HomeMy WebLinkAboutReso - CC - 095-1999RESOLUTION NO. 95-1999
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING FUNDING AGREEMENT WITH SAN MATEO COUNTY CITY/COUNTY
ASSOCIATION OF GOVERNMENTS FOR FUNDS TO SUPPORT THE FREE BEE
COMMUTER SHUTTLE BETWEEN THE BAYFRONT, BROADWAY, AND
BURLINGAME AVENUE COMMERCIAL AREAS
RESOLVED, by the City Council of the City of Burlingame:
WHEREAS, the City has contracted for provision of the Free Bee Shuttle between the
Bayfront, Broadway, and Burlingame Avenue Commercial Areas to provide ready commuter access
between worksites, service providers, and transit locations; and
WHEREAS, Clean Air Act (AB 434) funds provide most of the funding for this service; and
WHEREAS, the San Mateo County City/County Association of Governments (C/CAG)
oversees these funds and an agreement between the City and C/CAG is required in order to provide
the funding necessary for 1999/2000,
hereto.
NOW, THEREFORE, IT IS RESOLVED AND ORDERED:
1. The Mayor is authorized and directed to execute the Agreement contained in Exhibit 1
2. The Clerk is directed to attest to the signature of the Mayor.
MAYOR
I, JUDITH A. MALFATTI, City Clerk ofthe City ofBurlingame, do hereby certify that the foregoing
resolution was introduced at a regular meeting of the City Council held on the 8 day of September
1999, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ul, ILL��
DEPUTY CITY CLERK
IF IX ht i$ 1T
FUNDING AGREEMENT
BETWEEN
THE CITY/COUNTY ASSOCIATION OF GOVERNMENTS
AND
CITY OF BURLINGAME
99SM04
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 8, 1999, the Program Manager approved projects for TFCA funding totaling
$1,063,288, including $78,523 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.
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 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, 2001.
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.8 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.
Teri Williams, Program Manager
City/County Association of Governments
555 County Center, 5th Floor
Redwood City, CA 94063
Rahn Becker
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 carry 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 carry 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:
Mary Janney, Mayor
City of Burlingame
Approved as to legal form:
by:
Leg ounsel
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
RUG -17-1999 08 50 CCAG
650 637 1589 P.02i02
40%Application San Mateo County CMA FY199912000
PROJECT INFORMATION
A.
Project Number.
_X 99
M04
B. Project Sponsor: X
City of Burlingame
C.
Project Contact:
X Rahn
Becker
D.
Contact Phone #: (650) 696-7222
E. Project Title: X Free Bee Shu
F. TFCA $ Allocated: $ X 78,523 G. Total Project Cost: $ X 93,000
Other Funding: Amount Source
X 14,477 X SamTrans (administration)
H. Project Description: X The application Is for a shuttle bus presently operating during morning and afternoon
commute hours between Burlingame businesses along the Rollins Road - Bayshore Highway - Airport Blvd.
Corridor and the Burlingame Avenue and Broadway train stations. The shuttle also passes in proximity to the
Millbrae train station and picks up several passengers who disembark at that station to take advantage of the
CalTrain zone change that takes place between Millbrae and Broadway.
I. Project Schedule: Start Date (molyr) X July 1. 1999 Final Report Due Date (molyr) X
July. 2000
J. Final Report Content: X Description of service provided including one year of operational data, i.e. average
daily ridership, total annual boardings, annual miles of service. A ridership survey to determine prior trip mode
of shuttle passengers is to be conducted if there is no prior survey ridership data to make this determination.
K. Attach copy of cost-effectiveness worksheet. Cost-effectiveness worksheets are not needed for the following
project types: RIDES Regional Rideshare Program; electric vehicle charging infrastructure; natural gas vehicle
fueling infrastructure; clean air vehicle demonstration incentives for passenger cars, pick-up trucks, and vans
with a GVW of 10,000 lbs, or less.
L. Comments (if any):
8AAQM13 TFCA Funding Application for Program Managers Page B
TOTAL P.02