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HomeMy WebLinkAboutMINUTES - 10061992 - TC.1 J TO: BOARD OF SUPERVISORS ';', ' . Contra Costa FROM: TRANSPORTATION COMMITTEE DATE: September 21 1992 County . SUBJECT: Approve Cooperative Agreement with Tri-Delta Transit to serve as Regional TDM Coordinator for Eastern Contra Costa County SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve, in substantially the form presented, a Cooperative Agreement with the Eastern Contra Costa County Transportation Authority (Tri-Delta Transit) for implementing the East County Joint Regional Transportation Demand Management Program and authorize its signature by the Chair of the Board of Supervisors. FISCAL IMPACT None. Funding for this program is provided by the Contra Costa Transportation Authority. BACKGROUND/REASONS FOR RECOMMENDATIONS On August 13 , 1991 the Board of Supervisors adopted a resolution supporting joint development and implementation of a Transportation Demand Management Program for Eastern Contra Costa County. The goal of this program is to meet the requirements of Transportation Demand Management (TDM) Ordinances, as mandated by Measure .C' s Growth Management program. To facilitate implementation of this program and to reduce the administrative burdens and costs on East County jurisdictions, the Eastern Contra Costa Transportation Authority (Tri-Delta Transit) has agreed to serve as the TDM coordinator for East County. Tri-Delta Transit has recently received an $88, 000 grant from the Contra Costa Transportation Authority (CCTA) to fund this regional TDM program and an application for AB 434 Funds (Vehicle Registration Fees) is. pending before the Bay Area Air Quality Management District for additional funding. CONTINUED ON ATTACHMENT: YES x SIGNATURE RECOMMENDATION OF COU ADMINISTRATOR x RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : O� /�2ltj'/zSOr�+ ACTION OF BOARD ON lX,t'/ 9Z APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A 4 UNANIMOUS (ABSENT :rr- TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS O , THP DATE SHOWN. Contact: Patrick Roche, CDD (510/646-2131) ATTESTED Q440t e , / y cc: Community Development Department (CDD) PHIL BATCHELOR, dLERK OF Tri-Delta Transit (via CDD) THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR continued Attached as Exhibit "All is a draft cooperative agreement to formalize an arrangement between the County/Cities and Tri-Delta Transit, whereby Tri-Delta Transit would assume the role of "Regional TDM Coordinator" for East County. Tri-Delta Transit would essentially be responsible for administering each jurisdictions TDM ordinance (including unincorporated areas) but East County jurisdictions retain compliance and enforcement responsibilities as required by their ordinances. County Counsel has reviewed and commented on the draft cooperative agreement. The Transportation Committee recommends approving, in substantially the form presented, the cooperative agreement with Tri-Delta Transit for implementing the East County Joint Regional Transportation Demand Management Program. E-Ak,b;+ "A'%" DRAFT 8/12/92 COOPERATIVE AGREEMENT BETWEEN THE EASTERN CONTRA COSTA TRANSPORTATION AUTHORITY AND COUNTY OF CONTRA COSTA AND THE CITIES OF ANTIOCH, BRENTWOOD, AND PITTSBURG FOR IMPLEMENTING THE EAST COUNTY JOINT REGIONAL TRANSPORTATION DEMAND MANAGEMENT (TDM) PROGRAM THIS AGREEMENT is made and entered into, pursuant to Government Code sections 6500-6522 , this day of , 1992 , by and between the COUNTY OF CONTRA COSTA, hereinafter referred to as the "COUNTY,@' the cities of ANTIOCH, BRENTWOOD, and PITTSBURG, hereinafter referred to as the "CITIES," and the EASTERN CONTRA COSTA COUNTY TRANSPORTATION AUTHORITY, hereinafter referred to as 11TRI-DELTA TRANSIT," to assign roles and responsibilities for administering and implementing a Joint Regional Transportation Demand Management Program (TDM) for eastern Contra Costa County. The intent of this agreement is to jointly develop and implement a program which complies with the TDM policy requirements adopted by the Contra Costa '.transportation Authority on June 19, 1991, as mandated under the Measure C Growth Management Program. RECITALS 1. Recent and projected future development within Contra Costa County and the region will lead to increased traffic in East Contra Costa County. Studies show that congested conditions exist on several major roadways in East County (specifically State Route 4) and that unless mitigated will continue to worsen in the near future. 2 . Transportation Demand Management (TDM) programs have shown to be capable of reducing vehicle trips and increasing ridesharing and transit use, and can be simple, effective and less costly alternative to major road improvements. 3 . In the Summer 1991, the Coni:.:-.a Costa Transportation Authority (CCTA) adopted a Transportation ..;emand Management policy, as mandated under Measure C, the Contra Costa Transportation Cooperative Agreement. Between Tri-Delta Transit and Cities/County East County TDM Program Page 1 of 11 Improvement and Growth Management Program, which requires each jurisdiction in Contra Costa County' to adopt and implement a TDM ordinance as part of its growth managemert. program. 4 . The TDM Ordinance establishes graduated annual goals to increase the average vehicle ridership at non-retail businesses with 100 or more employees. The ordinance requires that non-retail businesses with more than 100 employees designate a TDM coordinator, develop and submit a TDM program to meet the average vehicle ridership goal, and submit annual reports regarding TDM implementation. 5. It is recognized that cooperation with and coordination of TDM programs with other cities, counties, transit agencies, and the private sector will assist each jurisdiction in meeting the purposes of the CCTA' s mandated TDM policy. 6. Antioch, Brentwood, Pittsburg, and Contra Costa County, comprising the TRANSPLAN Committee, have indicated unanimous support for developing an East County Joint Regional TDM Program which is most cost efficient in its administration, most effective. in achieving its intended purpose, and ".east cumbersome in its implementation. 7. To facilitatethe implementation of an East County Joint Regional TDM Program, the TRANSPLAN Committee has developed a proposal to designate TRI-DELTA TRANSIT as the East County region's TDM coordinator. TRI-DELTA TRANSIT has accepted this proposal and has submitted an $88, 000 grant application to the CCTA to fund this regional TDM program. SECTION I CITIES AND COUNTY AGREE TO: 1. Adopt Transportation Demand Management (TDM) ordinances and designate TRI-DELTA TRANSIT as the "Regional TDM Coordinator. " 2 . Adopt TDM procedures • anc guidelines, conduct compliance/appeals review and enforcement c.jf penalties. on employers not complying with TDM program requirements and perform other governing board functions. 3 . Designate the TRANSPLAN Committee as the TDM Advisory Committee to provide policy direction. Cooperative Agreement Between Tri-Delta Transit and Cities/County East County TDM Program Page 2 of 11 o SECTION II TRI-DELTA TRANSIT AGREES TO: 1. Administer the East County Joint Regional Transportation Demand Management Program for the CITIES and COUNTIES. 2 . Provide Transportation Demand Management support service to East County employers, which include: a. Develop and maintain a regional computer ridematching database; b. Develop and disseminate information materials/programs for employers and employees on transit and ridesharing and other alternative commute options; c. Facilitate shuttle bus/vanpool service and telecommuting opportunities; d. Provide workplace TDM Coordinator network opportunities; and e. Distribute and collect surveys and annual reports. 3 . Shall perform the following fuIc:tions as the designated "Regional TDM Coordinator" : a. Develop and recommend for adoption by CITIES and COUNTY rules, regulations, procedures, and forms for the submittal of Transportation Surveys, Annual Baseline 1tenorts, and TDM Programs by employers; b. Monitor, review and approve all employer and complex TDM programs; C. Serve as staff to the TDM Advisory Committee; d. Submit, on an annual basis, a summary report to the City Councils/ Board of Supervisors and TDM Advisory Committee (if established) describing the results of the Transportation Surveys, TDM Programs, and Annual Reports and their success in attaining program goals and objectives; e. Prepare/sponsor TDM grant/fund applications; and f. Oversee the development and implementation of a TDM Information Program directed at both employers and residents. Cooperative Agreement Between Tri-Delta Transit and Cities/County East County TDM Program Page 3 of 11 4. Facilitate coordination of the East County Joint Regional TDM program with other transit providers, carpool/vanpool operators, and ridematching services in adjacent regions. 5. Designate a TRI-DELTA TRANSIT staff person as liaison to the TDM Advisory Committee and CITIES/COUNTY and serve as the primary contact for TDM coordination activities. SECTION III IT IS MUTUALLY AGREED: 1. Term: The term of this AGREEMENT will remain in effect until terminated as provided in Section 2 , Paragraphs a, b, c, or d. 2 . Termination: This AGREEMENT shall be subject to termination in any of the following situations: a. This AGREEMENT may be termirated for breach of any obligation, covenant or condition hereof, upon notice to the breaching party. With respect to any breach which is reasonably capable of being cured, the breaching party shall have thirty (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 initial notice, unless a further extension is mutually agreed to by all parties. b. Any party may terminate this AGREEMENT at any time by giving written notice of termination to the other parties. The notice shall specify the date of termination, which shall be at least ninety (90) days after the date of notice. C. It is anticipated by the parties to this AGREEMENT that the services performed hereunder by TRI-DELTA TRANSIT will be funded through a grant from the CCTA. Should the anticipated funding not be obtained from the CCTA or Gnother source, any party may elect to terminate this AGREEMENT by giving written notice of termination to the other parties. The notice shall specify the effective date of the termination, which shall be at least thirty (30) days after the date of the notice. d. In the event this AGREEMENT is terminated, the provisions of section 4 of this article shall survive such termination. 3 . Payment for Services: The service performed hereunder by TRI-DELTA TRANSIT shall be funded by a grant from the CCTA or another source. CITIES and COUNTY shall no . be required to pay TRI- DELTA for such services, unless otherwise agreed to in writing by the parties. Cooperative Agreement Between Tri-Delta Transit and Cities/County East County TDM Program Page 4 of 11 4 . Indemnity: It is mutually understood and agreed, relative to mutual indemnification of TRI-DELTA TRANSIT, COUNTY and CITIES: a. That neither TRI-DELTA TRANSIT, nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done under this agreement or in connection with any work, authority or jurisdiction delegated to COUNTY and CITIES under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section. 895.4, COUNTY and CITIES shall fully indemnify and hold the TRI-DELTA TRANSIT 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 COUNTY and CITIES under this AGREEMENT or in conjunction with any work, authority, or jurisdiction delegated to COUNTY and CITIES under this AGREEMENT. b. That neither COUNTY and CITIES, nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by TRI- DELTA TRANSIT under this agreement or in connection with any work, authority or jurisdiction delegated to TRI DELTA TRANSIT under the AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895. 4 , TRI-DELTA TRANSIT shall fully defend, indemnify and hold harmless CITIES, COUNTY, their officers and employees, from any liability for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by TRI-DELTA TRANSIT under this AGREEMENT or in connection with any work, authority, or jurisdiction delegated to TRI-DELTA TRANSIT under this AGREEMENT. - 5. Notices: Any notice which may be required under the AGREEMENT shall be in writing, 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 to the parties hereto. TRI-DELTA TRANSIT: Anne Muzzini, Transit Manager East Contra Costa Transportation Authority (Tri-Delta) 801 Wilbur Avenue Antioch, CA CITIES/COUNTY: Patrick Roche, TRANSPLAN Staff c/o Contra Costa County Community Development Department 645 Pine Street 4th Floor North Wing Martinez, CA 94553 Cooperative Agreement Between Tri-Delta Transit and Cities/County East County TDM Program Page 5 .of 11 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 ins•'L--ruments, as shall be reasonably required to carry out the provisions, intent and purpose of the AGREEMENT. 7. Surplus Money and Property: Upon termination of this AGREEMENT, any surplus money on hand and any property acquired as the result of this AGREEMENT shall be retained by TRI-DELTA TRANSIT or returned to the OCTA or other funding source, as appropriate. 8 . Power of Administering Acrency:' The power of TRI-DELTA TRANSIT under this AGREEMENT shall be subject to the restrictions upon the manner of exercising the power of TRI-DELTA TRANSIT. 9 . 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. 10. Independent Agency: TRI-DELTh TRANSIT renders its services under this AGREEMENT as an independent agency. None of the TRI-DELTA TRANSIT's agents or employees shall be agents or employees of the CITIES and COUNTY. 11. Assignment: The AGREEMENT may not be assigned, transferred, hypothecated, or pledged by any party without the express written consent of the other party. 12 . Binding on Successors, Etc. : This AGREEMENT shall be binding upon the successors, assignees, or transferee of the TRI- DELTA TRANSIT, COUNTY, or CITIES 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. 13 . Severability: Should any part of this AGREEMENT be declared unconstitutional, invalid, or beyond the authority of any 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. Cooperative Agreement Between Tri-Delta Transit and Cities/County East County TDM Program Page 6 of 11 EASTERN CONTRA COSTA TRANSPORTATION AUTHORITY BY: DATED: Chair, Board of Directors ATTEST: Clerk Approved as to legal form and content: BY: Attorney for TRI-DELTA TRANSIT Dated: Cooperative Agreement Between Tri-Delta Transit and Cities/County East County TDM Program Page 7 of 11 CITY OF ANTIOCH BY: DATED: Joel Keller, Mayor ATTEST DATED: Florence V. Rundall, City Clerk Approved as to legal form and content: BY: William R. Galstan, City Attorney DATED: Cooperative Agreement Between Tri-Delta Transit and Cities/County East County TDM Program Page 8 of 11 CITY OF BRENTWOOD BY: DATED: Art Gonzales, Mayor ATTEST DATED: Vilma Streuli, . City Clerk Approved as to legal form and content: BY: Dale Adams, City Attorney DATED: Cooperative Agreement Between Tri-Delta Transit and.Cities/County East County TDM Program Page 9 of 11 CITY OF PITTSBURG BY: DATED: Ronald Currie, Mayor ATTEST DATED• Lillian Pride, City Clerk Approved as to legal form and content: BY: Charles Williams, City Attorney DATED: c Cooperative Agreement Between Tri-Delta Transit and Cities/County East County TDM Program Page 10 of 11 COUNTY OF CONTRA COSTA BY: DATED: Supervisor Sunne McPeak, Chair ATTEST Clerk of the Board Approved as to legal form and content: BY: County Counsel DATED: Cooperative Agreement Between Tri-Delta Transit and Cities/County East County TDM Program Page 11 of 11