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1997-040-Execute An Agreement With The Santa Clara Valley Transportation Authority, For Clean Air Funds Approved By The Bay Area Quality Management District For FY 1996/97RESOLUTION 1997 - 40 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS TO AUTHORIZE TOWN MANAGER TO EXECUTE AGREEMENT WITH THE SANTA CLARA VALLEY TRANSPORTATION AUTHORITY, FOR CLEAN AIR FUNDS APPROVED BY THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT FOR FY 1996/97 WHEREAS, in October 1991, Governor Wilson signed into law Assembly Bill (AB) 434 authorizing the Bay Area Air Quality management District (Air District), in conjunction with the Department of Motor Vehicles, to collect a $4.00 surcharge on motor vehicle registration paid within the Air District's jurisdiction; and WHEREAS, the surcharge provides funding for the Air District's Transportation Fund for Clean Air, which is distributed to public agencies to implement projects to reduce air pollution from motor vehicles in accordance with the requirements of the State law; and WHEREAS, the Santa Clara County Valley Transportation Authority, and the Air District has allocated transportation funds for clean air for FY 1996/97 in the amount of $225,000 to the Town of Los Gatos for an Alternate Fuels Demonstration Project; and WHEREAS, the Town's share of transportation funds will be used to offset cost to construct a compressed natural gas fueling facility. THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Town Manager is authorized to execute an agreement with the Santa Clara County Valley Transportation Authority for Transportation Funds for Clean Air in the amount of $225,000. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 5TH day of May, 1997 by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Jan Hutchins, Linda Lubeck, Mayor Joanne Benjamin NAYS: None ABSENT: None ABSTAIN: None SIGNED: �'� ��7�,✓ — J-t�YOR OF THE TOWN O L S GATOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA TJ .;N �LcftK SANTA CLARA COUNTY TRANSIT DISTRICT CONGESTION MANAGEMENT PROGRAM TRANSPORTATION FUND FOR CLEAN AIR AGREEMENT FY 1996 - 1997 This Agreement is between the Santa Clara County Transit District, also known as the Santa Clara Valley Transportation Authority, (VTA) and the Town of Los Gatos (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 1996 -1997. Section 1. Description Of Project(s) And Monitoring Requirement Sponsor agrees to implement the Alternative Fuels Demonstration project as described in the project summary designated as Attachment A. which is attached hereto and incorporated herein, for a TFCA grant amount not to exceed $225,000.00 (does not include local matching funds). Sponsor shall comply with all project monitoring requirements as described in Attachment B which is attached hereto and incorporated herein. Section 2. Expenditure Of Funds Sponsor shall submit invoices to VTA for eligible costs incurred to implement the project in monthly intervals. Sponsor shall include auditable back -up documentation (time sheets, bills, etc.) with each invoice. Upon review of invoice and documentation, VTA shall 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, 1996, will be considered reimbursable expenditures. Funds for the project (s) described in this Agreement not invoiced by February 1, 1999, shall no longer be available for said project (s) and will be reprogrammed by VTA, at its discretion, to other eligible projects in Santa Clara County. 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 project (s) described in this Agreement. Sponsor shall, during the implementation of the project (s) and for (3) years following completion of the project (s) described in this Agreement, make available to VTA, the Bay Area Air Quality Management District (BAAQMD), LG_9697.DOC 1 of 3/25/97 8. To require that any recipients of funds allocated through this Funding Agreement maintain employee time sheets documenting those hourly costs incurred in the implementation of the projects described in Attachment A, which are paid with funds received under this Funding Agreement; or to use an alternative method, approved in advance by the VTA to document staff costs charged to the funded project. 9. To keep necessary records of the performance of the project or projects as specified in Attachment A in order to expedite evaluation of emissions reductions achieved from implementation of the project or projects. 10. To submit an annual report to the VTA within (2) months of the end of the fiscal year which itemizes (a) the expenditure of the funds, (b) progress to date in the implementation of each funded project or projects and (c) the results of the monitoring of the performance of the project or projects as specified in Attachment A. Annual reports are to be submitted until all projects listed in Attachment A are completed. 11. 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: 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. 12. To credit the 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. 13. 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 recipients of funds for projects funded under this Agreement to do the same. 14. 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. 15. To require that the Sponsor either obtain approval for alternate use, or return to VTA 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 VTA shall be proportional to the percentage of funds originally used to purchase the vehicle(s). Any such funds returned to the VTA shall be reallocated to eligible projects approved by the VTA and BAAQMD. LG_9697.DOC 3 of 4 3/25/97 Section 6. Amendments Amendments to this Agreement, including modifications to the project (s) 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 2 c7 1997. ate TOWN OF LOS GATOS ponsor) DAVID W. KNAPP, To anager APPROVED AS TO FORM: LtkR �I1 SF}l Town Attorney ATTEST: SANTA CLARA COUNTY TRANSIT DISTRICT (jsTA) PETER M. CIPOLLA, Gen ral Manager APPROVED AS TO FORM: LG_9697.DOC 4 of 4 3/25/97 isel ATTACHMENT A 1996/97 TFCA 40% Program Project Summary for the Town of Los Gatos Total of 1 Project(s) Project #1 Project Description Project Title: Alternative Fuels Demonstration Description: Purchase of 1 100 -200 cfm CNG fueling station. Project Cost Grant Amount: $225,000 Local Match: $125,000 Total Cost: $350,000 Lei .L" V �Q U U n b r O Q C O o. 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