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CM Commuter Mode Tracker Funding AgreementCommuter Mode Tracker Funding Agreement # A-FY18-19 This Funding Agreement is effective on the date shown below between the Transportation Authority of Marin, hereinafter referred to as "TAM," and the City of San Rafael, hereinafter referred to as the "RECIPIENT." SECTION 1. Purpose of Funding Agreement The Purpose of this Funding Agreement, hereinafter referred to as "AGREEMENT," is to specify the terms and conditions for the distribution of TAM's Measure B Vehicle Registration Fee funds made available to TAM for the implementation of commute alternative programs. SECTION 2. Scope and Obligations TAM shall reimburse RECIPIENT up to $4100 in Measure B Vehicle Registration Fee funds for the development, testing, and reporting of the commuter mode tracker software to track green commute trips. The Recipient shall provide TAM with information to determine options for larger scale rollout of trip tracker software to support Marin County's employer and employee commute alternatives program. RECIPIENT agrees to accept ownership, control, and ongoing maintenance of the commuter mode tracker. RECIPIENT shall request payment from TAM for reimbursement of costs associated with the implementation of the commuter mode tracker by submittal of invoices and supporting documentation. SECTION 3. Reimbursement of Cost RECIPIENT shall return any funds realized from the sale of equipment purchased with TAM's Measure B Vehicle Registration Fee funds. SECTION 4. Term of Funding Agreement This AGREEMENT shall remain in effect on the date shown below until: 1) the scope of work is completed and the final reimbursement request has been approved by TAM, 2) this AGREEMENT has been terminated as provided in Section 5, "Termination," or 3) the expiration date, June 30, 2018, which ever comes first. SECTION 5. 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 article shall be given at least ninety (90) days before the effective date of termination. SECTION 6. Performance Evaluation RECIPIENT shall maintain records in order to provide a summary of the outcome achieved from the implementation of this project. SECTION 7. Identification RECIPIENT shall identify TAM as a funding provider for the project. RECIPIENT shall credit in any related articles, news releases or other publicity materials for the projects funded under this AGREEMENT that are implemented directly by RECIPIENT. SECTION B. Audit and Inspection of Records RECIPIENT shall allow TAM, if necessary, or an independent auditor to audit all expenditures and to inspect all records relating to project performance in implementing the project for the duration of this AGREEMENT and for three (3) years following the initiation of service. TAM shall provide timely notice prior to conducting an audit of project costs. SECTION 9. Indemnification RECIPIENT shall indemnify and save harmless TAM, its directors, officers, agents, and employees from all claims, suits or actions resulting from the performance by RECIPIENT of its duties under this AGREEMENT. TAM shall indemnify and save harmless RECIPIENT, its directors, officers, agents, and employees from all claims, suits or actions resulting from the performance by TAM of its duties under the AGREEMENT. SECTION 10. Miscellaneous RECIPIENT performs the terms and conditions of this AGREEMENT as an entity independent of TAM. None of RECIPIENT'S agents or employees shall be agents or employees of TAM. This AGREEMENT may not be assigned or delegated by either party without the express written consent of the other party. Each party shall be solely responsible for and shall bear all of its own respective legal expenses in connection with any dispute arising out of this AGREEMENT and the transactions hereby contemplated. RECIPIENT may not use TAM funds other than for the aforementioned purpose. The parties have entered into this Commuter Mode Tracker Funding Agreement A-FY18-19 to be executed as dated below. RECIPIENT Jim Srhutz Name (Print) City Manager, City of San Rafael Title -S— Sign ture Date ��- Page 2 of 2 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: City Manager Project Manager: Cory Bytof Extension: 3407 Contractor Name: Transportation Authority of Marin Contractor's Contact: Scott McDonald Contact's Email: smcdonald@tam.ca.gov ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER Project Manager DEPARTMENT ... ......... .._.....-.—....-- Project Manager — -- a. Email PINS Introductory Notice to Contractor DATE Check/Initial 1 C hokil/eXe to 6,d�,te. IX ,Agreement executed by Council authorized official;-7— enle7 b. Email contract (in Word) & attachments to City 5/1/2018 CB City Attorney Atty c/o Laraine.Gittens@cityofsanrafael.org C�IMand 2 a. Review, revise, and comment on draft agreement return to Project Manager k1d ktcj-�1 b. Confirm insurance requirements, create Job on ch1 I]e�y'e to PINS, send PINS insurance notice to contractor enbftate. 3 Project Manager Forward three (3) originals of final agreement to Click here to ❑ contractor for their signature enter a date. 4 Project Manager When necessary, * contractor -signed agreement N/A agendized for Council approval *PSA > $20,000; or Purchase > $35,000; or Or Public Works Contract > $125,000 Click here to Date of Council approval enter a date. ��i 9 City Clerk Attest signatures, retains original agreeent and forwards copies to Project Manager �J�j4 S I I (g �N A PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 6 City Attorney City Attorney City Manager/ Mayor Review and approve hard copy of signed agreement Review and approve insurance in PINS , d bonds (for Public Works Contracts) 7 8 ,Agreement executed by Council authorized official;-7— ��i 9 City Clerk Attest signatures, retains original agreeent and forwards copies to Project Manager �J�j4 S I I (g �N A