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HomeMy WebLinkAboutMINUTES - 02141989 - 2.4 J-1 T: BOARD OF SUPERVISORS Fes' ra Phil Batchelor ,��.}`,, IQ County Administrator costa DATE' January 31, 1989 cam"t7 SUBJECT: ALLOCATION OF FUNDS FOR TRANSPORTATION AUTHORITY SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: 1. Approve the use of County funds and accompanying appropriation adjustments on a reimbursement basis for start-up of the Contra Costa Transportation Authority. 2. Authorize the Auditor-Controller to pay bills on behalf of the Authority, based on the above allocation. 3. Authorize Ron deVincenzi to sign requests for payment on behalf of the County. FINANCIAL IMPACT: A total of $348,530 in County funds are recommended to be used for start up; 100% reimbursable from the Authority, with interest. Of the total; $108,500 will come from Public Work' s existing budget, $225,030 will come from Community Development' s existing budget, and $15,000 will be from new revenues. BACKGROUND: On November 8, the Measure C was approved by the voters. That measure established a Transportation Authority and authorized the hiring of staff. To avoid excessive delay, the Authority is contracting with the County for staff from the Transportation Planning Division of the . Community Development Department. In addition to staff, supplies, accounting and legal services, which are included in . the current County budget, the Authority has identified the need for consultants to begin a growth management plan and for an executive director recruitment. The amounts needed for these consultants are recommended beyond the current budget. All of the advanced funds will be. reimbursed from the first payment to the Authority due in June or July. Because of this, the additional expenses can be offset by revenues without a detrimental impact on . the Community Development Department. CONTINUED ON ATTACHMENT: _ YES SIGNATURE; AV411� RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION O HOARD COMMITTEE APPROVE OTHER SIGNATURE S : ACTION OF BOARD ON February 14, 1989 APPROVED AS RECOMMENDED OTHER _ APPROVED as recommended with the understanding that the responsibility for the allocation of dollars within the categories as specified in the budget will rest with the Transportation Authority; and further, that the Authority is required to notify the Auditor-Controller if they are making any changes to preclude the Board of Supervisors from being put in the position of having to monitor and implement that budget. VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ABSENT - - - ) 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. CC: _ Community Development ATTESTED February 14, 1989 Auditor-Controller PHIL BATCHELOR, CLERK OF THE BOARD OF Public Works SUPERVISORS AND COUNTY ADMINISTRATOR CAO:. ;Sondra Rothwell) 4382/7-83 BY ,DEPUTY A separate agreement detailing the costs and. method of reimbursement provides the details and process to be followed during the start-up period. Attachments: County Allocation for Transportation Authority Appropriation Adjustment cc: Ron deVincenzi Barbara Neustadter Don Bouchet County Allocation for Transportation Authority November 1988 - June 1989 Item Amount Existing County Staff ( 3 ) $140,930 November - June Additional Planner ( 1) $ 20,000 March - June Consultant for Planning & Growth Management $ 20,000 Management Search Firm $ 17,500 Executive Director Financial Management Consultant $ 10,000 Financial Advisor $ 50,000 Accounting Services (Auditor) $ 5,000 Legal Services November - June $ 40,000 (County Counsel& private firms) Office Space, Services & Supplies, Travel $ 45, 100 Total $348, 530 AGREEMENT This Agreement is made by and between the Contra Costa Transportation Authority, a local transportation authority designated pursuant to Public Utilities Code sections 180050 and 180051 ( "Authority" ) , and the County of Contra Costa, a political subdivision of the State of California ( "County" ) . WHEREAS, the voters of Contra Costa County, on November 8, 1988, approved the imposition of a half-cent sales tax for local transportation purposes, which tax is scheduled to be collected by retail businesses in Contra Costa County starting April 1, 1989 ; WHEREAS, the Authority is not scheduled to receive its first installment of tax revenues from the State Board of Equalization until June 1989, and the Authority does not have other funds available with which to finance its start-up and operating expenses; WHEREAS, in order to pursue in a timely and efficient manner the transportation projects and growth management program approved by the voters, it is essential that the Authority begin operations immediately, rather than defer operations until tax revenues become available; WHEREAS, the County is willing to loan certain specified start-up and operating funds to the Authority and to provide certain staff, use of its equipment and supplies, until such time as the Authority begins receiving its own sales tax revenues and acquires its own staff and equipment; and WHEREAS, the Authority is willing to reimburse the County for the loaned funds, staff, equipment and supplies as soon as the Authority receives its first installment of tax revenues; NOW, THEREFORE, the Authority and the County agree as follows: 1 . The Authority finds, pursuant to Public Utilities Code section 180154, that each of the foregoing recitals is true and hereby declares an emergency for purposes of purchasing services, supplies, equipment and materials from the County. 1 2 . This Agreement is made pursuant to Public Utilities Code sections 180152 and 180153, Government Code section 6502, and all other applicable statutes . 3 . The County shall loan to the Authority a sum not to exceed $348,530, which sum shall be used by Authority for the following purposes: Services of County Community Development Department staff: (a) two planners and one clerk (Nov.-June) $140,930 (b) Additional services of one additional planner (March-June) $20,000 Consultant (planning and growth management) $20,000 Management search firm (executive director) $17 ,500 Management consultant (financial system) $10,000 Financial advisor (consultant) $50,000 Accounting services (County Auditor) $5, 000 Legal services (County Counsel and/or private firms ) $40, 000 Office space, services, supplies and travel $45, 100 Total $348,530 The foregoing amounts are to fund the services indicated. The total amount to be loaned by the County to the Authority under this Agreement shall not exceed $348,530, unless the parties mutually agree in writing to increase this amount, as provided in Section 11 below. 4 . Between the period of November 8, 1988 and June 30, 1989, the County shall provide the following services and the funding ($20,000 ) for the one additional planner to the Authority: a. Full-time services of two County planners and one clerk and one additional planner from March to June. The additional planner may be employed directly by the Authority. 2 b. When requested, legal services from the County Counsel's Office to attend Authority meetings (including preparation time) and to provide administrative legal services (e.g. , preparation of opinions, agreements, etc. ) . It is contemplated that any significant Authority litigation will not be handled by the County Counsel's Office. c. Accounting services of County Auditor's Office. 5 . From the funds loaned to and borrowed by the Authority pursuant to Section 3 above, the Authority shall pay the County for all actual expenses (including applicable overhead) of the services described in Section 4 as determined to be adequate by the County Auditor-Controller pursuant to this agreement. The Authority shall pay the County at the hourly rate (for the above- noted County staff members performed services) established by the said Auditor-Controller for Fiscal Year 1988-89 to be charged to non-County departmental users of such County staff services . The Auditor-Controller will make appropriate reductions in the overhead portions of such hourly rates where he is satisfied the Authority is providing items (e.g. , office space, etc. ) otherwise included in the County's overhead rate. Examples of some of these staff hourly rates as of the date of this agreement are shown on attached Exhibit "A" . The Auditor-Controller's determinations as to the said hourly rates, and amounts to be paid to the County for said services, incurred expenses, equipment use and supplies pursuant to this agreement, shall be final and conclusive as between the County and Authority. 6 . Until such time as the Authority purchases its own office equipment, but in no event later than June 30, 1989 (unless extended pursuant to Section 11 ) , the County shall loan the following office equipment to the Authority: a. Three computers (two IBM-XT, one ITT) , video monitors, one laser printer, one IBM Quietwriter, and software [Word Perfect, Lotus, etc. ] ) . b. Miscellaneous office equipment. No later than June 30, 1989 (unless extended pursuant to Section 11 ) , the Authority shall return to the County all of the equipment described in this section. Provided that such equipment is returned on time and in good condition, there shall be no additional charge for the Authority's use of the equipment. The County's charge for reasonable use of the aforenoted equipment for the period prior to June 30, 1989, is part of its overhead charge (rate) for staff planners . 3 7 . At the Authority's option, an appropriate portion of the $348,530 described in Section 3 above may be used to purchase equipment and supplies from the County. In such case, from the funds loaned to the Authority under Section 3 above, the Authority shall pay the County for the cost of the equipment and supplies received by the Authority. 8 . Within 14 days of the date the Authority receives its first installment of tax revenues from the State Board of Equalization, but in no event later than August 15, 1989, the Authority shall reimburse the County for the funds loaned and borrowed pursuant to Section 3 and any unpaid County expenses pursuant to Section 5 . The reimbursement made by the Authority to the County shall include interest on the funds loaned at the same rate earned by funds invested by the County Treasurer from the date of the loan to the date of repayment by the Authority. If the Authority can reimburse the County for its loan and other expenses sooner than provided herein, it may do so. 9 . a. All expenditures of the funds described in Section 3 above will be made with the written authorization for payment of the County Community Development Department's Administrative Services Officer who shall monitor the proper identification of process/codes and budget units and handling of such expenditure payments. b. The Auditor shall pay such expenditures, as agent of the Authority, from the funds loaned by the County to the Authority and to be maintained and deposited in the County Treasury to the credit of the Authority. Authority borrowed funds on deposit with the County Treasurer shall be credited with interest at the same rate earned by funds otherwise invested by the County Treasurer. c. The Auditor is authorized to receive, as agent of the Authority, the first installment of tax revenues from the State Board of Equalization, and is further authorized to reimburse the County from such installment (after five days prior written notice being first given to the Authority) , as provided in Section 8 above. 10 . In performing services pursuant to this agreement for Authority, the County and its staff shall be regarded as employees of Authority and protected by the immunities and right to indemnification extended to all public employees by the Tort Claims Act. (Govt. Code §§ 825 et seq. and 825 seq. ) Authority hereby waives the right to sue County or its staff for damages alleged to have been caused by errors or omissions of County or its staff in providing services hereunder. 4 11 . This Agreement may subsequently be amended with the consent of both parties expressed in writing. The County's provision of services and equipment hereunder may be extended for up to an additional six month period (from July 1 to September 30, 1989 ) upon the governing bodies of both the County and Authority adopting concurrent similar orders providing for such extension, terms and conditions thereof and agreement thereto. Contra Costa Transportation Authority By: ATTEST: Secretary County of Contra Costa ATTEST: Phil Batchelor, County Administrator and Clerk of the By: Board of Supervisors Chairman, Board of Supervisors By: Deputy APPROVED AS TO FORM: Victor J. Westman County, unsel . By: eputy 5 Staff Position Hourly Rate Deputy Director, Transportation . . . . . . . . . . . . $ 79 . 00 Senior Transportation Planner . . . . . . . . . . . . . . $ 55 . 00 Transportation Planner . . . . . . . . . . . . . . . . . $ 41 . 00 Planner Clerk (Included in overhead for above stated rates) Deputy County Counsel II . . . . . . . . . . . . . . . . . . . $ 45 .00 Deputy County Counsel III . . . . . . . . . . . . . . . . . . $ 63 . 00 Deputy County Counsel IV . . . . . . . . . . . . . . . . . . . $ 73 . 00 Legal Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29 . 00 EXHIBIT "A"