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TO: BOARD OF SUPERVISORS '-
o
FROM: HARVEY E. BRAGDON Aja - •' 40 Costa
DIRECTOR OF COMMUNITY DEVELOPMENT CoUnt�
��srq coons J
DATE: DECEMBER 20, 1994
SUBJECT: AMENDMENT TO COOPERATIVE AGREEMENT NO. 45.04.00 WITH THE CONTRA COSTA
TRANSPORTATION AUTHORITY FOR DEVELOPMENT OF ACTION PLAN FOR EASTERN
CONTRA COSTA COUNTY
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Approve and authorize the Chair of the Board of Supervisors to
execute an amendment to Cooperative Agreement No. 45.04. 00 with the
Contra Costa Transportation Authority (CCTA) , which funds
development of the Action Plan for Routes of Regional Significance
in Eastern Contra Costa County, to raise the expenditure limit from
$275, 000 to $300, 000
FISCAL IMPACT
No impact to the County General Fund. CCTA funds Action Plan
development for East County from one-half cent sales tax proceeds
under Measure C.
BACKGROUND/REASONS FOR RECOMMENDATIONS
In April 1991, the Board of Supervisors approved a cooperative
agreement between the County, cities of Antioch, Brentwood, and
Pittsburg, and OCTA, to fund development of the Action Plan for
East County. CCTA agreed to fund Action Plan activities, including
both consultant services and County expenses for administering
consultant contracts, in an amount not to exceed $275, 000.
Consultant expenses have exceeded the $275, 000 expenditure limit,
and, therefore, it is necessary for the parties to amend the
cooperative agreement in order to raise the expenditure limit.
CONTINUED ON ATTACHMENT: x YES SIGNATU
ACTION OF BOARD ON DEC 2+ ® 1994 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ONTHE DATE SHOWN.
Contact: Patrick Roche (510/646-2835) ATTESTED DEC .9 (0 inn'
cc: Community Development Department (CDD) PHIL BATCH&b'R CLERK OF
CCTA (via CDD) THE BOARD OF SUPERVISORS
City of Antioch (via CDD) AND COUNTY ADMINISTRATOR
City of Brentwood (via CDD)
City of Pittsburg (via CDD) n 1
BY DEPUTY
Tp1n(PR):45-04-00.Amd
Amendment to Cooperative Agreement #45.04 .00 with the
CCTA for Development of Action Plan for Eastern CCC
Continued - Page Two
CCTA has forwarded a proposed amendment to the agreement which
would raise the expenditure limit by $25, 000, from $275, 000 to
$300, 000 (see Exhibit A) . Measure C funds provided by the CCTA
would cover this increased expenditure limit and there would be no
fiscal impact on the County. Staff recommends approval and
authorization for the Chair of the Board of Supervisors to execute
the amendment to CCTA Cooperative Agreement 45. 04. 00.
Tpin(PR):45-04-OO.Amd
CONTRA COSTA TRANSPORTATION AUTHORITY
AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. 45.04.00
RE: FOR PREPARATION OF THE EAST COUNTY ACTION PLAN IN
ACCORDANCE WITH AND AMENDING COOPERATIVE AGREEMENT NO.
45.04.00
DATE: November 16, 1994
EFFECTIVE DATES: Cooperative Agreement 45.04.00 - April 17, 1991
WHEREAS, the Contra Costa Transportation Authority, a special District (known herein as
the AUTHORITY), and the East County Regional Transportation Planning Committee
(known herein as TRANSPLAN), entered into a Cooperative Agreement on April 17, 1991,
to fund preparation of the ACTION PLAN including consultant work and TRANSPLAN's
expenses for project management; and
WHEREAS, Cooperative Agreement No. 45.04.00 authorizes expenditures in the amount of
$275,000 for the TRANSPLAN Action Plan; and
WHEREAS, TRANSPLAN has requested that the amount of the agreement be increased to
$300,000 to offset additional costs incurred; it is mutually
AGREED
(1) that the AUTHORITY hereby increases funding for the TRANSPLAN
Action Plan as stated in RECITAL No. 6 on Page 1 of Cooperative Agreement
No. 45.04.00 by an additional Twenty-five Thousand dollars ($25,000) to a
total amount not to exceed Three Hundred Thousand dollars ($300,000), for
the preparation, of the ACTION PLAN and amends Agreement 45.04.00
accordingly;
(2) that the additional Twenty-five Thousand dollars ($25,000) hereby
authorized shall be used at the discretion of the TRANSPLAN Action Plan
Project Manager to complete the consultant(s) work program and
TRANSPLAN's expenses for project management for the ACTION PLAN,
consistent with the Action Plan Work Program included as Exhibit A; and
(3) that all other terms and conditions in Agreement 45.04.00 remain
unchanged.
In witness whereof, the parties hereto have executed this Agreement Amendment as of the
day and year above written.
Amendment No. 1 to Cooperative Agreement No.45.04.00 Page 1 of 6
Between the Contra Costa Transportation Authority
and TRANSPLAN for Action Plan Funding
TRANSPLAN CONTRA COSTA
TRANSPORTATION AUTHORITY
By: By: C��o
Barbara Guise Joel Keller
Chair, TRANSPLAN Chair, AUTHORITY
Attest:
City Clerk By:
Robert K. McCleary
Executive Director 1 nI j
By: Date: 7 1
Date:
Approved as to legal form and content:
By: By:
Stan Taylor
CCTA Legal Counsel
Dated: Dated: ,
Amendment No. 1 to Cooperative Agreement No.45.04.00 Page 2 of 6
Between the Contra Costa Trawportation Authority
and TRANSPLAN for Action Plan Funding
COUNTY OF CONTRA COSTA
By: Dated: DEC 2.01994
Tom Powers
Chair, Board of Supervisors
Attest:
Clerk of the Board of Supervisors —
By: �� ��1 �Q�,e � Dated:
DEC 2 01994
Approved as to legal form and content:
By: Dated:
County Counsel
Amendment No. 1 to Cooperative Agreement No.45.04.00 Page 3 of 6
Between the Contra Costa Transportation Authority
and TRANSPLAN for Action Plan Funding
CITY OF ANTIOCH
By: Dated:
Joel Keller, Mayor
Attest:
City Clerk
By: Dated:
Approved as to legal form and content:
By: Dated:
Amendment No. I to Cooperative Agreement No.45.04.00 Page 4 of 6
Between the Contra Costa Transportation Authority
and TRANSPLAN for Action Plan Funding
CITY OF BRENTWOOD
By: Dated:
Bill Hill, Mayor
Attest:
City Clerk
By: Dated:
Approved as to legal form and content:
By: Dated:
City Attomey
Amendment No.1 to Cooperative Agreement No. 45.04.00 Page 5 of 6
Between the Contra Costa Transportation Authority
and TRANSPLAN for Action Plan Funding
CITY OF PrMBURG
By: Dated:
Mary Erbez, Mayor
Attest:
City Clerk
By: Dated:
Approved as to legal form and content:
By: Dated:
City Counsel
Amendment No. 1 to Cooperative Agreement No.45.04.00 Page 6 of 6
Between the Contra Costa Transportation Authority
and TRANSPLAN for Action Plan Funding
-- County of Contra Costa ---
Cooperative Agreement No. 45.04.00
COOPERATIVE AGREEMENT
BETWEEN
THE CONTRA COSTA TRANSPORTATION AUTHORITY
AND
COUNTY OF CONTRA COSTA
AND
THE CITIES OF
ANTIOCH, BRENTWOOD, AND PITTSBURG
FOR ACTION PLAN FUNDING
THIS AGREEMENT is made and entered into this —� day of�. 1991,
by and between the COUNTY OF CONTRA COSTA, hereinafter referr toles the
"COUNTY," the cities of ANTIOCH, BRENTWOOD, and PITTSBURG, hereinafter referred
to as the "CITIES," and the CONTRA COSTA COUNTY TRANSPORTATION AUTHORITY,
hereinafter referred to as "AUTHORITY,"to implement certain provisions of the
Contra Costa County Transportation Improvement and Growth Management Expenditure
Plan, hereinafter referred to as Measure C.
RECITALS
1. Measure C authorizes the AUTHORITY to expend monies for Regional
Transportation Planning and Growth Management.
2. Measure C requires all jurisdictions to participate in a cooperative
multi-jurisdictional planning process, and encourages jurisdictions to jointly
determine the appropriate measures and programs for mitigation of regional
traffic impacts through preparation of an Action Plan for Routes of Regional
Significance, hereinafter referred to as the ACTION PLAN. The ACTION PLAN is to
be implemented following its adoption by the AUTHORITY.
3. The AUTHORITY's Growth Management Program requires that the Regional
Transportation Planning Committee prepare an ACTION PLAN to address
transportation demand, 'supply and efficiency on the routes of regional
significance.
4. To facilitate the multi-jurisdictional planning process for Regional
Transportation Planning and Growth Management in the eastern portion of Contra
Costa County, the COUNTY and CITIES have entered into a separate Joint Powers
Agreement to form the TRANSPLAN Committee, which is the designated Regional
Transportation Planning Committee for eastern Contra Costa County.
S. The Joint Powers Agreement between the COUNTY and CITIES defines the
roles, responsibilities and obligations of each party in the preparation of an
ACTION PIAN for Routes of Regional Significance in eastern Contra Costa County.
The COUNTY will serve as the designated Project Manager for the ACTION PLAN work
effort, and will be responsible for management of all ACTION PLAN consultant
contracts, and coordination of the ACTION PLAN development.
6. The AUTHORITY will fund, in an amount not to exceed Two Hundred
Seventy-Five Thousand dollars ($275,000), preparation of the ACTION PLAN
including consultants) work program and the COUNTY's expenses serving as the
designated Project Manager for the ACTION PLAN, consistent with the Action Plan
Work Program included as Exhibit A.
Cooperative A=reeaazmt No.45.04.00
Between CCTA and Citin/Coumty
Act=Plan FundwS for TRANSPUN Page l 0f 9
1
SECTION I
COUNTY AND CITIES AGREE TO:
1. Use the established Technical Advisory Committee for TRANSPLAN,
hereinafter referred to as "TAC", to oversee the ACTION PLAN preparation;
2. Jointly select consultant(s) to lead ACTION PLAN development;
3. Work with each adjacent region to develop a coordinated ACTION PLAN
for those Regional Routes with significant traffic generation (origins or
destinations) from that region;
4. Develop and implement the ACTION PLAN consistent with AUTHORITY's
Implementation Documents, and ACTION PLAN outline and list of ACTION PLAN
Products;
5. Cooperate with AUTHORITY staff or consultant responsible for
monitoring ACTION PLAN development;
6. Use the TRANSPLAN Committee to provide policy direction for ACTION
PLAN preparation.
SECTION II
COUNTY AGREES:
1. To apply all funds received under this AGREEMENT for ACTION PLAN
preparation in a manner as specified in and consistent with the Work Program
shown in Exhibit A, which is hereby incorporated into this AGREEMENT and made a
part hereof.
2. To return any unexpended funds received including interest earned
under this AGREEMENT to the AUTHORITY upon completion of the ACTION PLAN.
3. To apply all interest accrued from funds received under this
AGREEMENT toward the ACTION PLAN.
4. To allow the AUTHORITY to audit all expenditures relating to ACTION
PLAN preparation under this AGREEMENT. For the duration of the schedule contained
in Exhibit A, and for one (1) year following completion of ACTION PLAN, COUNTY
will make available to the AUTHORITY, upon AUTHORITY request, all records
relating to expenses incurred in performance of this AGREEMENT.
5. To prepare and submit timely invoices and progress reports on a
quarterly basis as specified in the invoicing procedure shown in Exhibit B
(attached) , which is hereby incorporated into this AGREEMENT and made a part
hereof.
6. Designate a COUNTY staff person as liaison to serve as the primary
contact for AUTHORITY staff and consultants.
Coopentive Agreement No.45.04.00
Between CCPA and CitiWCounry
Action Plan Funding for TRANSPLAN Page 2 Of 9
CITIES shall fully indemnify and hold the AUTHORITY harmlE3s from any liability
imposed for injury, as defined by Government Code Sectici 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, cr 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 AUTHORITY uncar or in connection with
any work, authority or jurisdiction delegated to AUTH03ITY under the AGREEMENT.
It is also understood and agreed that, pursuant to Gover.vnent Code Section 895.4,
AUTHORITY shall fully indemnify and hold the COUNTY anc CITIES harmless from any
liability for injury as defined by Government Code Station 810.8 occurring by
reason of anything done or omitted to be done by AUTHCiITY under this AGREEMENT
or in connection with any work, authority, or jurisdict _on delegated to AUTHORITY
under this AGREEMENT.
5. Notices: Any notice which may be require under the AGREEMENT shall
be in writing, shall be effective when received, and shall be given by personal
service, or by certified or registered mail, returi receipt requested, to the
addresses set forth below, or to such addresses whi_h may be 'specified in writing
to the parties hereto.
Harvey E. Bragdon
Director
Contra Costa County Community Development Dep,;rtment
4th Floor, North Wing
651 Pine Street
Martinez, CA 94553
Robert K. McCleary
Executive Director
Contra Costa Transportation Authority
1340 Treat Blvd. , Suite 150
Walnut Creek, CA 94596
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. Intearation: This AGREEMENT represents the entire AGREEMENT of the
parties with respect to the subject matter hereof, all such agreements entered
into prior hereto are revoked and superseded by this AGREEMENT, and 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: 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 Agency: COUNTY renders its services under this AGREEMENT
as an independent agency. None of the COUNTY's agents or employees shall be
agents or employees of the AUTHORITY.
10. Assignment: The AGREEMENT may not be assigned, transferred,
hypothecated, or pledged by any party without the express written consent of the
other -party.
Cooperative Agreement No.45.04.00
Between CCTA and Cities/County
Action Pian Funding for TRANSPiAN Page 4 0f 9
COUNTY OF CONTRA COSTA CONTRA COSTA TRANSPORTATION AUTHORITY
oe
By; ^ - BY:
Tom Po ers Wayne Benn t
Chair, Board of Supervisors chair, Commission
--Jut,,
Dated: A U G 1991 Dated: v O
Attest:
Phil Batchelor BY: C
Clerk of the Board of Supervisors Robert K. McC ry
and County Administrator Executive Direct
BY: Dated:
Deputy AUG G 1991
Dated:
Approved as to legal form and contents
Victor J. West ap, County Counsel
BY: BY:
Depu y CCTA
Legal Counsel
Dated: 7- 9- C11 Dated: 7 12 Z 11
-T7
Cooperative Agreement No.45.04.00
Between CCTA and Cities/County
Action Plan Funding for TRANSPIAN Page 6 Of 9
CITY OF BRENTWOOD
1
BY: Dated: & /
Ar on , Ma or
attes • Dated: Z//
Vilma Streuli, City Clerk
Approved a to legal and content:
BY:
Dale Adams, City Attorney
Dated:
r
Cooperative Agreement No.45.04.00
Between CCTA and Cities/County
Action Plan Funding for TRANSPLAN Page 8 0f 9