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HomeMy WebLinkAboutMINUTES - 09151998 - C88-C92 • Contra TO: BOARD OF SUPERVISORS - Costa FROM: DENNIS M. BARRY, AICP County COMMUNITY DEVELOPMENT DIRECTOR DATE: September 15, 1998 SUBJECT: CONTRACT AMENDMENT WITH THE CONTRA COSTA CENTRE ASSOCIATION FOR THE TDM PROGRAM AT THE PLEASANT HILL BART STATION AREA FOR 1998-99 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION 1. Approve and authorize the Chair of the Board to sign an amendment to the agreement with the Centra Costa Centre Association to manage the Transportation Demand Management (TDM) program for the Pleasant Hili BART Station Area during 1998-99, revising the payment provisions and increasing the payment limit by $30,300 from $320,450 to $350,750, to include the replacement of three commuter vans. (See Exhibit A); . Approve and authorize the Chair of the Board to sign an agreement with the Contra Costa Transportation Authority, in substantially the form presented, for a $44,281.89 grant from the Contra Costa Program Manager's Transportation Funds for Clean Air to replace three commuter vans serving the Centra Costa Centre Association. (See Exhibit B); and 3. Direct the Community Development Director to deposit up to $44,281.89 in grant funds from the Contra Costa Program Manager's Transportation Fund for Clean Air into the Pleasant Hill BART Station Area TDM Fee Account. FI$CAL IMPACT None to County general funds. The Pleasant Hill BART Station Area TDM Program is funded by the Pleasant Hill BART Station Area TDM Fee Account. CONTINUED ON ATTACHMENT: X YES SIGNATUREJY ' RECOMMENDATION OF COUNTY ADMINISTRATOR � RECOMMENDATION OF BOARD COMM! EE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON Se2tember 15, 1998 APPROVED AS RECOMMENDED VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS �ABSENTon� } AND CORRECT COPY OF AN ACTION TAKEN AYES. NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Steven Goetz (9251335-1240) ATTESTED cc: Community Development Department (CDD) PHIL BATCH LOR, CLERIC OF Contra Costa Centre Assn. (via CDD) THE BOARD OF SUPERVISORS Contra Costa Transportation Auth. (via CDD) AND COUNTY ADMINISTRATOR NroupsicdadpooRsgoetzl98amend.bo DEPUTY Agreement with Centra Costa Centre Association September 15, 1998 Page 2 BACKGROUND/REASONS FOR RECOMMENDATIONS On December 18, 1998, the Contra Costa County Board of Supervisors approved sponsorship of a grant application by the Contra Costa Centre Association to help fund the acquisition of three new vans to replace existing vans which have accumulated a high mileage and are expensive to maintain. The Contra Costa Transportation Authority, on behalf of the Bay Area Air Quality Management District; has approved the grant in the amount of$44,281.89. This Board Order amends the existing agreement with the Contra Costa Centre Association to include the replacement of three commuter vans, approves a Cooperative Agreement with the Contra Costa Transportation Authority to receive the grant funds, and directs the Community Development Director to deposit the grant funds in the Pleasant gill BART TDM Fee Account which was established to support the Transportation Demand Management {TDM} Program for the Pleasant Hill BART Station Area. EXHIBIT A AMENDMENT TCS PROJECT AGREEMENT PLEASANT HILL BART STATION AREA TDM PROGRAM 1998-99 1, A rc,�eement Identification. Department: Community Development Department Subject: Allocation of Pleasant Hill BART Station Area TDM Fee Account for TDM Program 2. Parties. The County of Contra Costa, California, hereinafter called 'County", and the following named Contractor mutually agree and promise as follows: Contractor: Contra Costa Centre Association Address: 1350 Treat Boulevard, Suite 1803 Walnut Creek, California 94598 3. Amendment Date. The effective date of this Amendment is September 1, 1998 and it terminates June 30, 1999 unless sooner terminated as provided herein subject to all terms, conditions, and assurances contained or incorporated herein. 4. Amendment Specifications. The Agreement identified above is hereby amended as set forth in "Attachment B" attached hereto which are incorporated herein by reference. . Sic-natures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA,-CALIFORNIA CONTRACTOR P F BY: N .� ICY. �+ 1 +kt sir �..Y.e... .. .m...... ._._..__ Jim Rogers, Chair- Pat C 'Brienp President Boar8 f Supervisors Contra Costa Centre Association DATE: . DATE: ATTEST: Phil Batchelor, BY: Clerk of the Ly ette Ta-nner�Bustor � Board of Supervisors Executive Director and County Administrator Contra Costa Centre Association BY: ,-�4 L Z-,e . _ DATE. _ b Deputy Recommended by Department BY: Dennis M. Barry, Director Community Development Department Form Approved: County Counsel BY: : Deputy { Attachments Amendment Specifications hMwood'a home dNvetphhast98.amd 2 ATTACHMENT B AMENDED SEPTEMBER 1, 1998 CONTRA COSTA CENTRE ASSOCIATION TDM PROGRAM 1998-99 BUDGET JANUARY 1, 1998 TO JUNE 30, 1999 Salaries Executive Director $23,000 TDM Coordinator $29,000 Clerical $13,000 Total Salaries $65,000 Overhead (,66% of salaries) $43,000 Retirement (10% of TDM Coordinator Salary) $2,900 Payroll Taxes $6,000 TDM Program Marketing $26,000 Printing $3,500 Program Promotion (survey) $16,000 Pass Program $3,500 Postage/Dues $3,000 Contingency $5,000 Shuttle Operations $42,000 Operators $36,000 Fuel $3,750 Maintenance $1,500 Marketing $750 Vanpool Operations $125,550 Fuel $33,000 Insurance $52,500 Maintenance $30,000 Vehicle Registration $3,750 Cleaning $3,600 CSAR $1,350 Medical Exams $1.350 Van Replacement Purchase of three(3) 9998 Dodge Rare leans;twelve $90,300 (12) passenger,Model 3504 vehicles. (includes decals warranty; flooring,tax and license) Financial Services $3,000 Subtotal $410,750 Vanpool Income ($601000) TOTAL $350,750 3 MASTER COOPERATIVE AGREEMENT NO. 43-00.55 BETWEEN CONTRA COSTA TRANSPORTATION AUTHORITY AND CONTRA COSTA COUNTY This AGREEMENT is made and entered into as of this 1st day of July, 1998,by and between CONTRA COSTA COUNTY,hereinafter referred to as "SPONSOR," and the CONTRA COSTA TRANSPORTATION AUTHORITY,hereinafter referred to as "AUTHORITY." RECITALS 1. AUTHORITY and.SPONSOR,pursuant to the Contra Costa Transportation Improvement and Growth Management Expenditure Plan and Ordinance, hereinafter referred to as "Measure C," adopted on August 3, 1988, and approved by the voters of Contra Costa County on--November 8, 1988, hereby desire to enter into a cooperative agreement. 2. SPONSOR desires one or more projects to reduce air pollution from motor vehicles and/or to relieve traffic congestion,hereinafter referred to as "PROJECT,"eligible under the Carpools,Vanpools, and Park and hide Lots program category of Measure C, and/or under the Transportation Fund for Clean Air Program, hereinafter referred to as "TFCA,"which is funded through the Bay Area Air Quality Management District,hereinafter referred to as "DISTRICT,"pursuant to Health and Safety Code Section 44220 et seq. 3. Pursuant to Measure C, AUTHORITY is committed to make available up to $8,600,000 in 1988 dollars for projects eligible under the Carpools, Vanpools, and Park and Ride Lots program category. These funds,hereinafter referred to as Measure C Carpool Funds,may be made available to SPONSOR to help fund PROJECT. Measure C Carpool Funds are allocated on an annual basis by resolution.of AUTHORITY. AUTHORITY anticipates that SPONSOR will supplement Measure C Carpool Funds with revenues from other eligible sources. 4, AUTHORITY has been designated by resolution adopted by Contra.Costa County and a majority of the incorporated cities within Contra Costa County having a majority of the population within the incorporated portion of Contra Costa County as Program Manager for TFCA projects within the County. In accordance with Funding Agreement#98-CC ("Funding Agreement")between DISTRICT and AUTHORITY,the AUTHORITY has agreed to act as Program Manager for TFCA funds to be expended on projects within Contra Costa County. A copy of Funding Agreement is attached to this AGREEMENT as EXHIBIT A and I incorporated by this reference. Unless otherwise indicated herein,the term TDM GRANT refers to any Measure C Carpool Funds and/or TFCA funds appropriated to a PROJECT under this AGREEMENT. 5. AUTHORITY,on April 15, 1998, approved Resolutions 98-09-G and 98-05-G, specifying projects to he funded with TDM GRANT in FY 1998-99. NOW,THEREFORE,in consideration of the foregoing,the AUTHORITY and SPONSOR do hereby agree as follows: SECTION I SPONSOR AGREES; 1 For each PROJECT approved and funded by AUTHORITY,to apply TDM GRANT received under this AGREEMENT to PROJECT(s) consistent with the terms and conditions specified in Funding Resolutions No. 98n09-G(TFCA) and 98-05-G(Measure C Carpool Funds)approved by the AUTHORITY; and with the information contained in the TFCA/MSC Project Summary, the Application/Project Fact Sheets, and the Project Budget Summary, attached to this AGREEMENT as EXHIBIT B and incorporated by this reference. 2. To provide invoices consistent with the process and format set forth in EXHIBIT C (Method of Reimbursement),EXHIBIT C-1 (Reimbursement Request Form), and EXHIBIT C-2 (Project Expenditure Summary),which are attached to this AGREEMENT and incorporated by this reference. 3. To allow AUTHORITY and DISTRICT, or any independent auditor selected by either,to audit all expenditures relating to each PROJECT funded through this AGREEMENT. For the duration of each PROJECT, and for four(4)years following completion of the PROJECT,or earlier discharge of the AGREEMENT, SPONSOR shall make available to AUTHORITY and DISTRICT, or any independent auditor selected by either,all records relating to expenses incurred in performance of this AGREEMENT. 4. To submit to AUTHORITY six Project Status Reports on the following dates: • October 30, 1998 • January 29, 1999 • April 30, 1999 October 29, 1999 January 31, 2000 • April 28, 2000 2 Project Status Reports are to be prepared in accordance with AUTHORITY's format as presented.in EXHIBIT"D (Project Status Report)which is attached to this AGREEMENT and made a part hereto by reference. 5. To submit to AUTHORITY an annual report for each project on the following dates: • August 31, 1999 • August 31, 2000 The annual reports are to be prepared in accordance with DISTRICT''s format as specified in Section II,paragraph 14 of Funding Agreement. 6. To provide overall management of PROJECT(s) including responsibility for schedule,budget, and oversight of services performed by others and to be responsible for evaluation, selection, and management of consultants and contractors. 7. Upon request,to provide copies to AUTHORITY of all executed contracts and other PROJECT documents between SPONSOR and others involved in PROJECT. Copies of such executed contracts shall be retained for four(4) years following completion of PROJECT" or earlier discharge of the AGREEMENT. 8. If PROJECT involves construction or capital acquisition,to install a sign approved by the AUTHORITY that identifies Measure C and the Contra Costa Transportation Authority as a funding source, if applicable. If TFCA funds are used for any project, SPONSOR shall use the DISTRICT'S logo in accordance with Section II, paragraph 15 of Funding Agreement. 9. To comply with AUTHORITY's Policy on Disposition of Surplus.Personal Property Acquired by a Project Sponsor or Recipient of Program Funds and.No Longer Required for the Project or Program(the "Surplus Personal Property Policy")with respect to the disposal of any surplus property acquired in whole or part with Measure C Carpool Funds. This policy is attached hereto and incorporated herein, as EXHIBIT E (Surplus Personal Property Policy). To the extent that surplus personal property has been purchased, in whole or in part,with TFCA funds, SPONSOR shall comply with the provisions of Funding Agreement with respect to that pro rata portion of the surplus personal property . 10, If PROJECT involves right-of-way acquisition,to follow the requirements of state law and the Federal Uniform Acquisition and Relocation Assistance Act and, if applicable,to transfer net proceeds, after deducting auditable casts of sales,to AUTHORITY,resulting from the sale of excess lands purchased in whole or in part with Measure C Carpool Funds,in the same proportion to the net proceeds as the original contribution of?Measure C Carpool Funds was to the purchase price of the original parcel. To the extent that right-of-way has been acquired, in whole or in 3 part,with TFCA funds, SPONSOR shall comply with the provisions of Funding Agreement with respect to that pro rata portion of the right-of-way proceeds. 11. If PROJECT involves TFCA funds,to comply with all relevant requirements of applicable law relating to the application and/or expenditure of those funds and to be bound by, and to include in any funding or ether agreements which it may enter into with recipients of TFCA funds, all relevant requirements of Funding Agreement applicable to recipients of TFCA funds, including but not limited to,the provisions of Section II,paragraphs 10, 11, 12, 13, 16, 17, 18, 19,and 20 of Funding Agreement. SECCION 11 A HC, RITY AGREES,° 1. Consistent with the procedures specified in EXHIBIT C,EXHIBIT C-1, and EXHIBIT C-2,to reimburse SPONSOR for legitimate expenses incurred in conducting the PROJECT. 2. To provide timely notice if an audit is to be conducted. 3. If PROJECT involves TFCA funds,to comply with requirements of the Funding Agreement applicable to Program/Manager. ,SECTION III ITIS IVIU11JAi Y AGREED: : 1. r Qualified expenditures for PROJECT(s) approved under this AGREEMENT shall be eligible for reimbursement from TDM GRANT when incurred after June 30, 1998,provided they are consistent with the terms and conditions of this AGREEMENT,and provided that all requests for reimbursement are submitted to AUTHORITY staff no later than the date one year and ten months from the date AUTHORITY receives the first payment of TFCA funds from DISTRICT for the 1998-99 funding cycle. Upon receipt of the first payment of funds for the 1998-99 funding cycle,the AUTHORITY will notify SPONSOR.of the specific Termination Date via certified mail in a format consistent with EXHIBIT E (?Notice of Termination Date). Upon transmittal by AUTHORITY to SPONSOR of such.notification, Termination Date will be incorporated into and made a part of this AGREEMENT. If no such notice is transmitted,Termination Bate shall be 4 twenty-two (22)months from the date this AGREEMENT is executed. Termination Date may be modified only if mutually agreed to in writing by both SPONSOR and AUTHORITY,and with the written permission of DISTRICT. .Any appropriated but unexpended funds related to this AGREEMENT as of Termination Date shall revert to AUTHORITY and made available for other eligible projects, or shall be refunded to DISTRICT by AUTHORITY in accordance with Funding Agreement. To the extent that there are insufficient funds available to reimburse SPONSOR for the full amount appropriated herein, a pro rata portion of available Measure C Carpool Funds and/or TFCA Funds shall be distributed.to SPONSOR . This AGREEMENT will remain in effect until discharged or otherwise terminated as provided above or in Paragraph 2 below. 2. Dis am: This AGREEMENT shall be subject to discharge as follows: a. Either party may terminate this AGREEMENT at any time for cause pursuant to a power created by the AGREEMENT or by law, otherwise than for breach, by giving written notice of termination to the other]party which shall specify both the cause and the effective date of termination. Notice of termination under this provision shall be given at least ninety(90)days before the effective date of such termination. Payment shall be made by the AUTHORITY for all services rendered by SPONSOR.to the PROJECT pursuant to this AGREEMENT up to the time of termination, subject to any expenditure limits applicable to this AGREEMENT. b. This AGREEMENT may be canceled by a party for breach of any obligation, covenant, or condition hereof by the other party,upon written notice to the breaching party. With respect to any breach that is reasonably capable of being cured,the breaching party shall have 30 days from the date of the notice to initiate steps to cure, if the breaching party diligently pursues cure, such party shall be allowed a reasonable time to cure,not to exceed sixty (60)days from the Mate of the initial notice, unless a further extension is granted by the non-breaching party. On cancellation,the non-breaching party retains the same rights as a party exercising its right to terminate under the provisions of paragraph 2a, except that the canceling party also retains any remedy for breach of the whole contract or any unperformed balance. C. By mutual consent of both parties,this AGREEMENT may be terminated in writing at any time. 5 3. Cap on ag raga. t pendi#urs : In no event shall the portion of TDM GRANT funded with Measure C Carpool Funds, when aggregated with amounts of previously allocated TDM GRANTS Measure C Carpool Funds,exceed the Expenditure Plan program category amount set forth in Recital 3, nor shall the timing of payments to SPONSOR pursuant to this AGREEMENT, together with the timing of payments of Measure C Carpool Funds pursuant to all previously approved TDM GRANTS, exceed the amount allocated for such period pursuant to AUTHORITY's current Strategic Plan. Funds approved under the TFCA program by AUTHORITY as Program Manager for Contra Costa County included within such TDM GRANT or as a part of any previously approved TDM GRANT shall not be included in the calculations set forth in the preceding sentences. 4. Indemnity: It is mutually understood and agreed,relative to the reciprocal indemnification of AUTHORITY and SPONSOR: a. That neither AUTHORITY, nor any officer or employee thereof, shall be responsible for, and SPONSOR shall fully indemnify and Mold harmless AUTHORITY against any damage or liability occurring by reason of anything done or omitted to be done by SPONSOR under or in connection with any work, authority or jurisdiction delegated to SPONSOR under this AGREEMENT. It is also understood and agreed that,pursuant to Government Code Section 895.4, SPONSOR shall fully indemnify and hold AUTHORITY 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 under this AGREEMENT or in connection with any work, authority, or jurisdiction delegated to SPONSOR under this AGREEMENT. b. That neither SPONSOR, nor any officer or employee thereof, shall be responsible for, and AUTHORITY shall fully indemnify and hold harmless SPONSOR against any damage or liability occurring by reason of anything done or omitted to be done by AUTHORITY under or in connection with any work, authority,or jurisdiction delegated to AUTHORITY under this AGREEMENT and that,pursuant to Government Code Section 895.4, AUTHORITY shall fully indemnify and hold SPONSORharmless 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 AUTHORITY under this AGREEMENT or in connection with any work,authority, or jurisdiction delegated to AUTHORITY under this AGREEMENT. 6 5. 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 or by certified or registered mail, return receipt requested, to the addresses set forth below, or to such addresses which may be specified in writing by the parties hereto. Dennis U.I. Barry, AICD Director for Community Development Contra Costa County Community Development Department 651 Fine St., 4"Fl.North Wing Martinez, CA 94553-0095 Arielle E. L. Bourgart Assistant Director -} Contra Costa'Transportation Authority m�3 1344 Treat Blvd., Ste. 154 Walnut Creek, CA 94596 By executing this AGREEMENT, each of the parties acknowledges and agrees that the persons identified above, or any other person designated by either party to AGREEMENT by notice to the other party, is authorized to execute documents and to bind the party with respect to this AGREEMENT in accordance with the procedures set forth in Section III,paragraph 8 below. 6. Additional Acts and Documents° Each party agrees to do all such 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 the AGREEMENT. 7. Inte ration: This AGREEMENT represents the entire AGREEMENT of the parties with respect to the subject matter hereof. No representations, 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. 8. Amendment: SPONSOR may, at any time,request an amendment to the work scope of any PROJECT funded under this AGREEMENT by submitting such request to AUTHORITY in the format indicated in EXHIBIT B-1 (TDM Work Plan & Appropriation Revision Request), which is attached to this AGREEMENT and made a part hereof by reference. By completing, signing, and submitting an EXHIBIT B-1 to AUTHORITY, SPONSOR agrees to amend this AGREEMENT as specified. Upon the AUTHORITY's approval and execution of the submitted EXHIBIT B-1, this AGREEMENT will be amended per SPONSOR's request. 7 SPONSOR may, at any time,request an amendment to the budget of any PROJECT funded under this AGREEMENT by submitting such request to AUTHORITY in the format indicated in C-2 Adjustment Form (attached to EXHIBIT C),which is attached to this AGREEMENT and made a part hereof by reference. By completing,signing,and submitting an EXHIBIT C-2 Adjustment Form to AUTHORITY, SPONSOR agrees to amend this AGREEMENT as specified. Upon the AUTHORITY's approval and execution of the submitted EXHIBIT C-2 Adjustment Form,this AGREEMENT will be amended per SPONSOR's request. This AGREEMENT may not be changed, modified, or rescinded except in writing, signed by all parties hereto,and any attempt at oral modification of this AGREEMENT shall be void and of no effect. 9. Lug jQe SPONSOR renders its services under this AGREEMENT as an independent agency. None of the SPONSOR's agents or employees shall be agents or employees of the AUTHORITY. 10. Assignor MThis AGREEMENT may not be assigned, transferred,hypothecated, or pledged by any party without the express written consent of the other party. 11. B`n ing on ucces ori. Etc.° This AGREEMENT shall be binding upon the successor(s), assignee(s), or transferee(s) of AUTHORITY or SPONSOR as the case may be. This provision shall not be construed as an authorization to assign, transfer,hypothecate, or pledge this AGREEMENT other than as provided above. 12. &yerghMlyl Should any part of this AGREEMENT be determined to be unenforceable, invalid, or beyond the authority of either party to enter into or carry out,such determination 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,be reasonably interpreted to give effect to the intentions of the parties. 13. ,im; atio�n�. All obligations of AUTHORITY under the terms of this AGREEMENT are expressly subject to the AUTHORITY's continued authorization to collect and expend the sales tax proceeds provided by Measure C. If for any reason AUTHORITY's right to collect or expend such sales tax proceeds is terminated or suspended in whole or part, AUTHORITY shallpromptly notify SPONSOR, and the parties shall consult on a course of action. If after twenty-five (25)working days, a course of action is not agreed upon by the parties,this AGREEMENT shall be deemed terminated by mutual consent,provided that any fixture obligation to fund from the date of the notice shall be expressly limited by and subject to (i)the lawful ability of AUTHORITY to expend sales tax proceeds for the purposes of this AGREEMENT; and(ii)the availability,taking into consideration all the obligations of AUTHORITY under all outstanding contracts, agreements and other obligations of AUTHORITY, of funds for such purposes. 8 In addition, all obligations of the AUTHORITY hereunder with respect to TFCA funds are expressly subject to and limited by the terms of Funding Agreement and applicable provisions of state and federal law, including, but not limited to, provisions related to the AUTHORI`I'Y's designation as Program 'Manager. In the event that AUTHORITY loses its designation as Program Manager or otherwise becomes ineligible to receive TFCA funds or if for any reason, such TFCA funds are no longer available to it,AUTTHORITY's obligations hereunder shall be terminated without further obligation or liability to SPONSOR. 14. IgLaLCM1 The total east of this Agreement is$44,282 from Resolution No. 98-09- G(TFCA), and$0 from Resolution No. 98-05-G(Measure C Carpool funds), and will not exceed that amount unless amended in writing by all parties. CONTRA COSTA TRANSI'ORTATIOINT A[TTHORITY CONTRA COSTA COUNTY by: k by; Rober cCles � Jim ogers, Cher Executive Director Board of Superilisors ATTEST: . /V7� �; Phil Batchelor 2 Clerk of the Board of Supervisors and County Administrator by: APPROVED as to legal form and content: by: County Counsel Stan Ta for �r° -*O a ED OCTA Legal Counsel Deputy 9 EXHIBIT A FUNDING AGREEMENT BETWEEN THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT AND CONTRA COSTA TRANSPORTATION AUTHORITY 9S-CC This Funding Agreement(Agreement)is trade and entered into between the Contra Costa Transportation Authority, hereinafter referred to as Program Manager," and the Bay Area Air Quality Management District, hereinafter referred to as "Air District" on the date shown on page 5. Attachment A, which specifies the projects covered by this Agreement is hereby incorporated into this Agreement by this reference. SECTION I RECITALS: 1) The 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(TF+CA)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 treasures included in the plan adapted 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 September 16, 1992, that the Program Manager is the duty authorized recipient of forty(40)percent of the funds e6 lected in Contra Costa County, and has been so designated by resolutions adapted by the Contra Costa 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. S) The Air District and Program Manager, pursuant to Health and Safety Code Section 44241, hereby enter into this Funding Agreement to implement specified projects to improve air quality in the San Francisco Bay Area Air Basin. This Agreement covers those projects specified in Attachment A. SECTION II PROGRAM MANAGER AGREES; 1) To apply all funds received under this Agreement to the projects listed in Attachment A consistent with the mutually agreed to.ter-ms and conditions contained in this Agreement. 98-CC Page 1 of 5 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 only for the reimbursement of costs to implement approved projects. Failure to comply with this paragraph shall constitute grounds for termination pursuant to Section 1V.2 below. 3) To maintain, or cause to be maintained, adequate records to document and demonstrate to Air District staff and auditors the receipt, interest accrual, and expenditures of Air District funds. 4) To apply all interest accrued from funds received under this Agreement toward projects approved by the Air District Board of Directors. The distribution of any such funds shall be at the discretion of the Program Manager after consultation with the Air District. 5) To apply any funds and/or associated interest unencumbered at the time of completion or termination of an approved project or projects towards other projects approved by the Air District Board of Directors. The distribution of any such funds shall be at the discretion of the Program Manager after consultation with the Air District. 6) To return to the Air District any funds and/or associated interest unexpended within two years of the date of receipt of the funds unless a project schedule which extends beyond the two years has been approved by the Program Manager. 7) To limit administrative costs in the handling of these funds to no more than five(5)percent of the funds received and interest earned on those funds. 3) To allow the Air District to audit all expenditures relating to the projects funded through this Agreement. For the duration of the projects as described in Attachment A and for three(3) years following completion of the projects, Program Manager will male available to the Air District or to an independent auditor selected by the Air District all records relating to project performance and expenses incurred in implementing the projects. 9) To maintain employee time sheets documenting those hourly labor costs incurred by employees of the Program Manager,which:are paid with funds received under this Agreement to fulfill the Program Manager's obligations under this Agreement, or to establish an alternative method to document Program Manager staff costs charged to this grant. 10) To require that any recipients of funds allocated through this Funding Agreement shall,for the duration of projects as described in Attachment A and for three(3)years following completion of the projects, in a timely fashion mare available to the Air District or to an independent auditor selected by the Air District all records relating to project performance and expenses incurred in implementing the project or projects`for which funding was received. 11) To require that any recipients of funds allocated through this Funding Agreement maintain employee time sheets documenting those hourly labor costs incurred in the implementation of the projects 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. 12) To distribute TFCA funds allocated to any recipient of funds only on a cost reimbursement basis, on the basis of documented legitimate expenditures for the intended purpose of the approved project. 13) 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. 98-CC Page 2 of 5 14) To submit a report to the Air District within(4)months of the end of each 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 prepared and submitted in accordance with the Air District's format and will be submitted until all projects listed in Attachment A are completed. 15) To use the Air District's approved logo for the TI<CA for any projects implemented directly by the Program Manager 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 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. 16) To require all recipients of funds for projects funded under this Agreement to use the Air District's approved logo for the Tl~CA.as specified in Section H.15 above. 17) To credit the Air District as a funding source in any related article's, news releases or other publicity materials for the projects funded under this Agreement which are implemented directly by the Program.Manager, and to require recipients of funds for projects.funded under this Agreement to do the same. 18) To assure that all funds received under this Agreement are expendedonly in accordance with all applicable provisions of law for projects which are implemented directly by the Program Manager,and to require recipients offends for projects funded under this Agreement to expend the funds only in accordance with all applicable provisions of law. 19) 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 fends received through this Agreement, and to require recipients of funds for projects funded under this Agreement to do the same. 20) To require that any recipient of TPCA funds for the purchase of any vehicle(s)must either obtainapproval from the Program Manager for alternate use of the vehicle(s)or return to the Program Manager any funds realized from the sale of any vehicles(s)purchased with TFCA funds if such reuse lir sale occurs within the industry standards for the useful life from the date of purchase of the vehicle(s).-Thoamount of funds returned to the Program Manager shall be Proportional to the percentage ofTFCA funds originally used to purchase the vehicles(s). Any such funds returned to the Program Manager shall be reallocated to eligible projects approved by the Air District. SECTION III AIR DISTRICT AGREES: 1) To forward the funds for the projects described in Attachment A in two payments. The first payment will be forwarded within thirty(30)working days of the Air District receiving from the California.Department of Motor Vehicles all the revenues that comprise the payment. The first payment will represent forty(40)percent of the revenues generated from motor vehicles registering in Contra Costa County between January 1, 1998 and June 30, 1998, less Air District's management and audit costs. The second payment will represent forty(40)percent of the revenues generated from motor vehicles registering in Contra Costa County between July 1, 1998 and December 31, 1998, less Aar District's management and audit costs. The 98-CC Page 3 of 5 second payment will be forwarded within thirty(30)working days of the Air District receiving from the DMV all the revenues that comprise the payment. Paymentswill only be made after this Agreement has been signed by both the Program Manager and the Air District. 2) To provide timely notice prier to conducting an audit. 3) To provide the Program Manager, and any other requesting party, a copy of the fiscal and performance audits as specified in Section 44242 of the Health and Safety Code. 4) To provide the Program Manager with a standard format and content summary for the report described in Section 11.14 above. SECTION I'V' IT IS MI.T MALLY AGREED: 1) Term. This Agreement will remain in effect for three(3) years after the completion of all the projects listed 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 Contra Costa Transportation Authority loses designation as Program Manager for Contra Costa County. 3) Indemnity: Program Manager shall indemnify and save harmless the Air District from all claims, suits or actions resulting from the performance by Program Manager of its duties under this Agreement. Air District shall indemnify and save harmless Program Manager from all claims, suits lir actions resulting from the performance by Air District of its duties under this Agreement. 4) Notices: Any notice which may be required under this Agreement shalt be in writing, shall be effective when received, and shalt be given by personal service, by US. Postal Service mail, or by certified mail(return receipt requested), to the addresses set forth below, or to such addresses which may be specified in writing to the parties hereto. Robert McCleary,Executive Director Contra Costa Transportation Authority 1340'Treat Blvd., Ste. 150 Walnut Creek, CA Eiten Garvey Air Pollution Control Officer Day Area.Air Quality Management District 939 Ellis Street San Francisco, CA 94109 5) Contacts: Liaison with the Air District with regard to the day to day activities of the projects and programs included on Attachment A shall be with David Burch. Liaison with the Program Manager with regard to the day to day activities of the projects and programs included on Attachment A shalt be with Arielle Bourgart. Notification of change of status of contact persons shalt be made in writing within thirty(30) days. 6) Additional Acts and Documents: Each party agrees to do all such thugs and tape all such actions, and to mage, execute and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent and purpose of this Agreement. 98-CC page 4 of 5 7) 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. b) 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 this Agreement shall be void and of no effect. 9) Independent Contractor: program Manager renders its service under this Agreement as an independent contractor. None of the Program Manager's agents or employees shalt be agents or employees of the Air District. This paragraph does not apply to elected officials serving concurrently on the governing boards of both the Program Manager and the Air District. 10) Assignment: This Agreement may not be assigned, transferred,hypothecated, or pledged by any party without the express written consent of the other party. 11) 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 effect to the intentions of the parties. 12) Force Majeure: Neither the Air District nor Program Manager 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 Air District or Program Manager. 13) Governing Law: This Funding Agreement shall he construed and interpreted and the legal relations created thereby shall be determined in accordance with the laws of the State of California. IN WUNESS VdTREOF,Program Manager and Air District have entered into this Funding Agreement as ofthe date listed below. FOR PROGRAM MANAGER:- FOR AIR DISTRICT: C b by: Date: y: Robert Ieary, five Direct Ellen Garvey, Air P lutio n of Officer Contra Costa. anspo io thori Bay Area Air Quality nage t District Approved as to legal form: Approved as to legal form.: by: by: Legal tiounsel Legal Counsel Contra Costa Transportation Authority Bay Area Air Quality Manag District 98-CC Page 5 of 5 Attachment A Contra Costa County CMA FY1998199 SUMMARY INFORMATION Program Manager Names Contra CostaIrans ortation Authority Contact Gerson: Arielle Boureart _ Phone No.: (926)256-4728 Address: 13403 Treat Bou!g and Suite 160 Signature: on file Date: _ Executive Director MART A: NEW TFCA FUNDS 1. Estimated FY98/99 DMV revenues as reported by BAAQMD. bine 1a: 1x163.307 Adjustment between F"Y97198 estimate and actual revenue. Line 1b: Estimated FY97198 DMV revenues: Lute 1c: $ 1,160,129 Actual FY97f98 DMV revenues: Line Id: $ 1,169,485 (Line 1d minus Line 1c equals tine 1b) 2. interest income. Show Interest earned on TFCA funds in calendar year 1997, tine 2: $,",,, 100,0& 3. Total new TFCA funds. Add Lines 'I a, 1 b, and 2. Line 3. $ 1,262,663_ PART B: UNALLOCATED TFCA FUNDS 4. Total unallocated funds from previously funded projects and funds that have Line 4: $ 67-23T!, not been allocated to projects that are available for programming to new projects. Enter zero(0) if there are no unallocated funds. Include TFCA funds available due to project cancellation or projects completed under-budget, and funds not previously allocated. Complete and attach Summary Information Addendum. DART C: TOTAL.AVAILABLE TFCA FUNDS 5. Add Line 3 and Line 4. Line 5: $ 1.319,91}03-- PART D: M8 TFCA ALLOCATIONS 6. Total TFCA funds budgeted for administration. Lina 6: $ 58.165c (Mote: Lina 6 cannot exceed 6°!0 of Une 3.) 7. Total TFCA funds allocated to new projects.Show the total of all TFCA funds L ine 7: $ 1,2031,037�- allocated to new projects as shown on the attached project Information sheets. 8. Total allocations. Add Line 6 plus Line 7. Line 8: $ J-269244 (Note: Line 8 should not exceed the amount on Line 6.) BART E: UNALLOCATED FUNDS 9. Total unallocated funds. Subtract Lime 8 from Line 5. Enter zero(0)If all Line 9: $ 603x656 available Binds are allocated to new projects. Comments: A-Fiscal 199W7 interest income equals$131,113.For budgeting purposes,estimated FY 1998199 Interest Income of $100,000 has been judged as a source of funds for 19SW9. B-'this amount represents$29,713 in 1996197 funds and$27,624 in 1997198 funds. C-Administrative costs are currently budgeted at 6 percent of new TFCA funds. BAAQMD TFCA Funding Application for Program Manager's Page 11 Attachment A Contra Costa County CMA FY199$199 SUMMARY INFORMATION ADDENDUM Unallocated TFCA Funds Available for Reprogramming Auth Fiscal BAAQMD Project Sponsor Project;Name TFCA TFCA TFCA Code1 Index Year Project# Funds Funds Funds Allocated :Eic ended Available 946 M97 96CC07 City of Pleasant Hill College Transit 24,132 21,921 2,211 CP CrRANSPAC) Incentive Program 946 997 96CC09 City of Pleasant Hill Distance Learning 104,050 91,049 13,002 CP ( RANSPAC) Project 940 M97 96CC10 City of Orinda Demo Parking 25,140 12,969 12,171 CP (SWAT) Fnf.Vehicles 940 96-97 96CC11 City of Odnda Demo Recharging 3,620 2,254 11366 CP {SWAT) Station 0, M97 unallocated Funds 963 OF 0 97-98 unallocated Funds 27,524 OF Total 156,942 128,192 57,237 1: Enter CP for completed project. Enter CN for canceled project. Enter UF for unallocated funds. DAAt11ttD TFCA Funding Application for Program Managers Page 2 Attachment A Contra Costa County.CMA FY1998199 Date PROJECT MONITORING FORM I Ridesharing; Shuttle/Feeder Bus, Regional Transit Information; Rail-Bus integration Projects FTFCAoject# Project Sponsor: itle. Contact: Phone: TFCA $ Expended Total Project Cost: $ Project Mart Mate; Completion Cate: I. Project Description: For ri'desharing projects, describe and quantify the target population,e.g. total empleyaes at how many work sites, or total students at how many schools. Describe the service, incentive, or Information provided(e.g. amount, duration, eligibllrty criteria for Incenti(es), and quantify the number of Individuals who requested the service or Incentive(e,g. the number who received a transit subsidy,guaranteed ride home, etc.). Include the total cash value of the IncentivesNouchers actually dlstdbutewlused, For shuttlefeeder bus service projects,provide the service schedule, a route map and one,year of operational data Including average daily ridership, total annual hoardings, and miles of service. 2. Vehicle Trips Reduced by Project: Provide data on the vehicle trips that were reduced by the project, based upon the prior travel mode of users(e.g. #drive alone commuters who switched to alternative mode). If the project has several components,provide the data for each project component on a separate line. 3. New Access Trips. Provide data on any new vehicle trips that were generated by the project, such as new trips to access a transit station or a Park&gide lot, 4. Shuttle f Vanpool Trips Generated by Project: Provide data on any new shuttle or van trips that were generated by the project. N PIE I b, Monitoring methodology: Explain the methodology used to generate the date provided above. If a survey was performed,provide the response rete and a copy of the survey instrument and results. Provide data on prior(pro-project) travel mode of project baneficlades. Attach supporting documentation as needed. BAAC.t3f D TFCA Funding Application for Program Managers Wage 3 Attachment A Contra Costa County CMA PY199;199 Date PROJECT MONITORING FORM 2 Clean Air Vehicle Projects Use this form for clean air vehicle projects, Including Infrastructure, Attach additional sheets as needed TFCA Project# Project Sponsor: Project Title: Contact: Phone: TFCA $ Expended: $ Total Project Cost: $ Project Start Fete: Completion Cate: Total# of Vehicles Acquired:__ Provide the following infonnation for each clean air vehicle acquired with TFCA funds, lased upon one year of operational experfance: � a Provide the following infortnation re:disposition of vehicles that were replaced: If vehicles were scrapped,provide documentation that the VIN has been retired(engine block and frame/chassis destroyed). If vehicles were sold, submit vehicle saWrFCA reimbursement form. Make check payable to BayAArea Air(duality Mgmt, District and specify"Account 49"on the check. On a separate attachment describe any Issues or problems that arose due to the maintenance, refueling,or operation of the clean air vehicles or infrastructure funded. For refueling/recharging Infrastructure projects: I. Describe the refueling/recharging Infrastructure Installed. Describe technical specifications, manufacturer, and location. For electric vehicles, Indicate Inductive or deductive charging. 2. Indicate the number of vehicles that use the Infrastructure and submit data on the average fuel/bllectricity provided per month. 3. Describe policy re: public access to the Infrastructure. BAAQMD FPGA Funding Application for Program Managers Page 4 Attachment A Contra Costa County CMA FY1998199 Crete PROJECT MONITORING FORM 3 Bicycle Projects TFCA Project## Project Sponsor: Project Title: Contact. Phone: TFGA $ Expended: $ Total project Cost. Project Mart Date. Completion Date: Complete the section that applies to the type of bicycle project Implemented. Use additional sheets as needed. On Road Bicycle Improvements: Provide the following Information for each segment of project. User counts should be performed on a weekday during the May-September period(excluding Bike to Work Week). Post-project count should be performed 3-6 months after completion of the facility. Counts may be performed for the entire day, or during the am. and p.m. peak periods, I.e. 7-9 a.m.and 4-6 p.m. Pre-Project Count Post-Project t Count Bicycle Lockers and Racks. Rack user counts should be performed anytime between 16 a.m. and 2 p.m. during a weekday In the May-September period(excluding Bike to Work Week). , Lockers Racks Attach a reap showing location(s)of lockers/racks. Describe methodology to determine user data. For locker projects,attach results of a survey of locker users to determine the following: 1. prior travel mode(for similar trip before lockers were Installed) 2.average number of days per week commuting by bike before lockers were available 3.current number of days per week commuting by bike 4.average length of bicycle trip Note:Air District can provide a survey questionnaire upon request. Bicycle Racks on Buses:Count of rack users should be performed all day(7 a.m.to 6'p.m.)on a weekday In the May-September period(excluding Bike to Work Week). Police Bicycle Projects: (based upon one year of operation experience with the bicycles) z. R�db ."I BAAQMD TFCA Funding Application for Program Managers Page 5 Attachment A Contra Costa County CMA FY199sl99 PROJECT MONITORING FORM 4 -Arterial Management Projects date TFCA Protect# Project Sponsor: Project Title:__ Contact: Phone: TFCA $ Expended: _- Tate! Project Cost. $ - Project Stent Date: Completion Date: Complete Part 1 for signal tinning projects and Pert 2 for transit bus traffic signal prioritization projects. Part 1. 'Arterial Signal Timing Projects Use a separate repoffing farm for each road segment and congested period(i.e.AM peak and PM peak)affected by the project. Provide Information for both directions of traffic(e.g. N&S)using a separate Eine for each direction. Measure vehicle speed and traffic volume concurrently.The before project data shall be gathered within 3 months prior to construction and reported on Lines 1 and 2. The Initial post-project data shall be gAthered within I month after project completion and reported on Lines 3 and 4. The 2-year post project data shall be gathered 23 to 26 months after the construction of the project and reported on Lines 6 and 6. Attach map showing location(s)of re- timed traffic signals. Arterial/Segment Length(nearest 0.1 m€.) Congested Period. ~ J ME wm_ ME Is 1. Before Pro ect 2. Before Project 3. Past-Pro ect 4. Post- .Proeat 5. 2-yrs Post-Project 6. 2Q rs Post-Project Part 2,Transit Bus Traffic Signal Prioritization Projects Provide the following Information, using a separate column for each bus route that benefited from the project.The past-project survey should be performed 12 months after completion of the project improvements using an Air District approved ridership survey to determine the number of now riders who previously drove alone. 10 50i Averag e age of buses on mute Distance of bus route one wa gays per ear of serv'u - #Puns per da one-arra without project #Runs per da (one-way)with Prolect Avera a bus speed without pr ect Avera a bus s22ed with ppDject Avera a passengers per run withoutits ect Average passengers per run with project_ Average change In ridership on route over past 3 _yrs. Number of new riders who previously drove alone Attach map showing location(s)of traffic signals where transit signal prioritization systems were Installed. Indicate where other improvements were made to the arterial to improve transit speeds(e.g. bus bulbs,queue lames). SAACMC TFCA Funding Application for Program Managers Page 6 Attachment A Centra Costa County CIVIA FY1998199 PROJECT INFORMATION A. Project Dumber: 98CC15 B. Project Sponsor: - County of Contra Costa C. Project Contact: Steven Goetz D. Contact Phone#: (925)935-6387 E. Project Title: ---Long-distance Commute Van Replacement F. TFCA$Allocated: $44282 C. Total Project Cost: $_89,356 Other Funding: Amount Source $-4A,074 Contra Costa Centre Association M. Project Description: The Contra Costa Centre Association operates an employee trip reduction program as a condition of its development agreement with the County. The trip reduction program includes a vanpool program that targets long- distance commuters. The TFCA funds for this project will provide 50%of the cost to replace three existing vans that have reached the end of their useful life. Each of the new vans will have a capacity of 12 passengers. As a condition of approval,the Contra Costa Centre will create a vehicle replacement fund, as outlined in the April 22, 1998 memo from Linda Young-at Contra Costa Centre to David Burch at the Air District. A portion of monthly rider fares, as specified in the memo,will be deposited into the vehicle replacement fund to provide for replacement of the vanpool vehicles at the end of their useful life. 1. Project Schedule: Start Date(mo/yr) 7/98 Completion Date(molyr) 10/99 (For fulfillment of monitoring requirements.) J. Monitoring Requirements: Project sponsor Is to provide monitoring data as specified In TFCA.Project!Monitoring Form 1 based upon one year's operational data for the new vanpool vehicles. BAAQMD TFCA Funding Application for Program Managers Page 19 "C v y v EXHIBIT B (page 2) TRANSPORTATION FUND FOR CLEAN AIR CONTRA COSTA PROGRAM MANAGER(40%)APPLICATION f PROJECT FACT SHEET EY 199"9 SUMMARY INFORMATION 900C 15 1. Project Sponsor(Agency): Contra Costa County Project Manager:Steve Goetz Street Address: 651 Pine Street,N.Wing,4thFlr=Phone No. (925)3.359-12+0 C€ty/StatefZip: Martinez, CA 94553 FAX No. (925) 335-1299 2. Names/T'ltle of person with authorization to sign the Co-op Agreement with OCTA: Steve Goetz, Transportation Planner 8. Type of Project: (See Attachment A for project list.) Trip Reduction Projects 4. Project Name: Long-Distance Commute Van Replacement a. Project Budget: TFCA 40% Program Manager funds(this application) $ 44,281.89 TFCA 60% Regional funds(applied for through BAAQMB) $ Other(list each additional funding source) $_45,074.49 TDM Developer Fees Total: $ 89,356.:38 PROJECT INFORMATION (Please attach) 6. Project Description: a. A summary statement which Includes a description of exactly what the funds will be expended on,and the project scope. b. Any additional project attributes that you would like to have considered when this project Is evaluated. (See page 5 of the Reference wide for Information on allocation criteria.) c. The correct supplemental form, as Indicated In Attachment A,containing required Information for your specific project type. (This information will be used in part to evaluate the cost effectiveness of the project. Please refer to Attachment B for additional Information on cost effectiveness calculations.) 7. Project Schedule: Start Date(mo/yr) 7 98 Completion Date: (mo/yr) 7/98 8. Itemized AnnualProject Budget:(Please complete attached spreadsheet.) 9. Milestone Schedule: (Report on milestones will be submitted with °Timely Use of Funds" surveys, andlor quarterly Invoices.) Please see Attachment A Date: Mllestope_Descriptions: 10. Describe Project Monitoring: (Please refer to Attachment C for project monitoring requirements.) Please see Attachment A 11. Is this project supportive of the Action Plan goals for the subarea In which you are submitting this application? QYes ®No Explain. The project supplies vehicles for employee commute use in the subarea. 12. goes this project serve a disadvantaged community? (Defined in Attachment D.) Clyes Flo If yes,please attach documentation. CAWPF1L,S%'MMITMA%TI7CA App%Pn-fact9699.v N ON ° 6 V(-a � VA c� 51�s its e EXHIBIT B- 1 ,5 3 ��. Qs ital �., a j tr? t + tit t t E 1 l� tn C7 E '�om= 3 *411 i v iit tA �.e 'It y ; a v E 3 j Mt :. 00 00 It EXHIBIT B-1 r„i . ix FM1 Vii R� yip ��. ;�i•� �*'-4 L Gfa s < t i 1-41 E � j + » E } E CL w CZ A a EXHIBIT C METHOD OF REIMBURSEMENT I. SPONSOR shall be reimbursed on a cost reimbursement basis after submitting documented legitimate expenditures for the intended purpose of the approved PROJECT. 2. SPONSOR shall submit requests for reimbursement on at least a quarterly basis. Monthly requests are also permitted. 3. Within forty-Five(45)days following the end of each quarter, SPONSOR shall submit: A. A completed Reimbursement Request Form(EXHIBIT C-1); B. A Project Expenditure Summary showing project-to-date budgeted verses actual expenditures by budget line item and source of fiends. See Exhibit C-2 for required format. C. An itemized list of all costs(direct and indirect), including, but not limited to, salaries and benefits, equipment and supplies,professional development,travel, rents and leases, surveys,marketing,and training/workshops given. The listing shall denote which costs are direct project costs(TFCA or Measure C funded) and which casts are indirect administrative(Measure C funded)costs. Invoices shall be provided for all individual expenditures in excess of$250.00. D. Copies of time sheets prepared at least monthly which correspond to a pay period. The time sheets shall designate hours as either. 1) TFCA or Measure C(where applicable)direct PROJECT implementation hours; 2) Measure C indirect administrative hours,or 3) Unbillable(non-TFCA or non-Measure C funded)hours. If hours are for direct PROJECT implementation,the hours shall be identified to a specific PROJECT in the word plan. The time sheets shall be signed by the employee md the employee's supervisor having first-hand knowledge of the work performed by the employee. E. A summary of hours and hourly rate charged per project and per employee. The summary shall also indicate the composition of the hourly rate charged for each employee(salary versus benefits). F. Copies of payroll registers supporting the hourly rate charged for salaries for each employee. EXHIBIT C (page 4e The SPONSOR shall certify on the Reimbursement Request Form that funding is being requested for expenses incurred which have not been included in a previous request. 5, The AUTHORITY shall process payment to the SPONSOR within fifteen.(15)working days after receipt by the AUTHORITY of all the information required per items 2,4. above. The AUTHORITY reserves the right to adjust payment to the SPONSOR should expenditures include ineligible costs. 6. Funds remaining after completion.of PROJECT are to be refunded to the AUTHORITY within sixty(60)days after the final payment by SPONSOR for the PROJECT. C:\WPFILE ; Mss-99\Mr9g99000pEc-o.wpd MASTER COOPERATIVE AGREEMENT NO. 43.00.55 BETWEEN CONTRA COSTA TRANSPORTATION AUTHORITY AND CONTRA COSTA COUNTY RT T C-1 Reimbursement Request Form Program.Name: Date of Request.- Resolution equest:Resolution No.: Auth Index No. Fiscal Year Allocation: Cooperative Agreement No.: Org No./Source of Funds (check one) : 9588 Measure C 9593 TFCA Expenditures reported are for the quarter ended(check one): Sept 30th Dec 31st Mar 31st June 30th fear Reimbursement requested for expenditures paid during quarter � Certification Sponsor certifies that funding is being requested for expenses which have not been included in a previous reimbursement request. Sponsor certifies that costs reported are appropriately designated as either direct TFCA,direct Measure C, or indirect Measure C administrative costs. Submitted by Date C:\WPFILES\TDvtCoops\9899COINTRACOSTACOT-NTY-EX-C.wpd EXHIBIT C-2 Adjustment Form (Example) C 0 E a) s LL CY E E a 0 c� cu m X a te, c"s � :. a rt z rs 00o,* a (RRRgc o W E tifc � esr 0 C14 C14 0 8 CL W ti t7 U- 00 Ui .. Z 0 , C LU 8 _ E JU W car � a CL 0 #- yR `E7 rs` Q9 `C3 °C- Cs� v tl P92 +� L3 ea 0 o C� a C> sem ; us i a C j i c0 +!� u- > u,� a L� X, CL ca N t� M c C3 W cc w If tz CD C CL 0 LL z C7 0 � esa c� � � cy � t 0 *4 LL z a � �N LU cm � � � � t� � � LO g 0 LL �. »� srs u� � as ��j � � c o s _ tib 0 is CD � � � Ys � � � N > � o ►ti t1. ti va d a° � z° z m EXHIBIT + -- Adjustment Farr C 0 E v rs� e a LL E :S L- d C E o ,j C e 0 E CL GJ ED- zm LU a 12 0 8 w 0 ti U w 00 � CLZ rn M LU UJ E th triCL 0 C ztts to 0 0 rr� CL zs L CL M N 0 w E -0Q U. E , Ci z z O Ui ID co 4 4. ° 6cJ) E to 10L to a cn (L) tis E M LL '� m 4LO c;a X Z tb at3 t— � - F— LU 0) 0 > .- UJ 2 CL 4thi 0. CL 1L4) U d 0 0 00 0 C r EXHIBIT D CONTRA COSTA TRANSPORTATION AUTHORITY TSCA PROJECT STATUS REPORT Allocation Year 1998-99 Q-X Date: Return to: Y Arielle B.L. Bourgart Project l�arr�e: Assistant Director Project No.: Contra Costa Transportation Authority 1340 Treat Boulevard, Suite 150 Project Manager: Walnut Creek.,CA 94595 Contact Person: Return by: Amt. Of Original Report submitted by: Allocation: (Signature) Funds Expended to Name&Title: Date: Amt. Billed to [must be indicated in Section III,paragraph 5 of OCTA to Date: Agreement as Authorized signatory for sponsor) In order to ensure the timely use of TPCA funds,the Authority has adopted a policy requiring all TPCA project proponents to file periodic reports indicating the project implementation statin. Please provide the following information on the project indicated above. 1. Has project implementation been initiated? Yes 11 No 0 2. Implementation of the project is: On Schedule 0 Ahead of Schedule 0 Behind Schedule If project is behind schedule,please explain and indicate on a separate attached sheet when it is expected to be back on track. 3. What project-related activities have been completed,to date? 4. What activities are currently underway? (Please provide estimated date(s)of completion.) 5. According to our Cooperative Agreement, number ,your program must expend and bill CCTA by . To what extent do you believe this project will next meet these important billing requirements? On Schedule © Ahead of Schedule 0 Behind Schedule 0 11Aife:16c\WP?If,ES TFCA P•gject Status Reportt-3.wpd EXHIBIT E CONTRA COSTA TRANSPORTATION AUTHORITY RESOLUTION SOLUTION NO.96-04-A RE: DISPOSITION OF SURPLUS PERSONAL PROPERTY ACQUIRED BY A MEASURE C PROJECT"PROPONENT,OR RECIPIENT OF MEASURE C PROJECT FUNDS WHEREAS,the Authority currently lacks a.formal policy with respect to the disposition of surplus personal property acquired by a Measure C project proponent,or recipient of Measure C primo funds; WHEREAS, State Attorney General opinion(Opinion No. 65-174,November 16 1965)provides general guidance as to how a public agency can lega€ly dispose of surplus property; WHEREAS,th!opinion states that a public agency is required to sell this property at its fair market value,th the extent the surplus asset has economic value; WHEREAS,local jurisdictions,school districts,non-profit organizations within Contra Costa County are in need of used office equipment,particularly computers; NOW,THEREFORE,RE IT RESOLVED that the Authority hereby adopts a formal policy on the disposition of surplus personal property as described in Exhibit A,attached. Don in, r F This RESOLLMON was entered into at a meeting of the Contra Costa Transportation Authority hold September I8, 1996 in Walnut Creek,California Attest: Robert c leary, cutive I3irector C:\WPFIL ES\COM}vtTTEE�AC\199"9\ASSTPLC'Y.WPD ERRIBIT f CONTTU COSTA TRANSPORTATION AUTHORITY racrrrri.r�rcresreycrrrraerrrrrrerrrawaRacrirrrr�sresracrrrsr� POLICY ON ULSposrrm or suRp .US PERsoxAL PROPERTY AeC QUHMD BY A.PROJECT SPC)NSOR. OR,R,ECIPMNT OF PROGRAM FUNDS AND NO LONGER REQUXRED FOR THE.PROJECT OR PROGRAM A. The purpose of this policy is to set forth requirements for the disposal of per-conal property (defined for purposes of this policy'c�s any property's fumiture, ftxtures,furnishings, equipment or other asset, other than read property or any interest therein) acquired by ca project sponsor or recipient ofprogram am funds for a project or program funded in whole or part by Contra Mosta Transportation Authority ("Authority")Measure C sales tam and other,funds (the '"project'd Personal property purchased with Measure C Local Street Maintenance ece anal Improvements funds ( `18%funds'") shall not'be subject to this policy. B. Project sponsors and program recipients shall account for the purchase of Pemnal property by fundirig source in acconfartce with applicable prrrarisions of state or federal law or regulation, and in accord4nce withgenemIly accepted accounting standards for public agencies, and shall maintain and update an inventory of all personal property purchased for purpose's orf the prxrjectb C. At the earlier of either the completion or other termination of the project, or the end of the useful life of`the personal property, the property shall be declared surplus and shall be disposed of in accordance with this policy, subject to overriding state or federal law requirements. See Section 4 of this policy. SF\96IS90042 (6127/96) D. Unless otherwise expressly indicated herein, "surplus propery means each individual item of such property identified by the project sponsor or program recipient as surplus. SECTION 1. Authority's right of first refusal with respect to surplus property. Prior to any disposal of surplus property Mi accordance with this policy, the project sponsor or recipient of program funds shall notify the Authority in writing, providing it with an inventory of surplus property. The surplus property shall be made available to the Authority fora-physical examination and the Authority shall identify any surplus property for which it has a use. A*such identified,surplus property shall, as determined by the Authority, be delivered as directed by the Authority or otherwise made available to the Authority for its use. SECTION 2. Project sponsor or program recipient's election to retain surplus property. Subject to the Authority's right of first refusal, if the project sponsor or program recipient determines that it has a use for the surplus property for a public purpose of the local:agency, it may elect to retain the property, provided the local agency has obtained an appraisal.from an independent appraiser, experienced. and qualified in.the appraisal of personal property of the same typo as the surplus,property. If the project sponsor determines to retain the surplus property as set forth in this paragraph,it shall notify the Authority of its intention to do so and shall provide a copy of'-the independent appraisal of the property together with an estimate of the costs of sale of such surplus property. Unless the Authority notifies the local agency that it objects to the appraisal or the retention of the surplus property by the local agency within.90 days of the date of receipt of such notice by the Authority, in which case the local agency shall dispose of the property in accordance with Section 3 below, the retention shall be deemed approved.. SECTION 8. Sales or donat€on, of surplus personal propgrty. Personal property that has been determined to be,'surplus and no longer -2- needed for the project, and for which neither the Authority nor the project sponsor or program recipient has determined it has a use, shall be disposed of as follows: A. Determination of value of property. An initial determination will be made.by the sponsoring agency which is the recipient of Measure C funds as to the estimated value of the surplus property. If the estimated cost of sale of the property, including notice and advertising costs, allocable staff costs and any other costs reasonably related to the sale, exceedsthe estimated.value 'of the surplus property, the surplus property shall be deemed to be valueless. B. Disposal of property with no estimated value and where coasts of sale exceed,estimated value. If the deter mm' ation is that the surplus property has no value, or that the value is exceeded by the costs of sale, the surplus property may be disposed of as follows: 1. Surplus property in good worms order shall be offered, at no charge: (i) to the county and to the incorporated towns and cities within the county, excluding the project sponsor or progrsm recipient which is the source of the surplus property; (ii) to a school district or the Contra Costa County Board.o Educati C. Disposal of property with value of$5,tO0 or less. If the determination is that the surplus property has a value of$5,000 or less, the property shall.be disposed of by the project sponsor or program recipient as follows; L The cities, towns and the county, other than the project sponsor or program recipient, shall be invited to bid on the surplus property by submitting a bid in writing to the project sponsor or program recipient. If there are no city, town or county bidders for the surplus property, the school districts, the County Board of Education and any other public agency the jurisdiction of which is entirely or partially within the county which the Executive Director of the Authority determines should be permitted to bid shalt be permitted to aubrait written bids for the property. The property shall be sold to the highest bidder,',regardless of the bid amount and the number of bidders. Notice may be given by the project sponsor or program recipient orally or in writing, and no informality or irregularity in notice or bidding shall invalidate the process. 2. If there are no bids, it shall be assumed that the property has no value and it shall be disposed of in accordance with Section 3. B. above. D. Disposal of property with a value in excess of$5,000. If the determination is that the surplus property has a value in excess of$5,000,the property shall be disposed of by the project sponsor or program recipient as follows: 1. A.notice of sale of surplus property shall be posted.,in a prominent and public place at least 10 days prior to the sale. Copies of the notice shall be mailed to the Authority and to the county, cities, towns, school districts,the County board of Education and other public agencies, the jurisdictions of which are entirely or partially within the county, and to any other persons who have requested 'from the project sponsor or program recipient in writing, notice of such sales of surplus property. For sales of surplus property the estimated value of which exceeds $10,000, a classified advertisement shall appear in at least one local newspaper at least 10 days in advance of the date of the sale. -4- 2. The notice shall describe the property for sale in Commercial terminology and as fully and accurately as possible,including its condition. The surplus property shall be available for inspection by prospective bidders prior to the sale. No information shall be provided to a prospective bidder that is not available to all prospective bidders. 3. Except as set forth below, surplus property shall be sold by competitive bid. males may be conducted as sealed bid, spot bid or auction sales,. or in any other lawful manner as determined by the project sponsor to likely achieve the highest possible sales price after considering costs of sale. In a sealed bid sale, bidders shall be required to submit sealed-written-bids-on authorized-bid forms for Public opening at a time and place designated, In a spot.bid sale, bidders shall be Provided with bid forms in advance of the bidding, a bid form to be used for each lot or unit to be separately sold. In requesting bids, the official in.;charge shall announce the item,its identification number and a brief description,of the item or lot. The right to reject alll such bids for a lot or item shall be reserved in the terms of sale; .items for which all bids have been rejected may be reoffered at the same safe. After examining all bids, award shah be made or bids rejected immediately. 4. In an auction sale, terms and conditions shall have been published prior to the sale and special and unusual conditions shall be announced by ihe person conducting the sale imrnediately prior to the commencement of the auction. The prcdect sponsor shall reserve.the right to reject all bids and to reoffer the same at the same auction where the published.terms-and:condition so provide. € . If a city, town or the county is a bidder on any surplus property offered by sealed bid or spat bid, the bids of any such city, town and/or the county shall be opened first and the highest bidder among bidding cities, towns and the county shall be the winner. If the sale is +conducted by auction,the auctioneer shall determine in advance if there are any cities, towns or the county which wish to bid on the surplus property. If so, the property shall be auctioned to such parties, the highest bidder beim;the winner. If the project sponsor has reserved the right to reject all bids by published terms and conditions or if there are no such bidders, the surplus Property shall be sold to the highest bidder among the other bidders, by sealed bid, spot bid or auction as applicable. 6. A negotiated sale may be conducted without notice or competitive bid as required above, where the project sponsor determines that the sale involves property that has an estimated fair value not in a mss of 1o,000; where public exigency will not allow for notice and competitive bidding;where, after notice and competitive bid, no reasonable bids have been obtained and it is determined that renoticing the sale on a competitive bid basis would serve no useful purpose, or where a sale can be.obtained with a public agency the jurisdiction of whish i's totally or partially within the County and the estimated fair value and satisfactory terms can be obtained by negotiation. A determination in writing justil dying the sale of the property on a negotiated sale basis shall be prepared and submitted to the Board of the project sponsor for approval prior to any such sale. SECTION4. Sales of surplus property subject to state or federal law, proration of proceeds sof sale. A. Sales subject to State or Federal Law., Sales of surplus property subject to specific provisions of state or federal,law or regulation shall be conducted in compliance with the terms of such applicable law or regulation,which shall take precedence over the provisions of this policy to the extent inconsistent therewith.. . Proration of proceeds of sale. To-the extent that surplus personal property has been purchased with mixed Measure C,.state and/or federal funds, and/or other local or private funds, the Authority shall be entitled to only that portion of the proceeds of the sale, net of costs of sales, which Measure C funds represent relative to other funding sources. If the source of the funds used to Purchase the surplus property cannot be identified, it is assumed that the personal Prole purchases were funded in the same proportion that Measure C funds bear to total funding sources for the entire project, -6- SECT91Y O 5. Proceeds of sale or retention of surplus property;use of proceeds by the Authority. Subject to Section 8 above; A. Proceeds of sale. Proceeds of the sale of any surplus property, not of costs of sale as set forth above, shall be promptly forvvarded to the Authority, B. Proceeds of retention. If the project sponsor,retains the surplus property, the appraised value, if any, shall be promptly forwarded to the ,Authority. C. Use of proceeds by Authority. Proceeds of the sale or retention of surplus property may be reprogrammed by the Author ty-for•:any authorized Measure C purpose. Assets Acquired with TSCA Funds 1f there have not been any fixed assets acquired, please complete the first section and write "NONE" on line item 1. This section trust be completed: Page of Program Sponsor: Prepared by: Date. Line Asset Date Purchase Funding ## Tag 9 Asset Description Location Purchased Price Source 01 TFCA 02 'TFCA TFCA 03 TFCA 05 TFCA 06 TFCA 07 TFCA 08 TFCA 09 TFCA 10TFCA 11 - TFCA TFCA 12 13 TFCA 14 TFCA 15 TFCA TFCA 16 TFCA 17 'TFCA 18 19 TFCA TFCA 20 TFCA 1 _ TFCA 22 23 TFCA - 24 TFCA 25 TFCA 26 TFCA 2"7' TFCA 28 TFCA a�4 Please retain copy for,ydur records fixedafraxis EXHIBIT F Faster Cooperative Agreement No. 43.00.XX NOTICE OF TERMINATION DATE Date: To the Attention of. "SPONSOR'S Contact Name" "SPONSOR'S Andress" "SPONSOR'S Address" This acknowledgment is to identify the specific TERMINATION DATE of the Master Cooperative Agreement No. 43.00.XX executed between the SPONSOR and the AUTHORITY on (Date) The AUTHORITY received the first payment from the DISTRICT on for the related fiscal year. (Date A) Therefore the TERMINATION DATE,pursuant to Section III, Section 1 of the AGREEMENT, is (bate,22 months from Date A) Other than identifying the specific TERMENIATION. DATE to this AGREEMENT,this Exhibit in no other manner modifies the AGREEMENT. AUTHORITY Date \\Arie11e\c\WPFILES\140tice of Termination Date(Exiet.F).wpd EXHIBIT A AMENDMENT TO PROJECT AGREEMENT PLEASANT HILL BART STATION AREA TCM PROGRAM 1998-99 1. Agreement Identification. Department: Community Development Department Subject: Allocation of Pleasant Hill BART Station Area TDM Pee Account for TDM Program 2. Parties. The county of Contra Costa, California, hereinafter called "County", and the following named Contractor mutually agree and promise as follows: Contractor: Contra Costa Centre Association Address: 1350 Treat Boulevard, Suite 180 Walnut Creek, California 94598 3. Amendment Date. The effective date of this Amendment is September 1, 1998 and it terminates June 30, 1999 unless sooner terminated as provided herein subject to all terms, conditions, and assurances contained or incorporated herein. 4. Amendment Specifications. The Agreement identified above is hereby amended as set forth in "Attachment B" attached hereto which are incorporated herein by reference. 1 5. Signatures. These signatures attest the parties' agreement hereto. COUNTY {QF_CONTRA COSTA. CALIFORNIA CONTRACTOR BY: BY: Jim Rogers, Chair Pat O'Brien, President Board of Supervisors Contra Costa Centre Association DATE: DATE: ATTEST: Phil Batchelor, BY: Clerk of the Lynette Tanner-Busby Board of Supervisors Executive Director and County Administrator Contra Costa Centre Association BY: GATE: Deputy Recommended by Department BY: Dennis M. Barry, Director Community Development Department Form Approved: County Counsel BY: Deputy Attachments Amendment Specifications hAawood'a home ddvelphbart98.amd 2 ATTACHMENT B AMENDED SEPTEMBER 1, 1998 CONTRA COSTA CENTRE ASSOCIATION TQM PROGRAM 1998-99 BUDGET JANUARY 1, 1998 TO JUNE 30, 1999 Salaries Executive Director $23,000 TDM Coordinator $20,000 Clerical $13,000 Total Salaries $65,000 Overhead (.66% of salaries) $43,000 Retirement (100 of TCM Coordinator Salary) $2,900 Payroll Taxes $6,,000 TUM Program Marketing $28,000 Printing $3,500 Program Promotion (survey) $18,000 Pass Program $3,500 Postage/Dues $3,000 Contingency $5,000 Shuttle Operations $42,000 Operators $35,000 Fuel $3,750 Maintenance $1,5030 Marketing $750 Vanpool Operations $125,550 Fuel $33,000 Insurance $52,500 Maintenance $30,000 Vehicle Registration $3,750 Cleaning $3,600 CSAR $1,350 Medical Exams $1,3503 Van Replacement Purchase of three (3) 1998 dodge Ram Vans;twelve $90,300 (12) passenger,Model 3500 vehicles. (Includes decals warranty,flooring,tax and license) Financial Services $3,000 TOTAL $410,750 3 EXHIBIT B MASTER COOPERATIVE AGREEMENT NO.43.00.55 BETWEEN CONTRA COSTA TRANSPORTATION AUTHORITY AND CONTRA COSTA COUNTY This AGREEMENT is made and entered into as of this 1st day of July, 1998,by and between CONTRA COSTA COUNTY,hereinafter referred to as "SPONSOR,"and the CONTRA COSTA TRANSPORTATION AUTHORITY,hereinafter referred to as"AUTHORITY." RECITALS 1. AUTHORITY and SPONSOR,pursuant to the Contra+CostdTransportation Improvement and Growth Management Expenditure Plan and Ordinance,hereinafter referred to as "Measure C,"adopted on August 3, 1988, and approved by the voters of Contra Costa County on November 8, 1988,hereby desire to enter into a cooperative agreement. 2. SPONSOR. desires one or more projects to reduce air pollution from motor vehicles and/or to relieve traffic congestion,hereinafter referred to as"PROJECT,"eligible under the Carpools,Vanpools,and Park and Ride Lots program category of Measure C, and/or under the Transportation Fund.for Clean Air Program, hereinafter referred to as "TFCA,"which is funded through the Bay Area Air Quality Management District,hereinafter referred to as "DIS"TRICT,"pursuant to Health and Safety Code Section 44220 et seq. 3. Pursuant to Measure C,AUTHORITY is committed to make available up to $8,600,000 in 1988 dollars for projects eligible under the Carpools,Vanpools, and Park and Ride Lots program category. These funds,hereinafter referred to as Measure C Carpool Funds,may be made available to SPONSOR to help fund PROJECT. Measure C Carpool Funds are allocated on an annual basis by resolution of AUTHORITY. AUTHORITY anticipates that SPONSOR will supplement Measure C Carpool Funds with revenues Brom other eligible sources. 4. AUTHORITY has been designated by resolution adopted by Contra Costa County and a majority of the incorporated cities within Contra Costa County having a majority of the population within the incorporated portion of Centra Costa County as Program Manager for TFCA projects within the County. In accordance with Funding,Agreement#98-CC ("Funding Agreement")between DISTRICT and AUTHORITY,the AUTHORITY has agreed to act as Program.Manager for TFCA funds to be expended on projects within Contra Costa County. A copy of Funding Agreement is attached to this AGREEMENT as EXHIBIT A and 1 incorporated by this reference. Unless otherwise indicated herein,the term TDM GRANT refers to any Measure C Carpool Funds and/or TFCA funds appropriated to a PROJECT under this AGREEMENT. 5. AUTHORITY,on April 15, 1998,approved Resolutions 98-09-G and 98.05-C, specifying projects to be funded with TDM GRANT in FY 1998-99. NOW,THEREFORE,in consideration of the foregoing,the AUTHORITY and SPONSOR do hereby agree as follows: SECTIONI SPONSORAGREES; 1. For each PROJECT approved and funded by AUTHORITY,to apply TDM GRANT received under this AGREEMENT to PROJECT(s)consistent with the terms and conditions specified in Funding Resolutions No. 9&09-G(TFCA)and 98-05-G(Measure C Carpool Funds)approved by the AUTHORITY; and with the information contained in the TFCA/MSC Project Summary,the Application/Project Fact Sheets, and the Project Budget Summary, attached to this AGREEMENT as EXHIBIT B and incorporated by this reference. 2. To provide invoices consistent with the process and format set forth in EXHIBIT C (Method of Reimbursement),EXHIBIT C-1 (Reimbursement Request Form), and EXHIBIT C_2 (Project Expenditure Summary),which are attached to this AGREEMENT and incorporated by this reference. 3. To allow AUTHORITY and DISTRICT,or any independent auditor selected by either,to audit all expenditures relating to each PROJECT funded through this AGREEMENT. For the duration of each PROJECT, and for four(4)years following completion of the PROJECT,or earlier discharge of the AGREEMENT, SPONSOR shall make available to AUTHORITY and DISTRICT,or any independent auditor selected by either, all records relating to expenses incurred in performance of this AGREEMENT. 4. To submit to AUTHORITY six Project Status Reports on the following dates: October 30, 1998 • January 29, 1999 April 30, 1999 • October 29, 1999 • January 31,2000 April 28, 2000 2 Project Status Reports are to be prepared in accordance with AUTHORITY's format as presented in EXHIBIT D(Project Status Report)which is attached to this AGREEMENT and made a part hereto by reference. 5. To submit to AUTHORITY an annual report for each project on the following dates: • August 31, 1999 • August 31,2000 The annual reports are to be prepared in accordance with DISTRICT's format as specified in Section II,paragraph 14 of Funding Agreement. 6. To provide overall management of PROJECT(s) including responsibility for schedule, budget, and oversight of services performed by others and to be responsible for evaluation, selection, and management of consultants and contractors. 7. Upon request,to provide copies to AUTHORITY of all executed contracts and other PROJECT documents between SPONSOR and others involved in PROJECT. Copies of such executed contracts shall be retained for four(4)years following completion of PROJECT or earlier discharge of the AGREEMENT. 8. If PROJECT involves construction or capital acquisition,to install a sign approved by the AUTHORITY that identifies Measure C and the Contra Costa Transportation Authority as a funding source, if applicable. If TFCA funds are used for any project, SPONSOR shall use the DISTRICT's logo in accordance with Section II, paragraph 15 of Funding Agreement. 9. To comply with AUTHORITY"s Policy on Disposition of Surplus Personal Property Acquired by a Project Sponsor or Recipient of Program Funds and No Longer Required for the Project or Program(the "Surplus Personal Property Policy")with respect to the disposal of any surplus property acquired in whole or part with Measure C Carpool Funds. This policy is attached hereto and incorporated herein,as EXHIBIT E(Surplus Personal Property Policy). To the extent that surplus personal property has been purchased, in whole or in part,with TFCA funds, SPONSOR shall comply with the provisions of Funding Agreement with respect to that pro rata portion of the surplus personal property. 10. If PROJECT involves right-of--way acquisition,to follow the requirements of state law and the Federal Uniform Acquisition and Relocation Assistance Act and, if applicable,to transfer net proceeds,after deducting auditable costs of sales,to AUTHORITY, resulting Brom the sale of excess lands purchased in whole or in part with Measure C Carpool Funds, in the same proportion to the net proceeds as the original contribution of Measure C Carpool Funds was to the purchase price of the original parcel. To the extent that right-of-way has been acquired, in whole or in 3 part,with TFCA funds, SPONSOR shall comply with the provisions of Funding Agreement with respect to that pro rata portion of the right-of-way proceeds. 11. If PROJECT involves TFCA funds,to comply with all relevant requirements of applicable law relating to the application and/or expenditure of those funds and to be bound by, and to include in any funding or other agreements which it may enter into with recipients of TFCA funds,all relevant requirements of Funding Agreement applicable to recipients of TFCA funds, including but not limited to,the provisions of Section II,paragraphs 10, 11, 12, 13, 16, 17, 18, 19,and 20 of Funding Agreement. SECTION II AKILMMY AGREES: 1. Consistent with the procedures specified in EXHIBIT C,EXHIBIT C-1, and EXHIBIT C-2,to reimburse SPONSOR for legitimate expenses incurred in conducting the PROJECT. 2. To provide timely notice if an audit is to be conducted. 3. If PROJECT involves TFCA funds, to comply with requirements of the Funding Agreement applicable to Program Manager. SECTION III IT t& ,,T'i`L7AL Y AGREED: 1. Qualified expenditures for PROJECT(s) approved under this AGREEMENT shall be eligible for reimbursement from TDM CRAFT when incurred after June 30, 1998,provided they are consistent with the terms and conditions of this AGREEMENT,and provided that all requests for reimbursement are submitted to AUTHORITY staff no later than the date one year and ten months from the date AUTHORITY receives the first payment of TFCA funds from DISTRICT for the 1998-99 funding cycle. Upon receipt of the first payment of funds for the 1998-99 funding cycle,the AUTHORITY will notify SPONSOR of the specific Termination Date via certified mail in a format consistent with EXHIBIT E (Notice of Termination Date). Upon transmittal by AUTHORITY to SPONSOR of such notification, Termination Date will be incorporated into and made a part of this AGREEMENT. If no such notice is transmitted, Termination Date shall be 4 twenty-two(22)months from the date this AGREEMENT is executed.. Termination Date may be modified only if mutually agreed to in writing by both SPONSOR and AUTHORITY, and with the written permission of DISTRICT. Any appropriated but unexpended funds related to this AGREEMENT as of Termination Date shall revert to AUTHORITY and made available for other eligible projects,or shall be refunded to DISTRICT by AUTHORITY in accordance with Funding Agreement. To the extent that there are insufficient funds available to reimburse SPONSOR for the full amount appropriated herein, a pro rata portion of available Measure C Carpool Funds and/or TFCA Funds shall be distributed to SPONSOR . This AGREEMENT will remain in effect until discharged or otherwise terminated as provided above or in Paragraph 2 below. 2. Dis_c This AGREEMENT shall be subject to discharge as follows-, a. Either party may terminate this AGREEMENT at any time for cause pursuant to a power created by the AGREEMENT or by law,otherwise than for breach,by ,giving written notice of termination to the other party which shall specify both the cause and the effective date of termination. biotite of _ termination under this provision shall be given at least ninety(90)days before the effective date of such termination. Payment shall be made by the AUTHORITY for all services rendered by SPONSOR to the PROJECT pursuant to this AGREEMENT up to the time of termination, subject to any expenditure limits applicable to this AGREEMENT. b. This AGREEMENT may be canceled by a party for breach of any obligation, covenant, or condition hereof by the other party, upon written notice to the breaching party. With respect to any breach that is reasonably capable of being cured,the breaching party shall have 30 days from the date of the notice to initiate steps to cure. If the breaching party diligently pursues cure, such party shall be allowed a reasonable time to cure,not to exceed sixty(60)days from the date of the initial notice,unless a further extension is granted by the non-breaching party. On cancellation,the non-breaching party retains the same rights as a party exercising its right to terminate under the provisions of paragraph 2a,except that the canceling party also retains any remedy for breach of the whole contract or any unperformed balance. C. By mutual consent of both parties,this AGREEMENT may be terminated in writing at any time. 5 3. Capon aggrtgate expenditures: In no event shall the portion of TDM GRANT funded with Measure C Carpool Funds, when aggregated with amounts of previously allocated TDM GRANTs Measure C Carpool Funds,exceed the Expenditure Plan program category amount set forth in Recital 3,nor shall the timing of payments to SPONSOR pursuant to this AGREEMENT,together with the timing of payments of Measure C Carpool Funds pursuant to all previously approved TUM GRANTs,exceed the amount allocated for such period pursuant to AUTHORITY's current Strategic Plan. Funds approved under the TFCA program by AUTHORITY as Program Manager for Contra Costa County included within such TUM GRANT or as a part of any previously approved TDM GRANT shall not be included in the calculations set forth in the preceding sentences. 4. E It is mutually understood and agreed,relative to the reciprocal indemnification of AUTHORITY and SPONSOR. a. That neither AUTHORITY, nor any officer or employee thereof, shall be responsible for, and SPONSOR shall fully indemnify and hold harmless AUTHORITY against any damage or liability occurring by reason of anything done or omitted to be done by SPONSOR.under or in connection with any work, authority or jurisdiction delegated to SPONSOR under this AGREEMENT. It is also understood and agreed that,pursuant to Government Code Section 895.4, SPONSOR shall fully indemnify and hold AUTHORITY 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 under this AGREEMENT or in connection with any work, authority,or jurisdiction delegated to SPONSOR under this AGREEMENT. b. That neither SPONSOR,nor any officer or employee thereof, shall be responsible for, and AUTHORITY shall fully indemnify and hold harmless SPONSOR against any damage or liability occurring by mason of anything done or omitted to be done by AUTHORITY under or in connection with any work, authority,or jurisdiction delegated to AUTHORITY under this AGREEMENT and that, pursuant to Government Code Section 895.4, AUTHORITY shall fully indemnify and hold SPONSOR 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 AUTHORITY under this AGREEMENT or in connection with any work,authority,or jurisdiction delegated to AUTHORITY under this AGREEMENT. 6 5. 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 or by certified or registered mail,return receipt requested,to the addresses set forth below, or to such addresses which may be specified in writing by the parties hereto. Steven L. Goetz Transportation planning Division Contra Costa.County Community Development Department 651 Pine St.,41'Fl.North Wing Martinez, CA 94553-0095 Arielle E. L. Bourgart Assistant Director Contra Costa Transportation Authority 1340 Treat Blvd., Ste. 150 Walnut Creek, CA 94596 By executing this AGREEMENT, each of the parties acknowledges and agrees that the persons identified above,or any other person designated by either party to AGREEMENT by notice to the other party, is authorized to execute documents and to bind the party with respect to this AGREEMENT in accordance with the procedures set forth in Section III, paragraph 8 below. 6. Additions Acts and ocument% Each party agrees to do all such 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 the AGREEMENT. 7. Ince ration: This AGREEMENT represents the entire AGREEMENT of the parties with respect to the subject matter hereof. No representations,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. 8. Amendment: SPONSOR may, at any time,request an amendment to the work scope of any PROJECT funded under this AGREEMENT by submitting such request to AUTHORITY in the format indicated in EXHIBIT B-1 (TDM Work Pian & Appropriation Revision Request),which is attached to this AGREEMENT and made a part hereof by reference. By completing, signing, and submitting an EXHIBIT B-1 to AUTHORITY,SPONSOR agrees to amend this AGREEMENT as specified. Upon the AUTHORITY's approval and execution of the submitted EXHIBIT B-1, this AGREEMENT will be amended per SPONSOR's request. 7 SPONSOR may,at any time,request an amendment to the budget of any PROJECT Funded under this AGREEMENT by submitting such request to AUTHORITY in the format indicated in C-2 Adjustment Farm (attached to EXHIBIT C),which is attached to this AGREEMENT and mane a part hereof by reference.By completing,signing, and submitting an EXHIBIT C-2 Adjustment Farm to AUTHORITY, SPONSOR agrees to amend this AGREEMENT as specified. Upon the AUTHOR.ITY's approval and execution of the submitted EXHIBIT C-2 Adjustment Form,this AGREEMENT will be amended per SPONSOR's request. This AGREEMENT may not be changed,modified, or rescinded except in writing, signed by all parties hereto, and any attempt at oral modification of this AGREEMENT shall be void and of no effect. 9. gng�L SPONSOR renders its services under this AGREEMENT as an independent agency. None of the SPONSOR's agents or employees shall be agents or employees of the AUTHORITY. 10. Assia=ent: This AGREEMENT may not be assigned,transferred,hypothecated, or pledged by any party without the express written consent of the other party. 110 Bi"__d�gn Smssors.Etc,= This AGREEMENT shall be binding upon the successor(s),assignee(s),or transferee(s)of AUTHORITY or SPONSOR as the case may be. This provision shall not be construed as an authorization to assign, transfer,hypothecate,or pledge this AGREEMENT other than as provided above. 12. Severabaity: Should any part of this AGREEMENT be determined to be unenforceable, invalid,or beyond the authority of either party to enter into or carry out, such determination 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,be reasonably interpreted to give effect to the intentions of the parties. 13. LiMijali= All obligations of AUTHORITY under the terms of this AGREEMENT are expressly subject to the AUTHORITY°s continued authorization to collect and expend the sales tax proceeds provided.by Measure C. If for any reason AUTHORITY's right to collect or expend such sales tax proceeds a is terminated or suspended in whole or part,AUTHORITY shallpromptly notify SPONSOR, and the parties shall consult on a course of action. If, after twenty-five (25)wonting days, a course of action is not agreed upon by the parties,this AGREEMENT shall be deemed terminated by mutual consent,provided that any future obligation to fund from the date of the notice shall be expressly limited by and subject to(i)the lawful ability of AUTHORITY to expend sales tax proceeds for the purposes of this AGREEMENT; and(ii)the availability,tatting into consideration all the obligations of AUTHORITY under all outstanding contracts, agreements and other obligations of AUTHORITY, of funds for such purposes. 8 In addition,all obligations of the AUTHORITY hereunder with respect to TFCA fiends are expressly subject to and limited by the terms of Funding Agreement and applicable provisions of state and federal law, including,but not limited to, provisions related to the AUTHORITY's designation as Program Manager. In the event that AUTHORITY lases its designation as Program Manager or otherwise becomes ineligible to receive TFCA funds or if for any reason, such TFCA funds are no longer available to it,AUTHORITY's obligations hereunder shall be terminated without further obligation or liability to SPONSOR. 14. l a o : The total cost of this Agreement is$44,282 from Resolution No. 98-09- 1(TFCA),and$0 from Resolution No. 98-05-G(Measure C+Carpool fumes), and will not exceed that amount unless amended in writing by all parties. CONTRA COSTA TRANSPORTATION AUTHORITY CONTRA COSTA COUNTY by: by: Robert R. McCleary Executive Director ATTEST: _ by: by: APPROVER as to legal farm and content: by: by: Stan Taylor OCTA Legal Counsel Counsel by: 9 EXHIBIT A e FUNDING AGREE vLE BET YY#r.�i3.\ nmBAY AREA Am QUALITY MANAGEMENT DISTRICT AND CONTRA COSTA TRANSPORTATION AUTHORITY 98-CC This Funding Agreement(Agreement)is made and entered into between the Contra Cosh. Transportation Authority, hereinafter referred to as"Program Manager,' and the Bay Area Air Quality Management District, hereinafter referred to as "Air District" on the date shown on page 5. Attachment A,which specifies the projects covered by this Agreement is hereby incorporated into this Agreement by this reference. SECTION I RECITALS: 1) The 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 tri specified transportation control measures included in the plan adopted pursuant to Health and Safety Cade 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 September 16, 1992,that the Program Manager is the duty authorized recipient of forty(40) percent of the funds collected in Contra Costa County, and has been so des' by resolutions adopted by the Contra Costa 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) The Air District and Program Manager, pursuant to Health and Safety Code Section 44241, hereby enter into this Funding Agreement to implement specified projects to improve air quality in the San Francisco Bay Area Air Basin. This Agreement covers those projects specified in Attachment A. SECTION H PICOGRAM MANAGER.AGREES: 1) To apply all funds received under this Agreement to the projects listed in Attachment A consistent with the mutually agreed to.terms and conditions contained in this Agreement. 98-CC Page I of 5 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 only for the reimbursement of costs to implement approved projects.Failure to comply with this paragraph shall constitute grounds for termination pursuant to Section 1V.2 below. 3) To maintain, or cause to be maintained, adequate records to document and demonstrate to Air District staff'and auditors the receipt, interest accrual, and expenditures of Air District funds. 4) To apply all interest accrued from funds received under this Agreement toward projects approved by the Air District Board of Directors. The distribution of any such funds shall be at the discretion of the Program Manager after consultation with the Air District. 5) To apply any funds and/or associated interest unencumbered at the time ofcompletion or termination of an approved project or projects towards other projectsapproved by the Air District Board of Directors. The distribution of any such funds shall be at the discretion of the Program Manager after consultation with the Air District. 6) To return to the Air District any funds and/or associated interest unexpended within two years of the date of receipt of the funds unless a project schedule which extends beyond the two years has been approved by the Program Manager. 7) To limit administrative costs in the handling of these funds to no more than.five(5)percent of the funds received and interest earned on those funds. 8) To allow the Air District to audit all expenditures relating to the projects funded through this Agreement. For the duration of the projects as described in Attachment A and for three(3) _ years following completion of the projects,Program Manager will make available to the Air District or to an independent auditor selected by the Air District all records relating to project performance and expenses incurred in implementing the projects. 9) To maintain employee time sheets documenting those hourly labor costs incurred by employees of the Program Manager,which are paid with funds received under this Agreement to fulfill the Program Manager's obligations under this Agreement, or to establish'an alternative method to document Program Manager staff costs charged to this grant. 1 0j To require that any recipients of funds allocated through this Funding Agreement shall, for the duration of projects as descrc`bed in Attachment A and for three(3)years following completion of the projects, in a timely fashion make available to the Air District or to an independent auditor selected by the Air District all records relating to project performance and expenses incurred in implementing the project or projecti for which funding was received. 11) To require that any recipients offends allocated through this Funding Agreement maintain employee tune sheets documenting those hourly labor costs incurred in the implementation of the projects 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. 12) To distribute TFdA funds.allocated to any recipient of funds only on a cost reimbursement basis, on the basis of documented legitimate expenditures for the intended purpose of the approved project. 13) To keep necessary records of the performance of the project or projects as specified in Attachment A in order to expedite evaluation of emissions redactions achieved from implementation of the project or projects. 99-CC Page 2 of 5 14) To submit a report to the Air District within(4) months of the end of each 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 prepared and submitted in accordance with the Air District's format and will be submitted until all projects listed in Attachment Aare completed. 15) To use the Air District's approved logo for the TFCA for any projects implemented directly by the Program Manager 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 anyproject, including project related transit schedules, brochures, handbooks,maps created for public distribution, and promotional material. 16) To require all recipients of funds for projects funded under this Agreement to use the Air District's approved logo for the TFCA as specified in Section H.15 above. 17) To credit the Air District as a funding source in any related articles, news releases or other publicity materials for the projects funded under this Agreement which are implemented directly by the Program Manager, and to require recipients of funds for projects funded under this Agreement to do the same. 18) 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 the Program Manager, and to require recipients of funds for projects funded under this Agreement to expend the funds only in accordance with all applicable provisions of law. 19) 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, and to require recipients of funds for projects funded under this Agreement to do the same. 20) To require that any recipient of TFCA funds for the purchase of any vehicle(s)must either obtain.approval from the Program Manager for alternate use of the vehicle(s)or return to the Program Manager any funds realized from the sale of any vehicles(s)purer with TFCA funds if such reuse or sale occurs within the industry standards for the useful life from the date of purchase of the vehicles).The*amount of funds returned to the Program Manager shalt be proportional to the percentage of TFCA funds originally used to purchase the vehicle s(s). Any such funds returned to the grogram Manager shall be reallocated to eligible projects approved by the Air District. SECTIONIII AIR DISTRICT AGREES: 1) To forward the funds for the projects described in Attachment A in two payments. The first payment will be forwarded within thirty(30)working days of the Air District receiving from. the California Department of Motor Vehicles all the revenues that comprise the payment. The first payment will represent forty(40)percent of the revenues generated from motor vehicles registering in Contra Costa County between January 1, 1998 and June 30, 1998, less Air District's management and audit costs. The second payment will represent forty(40)percent of the revenues generated from motor vehicles registering in Contra,Costa County between July 1, 1998 and December 31, 1998, less Air District's management and audit costs. The 98-CC Page 3 of 5 second payment will be forwarded within thirty(30) working days of the Air District receiving from the DMV all the revenues that comprise the payment. Paymentswill only be made after this Agreement has been signed by both the Program Manager and the Air District. 2) To provide timely notice prior to conducting an audit. 3) To provide the Program Manager, and any other requesting party, a copy of the fiscal and performance audits as specified in Section 44242 of the Health and Safety Code. 4) To provide the Program Manager with a standard format and content summary for the report described in Section II.14 above. SECTION IV IT IS MUTUALLY AGREED: 1) Term: This Agreement will remain in effect for three(3)years after the completion of all the projects listed 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 dite 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 Contra Costa Transportation Authority loses designation as Program Manager for Contra Costa County. 3) Indemnity: Program Manager shall indemnify and save harmless the Air District from all claims, suits or actions resulting from the performance by Program Manager of its duties under this Agreement. Air District shall indemnify and save harmless Program Manager from all claims, suits or actions resulting from the performance by Air District of its duties under this Agreement. 4) Notices: Any notice which may be required under this Agreement shill 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 addresses set forth below, or to such addresses which may be specified in writing to the parties hereto. Robert McCleary,Executive Director Contra Costa Transportation Authority 1340}Treat Blvd., Ste. 150 Walnut Creels, CA Ellen.Garvey Air Pollution Control Officer Bay Area Air Quality Management District 939 Ellis Street San Francisco, CA 94109 5) Contacts: Liaison with the Air District with regard to the day to day',activities of the projects and programs included on Attachment A shall be with David Burch. Lialson with the Program Manager with regard to the day to day activities of the projects and programs included,on Attachment A shall be with Arielle B ourgart. Not cation of change of status of contact persons shall be made in writing within thirty(34) days. 6) Additional Acts and Documents: Each party agrees to do all such 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 previsions, intent and purpose of this Agreement. 98-CC Page 4 of 5 7) Integration: This Agreement represents the entire agreement of the parties with respect to the subject matter described in this Areemennt, 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. g) 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 this Agreement shall be void and of no effect. _ p) Independent Contractor. Program Manager renders its service under this Agreement as an independent contractor. None of the Program Manager's agents or employees shall be agents or employees ofthe Air District. This paragraph does not apply to eluted officials serving concurrently on the governing boards of both the Program.Manager and the Air District. 10) Assignment: This Agreement may not be assigned, transferred, hypothecated, or-pledged by any party without the express written consent of the other party. 11) 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 decls'ton 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 effect to the intentions of the parties. 12) Force Majeure: Neither the Air District nor Program Manager 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 Cod, civil or military authority, acts of public enemy,war, strifes, labor disputes, shortages of suitable parts, materials, tabor or transportation, or any similar cause beyond the reasonable control of the Air District or Program Manager. 1 ) 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,Program Manager and Air District have entered into this Funding Agreement as of date listed below. FOR PROGRAM MANAGER:- FOR AIR DISTRICT: by: K 1 _ by: Date. Robert ;utive Direct Alen Garvey, Air P ludo of Officer Contra Costa: ap io thori Say Area Air C�uaiity snags t District Approved as to legal form: Approved as to legal form; by: ,--aby: Legal Munsel Legal Counsel Contra Costa Transportation Authority Say Arca Air(duality Manage District 98-CC Page 5 of 5 Attachment A Contra Costa County CMA FY1998199 SUMMARY INFORMATION Program Manager Marne: Co_rotra Costa Transportatlon Authority Contact person: -1AAelle-13ouroart Phone No.: {928)286:4728 Address.: 1340 Treat Soutevard, Sults 150 Signature: _ ort_file Gate: Executive director BART A: NEW TFCA FUNDS 1. Estimated FY98199 DMV revenues as reported by SAAQMiD. Line 1a: 1.163,307 Adjustment between FY97/98 estimate and actual revenue. Line 1 b: $ (644) Estimated FY97/98 DMV revenues: Line 1c:$ 1.169,129 Actual FY97198 DMV revenues: Line 1d:$ J.169,485 (Line 1d minus Line 1c equals Line 1b) 2. interest income. Show interest earned on TFCA funds in calendar year 1997. Line 2: $ 100.099" 3. Total new TFCA funds. Add Lines 1a, 1b, and 2. Line 3: $ 1,262,663 PART i8: UNALLOCATED TFCA FUNDS 4. Total unallocated funds from previously funded projects and funds that have Line 4: $ 57,2378 not been allocated to projects that are available for programming to new projects. Enter zero(0) if there are no unallocated funds.include TFCA funds available due to project cancellation or projects completed under-budget, and funds not previously allocated. Complete and attach Summary Information Addendum. PART C: TOTAL AVAILABLE TFCA FUNDS 6. Add Line 3 and Line 4. Llne 5. $ 1.319.900 PART D: FY98 TFCA ALLOCATIONS 6. Total TFCA funds budgeted for administration. Line 6: $ 58.165c (Note: Line 6 cannot exceed 6%of Line'3.) 7. Total TFCA funds allocated to new projects.Show the total of all TFCA funds Line 7: $- 1.201.079 allocated to new projects as shown on the attached project Infofmatlon sheets. 8. Total allocations. Add Line 6 plus Line 7. Lime 8: $ 1.269.244 (Note: Line 8 should not exceed the amount on Line 5.) PART l5: UNALLOCATED FUNDS 9. 'Total unallocated funds. Subtract Line 8 from Line 6. Enter zero(0)if all Line 9: $ 60,656 available funds are allocated to new projects. Comments, A-Fiscal 1996187 interest Income equate$131,113.For budgeting purposes,estimated FY 1998199 Interest income of x$100,000 has been judged as a source of funds for 1998188. S-This amount represents$29,713 in 199W7 funds and$27,624 In 1897/98 funds. C.Administrative coats are currently budgeted at 6 percent of new TFCA fonds. i3AAQMD TFCA Funding Application for Program Manargem Page 1 Attachment A Contra Costa County CMA FY't998199 SUMMARY INFORMATION ADDENDUM Unallocated TFCA Funds Avallable for Reprogramming Auth Fiscal BAAQMD Project Sponsor Project Name TFCA TFCA TFCA Code1 Index Year Project# Funds Funds Funds Allocated 9 ended Available 646: W97 960007 City of Pleasant Hill College Transit 24,132 21,921 2,241 CP RANSPAC) Incentive Program 946 W97 960009 City of Pleasant Mil Distance Leaming 104,050 91,048 13,002 CP (TRANSPAC) Pro ect 940 W97 960010 City of Ortnda Dema Paddng 25,140 12,969 12,174 CP (SWAT) Ent Vehicles 940 96-97 96CC11 City of Odnda Demo Recharging 3,620 2,254 1,366 CP (SWAT} Station 0. 96-97 Unallocated Funds 963 OF 0 97-98 Unallocated Funds 27,524 OF Total 156,942 128,192 57,237 1: Enter CP for completed project. Enter ON for canceled project. Enter OF for unatttocated funds. BAAQMD TFCA Funding Application for Program Managers Page 2 Attachment A Contra Costa County CMA FY1888199 Date PROJECT MONITORING FORM I Ridesharing; Shuttle/Feeder Bus; Regional Transit Information; Rats-Bus Integration Projects TFCA Project# Project Sponsor: Project Title: Contact: Phone: TFCA Expended: Total Project Cost: $ Project Siert Date: Completion Date: 1. Project Description: For ddesharing projects, describe and quantify the target poputatron, e.g. total employees at how many work sites, or total students at how many schools. Describe the serv`lce,incentive, or Information provided(e.g. amount, duration, eligibility criteria for Incentives), and quantify the number of Individuals who requested the service or Incentive(e.g. the number who received a transit subsidy,guaranteed ride home, etc.). Include the total cash value of the incentivesIvouchers actually distributedlused. For shuttlerfeeder bus service protects,provide the service schedule, a route map and one year of operaUonai data including average daily ridership, total annual boardings, and miles of service. 2. Vehicle Trips Reduced by Project: Provide data on the vehicle trips that were reduced by the pmtect, based - upon the prr`or travel mode of users(e.g. #drive alone commuters who switched to alternative mode). if the protect has several components,provide the data for each protect component on a'separato line. Enema . New Access Trips: Provide data on anyems,,_vehicle trips that were generated by the pmlectr such as now trips to access a transit station or a Park&Ride lot. 4. Shuttle/Vanpoot Trips Generated by Project: Provide dater on any new shuttle or van trips that were generated by fhe protect a. Monitoring methodology: Explain the methodology used to generate the date provided above. If a survey was performed, provide the response rate and a copy of the survey Instrument and results. Provide data on prior(pre-project) travel made of project benefrclades. Attach supporting documentation as needed. SAAQMD TFCA Funding Application for Program Managers Page 3 Attachment A Contra Costal County CMA I-Y1998199 pate PROJECT MONITORING FORM 2 Clean Air Vehicle Projects Use this farm for clean air vehicle projects,Including Infrastructure.Attach additional shoots as needed. TFCA Project# Project Sponsor: Project Title: Contact: Phone: TPCA $ Expended: Total Project Cast: $ Project Start mate: Completion date: Total# of Vehioies Acquired: Provide the following information for each clean air vehicle acquired with TFCA funds, based upon one year of operational experience. Provide the following Information re:disposition of vehicles that were replaced: If vehicles were scrapped, provide documentation that the VIN has been retired(engine block and frametchassis destroyed)..If vehicles were sold,submit vehicle saiefrFCA reimbursement form. Make cheap payable to Bay.Area Air Quality Mgmt.. District and specify'Account 49'on the check. On a separate attachment,describe any Issues or problems that arose due to the maintenance,refueling,or operation of the clean air vehicles or Infrastructure funded. For refuelingtrecharging Infrastructure projects: I. Describe the refueling/recharging infrastructure Installed. Describe technical specifications, manufacturer,and lotion. For electric vehicles, Indicate Inductive or deductive charging. 2. indicate the number of vehicles that use the Infrastructure and submit data on the average fueVeleoWelty provided per month. 3. Describe policy re: public access to the infrastructure. BAAQMD TFCA Funding Application for Program Managem Page 4 ' Attachment A Contra Costa County CMA FY1199=9 Date PROJECT MONITORING FORM 3 Bicycle Projects TFCA Project# Project Sponsor: _ - Project Title: Contact: Phone: TFCA Expended: $ Total Project Cost: Project Start Cate: Completion Date: Complete the section that applies to the type of bicycle project Implemented. Use additional sheets as needed. On Road Bicycle Improvements: Provide the following Information for each segment of project. User counts should be performed on a weekday during the May-September period(excluding Bike to Work Week). Postoprojeat count should be performed 3-6 months after completion of the facility. Counts may be performed for the entire day, or daring the a.m. and p.m. peak periods, i.e. 7-9 a.m. and 4-6 p.m. Pre-Project Count Po Project Count Bicycle Lockers and flacks: Rack user counts should be performed anytime between 10 a.m.and 2 p.m.during a weekday In the May-September period(excluding Bike to Work Week). Lockers - Racks Attach a map showing kacation(s)of lockerslracks.Describe methodology to determine user data. For locker projects,attach results of a survey of locker users to determine the following: 1.prior travel made(for similar trip before lockers were Installed) 2,average number of days per week commuting by bike before lockers were available 3.current number of days per week commuting by bike 4,average length of bicycle trip Note:Air District can provide a surrey quesUonnalre upon request Bicycle(tacks on Buses:Count of rack users should be performed all day(7 a.m.to 6 p.m.)on a weekday In the May-September period(excluding Bike to Fork Week). Police Bicycle Projects:(based upon one year of operation experience with the bicycles) r a ' � -liari� •:. +�� IE ill �l� IT"i RIM I fir ul BAAQMD TFCA Funding Application for Program Managers Page 6 Attachment A Contra Costa County CMA FY1998199 PROJECT MONITORING PORM 4-Arteria Management Projects Date TFCA Project _ Project Sponsor: Project Title: Contact: Phone: TFCA$ Expended: $ Total Project Cost: $ �� Project Start Date: Completion Date: Complete Pert I for signal timing projects and Part 2 for transit bus traffic signet prioriftatlon projects. Part 1. Arterial Signal Timing Projects Use a separate reporting farm for each road segment and congested period(i.e.AM peak and PM peak)affected by the protect~ Provide information for bath directions of traffic(e.g. N&S)using a separate tine for each direction. Measure vehicle speed and traffic volume concurrently.The before project data shall be gathered within 3 months prior to construction and reported on Lines 1 and 2. The initial post-project data shall be gathered within 1 month after project completion and reported on Lines 3 and 4. The 2-year post project data shall be gathered 23 to 25 months after the construction of the project and reported on Lines 5 and f. Attach map showing loca#lon(s)of re- timed traffic signals. Arterial/Segment Length(nearest 0.1 m.} Congested Period: k 1 R M- 1. Before Pro ect 2. Before Project 3, post-Pmect 4. Past-pmect 5. 2 rs Post-Pro cot 6. 2-yrs Post-PNject Part 2.Transit Bus Traffic Signal Prlodtlzastlon Projects Provide the fbilowing Information,using a separate column for each bus route that benefited from the project.The post-project survey should be per omt--d 12 months after completion of the project Improvements cuing an Air district approved ridership survey to determine the number of new riders who previously drove atone. Kam Average age of buses on route Distance of bus route(onewa Das pqr year of service #Runs per day one!rta without project #Runs per da ong-MM with p&tq Average bus speed without project _Average bus E222d with Eiled Averago passengers m run without pnpJact Avera a Mors p2r run with project Average change in ridershipon route over_past 3 Yrs. Number of new riders who-previous drove alone Attach asap showing location($)of traffic signals where transit signal priorldzation systems were installed. Indicate where other improvements were made to the arterial to improve transit speeds(e.g. bus bulbs,queue lanes). BAAQMD TFCA Funding Application for Program Managers Page 6 Attachment A Contra Costa County CMA F Y1998199 PROJECT INFORMATION A. Project Number. 98CC l5 B. Project Sponsor Cour of Centra Mosta C. Project Contact Steven Goetz D. Contact Phone#:. 925)93337 P. Project Tltle: Long-distance Commute Van RepLacement F. TPCA$Al€orated: _ $44,282 G. Total Project Cost $89.356 Other Funding: Amount Source 4§,074 Contra Costa Centre As�smiation H. Project Description: The Contra Costa Centre Assoclallon operates an employee trip reduction program as a condition of its development agreement with the County. The trip reduction program includes a vanpool program that targets long- distance commuters. The TFCA funds for this project will provide 50%of the cost to replace three existing vans that have reached the end of their useful life. Each of the new vans will have a rapacity of 12 passengers. As a condition of approval, the Contra Costa Centre will create a vehicle replacement fund,as outlined In the April 22, 1998 memo from Linda Young at Contra Costa Centre to David Burch at the Air District. A portion of monthly rider fares, as specified in the memo,will be deposited Into the vehicle replacement fund to provide for replacement of the vanpool vehicles at the end of their useful life. i. Project Schedule: Start Date(molyr) 7/98 Completion Date(molyr) 0/96 (Por fulfillment of monitoring requirements.) J. Monitoring Requirements: Project sponsor Is to provide monitoring data as specified In TPCA Project Monitoring Perm I based upon one years operational data for the new vanpool vehicles. BAAQMD TPCA Funding Application for Program Managers Page 19 r � LIa o cn ' .� EXHIBIT B (page ) TRANSPORTATION FUND FOR CLEAN AIR CONTRA COSTA PROGRAM MANAGER(400/6) APPLICATION I PROJECT PACT SHEET FY 199"9 SUMMARY INFORMATION 98C+C15 1. Project Sponsor(Agency): Contra Cosh County Project Manager:Steve Goetz Street Address: 651 Pine Street,N.Wing,4thFlr.Phone No. (925)335-1240 CPty/State0p: Martinez, CA 94553 FAX No. (925) 335-1299 2. Name/Title of person with authorization to sign the Co-op Agreement with CCTA: Steve Goetz, Transportation Manner 3. Type of Project: (See Attachment A for project Ilst.) Trip Reduction Projects 4. Project Name: Long-Distance Commute Van Replacement 5. Project Budget: TFCA 401/6 Program Manager funds(this application) $_L4.281.89 TFCA 613%Regional funds(applied for through BAACIMD) $_ Other(list each additional funding source) $ 45,074.49 TDYK Developer Fees Total: $ 89,356.38 PROJECT INFORMATION(Please attach) 6. Project Description: a. A summary statement which Includes a description of exactly what the funds will be expended on,and the project scope. b. Any additional project attributes that you would like to have considered when this project is evaluated. (See page 5 of the reference Guide for Information on allocation crfteria.) C. The correct supplemental form,as indicated In Attachment A,containing required Information for your specific project". (This Information wi11 be used In part to evaluate the cost effectiveness of the project. Please refer to Attachment B for additional Information on cost effectiveness calculations.) 7. Project Schedule: Start Date (mo/yr)__7 98 Completion ©ate: (mo/yr)-2—/98 8. itemized Annual Project Budget:(Please complete attached spreadsheet;) 9. Milestone Schedule:(Report on milestones,wi11 be submitted with"17mely Use of Funds" surveys,andlorquarterfytnvoices.) please see Attachment A to Milestone l3e0tions: 10. describe Project Monitoring:(Please refer to Attachment C for project monitoring requirements.) Please see Attachment A 11. Is this project supportive of the Action Plan goals for the subarea In which you are submitting this application? MYes E3No Explain. The project supplies vehicles for employee commute use in the subarea. 12. Doses this project serve a disadvantaged community? (Defined In Attachment D.) 13Yes ClNo If yes,please attach documentation. CAArMLE.%NTDMTMA%TTCA,+ppwo-nae"s9mo �S VVV tC5 � So • iri 10at tu v z s re se EY1B �r ao � -c �$ry� lei i e� EXHIBIT B a+'ti � � � i t 1 3 3 i 3 a ♦ r e c - Z r i r r f � x y►�i.�t Via'! ax ?�sx s : '� "'�+'Y' "+� s ,,,� xx 6 3 ♦ f i ! f / i i 1 1 1 / 3 a i t 3 sl c � as x cc c i EXHIBIT METHOD OF REIMBURSEMENT l. SPONSOR shall be reimbursed on a cost reimbursement basis after submitting documented legitimate expenditures for the intended purpose of the approved PROJECT. 2. SPONSOR.shall submit requests for reimbursement on at least a quarterly basis. Monthly requests are also permitted. 3. Within forty-five(45)days following the end of each quarter, SPONSOR shall submit: A. A completed Reimbursement Request Form(EXHIBIT C-1); B. A Project Expenditure Summary showing project-to-date budgeted versus actual expenditures by budget line item and source of funds. See Exhibit C-2 for required format. C. An itemized list of all costs(direct and indirect), including,but not limited to, salaries and benefits,equipment and supplies,professional development,travel, - rents and leases, surveys,marketing, and training/workshops given. The listing shall denote which costs are direct project costs(TFCA or Measure C funded) and which costs are indirect administrative (Measure C funded)costs. Invoices shall be provided for all individual expenditures in excess of$250.00. D. Copies of time sheets prepared at least monthly which correspond to a pay period. The time sheets shall designate hours as either; 1) TFCA or Measure C(where applicable)direct PROJECT implementation hours; 2) Measure C indirect administrative hours,or 3) Unbilla'ble(non-TFCA or non-Measure C funded)hours. If hours are for direct PROJECT implementation,the hours shall be identified to a specific PROJECT in the work plan. The time sheets',shall be signed by the employee od the employee's supervisor having first-hand knowledge of the work performed by the employee. E. A summary of hours and hourly rate charged per project and per employee. The summary shall also indicate the composition of the hourly rate charged for each employee(salary versus benefits). F. Copies of payroll registers supporting the hourly rate charged for salaries for each employee. EXHIBIT C (page ) 4. The SPONSOR shall certify on the Reimbursement Request Form that funding is being requested for expenses incurred which have not been included in a previous request. 5. The AUTHORITY shall process payment to the SPONSOR within fifteen(15)working days after receipt by the AUTHORITY of all the information required per items 2.-4. above. The AUTHORITY reserves the right to adjust payment to the SPONSOR should expenditures include ineligible costs. 6. Funds remaining after completion of PROJECT are to be refunded to the AUTHORITY within sixty(60)days after the finial payment by SPONSOR for the PROJECT. C*\WPKLEgx'MM9&-99\Mamr9899CoopEX-C.vvpd MASTER COOPERATIVE AGREEMENT NO.43.00.55 BETWEEN CONTRA COSTA TRANSPORTATION AUTHORITY AND CONTRA COSTA COUNTY EXHIBIT C-1 Reimbursement Request Form Program Name: Date of Request: Resolution No.: Auth Index No.: Fiscal Year Allocation: Cooperative Agreement No.: Org No./Source of Funds (check one) : 9588 Measure C 9593 TFCA Expenditures reported are for the quarte. ended (check ane): Sept 30th Dec 31st Mar 31 st June 30th Year Reimbursement requested for expenditures paid during quarter $ Certification Sponsor certifies that funding is being requested for expenses which have not been included in a previous reimbursement request. Sponsor certifies that casts reported are appropriately designated as either dire,-, TFCA,direct Measure C,or indirect Measure C administrative costs. Submitted by Date C:IWPFFLES\TDNACoop519899CONTR.ACOSTACOE'., !'N-C.wpd EXHIBIT C-2 Adjustment Form (Example) E Z LL a E E M .. CL tf �. � z CD ii r� a s t Mi o cs —0 E is e+a ev r uY CD CO 0WCS 0 LU CL Z OZ CD 0 0 aa)i E t� a> a LU ' ,- am u? cs 0 0 E � c � V LO C7 co � � 0 cl M 0 � � � U 6 t V co CLM w °� co 0 E C E M M w LL o z � cE DE 'Ci ass' z � � cis � U. 4M � !— u LU tM C 40 2 80 ca 0 X CL M Q. CO 0° cin " < _0 EXHIBIT C-2 Adjustment Form c . spy. 4) 66 12 � CL 0 ' im tq z a•' 12tl z < wCD C � v 0 U w 0 E ,CL Z M CL C 0 0 CDa CL a c vs O �y 0 CS M 2. Ef0 , rs o z z � 6 €� 0 Z a � Z LL X Z E . LL U- za uJ m 0t; 0 ca CO 0 .. .. CL w FCO W � a z 88 EXHIBIT D CONTRA COSTA TRANSPORTATION AUTHORITY TFCA PROJECT STATUS REPORT Allocation Year 1998-99 Q-X Date: Return to: Project Name: Arielle E.L.Bourgart Assistant Director Project No.: Contra Costa Transportation Authority 1340 Treat Boulevard, Suite 150 Project Manager: Walnut Creep,CA 94596 Contact Person: Return by: Arra.4f Original Report submitted by: Allocation: (Signature) Funds Expended to Name&Title: Date: Amt. Billed to [must be indicated in Section III,paragraph 5 of OCTA to Date: Agreement as Authorized signatory for sponsor] In order to ensure the timely use of TFCA funds,the Authority has adopted a policy requiring all TFCA project proponents to file periodic reports indicating the project implementation status. Please provide the following information on the project indicated above. 1. Has project implementation been initiated? Yes 0 No 2. Implementation of the project is: in Schedule C] Ahead of Schedule 0 Behind Schedule 0 If project is behind schedule,please explain and indicate on a separate attached sheet when it is expected to be back on track. 3. What project-related activities have been completed,to date? 4. What activities are currently underway? (Please provide estimated date(s)of completion.) 5. According to our Cooperative Agreement,number ,your program must expend and bill CCTA by . To ghat extent do you believe this project will next meet these important billing requirements? Can Schedule 0 Ahead of Schedule 0 Behind Schedule 17 tlitlstW.A%'PFaZS1,TFCA Project Stain Reyon Q-3.wpd EXHIBIT E CONTRA COSTA TRANSPORTATION AUTHORITY RESOLUTION NO.96--04 A. RE: DISPOSITION OF SURPLUS PERSONAL PROPERTY ACQUIRED BY A MEASURE C PROJECT PROPONENT*OR RECIPIENT OF MEASURE C PROJECT FUNDS WHEREAS,the Authority currently lads a formal policy with respect to the disposition of surplus personal property acquired by a.Measure C project proponent,or recipient of Measure C p r ram funds; WHEREAS,State Attorney General opinion(Opinion No. 65-174,November 16 *1965)provides general guidance as to how a public agency can legally dispose Of"surplus property; WHEREAS,this opinion states that a public agency is required to sell this property at its fair market value,tb the extent the surplus asset has economic value; WHEREAS,local jurisdictions,school districts,non-profit organizations with Contra Costa County are in need of used office equipment,partimdarly computers, NOW,THEREFORE,BE IT RESOLVER that the Authority hereby adopts a<formal policy on the disposition of surplus personal property as described in Exhibit A,attached. Don tzin, r This RESOLUTION was entered into at a meeting of the Contra Costa Transportation Authority held September 18, 1996 in Walnut Creek, California Attest: " Rz�bert 1 ' I3irector C,tWPF1LES\COMf41'1 ME\AC4199M9\ASSTPLCY.WPD CONTE COSTA TRANSPORTATION AUIHORM MMMIe4FiRMMMYAeIYMFibiil{1NWtifMMff MfR iifMltKIKiRM1EiIkMiPFtitMfil M 91[iM itMM POLICY 01V DISPOSMIOrf OF SURPLUS PDR.SO AL PROPERTY ACQUIRED BY A PROJECT SPONSOR OR RY,0IPM1gT OF PROGR FUNDS AND NO LONGER REQUUIR) D FOR TEM OR PP'.OW♦; A. The purpose of this policy is to set forth requirements for the disposal ofpersonal property (`defined for purposes of this policy as any pr�operty, furniture, futures,furnishings, equipment or other asset, other than real property or any interest therein) acquired by a project sponsor or recipient of program funds for a project or program funded in whale or part by Contra Costa Transportation Authority {'"Authority*}Measure C sales tax and other funds (thee "project*J Personal property purchased with Measure C Low Street Maintenance and Improvements funds ("18%funds'")shall not be subject to thzs po' B. Project sponsors and program recipients shall account for the Purchase,OfPemnal Property by funding source in accordance with applicable Provisions of state or federal taw or mulation,and in accordance withgenerally accepted accaun V standwds for public agencies, and shall main&dn arul update an inventOrY of all personal property purchased for purposes of`the,project. C. At the earlier of either the completion or other termination of the pr ,t'ec4 or the end of the useful life of the personal pr operty, the propvV shall be declared surplus and shall be disposed of in accordance with this policy, subject to overriding state or federal law requirements. See Section 4 of this,policy. SP\961'690042 (6/27/96) D. Unless otherwise expressly indicated herein, "surplus property* means each individual item of such property identifted by the prgyect sponsor or program recipient as surplus. SECTION l.. Authority's right of first real with respect to surplus property. Prior to any disposal of surplus propel in accordance with thi needed for the project, and for which neither the Authority nor the project sponsor or program recipient has determined it has a use, shall be disposed of as follows: A. Determination of value of property. An initial determinati C. Disposal of property with valtm of$5,000 or less. ifthe determination is that the surplus property has a value of$5,000 or less,the property shall,be disposed ef'by the project sponsor or program reaiplont as follows 1. The cities, towns and the county, other than the project sponsor or program recipient, shall be invited to bid on the surplus property by submitting a bid in writing to the project sponsor or program recipient. If there are no city, town or county bidders for the surplus property, the school districts,the County Board of Education and any other public agency the jurisdiction of which is entirely or partially within the county which the Executive Director of the Authority determines should be permitted to bid shall be permitted to submit written bids for the property. The property shall be sold to the highest bidder,regardless of the bid amount and the number of bidders. Notice may be given by the project sponsor or program recipient orally or in writing, and no informality or irregularity in notice or bidding shall invalidate the process. 2. If there are no bids, it shall be assumed that the property has no value and it shall be disposed of in accordance with Section S. B. above. D. Disposal of property with a value in excess of$5,{)00. If the determination is that the surplus property has a value in . .s of$5,000,the property shall be disposed of by the project sponsor or program recipient as follows. 1. A notice of sale of surplus.property shall be posted.in a pronghent and public place at least 10 days prior to the sale. Copies of the notice shall be mailed to the Authority and to the county, cities, towns,school districts,the County Board ofEducatidn and other public agencies, the jurisdictions of which$re entirely or partially within the county, and to any ether persons who have requested 'from the project sponsor or program recipient in writing,notice of such dales of surplus property. For sales of surplus property the estimatedvalue of which exceeds $10,000, a classified advertisement shall appear in at least one local newspaper at least 10 days in advance of the date of the sale. -4- 2. The notice shall describe the prmperty'tbr sale in commercial terminology and as f idly and accurately as possible, including its condition. The surplus property shall be available for inspection by prospective bidders prier to the sale. No information shell be provided to a prospective bidder that is not available to all prospective bidders. 8. Except as set forth below, surplus proper shalt be sold by competitive bid. Sales may be conducted as sealed bid, spot bid or auction sales,- or in any other lawful manner as determined by the project sponsor to likely achieve the highest passible sales price after considering costs of sale. In a seated bid sale, bidders shall be required to submit sealed•written..-bids4on authori a bid forms for public opening at a time and place designated. In a spot.bid.sale,.bidders shall be provided with bid forms in advance of the bidding, a bid form to be used for each lot or unit to be separately sold. In requesting bids, the official in charge shah announce the item, its identification number and a brief description of the item or lot. The right to reject all such bids for a.lot or item shall be reserved in the terms of sale; items for which all bids have been rejected may be reoffered at the same sale. After exa lt all bids, award shall be made or bids rejected immediately. 4. In an auction sale,terms and conditions shall have been published prior to the sate and special and unusual conditions shall be announced by the person conduces the sale immediately prior to the commencement of the auction. The project sponsor shad reserve.the right to reject all bids and to reofler the same at the same auction where the published.ter -ands eondif on;so provide. 5: If a city, town or the county is a bidder on any surplus property offered by seated bid or spot bid,the bids of any such city,town and/or the county shall be opened first and the highest bidder among bidding cities,towns and the county shall be the winner. If the sate is conducted by auction,the auctioneer shall determine i surplus property shall be sold to the highest bidder among the other bidders, by sealed bid., spot bid or auction as appli SECTION& Proceeds of sale or retention of surplus property; use of proceeds by the Authority. Subject to Section 8 above; A. Proceeds of sale. Proceeds of the sale of any surplus property, not of costs of sale as set forth above, shall be promptly forwarded to the Authority. E. Proceeds of retention. if the project sponsor retains the surplus property, the appraised value, if any, shall be promptly forwarded to the Authority. C. Use of proceeds by Authorf. Proceeds of the sale or retention of surplus property may be reprogramm.ed.by the Author ty-for,a y authorized Measure C purpose. { Assets Acquired with TFCA Funds If there have not been any fixed assets acquired, please complete the first section and write "NONE" on line item 1. This section must be completed.- Wage Of Program Sponsor- Prepared by: bate: line Asset nate Purchase Funding # Tag## Asset Description Location Purchased Price Source 01 TFCA 02 TFCA 03 TFCA 04 TFCA 05 TFCA 06 TFCA 07 TFCA 08 TFCA 09 TFCA 10 TFCA 11 TFCA 12 TFCA 13 TFCA 14 TFCA 15 TFCA 16 TFCA 17 TFCA 18 TFCA 19 TFCA 20 TFCA. 21 TFCA 22 TFCA 23 TFCA 24 TFCA 25 TFCA 26 TFCA 27 TFCA 28 'TFCA Phase retain copy far your record's fixedafr.xls EXHIBIT F Master Cooperative Agreement No. 43.00.E NOTICE OF TERMINATION DATE Date: To the Attention of. "SPONSOR'S Contact Name" 'SPONSOR'S Address" "SPONSOR'S Address" This acknowledgment is to identify the specific TERMINATION DATE of the Master Cooperative Agreement No. 43.00.XX executed between the SPONSOR and the AUTHORITY on (gate) The AUTHORITY received the first payment from the DISTRICT on for the related fiscal year. (Date A) Therefore the TERMINATION DATE,pursuant to Section III, Section 1 of the AGREEMENT, is (Date,22 months from Date A) Other than identifying the specific TERMINATION DATE to this AGREEMENT,this Exhibit in no other manner modifies the AGREEMENT. AUTHORITY Date \Vjie11e\6WPFILESWotice of Termination Date(Exh.F).wpd TO: BOARD OF SUPERVISORS FROM: Dennis M. Barry, AICD Director of Community Development DATE; September 15, 1998 SUBJECT: Contra Costa County Emergency Shelter Grant Program, FY 1998/99 SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS ALLOCATE $152,000 in FY 1998/99 Emergency Shelter Grant (ESG) funds and AUTHORIZE the Deputy Director–Redevelopment or his designee to enter into FY 1998/99 ESG contracts for the following projects: 1. Case. eznent---case management paired with direct rental assistance for homeless families and those at-risk of homelessness throughout Contra Costa, sponsored by Shelter, Inc. ($17,800). . Essential Services--Provide a 24-hour"800" Homeless Hotline for information and referrals to emergency shelters and homeless services, sponsored by Contra Costa Crisis Center($10,000). 3. Homeless Emergency Shelters—operating expenses for the Central County and Brookside Homeless Shelters, sponsored by the Health Services Department ($101,400); 4. operating expenses for the Rollie Mullen Center Emergency shelter for battered women and their children, sponsored by the Battered Women's Alternatives($15,200); and 5. ALLOCATE$7,600 to the Community.Development Department for administrative costs of the ESG Program. CONTINUED ON ATTACHMENT: X YES SIGNATURE: RECOMMENDATION t3F COUNTY AD�YIINISTi2ATOR RECOIVi. E ATION OF OARD CCiIYIM EE APPROVE OTHER SIGNATURE(S): 44e V ACTION OF BOARD ON ptember 15, 1998 APPROVED AS RECOMMENDED.L_ �. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNAI V1O1..,'S (ABSENT No=ie ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE BATF, SHOWN. Contact: Dara Douglas(3351253) cc: County Administrator ATTESTED dS County Counsel PHIL BATCHELO , CLERK OF THE BOARD OF Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR Community Development (CDD) BY ? , , DEPUTY ..... ....... ..... .. . FISCAL IMPACT No General Funds are involved. ESG funds are allocated to the County by formula through the U.S. Department of Housing and Urban Development(:HUD). BACKGROUND/REASONS FOR RECOMMENDATIONS Contra Costa County receives federal Emergency Shelter Grant (ESG)funds on an entitlement basis for use in funding emergency homeless shelter operations and related services, and homeless prevention activities. The County's FY 1998/99 allocation is $152,000, including five percent for program administration. ESG funds are allocated through a competitive application process administered by the Community Development Department(CDD). On April 13, 1998, a Notice of Funding Availability (NOFA) was sent to 31 public agencies and nonprofit housing and homeless service providers active in Contra Costa County. In June, 1998, CDD received 5 applications requesting a total of$327,664 (later adjusted to $270,286) in ESG funds. Attachment A contains a brief summary of applications received. Projects were evaluated and funding recommendations developed using the following criteria: • consistency with homeless shelter and service priorities identified in the Contra Costa Consortium Consolidated Plan 1995-1999 and the Contra Costa County Continuum of Care .Homeless Plan 1996-2001; • eligibility under federal regulations (24 CFR Part 576); • alleviation of homeless needs; • degree to which the project serves the target population; • project feasibility and cost-effectiveness in meeting homeless service and shelter needs; • proposed matching funds and ability of the project to leverage other resources; • experience of the applicant in homeless service provision of the type being proposed; and • project readiness. The following projects are recommended for funding: • Emergency Case Management Prog-am—As proposed, Shelter, Inc. will use ESG funds ($17,800)to provide case management to families at risk of homelessness who are receiving direct rental assistance through Shelter, Inc.'s Rental Assistance Program. The Rental Assistance Program receives funds from federal and private sources to disburse to county residents to prevent eviction, mortgage foreclosures, and to assist the homeless with move-in costs for a new residence. The Emergency Case Management project will provide case management support to eligible clients participating in the rental assistance program. The case manager will work with the individuals and families to develop a comprehensive Self- Sufficiency Action Plan (SSAP) that covers housing and job search activities, money management counseling, and assistance in utilizing other services. The SSAP defines attainable goals and objectives for becoming economically self-sufficient. Provision of ESG funds will support case-management services for 16-20 families. • 24-Hour Homeless Hotline—As proposed, Contra Costa Crisis Center will use ESG funds ($10,000) to support the 24-hour homeless hotline. This hotline facilitates the homeless' access to a variety of services, including emergency shelter and food,job training, health care, and transportation. In FY 1998/99, the Center expects to answer 13,500 calls from homeless people in Contra Costa; make 6,600 referrals to homeless shelters and other services; and provide crisis counseling to 1,200 callers on the homeless hotline. ESG funds will be used for a portion of the staff costs associated with training and supervising the volunteers that answer the hotline. • Homeless Emerged Shelter Operation—As proposed, the County Health Services Department (HSD) will use ESG funds ($101,400) for operating expenses at the Central County and Brookside Emergency Shelters with a combined capacity of 116 emergency shelter beds. The County shelters serve a critical need through the provision of emergency housing and services to very-low income homeless populations in a cost-effective manner ($32 per shelter bed per night). In addition to short-term emergency shelter, residents may elect to participate in a long-term, transitional program designed to facilitate movement toward individual self-sufficiency. Provision of ESG funds will support shelter operations for four to five weeks. KD C:\DATA\WP60\ESG\1998\BDORDR.wPD .......................... _....._............................................................................................................................................................._............................. ..................................................._ _. __ Battered Women's Emermzency Shelter---uttered Women's Alternatives proposes to use ESG funds($15,200)to pay some of the staff costs associated with operating expenses. For 21 years, Battered Women's Alternatives (BWA) has provided services and emergency shelter to victims of domestic violence. BWA annually provides approximately 7,614 emergency shelter bed-nights for women and their children who are homeless because they are in peril due to violent relationships. BWA strives to provide shelter for these women and children while they reconstruct their lives and find safe and stable housing. BA%A provides up to six weeks of shelter which includes food, clothing, case management, employment assessment, counseling and housing referrals. Without ESG funding, BWA would have to would reduce staff and/or services for its emergency shelter program. The Saint Vincent de Paul Overnight Rotating Shelter and Rental Assistance programs are not recommended for funding;this year due to the premature nature of this project and lack of additional approved resources necessary to make the project feasible, C:\DA kANWP60\ESG\1998`BDORDR,WPD m o Cl V o o 6q r* E 0 .. 00 a o Ca ts o a 69 fir; m m c`ox U*)44 64 JOR rte• H Q+ 619i 4+►40 cn uj 0 CC_4 a00 CN Com+ c 0 CO er LO r` rs m na w CL o co � 04 a c 0 ca ca ca cx 64o a— CLm � cm c m` uNi 00ac�a0 a;a cts � aca io as cs >, m 0'+ 64 r v amCL i oc E En's CD o Ev es c c cv a ae tri to va E 'a <' ea co r ti3 z IN va ua � C-a r- >1 t ( � `c as � �` �, cta ca w tr �a as Ca n a ca �� 0 Ca 0 0 0 c za § cb av rte` uS u7 ` ii c at :t a m := as T' w m arm E +w► 64v3 E E Etm EES co 1! a m 'm 3 o j 6 as Cox 0 0 `�t (e) N 0 °S ti CL E P. - ami ca C . s� 60 N w 0 w Ot° �a as io c CD 00 aCL0 � 10 c vs ati 0. E � E voa W as as ,1 V) ' = = 64 .� 0 as o 0 �'44W o 2 rsas � u 'sra us en Q7 W 0 o w . 'tu w as a va as 0 '0 0 �`0 to - as c > �—�' a +� 68 0f to C3 a� Z o E ca c3a zs CL o 0- m E 4 ) c CL us 0 ED m to o ci cia s va > H E com E r 0 �t as . -= E +, va as � EoE oaaa� uai , aaa cm W > E j n as ` o pa E ti m LL E M' m CN w 0 cox 0 0 CL ( � CL $ °a va 0— 2 - 0 m iia' v o ,o v �- fn N as as (D m as >, to err � c n E L> ,fin U .E m m E � c coa as X E as as a c o w. c ` o E i as d ev ' o .a E i as ' as CD 0 0 0 oa �` ra �. C`a E as ;v N v �y o sv a) CL E- a E m m ,2 to r_ 0 P 0 a vvaCL 0 riU) Y z co C rn rn rn w IwoSJ w w w TO: BOARD OF SUPERVISORS FROM. William Walker, M.D. , Health Services Director By: Ginger Mar.-Lei ro, Contracts Administratora GContrac�sta DATE: September 3, 1998 Costa f SUBJECT: Approval. of Contract #25-513 with City of Richmond' SPECIFIC REQUEST(S)OR RECOMMENDATION(S)a SACKOROUND AND JUSTIFICATION R.ECOMMENAATION(SS) : Approve and authorize the Health Services Director, or his designee (Mary Foran) , to execute on behalf oL the County, Contract #25-518 with City of Richmond, for the period from ,September 1, 1998 through August 31, 1999, in the amount of $90, 000, for operation of the Partners for Health Neighborhood Service Centers . FISCAL IMPACT: This Contract is funded by a grant from the California Wellness Foundation. No County funds are required. BACKGROUND/REASON(S)-FOR RECOMMENDATION(S) : Partners for Health Project is a papulation health improvement project operating in four neighborhoods in West County (Parchester Village, Iron Triangle, North Richmond and "Old Town" - San Pablo; . The purpose of the Neighborhood ServiceCenters is to provide a basic level of job readiness and preparedness services at the neighborhood level to those residents with the greatest need for an intensive individualized focus, particularly those res dents not targeted by the Welfare to Work/CALWbRKS system. Under this Contract, the City of Richmond' s Private yndustry Council, RlCHMONDWCRKS, will implement the required direct service component of the Partners for Health grant required by the California Wellness Foundation. CONTINUED ON ATTACHMENT- SIGNATURE " /yy RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE ,OTHER r ACTION OF BOARS}ON_-- Se;1tembpr lar 1998 APPROVED AS RECOMMENDED VOTE OF SUPERVISORS UNANIMOUS (ASSENT. None l I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED �t PHIL BAT HELOR,CLERK OF THE'BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR ContactP"erson: Mar�7 Foran (370-5010) CC: Health Services (Contracts) Risk Management Auditor Controller 13Y e ,� DEPUTY Contractor TO: BOARD OF SUPERVISORS FROM. William,m, Wa'ker, M.D. , Health Services Director �`_.:`:�.°µ Contra By: Gi.ger Marieiro, Cry.tracts Administrator Costa DATE: September 4, 1998 County SUBJECT: Approval of Contract #27-218-1 with California. Psychiatric Medical SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: Approve and authorize the Health Services Director, or his designee (Milt Camhi) , to execute on behalf of the County, Contract #27-218-1 With Cali-fornia Psychiatric Medical Group, for the period from. January 1, 1998 through December 31 , 1598 , mor the provision of professional mental health services for the Contra Costa Health Plan, at the following rates : $100 . 00 per initial evaluation session; and 70 . 00 for each additional therapy session. FISCAL IMPACT: This Contract is funded by Contra Costa. Health Plan member premiums. Casts depend upon utilization. As appropriate, patients and/or third party payors will be billed for services . BACKGROUND/REASON(S) FOR RECOMMENDATION(S) : The Contra Costa Health Plan (,,--'CHP) has an obligation to provide professional psychiatric services for CCHP members with mental health therapy services as a covered benefit . This population includes Medi- Cal., Medicare and Commercial members enrolled in the Health Plan. On November 19, 1956, the Board of Supervisors approved Contract #27- 218 with California Psychiatric Medical. Group for the period from November 1 , 1996 through October 31, 1997, for the provision of psychiatric services . Approval of Contract #27-218-1 will allow the Contractor to continue providing services through December 31, 1.998 . CONTINUED ON ATTACHMENT: *ES- SIGNATUREp a� RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE _OTHER V °� T _ S °� .ti ACTION OF BOARD ON September 15.2_.1998 APPROVED AS RECOMMENDED X GNAW VOTE OF SUPERVISORS i HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS {ABSENT_ CSLte } AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. r• ATTESTED- PHIL BAT iELOR,CLERK OF THE 130ARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact Person: Milt Can-un i (313-6004) CC: Health Services(Contracts) Risk Management Auditor Controller BY DEPUTY Contractor TO: BOARD OF SUPERVISORS FRONT: TONY COLON, DIRECTOR COMMUNITY SERVICES DEPARTMENT DATE: September 15, 1995 SUB.IECT: APPROVAL OF EXPANDED STATE PRESCHOOL DELEGATE AGENCY CONTRACTS. SPECIFIC REQUEST(S)OR RECONMENDATION(5)&BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: APPROVE and AUTHORIZE the Community Services Director or designee to execute contracts for Expanded State Preschool services effective July 1, 1998 through June 30, 1999 as follows: Number Contractor Payment Limit 38-270-7 Pittsburg Preschool Coordinating Council $ 111,132 38-272-7 Mt. Diablo Community Child Care Advocates 111,132 38-274-7 Greater Richmond Social Services Corporation 55,566 38-278-9 YWCA of Contra Costa County 55,566 38-616-4 First Baptist Church 111,132 38-623-3 Antioch Partnership for Quality Child Care 111,132 38-628 Bayo Vista Child and Family Center 111.132 TOTAL 666,792 11. FINANCIAL IMPACT: No County funding is required. These contracts will be funded by Contract #39-811.-8 between the County and the Contra Costa Community College District (CCCCD). The College District receives its funding for this service from the California Department of Education (State). III. CHILDREN'S IMPACT STATEMENT The Community Services Department Child Development Program supports two of Contra Costa County's community outcomes: "Children Ready for and Succeeding in School" and "Families that are Safe, Stable and Nurturing." These outcomes are achieved by offering comprehensive services, including high quality early childhood education, nutrition, health, and social services to low-income children throughout Contra Costa County. CON-IINUED ON ATTACHMENT-. YES SIGNATURE: J ? � r 3 - ALRECOMMHNDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ly APPROVE OTHER & �� zyl4e c &&Jeiz 7.., it's ACTION OF BOARD ON September 15, 1998 APPROVED AS RECOMMENDED X !— VOTE OF SUPERVISORS I HEREBY CERFITY THAT IRS IS A TRUE X UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUM OF TETE BOARD ABSENT: ABSTAIN: ON SUPERVISORS ON THE DATE SHOWN. CONTACT: TONY COL6N,323-7350 ATTESTED H; 1 � t PHIL BATCHELOR,CLERK OF THE AOARD OF CC: CAC? SUPERVISORS AND COUNTY ADMINISTRATOR CSD .DEPUTY M382 (I0/88) III. REASONS FOR RECOMMENDATIONS/BACKGROUIND: The CCCCD receives funding from the State to provide state preschool services. Since 1994 the CCCCD has contracted with the County to provide direct preschool services as well as administrative oversight and support to community-based organizations (CBOs) who also provide said services. These CBOs contract with the County as ]expanded State Preschool Delegate Agencies. Approval of the above-listed contracts as outlined will allow the Community Services Department to continue to provide preschool services for approximately 216 program-eligible children residing in Contra Costa County.