1995-097-Execute Agreement With Santa Clara County Transit District Congestion Management Program To Accept AB 434 Funds Under The Vehicle Registration Fee Program For FY 1994-95RESOLUTION 1995 - 97
RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING TOWN MANAGER TO EXECUTE AGREEMENT WITH
SANTA CLARA COUNTY TRANSIT DISTRICT CONGESTION MANAGEMENT
PROGRAM TO ACCEPT AB 434 FUNDS UNDER THE VEHICLE REGISTRATION
FEE PROGRAM FOR FY 1994/95
WHEREAS, in October 1991, Governor Wilson signed into law Assembly Bill (AB) 434,
authorizing the Bay Area Air Quality Management District (BAAQMD) to impose a surcharge
on motor vehicle registration paid within its jurisdiction; and
WHEREAS, the surcharge provides funding to reduce vehicle emissions through
alternative fuel technologies; and
WHEREAS, the Santa Clara County Transit District is the designated agency to distribute
local funding made available as part of Santa Clara Counties allocation from the Bay Area Air
Quality Management District for FY 1994/95; and
WHEREAS, the Santa Clara County Transit District has programmed $22,500.00 of the
funds available in FY 1994/95 for AB 434 funds to sponsor to be used for the alternate fuels
demonstration project; and
WHEREAS, the Town's share of AB 434 funds will be used to offset purchase price for
one natural gas vehicle.
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 the
attached agreement with the Santa Clara County Transit District Congestion Management Program
to accept AB 434 funding in the amount of $22,500.00.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 17th day of July, 1995 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck,
Mayor Patrick O'Laughlin
NAYS: None
ABSENT: Joanne Benjamin
ABSTAIN: None
SIGNED: J�
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
R*y13M
CLERK OF THE TOWN OF LOSATOS
LOS GATOS, CALIFORNIA
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SANTA CLARA COUNTY TRANSIT DISTRICT��
CONGESTION MANAGEMENT PROGRAM L; ;
AB 434 40% FUND TRANSFER AGREEMENT - FY 1994/95
This Agreement is made on , between the Santa Clara County Transit
District (hereinafter SCCTD), and the TOWN OF LOS GATOS (hereinafter SPONSOR).
Section 1. PURPOSE OF AGREEMENT
The purpose of this Agreement is to specify the terms and conditions for the advancement of
funds made available from the AB 434 Vehicle Registration Fee program for FY 1994/95. As
program manager in Santa Clara County, SCCTD will annually program the AB 434 40% funds
collected for Santa Clara County. SCCTD will receive advancements of these funds from the
Bay Area Air Quality Management District (BAAQMD), which will then be advanced to project
sponsors, pursuant to this Agreement.
Section 2. DESCRIPTION OF PROJECT
SCCTD has programmed $22,500 of the funds available in the 1994/95 Santa Clara County
allocation of the AB 434 40% funds to SPONSOR to be used for the Alternate Fuels
Demonstration Project as described in the attached Project Summary sheet.
Section 3. ADVANCEMENT OF FUNDS
Funds for the 1994/95 program will be advanced to SCCTD from BAAQMD in two installments
pursuant to a funding agreement between SCCTD and BAAQMD for the FY 1994/95 program
finalized March 1, 1995. Advancements from BAAQMD will be made within ten (10) working
days of March 1, 1995, and April 1, 1995, respectively. Prior to the disbursement of funds,
SPONSOR must submit to SCCTD a "Request for Advancement of Funds" form. The initial
advancement shall be no more than 75% of SPONSOR's grant amount. SPONSOR shall submit
an additional request each quarter. If SPONSOR has funds remaining but chooses not to request
an advancement for the upcoming quarter, a "Request for Advancement of Funds" form must still
be completed with the appropriate information. Request for Advancement of Funds" forms
must be submitted to SCCTD within 30 days following the end of each quarter until SPONSOR
expends all funds and /or closes out the project. If no form is received, SCCTD will withdraw
any future advancement of fiords to SPONSOR until a form is submitted. In order to expedite
SPONSOR disbursements, proper, complete, and thorough documentation must accompany each
"Request for Advancement of Funds" form. SPONSOR must complete the "Request for
Advancement of Funds" form and provide documentation that all previous advancement of fiords
have been expended or encumbered prior to any additional advancements. For reimbursement of
finds, it is acceptable for SPONSOR to submit an invoice to the SCCTD along with
documentation of funds spent.
Section 4. DOCUMENTATION OF EXPENDITURES
SPONSOR will submit a report to SCCTD within two (2) months of the end of each fiscal year
which itemizes the expenditure of funds. SPONSOR will, for the duration of this project and for
three (3) years following completion of the project, make available to SCCTD, BAAQMD, or to
an independent auditor, all records relating to expenses incurred in implementing this project.
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Section 5. INDEMNIFICATION
SPONSOR and SCCTD 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
SCCTD employees, for any and all liability caused by the negligence or wrongful act of
SPONSOR or SCCTD arising out of the performance of this Agreement, and to pay all claims,
damages, judgments, legal costs and attorney's fees related thereto. It is also understood and
agreed that, pursuant to Government Code Section 895.4, SPONSOR and SCCTD 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 SCCTD under this Agreement or in connection with any work, authority or
jurisdiction delegated to SPONSOR or SCCTD under this Agreement.
Section 6. NON - DISCRIMINATION AND AFFIRMATIVE ACTION
During performance 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 affinnative action to assure that applicants are lawfully employed, and that
employees are lawfully treated during their employment, without regard to their race, religion,
color, national origin, ancestry, physical disability, medical condition, marital status, age or sex.
Such action shall include, but not be limited to, the following: Employment upgrading, demotion,
transfer, recruitment and recruitment advertising, layoff and termination, rates of pay and other
forms of compensation, and selection for training.
Section 7. AMENDMENTS
Amendments to this Agreement, including modifications to the project described herein, shall be
made in writing, and signed by both parties.
TOWN OF LOS GATOS SANTA CLARA COUNTY
( "SPONSOR ") TRANSIT DISTRICT ( "SCCTD ")
DAVE KNAPP, Town Manager
ATTEST:
MARIAN COSGROVE, Town Clerk
APPROVED AS TO FORM
AND LEGALITY:
LARRY ANDERSON
Town Attorney
PETER M. CIPOLLA, General Manager
ATTEST:
SANDRA WEYMOUTH, Secretary
Board of Directors
APPROVED AS TO FORM
AND LEGALITY:
KEVIN D. ALLMAND
Legal Counsel