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in future years, the preparation of application forms with the statistical and <br />operating information that may be required in connection therewith to the extent <br />that information to be included therein must be obtained from the records for the <br />SHUTTLE PROGRAM maintained by CITY pursuant to this Agreement. <br />(c) CITY will cooperate with ALLIANCE in the preparation of grant <br />applications for continuance of funding for the SHUTTLE PROGRAM or grant <br />funds to finance increases in the levels of service provided by the SHUTTLE <br />PROGRAM. <br />(d) CITY will, from time to time, assist ALLIANCE in the conduct of <br />marketing and promotion activities for the SHUTTLE PROGRAM, contingent <br />upon the availability of capacity to handle any increased ridership that may result <br />from such efforts. <br />(e) The parties acknowledge that ALLIANCE is not intended to be a source of <br />grant funds or loans for the SHUTTLE PROGRAM and it is not the intention of <br />this Agreement to obligate ALLIANCE to provide continuing financing for any <br />operating deficits of the SHUTTLE PROGRAM. <br />(f) In the event of any default by a PARTICIPATING EMPLOYER in the <br />payment of a required contribution for the SHUTTLE PROGRAM, or any loss or <br />delay in receipt of grant money from any funding agency (if applicable), CITY <br />may incur an out-of-pocket expense for operation of the SHUTTLE PROGRAM <br />pursuant to Section 2(e) above. To commence SHUTTLE PROGRAM, CITY <br />agrees to contribute $25,000 covering the months of April through June of 2007. <br />Thereafter, the CITY agrees to contribute up to $75,000 per fiscal year to support <br />SHUTTLE PROGRAM and ALLIANCE may reduce service to eliminate any <br />anticipated funding deficit for SHUTTLE PROGAM. <br />3. Determination of Annual Operating Pro>;ram and Budget. <br />(a) CITY and ALLIANCE shall meet during the first quarter of each calendar <br />year to establish the budget and operating program for the next fiscal year, which <br />shall run from July lst to June 30` . The budget shall be based upon the amount of <br />grant funding which has been awarded to ALLIANCE by FUNDER and any other <br />funding agencies, plus the amount expected to be contributed by the <br />PARTICIPATING EMPLOYERS for payment of operating expenses of the <br />SHUTTLE PROGRAM. The budget and operating program shall be approved in <br />writing by the City Manager of CITY and the Executive Director of ALLIANCE <br />and, except as otherwise provided in Section 2(f) of this Agreement, the budget <br />and operating program shall not thereafter be modified without the written <br />approval of both parties. <br />Peninsula Traffic Congestion Relief Alliance Page 5 January 2007 <br />HANSONSF_1302526_2 (2).doc <br />1302526.2 <br />