HomeMy WebLinkAboutMINUTES - 02132007 - C.80 TSD: BOARD OF SUPERVISORS
CE3
FROM: DENNIS M. BARRY, AICP Contra
COMMUNITY DEVELOPMENT DIRECTOR _- ! Costa
DATE: February 13, 2007 r County
ra -- .
SUBJECT: National Association of Counties Achievement Award Application for the Dougherty
Valley Transit Demonstration Project
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Authorize the Chair to submit an application on the Dougherty Valley Transit Demonstration
Project to the National Association of Counties (NACo) 2007 Achievement Award Program.
FISCAL IMPACT
None to the General Fund.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The Achievement Award Program is a noncompetitive awards program which seeks to
recognize innovative county government programs. There is no limit to the number of
applications county governments can submit. Eligibility requirements include:
• The program must be operational after January 1, 2003 and must have measurable
results;,and
CONTINUED ON ATTACHMENT: X YES SIGNATURE: I'
✓kECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD*COMMITTEEI
,APPROVE OTHER
SIGNATURES
ACTION OF BO D ON " ,/3 �zl� APPROVED AS RECOMMENDED g��R
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT ) 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 (925/335-1240)
cc: Community Development Department (CDD) ATTESTED
S. Hoffman, CAO JOHN CULLEN, CLERK OF
C. Dahlgren, County Connection (via CDD) THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY ,cam- DEPUTY
GATransportation\Board Orders&Green ies\2007\naaco.award.doc
NACo APPLICATION FOR THE DOUGHERTY VALLEY TRANSIT DEMONSTRATION PROJECT
FLBRUARY 13, 2007
Page 2
BACKGROUND/REASONS FOR RECOMMENDATIONS (continued)
• County officials must have. played a significant role in developing and implementing the
program, with only limited assistance from outside technical experts and/or consultants.
Criteria for the nominated program include:
• Offer a new service to county residents,fill gaps in the availability of existing services, or
tap new revenue sources;
• The program must have proven measurable results (e.g. cost savings, enhanced
employee productivity, improved constituent service, created better intergovernmental
cooperation);
• The program must be innovative and not rely on the application of techniques or
procedures that are common practice in most counties of similar population size; and
• All aspects of the program must be consistent with acceptable government and financial
management practices and must promote general governmental accountability.
County staff proposes that an application be submitted on the Dougherty Valley Transit
Demonstration Project. The Transit Demonstration Project provides regularly scheduled public
transit service to the Dougherty Valley community well in advance of the transit operator's ability
to otherwise provide service. Transit service was initiated on December 18, 2006 to coincide
with the opening of the Dougherty Valley campus of Diablo Valley College and to meet the
needs of thousands of residents who now live,work or attend school within walking distance of
the bus route. The project leverages$2.3 million in developer fees with an equivalent amount of
public funds to cover the capital and operating costs of this service for a five-year demonstration
period. The contract between the County and County Connection to operate the service
includes performance standards that obligate County Connection to favorably consider
continuation of the bus service if the performance standards are achieved at the end of the
demonstration period.
Exhibit A is the completed application form and nomination summary. The deadline for
applications is February 16, 2007.
EXHIBIT A
(Please refer to"Step One:Completion of the Application Form"for directions on properly completing this form).
I. Program Information
See program category list included in"Step One"of the instructions.
County and State Contra Costa County, California
Program Title Dougherty Valley Transit Demonstration Project
Program Category Transportation
II. Contact Information
Name
Steven L. Goetz
Title Deputy Director, Transportation Planning Division
Department Community Development
Address 1 651 Pine St, 4th Floor, North Wing
Address 2
�+ of
City/State/Zip Martinez CA 94553
Telephone (925) 335-1240 Fax (925) 335-1300 E-mail sgoetz@cd.cccounty.us
❑Yest Please add me to NACo's Peer to Peer Network(see separate form)
III. Signature of Chief Elected! Ticial
Name /yr
a ;
Title
Signature
IV. Payment
Please choose one of two payment options listed below...
Payment Option 1
®Check Check Number
❑Money Order Money Order Number
E F1Credit CardCredit Card Type Elm
Credit Card Number
Expiration Date
" Y Name of Cardholder
Authorized Signature
Member Fee $50 $ 50
Non-Member Fee $100 $
Payment Option 2
❑Voucher Voucher Number
❑Purchase Order Purchase Order Number
Member Fee $60 $
Non-Member Fee $110 $
Nomination Summary—2007 Achievement Award Program
Dougherty Valley Transit Demonstration Project
Contra Costa County, California
1. Abstract
Development impact fees have been used to fund the capital needs for major community facilities.
The use of development fees can also be expanded to include other improvements that are deemed
important for the community. The Contra Costa County Board of Supervisors authorized the use of
development fees to help extend bus service to a masterplanned community of 35,000. The
County, in conjunction with the Central Contra Costa Transit Authority (CCCTA), used
development impact fees to help fund the Dougherty Valley Transit Demonstration Project. This
project provides bus service to the community well in advance of the transit operator's ability to
otherwise provide service. Transit service was initiated on December 18, 2006 to coincide with the
opening of the Dougherty Valley campus of Diablo Valley College and to meet the needs of
thousands of residents who now live within walking distance of the bus route. The project
leverages $2.3 million in developer fees with an equivalent amount of public funds to cover the
costs of this service for a five-year period. The contract between the County and CCCTA to
operate the service obligates CCCTA to favorably consider continuation of the bus route if
established performance standards are achieved at the end of the demonstration period.
2. The Problem/Need for the Program
Development impact fees have been used by counties and other local jurisdictions to fund the
capital needs for major community facilities like roadways, parks, schools, and police and fire
stations. In addition to roadways, developers have also been asked to also fund other alternative
transportation facilities like sidewalks,bikeways, bus pads,bus shelters and bus stops. While this
funding mechanism provides a good source of funding for capital improvements, it does not
provide any source of funding for operations. The transit provider is left to determine when
service might begin in this area. Limited funding available to the transit provider may delay the
implementation of new service for an indefinite period of time.
In 1992, the Contra County Board of Supervisors approved the largest development project in the
history of the county, the Dougherty Valley Specific Plan. During the development review process,
it was recognized that an additional source of funding needed to be identified that could help
initiate and sustain public transit service in this area. The County required the developer to work
with the transit operator to extend transit service to the project area and to report on its progress.
The developer to identify promising transit alternatives completed a transit feasibility study. While
the transit operator participated in the preparation of the study, it indicated that the agency did not
have sufficient funds to operate the recommended service for the foreseeable future.
The developer continued to work with the County and the transit operator and eventually
established the Dougherty Valley Transit Demonstration Project to implement the transit service
recommended in the study. The County imposed a fee on the developers to help fund the
Demonstration Project.
The legal obligations to develop this Demonstration Project stemmed from the General Plan, the
Dougherty Valley Specific Plan and the mitigation measures of its certified environmental impact
reports. These documents established an expectation for transit service in the area. State law also
permits local agencies to impose fees that are needed to implement development plans and
related mitigation measures.
1
Nomination Summary—2007 Achievement Award Program
Dougherty Valley Transit Demonstration Project
Contra Costa County, California
3. Description of the Program
The Dougherty Valley Transit Demonstration Project got its start back in the early 90s when this
valley first became the focus for urban uses. The Dougherty Valley development is located east
of San Ramon and consists of 6,000 acres. At the onset, the proposal was to develop 11,000 units
with approximately 35,000 residents, 178,000 square feet of retail/commercial space, and a
satellite campus for Diablo Valley College with an expected enrollment of 8,500 students. The
proposal generated controversy throughout the County. Consequently, Contra Costa County,
City of San Ramon, Town of Danville and the Dougherty Valley developers approved the
Dougherty Valley Settlement Agreement on May 11, 1994. The agreement was developed
consistent with the Dougherty Valley Specific Plan, which was adopted in 1992 and amended in
1996, its certified environmental impact reports, and subsequent conditions of approval which
established the terms, conditions and fees to be imposed upon the developers.
The Dougherty Valley Transit Demonstration Project was developed by the County to demonstrate
the feasibility of providing transit service in Dougherty Valley. The foundation for developing this
project was laid with the completion of the Dougherty Valley Transit Feasibility Study. The study
concluded that transit service was feasible but an additional source of funding was needed to get
the service started in a timely manner. The County established a one-time Transit Fee ranging from
$431 to $500 on each new dwelling unit to help initiate the provision of public transit in Dougherty
Valley for a five-year period. The fee requirement allows the County to allocate fee revenue to a
transit provider if the transit provider prepares an implementation plan for this service. The County
approved creation of the Transit Fee account in 2003 and began collecting the fees in 2004.
Certain conditions were imposed upon any claimant for those funds in order to assure that the funds
would be used in a prudent manner to support sustainable service. Those conditions included:
• Oversight by the Dougherty Valley Transit Advisory Committee, consisting of
representatives of the developers, City of San Ramon, Town of Danville, the designated
transit operator, and Contra Costa County.
• Completion of a transit implementation plan that would include an agreed-upon start date
and service plan, a fully funded finance plan for the five-year period and an agreed-upon
performance standard.
• A formal agreement between the County and the transit operator to use the fees generated
through the Transit Fee account.
In early 2006, the Central Contra Costa Transit Authority (CCCTA) prepared a proposal for the
demonstration project that included the items outlined above. The proposal established an 11-
mile bus route through the Dougherty Valley area that would be numbered Route 135 and
operates on weekdays between the hours of 6:00 am to 7:15 pm. The proposal also included a
five-year financial plan that would match the $2.3 million in developer fees with $1.3 million in
CCCTA operating funds, $900,000 in capital contributions, $0.41 million from the farebox and
$0.62 million from other sources. The CCCTA Board passed a resolution adopting the proposal
in April 2006 contingent on the completion of public hearings, which were held in May 2006.
2
Nomination Summary—2007 Achievement Award Program
Dougherty Valley Transit Demonstration Project
Contra Costa County, California
Shortly after these public hearings, the Contra Costa County Board of Supervisors approved a
resolution in July 2006 authorizing payments from the Transit Fee fund for support of the
Dougherty Valley Demonstration Project. The contract between the County and CCCTA also
requires CCCTA to consider continuing Route 135 after completion of the demonstration
project. CCCTA agreed to evaluate the service using its established route performance criteria,
which is to meet or exceed 70% of the system average for passengers per revenue hour for fixed
route bus service. If this measure were met at the end of the five-year period, CCCTA would
consider establishing this route as a permanent part of its fixed route bus service. (See attached
Service Agreement)
The service started on Monday, December 18`h, 2006 to coincide with CCCTA's normal service
change. The start-up of service at this time allowed time for the service to settle before the start
of classes at the Diablo Valley College and at one middle school in January. The service operates
weekdays with bus frequencies ranging from 20 minutes during the commute hours and the start
and end of school, to 45 minutes during other times. The service operated free through January
31'% 2007 to provide students an opportunity to try the route without having to pay a fare.
The primary clientele being served by this program are the residents and employees of
Dougherty Valley, and students attending Diablo Valley College and the various middle and high
schools in the area..In addition to the benefits for the immediate community, other clientele
served by this program are the City of San Ramon and the Town of Danville. (See attached aerial
photo of Dougherty Valley).
In addition to the oversight provided by the Contra Costa County Community Development
Department, CCCTA developed the implementation plan, the developers provided funding to get
the service implemented, and representatives from the adjacent cities and Diablo Valley College
coordinated schedules and marketing plans.
4. Use of Technology
The use of technology included posting documents and meeting notices on both the Contra Costa
County Community Development Department website and the CCCTA website.
5. The Cost of the Program
The cost to implement this five-year demonstration project was determined from the assumptions
contained in the Dougherty Valley Transit Feasibility Study. The study included costs associated
with both capital and operating costs for a five-year period. The total cost of the project is
estimated at $4,741,456 for the entire five-years. Capital costs for the use of two buses during
this period are $900,000 with the remainder of the budget allocated to operating costs. The costs
only include the marginal costs to actually operate the service and does not .include fully-
allocated costs like making and installing bus stops, printing of timetables, development and
implementing the marketing plan, developing the initial service plan, developing schedules, etc.
Roughly half the revenue needed to operate the service for five years would come from the
Transit Fee account provided by the developer. Another nine percent would come from farebox
revenues and the remainder would come from CCCTA and countywide funding sources.
3
Nomination Summary—2007 Achievement Award Program
Dougherty Valley Transit Demonstration Project
Contra Costa County, California
The cost to develop the implementation plan were born by the transit agency and were included
as part of their on-going planning process.
6. The Results/Success of the Program
Establishing new transit service as development occurs.
The final result of this planning process was the start-up of transit service in the Dougherty
Valley area on December 18`h, 2006. The route is within easy walking distance to thousands of
new homes, a new middle school and community center and the Dougherty Valley campus of
Diablo Valley College. The service currently operates on a regular weekday schedule and
connects Dougherty Valley to the Bishop Ranch Business Park and the Dublin/Pleasanton station
of the Bay Area Rapid Transit system. A new high school will open in the fall of 2007 and an
additional middle school will open the following year. Both campuses are located adjacent to the
bus route. Buildout.of the community is anticipated to occur in five years. CCCTA will continue
to monitor the route over the course of the five-year period and work with the County and an
oversight committee to make modifications as needed for the route to achieve its performance
standard and become a part of the regular fixed route bus service at the end of the five-year
period.
Creation of new sources of revenue
The establishment of the Transit Fee account by the County provided a source of funding to
operate the transit service for five years. Revenue generated from these fees will cover half of the
capital and operating cost estimated over five years with the remainder of the funding coming
from the transit agency and other public sources of funding. By providing this source of funding
for this project, it allowed transit service to start-up a lot sooner than it would have using only
public funding sources.
Interagency cooperation and coordination
The establishment of the Dougherty Valley Transit Advisory Committee was a key element to
successfully implement the proposed service. Members of the committee included
representatives from the County, CCCTA, City of San Ramon, Town of Danville staff and the
major developers. The Committee was initially established by the County to help implement the
recommendations of the Dougherty Valley Transit Feasibility Study. The County and CCCTA
incorporated this oversight committee into their contract to keep the key stakeholders informed
on the progress of the project and to make sure that everyone agrees as to how the service should
evolve during the demonstration period.
There were also two major areas of agreement and coordination between the County and
CCCTA. The County insured that the proper agreements were in place to allow for the
expenditure of the funds collected in the Transit Fee account. This was a key step to making sure
that adequate funding was available to initiate the service and keep it operating during the five-
year demonstration period. As a condition of receiving fee revenue, CCCTA agreed to monitor
the performance of the route and work with the County as needed to review and consider
4
Nomination Summary—2007 Achievement Award Program
Dougherty Valley Transit Demonstration Project
Contra Costa County, California
possible modifications to the service. The contract between the County and CCCTA to operate
the service obligates CCCTA to favorably consider continuation of the bus route if established
performance standards are achieved at the end of the demonstration period. This performance
standard requires the passengers per revenue-hour for Route 135 to achieve 70% of CCCTA's
system average at the end of the five-year period.
7. Worthiness of an Award
The Dougherty Valley Transit Demonstration Project is worthy for consideration because it
meets the following criteria of the Achievement Award Program:
Fills a gap in the availability of existing services. The developer completed a transit feasibility
study to identify promising transit alternatives. While the transit operator participated in the
preparation of the study, it indicated that the agency did not have sufficient funds to operate the
recommended service for the foreseeable future. The County imposed a fee on the developers to
help fund a project to demonstrate the viability of providing transit service to the area. This
project provides transit service to the community well in advance of the transit operator's ability
to otherwise provide service.
Taps new revenue sources. One of the innovative elements of the Demonstration Project is the
use of development impact fees for transit operations. Usually, developers may be asked to pay
for capital improvements like sidewalks, bus pads, or bus shelters. This program takes those
elements one step further by providing a source of funding for transit operations.
Provides information which facilitates effective policymaking_ The County required the
developer to work with the transit operator to extend transit service to the project area and to
report on its progress. The developer recommended a bus route for the area by preparing a transit
feasibility study. This information provided justification for the County to impose a fee on
developers to help fund the service. The County's contract with the transit agency establishes a
performance standard for the service that the transit agency agreed to consider in determining
whether or not to continue the bus route at the end of the five-year demonstration period.
Promotes intergovernmental cooperation and coordination in addressing shared problems.
Through a contract, the County and the transit agency combined their revenue to provide transit
to a new community that needs transit service. The contract establishes an advisory committee
representing the two parties plus neighboring cities and the developers to monitor the
demonstration project, coordinate their activities and help ensure the project's success.
Have proven measurable results. The Demonstration Project leveraged $2.3 million in developer
fees with an equivalent amount of public funds to cover the cost of a specified level of transit
service over a five-year period. The transit service is in operation, providing approximately 31
revenue hours of service to this new community each weekday. The transit operator currently
does not have funds to operate this project unilaterally.
It is innovative and does not rely on the application of techniques that are common practice in
most counties of similar population size. While developer fees provide a good source of funding
5
Nomination Summary—2007 Achievement Award Program
Dougherty Valley Transit Demonstration Project
Contra Costa County, California
for capital improvements, it does not ordinarily provide funding for operations. Contra Costa
County is not aware of any similar county that uses its developer fees to fund the operation of
new bus routes. This program can be used as a model for other counties who desire to expand
public transportation services into growing areas but lack the public funding to get services
started when needed.
All aspects of the program are consistent with acceptable governmental and financial
management practices and promote general governmental accountability. The legal obligations
to develop this Demonstration Project stemmed from the General Plan, the Dougherty Valley
Specific Plan and the mitigation measures of its certified environmental documents and related
legally enforceable conditions of approval. A purchase of service contract with the transit agency
is used to implement the Demonstration Project. The contract includes an oversight committee,
requires monitoring reports, and establishes performance standards for the operation of the bus
route.
(Insert Service Agreement Here)
(Graphic of aerial photo for Dougherty Valley being developed)
g:\transportation\board orders & greenies\2007\naaco nomination summary.doc
6
PUBLIC MASS 'TRANSPORTATION
SERVICE AGREEMENT
Dougherty Valley Transit Demonstration Project
This PUBLIC MASS TRANSPORTATION SERVICE AGREEMENT (Agreement) is
entered into effective this --- day of _ , 2006, between the CENTRAL CONTRA
COSTA TRANSIT AUTHORITY ("CCCTA"), -a joint-exercise of powers entity created,
existing and in good standing under California Government Code Sections 6500, et seq., and the
COUNTY OF CONTRA COSTA, a political subdivision of the State of California ("County").
RECITALS
THE PARTIES ENTER THIS AGREEMENT on the basis of the following facts,
understandings and intentions:
A. The County desires to address the need for public mass transportation in the
Dougherty Valley by implementing the Public Transit Demonstration Project for the Dougherty
Valley (Project), consistent with the adopted policies of the Dougherty Valley Specific Plan, and its
certified Supplemental Environmental Impact Report and subsequent Addendums, the Agreement
to Settle Litigation Relating to the Dougherty Valley General Plan Amendment, Specific Plan and
Environmental Impact Report, and the findings of the Dougherty Valley Transit Feasibility Study.
B. The County has established a funding source for the Project through a one-time
transit fee, ranging from $431 to $500. assessed on each new dwelling unit constructed in the
subdivisions known as "Gale Ranch Phase 3", "Windemere Phases 3 - 5" and "Gale Ranch
Phase 4" in Dougherty Valley. Said transit fees are collected from developers and retained in a
special transit reserve trust fund established for the Project.
C. The County may allocate fee revenue from the special transit reserve trust fund to
a transit provider for public mass transportation in Dougherty Valley if the transit provider
provides a plan for public mass transportation service, a financial plan for this service, and a
performance measure to be used for incorporating the newly established service with other bus
routes funded by the transit provider. CCCTA has complied with these requirements, as
evidenced by actions approved by the Board of Supervisors on July 18, 2006, and adoption of the
Proposal for Public Transit Demonstration Project for the Dougherty Valley (Proposal) by the
CCCTA Board of Directors on April 20, 2006 (Resolution No. 2006-31).
1 1271 160.3
D. CCCTA's service area encompasses Dougherty Valley.
E. CCCTA has determined that it is in the public interest and within the scope of
CCCTA's powers to provide additional public mass transportation services in Dougherty Valley.
F. The County desires to give CCCTA full operational and managerial discretion
consistent with the terms of this Agreement and applicable law over the means of providing the
public mass transportation services contemplated by this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the
parties, the parties agree as follows:
1. Term. The term of this Agreement shall commence on December 18, 2006, and
terminate on December 19, 2011, unless otherwise terminated, modified or renewed as provided
in this Agreement.
2. Service Plan. As part of the Project, CCCTA agrees to operate a new public
transit fixed route, designated as CCCTA "Route 135", between the San Ramon Transit Center
to the Dublin/Pleasanton BART.Station generally along Bollinger Canyon Road and Dougherty
Road in accordance with the Proposal. This route will be operated Mondays through Fridays,
except for the Holidays listed in Section 3 of this Agreement, from 6:00 am until 7:30 pm with a
basic service frequency of 45 to 50 minutes. During the first 12-months of the term of this
Agreement, Route 135 will run on 20 to 40 minute headways from 6:00 a.m. until 7:30 a.m. and
from about 3:00 p.m. until 5:00 p.m. After December 18, 2007, and for the remaining term of
this Agreement, Route 135 will run on 30-minute headways from 6:00 a.m. until 9:00 a.m. and
from 3:00 p.m. to 7:00 p.m. Route 135 will have a limited number of stops located at strategic
locations, to be determined by CCCTA, in consultation with the City of San Ramon and the
Developer, designed to attract the largest number of passengers possible. CCCTA staff will
create a public timetable and will make available to the public the County Connection Customer
Service phone number for information regarding this new service. Route 135 is further
described in the route map and financial plan attached to and made part of this Agreement as
Exhibit A.CCCTA may make adjustments to the service route, total service hours and schedule,
after consulting with the Dougherty Valley Transit Advisory Committee, except that
adjustments to total annual service hours that exceed ten (10) percent from the service hours in
the Proposal must be approved by the Board of Supervisors.
2 1271 160.3
3. Holidays. Service shall not operate on New Year's Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day or Christmas Day.
4. Buses.
a. Maintenance. CCCTA shall provide, or cause to be provided, at its sole
discretion, buses in good condition and repair for the performance of the services contemplated
by this Agreement. CCCTA shall service and perform preventative maintenance on the buses
pursuant to its standard operating policies. Buses shall be neat and clean.
b. Accessibility. All vehicles provided for service under this Agreement shall
be fully accessible to person with disabilities as required tinder the Americans With Disabilities
Act (ADA) of 1990.
5. Drivers. CCCTA shall provide the drivers necessary to perform the services
required under this Agreement. CCCTA shall require that the drivers have training consistent
with, and experience similar to, drivers of similar CCCTA routes. Drivers shall hold valid
California Class B motor vehicle licenses.
6. Compensation. Exhibit A sets forth the detailed financial plan for Route 135. For
the provision of the service contemplated in this Agreement, the County agrees to pay CCC"I'.1
$2,367,109, allocated as shown for "County Developer Fee Payments" in the Financial Plan of
Exhibit A:
The County's financial responsibility under this Agreement will not exceed the revenue
available in the special transit reserve trust fund identified as Fee Trust Fund No. 819200-0800,
consisting of collected transit fees, grants, other funding secured by County for the Project, and
accrued interest.
7. Payment.
a. Payment Provisions. Payments from the County to CCCTA shall be made
quarterly in arrears in equal amounts according to the yearly amounts specified above.
b. Invoices. CCCTA shall send to the County of Contra Costa, Community
Development Department, at the end of each quarter, an invoice stating the amount due. The
County shall pay the amount due to CCCTA within 45 days of receipt of CCCTA's invoice. The
3 1271 160.3
County's personnel or its designated representative may audit the records of CCCTA pursuant to
Section 14, but only to confirm the accuracy of the statements in the invoice.
8. Contingency Fund. The County agrees to establish a contingency fund for the
operation of Route 135. This fund shall consist of any revenue in the Fee Trust Fund No.
819200-0800 not needed to satisfy the County's obligation in Section 6 of this Agreement. The
contingency fund may be used at the County's discretion either: a) to pay for shortfalls in other
revenue assumed to be available for the Project as included in the Financial Plan of Exhibit A of
this Agreement; b) to fund service that supplements the service level of Section 2 above; or c) to
fund the continued operation of Route 135 beyond the current term. County shall provide
CCCTA with quarterly financial reports on the status of the Fee Trust Fund No. 819200-0800.
In the event that funds are insufficient to cover the cost of operating Route 135, County and
CCCTA will use best efforts to locate supplemental funding. If funds are not sufficient, CCCTA
may terminate service in accordance with Section 15, Termination, below.
9. Fare Structure. CCCTA shall establish fares for Route 135 based upon its
standard fixed-route fare structure. All fare revenues shall be retained by CCCTA to support
Route 135, as set forth in the Financial Plan of Exhibit A. CCCTA reserves the right to revise
fares as necessary in its complete discretion.
10. Continuation of Route 135.
a. Performance Standard: CCCTA will assess whether to include Route 135
as part of its system of fixed routes funded by CCCTA after the term of this Agreement expires.
If passengers per revenue hour on Route 135 meet or exceed seventy percent (70%) of CCCTA's
system average for its fixed route service during the second quarter of Fiscal Year 2011,
inclusion will be favorably considered.
b. Monitoring Performance. CCCTA will monitor the performance of Route
135 quarterly in accordance with its customary practice for reviewing fixed route service, and
meet with the County as needed to review and consider possible modifications to the operation
of Route 135, if appropriate.
11. Compliance with Laws. CCCTA shall comply with all laws, regulations and
orders of any federal, state, county, regional or municipal authority applicable to the service.
4 1271 160.3
12. Independent Contractor. In performing under this Agreement, CCCTA shall act
at all times as an independent contractor. Nothing contained herein shall be construed or applied
so as to create the relationship of principal and agent, or of employer and employee, between
the County and CCCTA or its agents or employees.
13. Notices. All required or permitted payments, reports, demands and notices may
be sent by ordinary mail. Notices that are mailed shall be deemed delivered two (2) business
days after deposited in the mail. Notices may be personally delivered and shall be deemed
delivered at the time delivered to the appropriate address set forth below. Until notified
otherwise in writing, CCCTA shall send or deliver all such communications relating to this
Agreement to the following address:
Contra Costa County Community Development Department
651 Pine Street, 41h Floor,North Wing.
Martinez, CA 94553-0095
Attn: Steven L. Goetz, Deputy Director for Transportation Planning
And, the County shall send all such communications to the following address:
Central Contra Costa Transit Authority
2477 Arnold Industrial Way
Concord, CA 94520
Attn: Celinda Dahlgren, Director of Administration
14. Records and Audit.
a. Financial Records: CCCTA shall maintain true and complete records in
connection with the service and all transactions related thereto, and shall retain all such records
for at least thirty-six (36) months after the end of the calendar year in which the service is
performed. The County may from time to time and at any time during the foregoing period of
record retention make an audit of all records of CCCTA relating to the service; but only for the
purpose of assessing the accuracy of reports or information received from CCCTA.
b. Reports: CCCTA shall provide to the County ridership and performance
reports as needed for the County to comply with the terms and conditions of the funding sources
(e.g. Permit and Grant funds as set forth in the Route 135 Financial Plan attached as Exhibit A)).
CCCTA and the County shall mutually agree upon a format and the content of such reports, and
the frequency with which the reports shall be provided to the County.
5 1271 160.3
15. Termination of Agreement. Either party may terminate this Agreement at any
time by giving written notice of termination to the other, which shall specify the effective date
thereof. The notice of termination shall be given at least ninety (90) days before its effective
date.
If the Agreement is terminated as provided in this section, CCCTA will be paid for the
entire period in which it provided service and for the actual and reasonable costs it deems
necessary to effect such termination. Partial year's service shall be prorated.
Upon termination, CCCTA shall submit a written closing statement to the County to
specify the contribution due from the County for which CCCTA has not been previously paid
together with any termination costs mutually agreed upon by County and CCCTA. County shall
pay said account within forty five (45) days of receipt.
16. Entire Agreement. This Agreement is the entire agreement of this matter between
the parties and supersedes all prior negotiations and understandings with respect thereto.
CCCTA and the County each acknowledges that it has not relied upon any promise,
representation or warranty not expressly set forth in this Agreement in executing this
Agreement. If any provision of this Agreement is void or otherwise unenforceable, the
remainder of the Agreement shall continue in full force and effect. Changes affecting the
obligations of the parties set forth in this Agreement shall be by written amendment signed by
both parties.
17. 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, be
reasonably interpreted to give effect to the intentions of the parties.
18. Headings. The descriptive headings used in this Agreement are for convenience
only and shall not control or affect the meaning or construction of any of its provisions.
19. Time of Essence. Time is of the essence in this Agreement.
20. Waiver. No waiver by either party of any default or breach of any covenant by
the other hereunder shall be implied from any omission to take action on account of such default
if such default persists or is repeated and no express waiver shall affect any default other than
6 1271 160.3
the default specified in the waiver and then said waiver shall be operative only for the time and
to the extent herein stated. Waivers of any covenant, term or condition contained herein shall
not be construed as a waiver of any subsequent breach of the same covenant, term or condition.
No waiver of any provision under this Agreement shall be effective unless in writing and signed
by the waiving party.
21. Attorneys' Fees. In the event either of the parties brings an action or legal
proceeding due to an alleged breach of this agreement, the prevailing party shall be entitled to
recover reasonable attorneys' fees and costs as determined by a court of competent jurisdiction.
22. Controlling Law. This Agreement and all matters relating to it shall be governed
by the laws of the State of California.
23. Authority. All parties executing this Agreement represent and warrant that they
are authorized to do so.
7 1271 160.3
IN Wl'INESS WHEREOF, the parties have hereunto set their hands the date and year first
above written.
CENTRAL CONTRA COSTA TRANSIT AUTHORITY
By: Mck Ramacier, General Manager
Date: November 28, 2006
APPROVED AS TO FORM:
F WA�——
y: M e ' Chun, Legal Counsel Central Contra Costa Transit Authority
$ 1271160.3
CONTRA COSTA COUNTY
By:
Date:_T�.�'�
APPROVED AS TO FORM:
Q. YVAgr.HFql county roiinqpl
By Deputy
9 1271 160.3
EXHIBIT A
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