AGREED: 1) Term: Agreement will remain in effect for three (3) years after the completion of the project defined in Attachment A, unless it is terminated as provided below. 2) Termination: Either party may terminate this Agreement at any time by giving written notice of termination to the other party which shall specify the effective date thereof. Notice of termination under this paragraph shall be given at least ninety (90) days before the effective date of such termination. This Agreement will also terminate at the end of the fiscal year during which the City/County Association of Government loses designation as Program Manager for San Mateo County. 3) Indemnity: Project Sponsor shall indemnify and save harmless the Program Manager from all claims, suits or actions resulting from the performance by Project Sponsor of its duties under this Agreement. Program Manager shall indemnify and save harmless the Project Sponsor from all claims, suits or actions resulting from the performance by Program Manager of its duties under this Agreement. In the event that, for any reason the Air District seeks return of the funds granted to the Project Sponsor, the Project Sponsor shall indemnify the Program Manager in the amount the Program Manager is required to return to the Air District under the funding Agreement dated September 1998. 4) Notices: 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 U.S. Postal Service mail, or by certified mail (return receipt requested), to the address set forth below, or to such addresses which may be specified in writing to the parties hereto. Richard Napier, Executive Director City/County Association of Governments 10 Twin Dolphin Drive, Suite C-200 Redwood City, CA 94065 Rahn Becker, Finance Director City of Burlingame 501 Primrose Road Burlingame, CA 94010 5) Additional Acts and Documents: Each party agrees to do all things and take all such actions, and to make, execute and deliver such other documents and instruments, as shall be reasonably requested to cavy out the provisions, intent and purpose of this Agreement. 6) Integration: This Agreement represents the entire agreement of the parties with respect to the subject matter described in this Agreement, and no representation, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in other contemporaneous written agreements. 7) Amendment: This Agreement may not be changed, modified or rescinded except in writing, signed by all parties hereto, and any attempt at oral modification of the Agreement shall be void and no effect. 8) Independent Contractor: Project Sponsor renders its services under this Agreement as an independent contractor. None of the Project Sponsor's agents or employees shall be agents or employees of the Program Manager. This paragraph does not apply to elected officials serving concurrently on the governing boards of the Project Sponsor, Program Manager or the Air District. 9) Assignment: This Agreement may not be assigned, transferred, hypothecated, or pledged by any party without express written consent of the other party. 10) Severability: Should any part of this Agreement be declared unconstitutional, invalid, or beyond the authority of either party to enter into or cant' out, such decision shall not affect the validity of the remainder of this Agreement which shall continue in full force and effect; provided that, the remainder of this Agreement can, absent the excised portion, reasonably be interpreted to give the intentions of the parties. 11) Force Majeure: Neither the Project Sponsor, Program Manager or the Air District shall be liable or deemed to be in default for any delay or failure in performance under this Funding Agreement or interruption of services, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, war, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, or any similar cause beyond the reasonable control of the Project Sponsor, Program Manager or the Air District. 12) Governing Law: This Funding Agreement shall be construed and interpreted and the legal relations created thereby shall be determined in accordance with the laws of the State of California. IN WITNESS WHEREOF, Project Sponsor and Program Manager have entered into this Funding Agreement as of the date listed below. FOR PROJECT SPONSOR: by: Mike Spinelli, Mayor City of Burlingame Approved as to legal form: by: Legal Counsel City of Burlingame FOR PROGRAM MANAGER by: Date:_ Rosalie M. O'Mahony, Chair City/County Association of Governments Approved as to legal form: by: Legal Counsel City/County Association of Governments Attachment A San Mateo County CMA FY1998199 PROJECT INFORMATION A. Project Number: 98SM04 B. Project Sponsor: City of Burlingame C. Project Contact: Rahn Becker D. Contact Phone #: (650) 696-7222 E. Project Title: Free Bee Shuttle F. TFCA $ Allocated: $ 87,000 G. Total Project Cost: $ 91.000 Other Funding: Amount Source $4,000 Businesses H. Project Description: Continue operation of shuttle service between the Burlingame Avenue, Broadway, Millbrae CalTrain stations and the businesses along Rollins Road, Bayshore Highway, Airport Blvd, and Burlingame Avenue. This shuttle has 10 runs per day and operates 5 days per week. The 5 morning runs occur between 6:30am and 8:53am, and the 5 afternoon runs occur between 3:30pm and bpm. The shuttle operates 40.5 revenue miles per day. I. Project Schedule: Start Date (mo/yr) July 1998 Completion Date (molyr) June 1999 (For fulfillment of monitoring requirements.) J. Monitoring Requirements: Project sponsor is to submit the monitoring data specified on Project Monitoring Form 1 based on one year of operational data. The results of the most recent passenger survey should be included. BAAQMD Approved TFCA Funding Application for Program Managers Page 10 Attachment A San Mateo County CMA PY1998199 Date PROJECT MONITORING FORM 1 Ridesharing; Shuttle/Feeder Bus; Regional Transit Information; Rail -Bus Integration Projects TFCA Project # Project Title: Project Sponsor: Contact: Phone: TFCA $ Expended: Project Start Date: - Total Project Cost: Completion Date: 1. Project Description: For ridesharing projects, describe and quantify the target population, e.g. total employees at how many work sites, or total students at how many schools. Describe the service, incentive, or information provided (e.g. amount, duration, eligibility criteria for incentives), and quantify the number of individuals who requested the service orincentive (e.g. the number who received a transit subsidy, guaranteed ride home, etc.). Include the total cash value of the incentives/vouchers actually distributed/used. For shuttle/feeder bus service projects, provide the service schedule, a route map and one year of operational data including average daily ridership, total annual boardings, and miles of service. 2. Vehicle Trips Reduced by Project: Provide data on the vehicle trips that were reduced by the project, based upon the prior travel mode of users (e.g. # drive alone commuters who switched to alternative mode). If the project has several components, provide the data for each project component on a separate line. Project Component # Trips Reduced Per Da One-Wa # Days Per Year Avg. One -Way Trip Distance # Trips / Day (One -Way) # DaysAvg. Per Year One -Way' Trip Distance 3. New Access Trips: Provide data on any new vehicle trips that were generated by the project, such as new trips to access a transit station or a Park & Ride lot. Project Component # New Access Trips Per Day (One -Way) # Days Per Year Avg. One -Way Trip Distance # Trips / Day (One -Way) # DaysAvg. Per Year One -Way' Trip Distance 4. Shuttle / Vanpool Trips Generated by Project: Provide data on any new shuttle or van trips that were generated by the project. Vehicle Type Passenger Capacity Model Year Fuel type # Trips / Day (One -Way) # DaysAvg. Per Year One -Way' Trip Distance 5. Monitoring methodology: Explain the methodology used to generate the data provided above. If survey was performed, provide the response rate and a copy of the survey instrument and results. Provide data on prior (pre -project) travel mode of project beneficiaries. Attach supporting documentation as needed. BAAQMD Approved TFCA Funding Application for Program Managers Page 3 ATTACHMENT B 0 n� Reso. No. 7959 I P� 0