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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