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HomeMy WebLinkAboutMINUTES - 06081993 - 1.78 _ Contra TO: BOARD OF SUPERVISORS ^ 0stc}a I. FROM: Harvey E. Bragdon, Director, County Community Development Department r "1 DATE: June 8, 1993 SUBJECT: Accept BAAQMD grant in the amount of $27, 250. SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Authorize the Chair of the Board to sign a funding agreement with the Bay Area Air Quality Management .District for a grant in the amount of $27,250 to support the County's Pilot Telecommuting Program. 2 . Direct the Auditor-Controller to deposit the grant funds in an interest-bearing trust fund and make disbursements from the fund to County departments as authorized by the Director of Community Development. FISCAL IMPACT Approval of the recommendations will have a positive fiscal impact by providing $27 , 250 to the County for specific uses in support of the pilot telecommuting program. BACKGROUND/REASONS FOR RECOMMENDATIONS Assembly Bill 434 , passed in October 1991, increased vehicle registration fees in the Bay Area to provide funds for programs that reduce vehicular emissions, including telecommuting programs. In June 1992 , the Board authorized the implementation of a pilot telecommuting program, subject to review by the Budget Committee. In August, the Board authorized staff to submit an application for AB 434 funds to support the telecommuting program. This project was ranked 18th of 103 projects submitted to the Air District. However, funds were only available for the first 16 projects. The County' s pilot telecommuting program began in October 19 2, with CONTINUED ON ATTACHMENT: X YES SIGNAMRZ a vey ragdon RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : 9 //�� ACTION OF BOARD ON �1.� 7..3 APPROVED AS RECOMMENDED _X 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 ON THE DATE SHOWN. Orig Dept: Community Development ATTESTED Contact: Ernest Vovakis, 646-2131 PHIL BATCHF flDR, CLERK OF cc: Val Alexeeff, GMEDA THE BOARD OF SUPERVISORS Auditor-Controller AND COUN Y ADMINISTRATOR Telecommuting Committee (via CDD) BY (� , DEPUTY BAAQMD Grant June 8, 1993 Page 2 training for approximately 35 participants and their supervisors. In March, staff was notified by the BAAQMD that additional funds had become available and that the County' s telecommuting program would receive the requested funding. Under the funding agreement, three payments would be made of $9, 083 . Telecommuters and their supervisors were then requested to identify specific needs to support home telecommuting. Requests included software, telephone connections, personal computers, fax machines, and supplies. On April 22, the County Telecommuting Committee set up a subcommittee to develop guidelines for the disbursement of the anticipated grant funds. The subcommittee developed the following procedures for the use of the grant funds: 1. The Community Development Department will provide overall administration of the grant and will allocate grant funds to other departments. 2 . A subcommittee of the County Telecommuting Committee will review and approve or disapprove all requests for funding. 3 . Funds for approved purchases will be transferred from the Community Development Department to the telecommuters ' departments. Departments will decide whether to authorize direct purchase and reimbursement to the telecommuter or purchase through the County Purchasing Division. This decision will be based on the type of equipment/material being purchased and the timing needs of the purchase. 4 . A written agreement will be prepared for each item to be purchased with grant funds. Departments .must certify - that the equipment requested is necessary for completion of the telecommuter's assignments when telecommuting and is compatible with equipment in use by the department. Departments must maintain records of expenditures of grant funds. 5. Equipment purchased with grant funds shall be County property and must be returned to the telecommuter's department upon termination of employment or termination of telecommuting. 6. Eligibility Criteria a. First priority will be given to purchases of equipment that enhances communications between home and office such as phone lines, modems and fax machines. Equipment may be installed at home or office. b. Second priority will be for equipment that provides for communications capability for more than one telecommuter. C. Third priority will be for equipment and material that support home telecommuting, including but not limited to, personal computers, other hardware, and software. d. The cost of providing training for telecommuters and their supervisors is an eligible use of the grant. e. Grant funds may not be used for purchasing of supplies or for reimbursement of expenses incurred while telecommuting such as telephone charges. The County Telecommuting Committee is scheduled to meet again on June 17 to review the final evaluation of the pilot program and to develop a recommendation on continuation of the telecommuting program. The Committee' s recommendation will be forwarded to the Internal Operations Committee on June 28 and subsequently to the Board. The action requested above is intended to allow the County to accept the grant in the event the Board decides to continue the telecommuting program. In the event that the Board decides against continuing the telecommuting program, any grant funds received will be returned to the Air District. S orIfl,W "- FUNDING AGREEMENT . j BETWEEN ��i THE BAY AREA AIR QUALITY MANAGEME Dl" � �. AND CONTRA COSTA COUNTY This Agreement is made and entered into this day of , 1993, between the County of Contra Costa, hereinafter referred to as "County", and the Bay Area Air Quality Management District, hereinafter referred to as "District." SECTION I RECITALS: 1) The District is authorized under Health and Safety Code Section 44223 [Assembly Bill (AB) 4341 to levy a fee on motor vehicles. Funds generated by the fee are to be used to. implement programs and projects to reduce air pollution from motor vehicles. 2) Health and Safety Code Section 44241 limits expenditure to specified eligible transportation control measures included in the plan adopted pursuant to Health and Safety Code Sections 40233 and 40717 and limits the allocation of the funds to public agencies within its jurisdiction. 3) The District and County, pursuant to AB 434, hereby enter into a Funding Agreement to implement an eligible transportation control measures to improve air quality in the San Francisco Bay Area Air Basin. SECTION II COUNTY AGREES: 1) To implement the program or project, hereinafter referred to as the "Project," in accordance with the description and implementation schedule in Attachment A. 2) To apply all interest accrued from funds received under this Agreement toward the Project. 3) To return to the District any funds and/or associated interest unencumbered within two years of receipt of the funds from the District. 4) To allow the District to audit all expenditures relating to the programs and projects funded through this Agreement. For the duration of the programs and projects as described in Attachment A and for three (3) years following completion of the 1 . ; programs ':and 'projects, County will make available to the District or to an independent auditor selected by the District all records relating to project performance-and expenses incurred in implementing the programs and projects. ` 5) To require that any recipients of funds allocated through this funding Agreement shall, for the duration of the program or project and for three (3) years following completion of the program or project, in a timely fashion make available to the District or to an independent,auditor selected by the District all records relating to project performance and expenses incurred in implementing the program or project for which funding was received. 6) To keep necessary records of project performance as :specified in Attachment B in order to expedite evaluation of emissions reductions %t;hieved from implementation of the Project. 7) To submit a report to the District within two (2) months after the completion of one year's operation of the Project which itemizes (a) the expenditure of the funds for the Project and (b) the results of the monitoring of the Project's performance as specified in Attachment B. 8) If any funds are to be used for the publication and or distribution of brochures, handbooks, or promotional material, to identify on the printed material in a manner approved by the District the Transportation Fund for .:lean Air and the Bay Area Air Quality Management District as a funding source. 9) To indicate in any related articles, news releases or other publicity materials, the Transportation Fund for Clean Air and the Bay Area Air Quality Management District as a funding source. 10) To assure that all funds received under this agreement are expended only in accordance with all applicable provisions of law. SECTION III DISTRICT AGREES: 1) To make available $27,250 in one payment of $9,083.34 and two payments of $9,083.33 in accordance.to the following disbursement schedule. The first payment will be made available within ten (10) working days from the effective date of this agreement. The second and third payments will occur within ten (10) working days of the first day of each of the next two subsequent fiscal quarters, respectively. (The first day of the fiscal quarters in a year are January 1, April 1, July 1, and October 1.) 2 -� 2) To provide timely notice prior to conducting an audit. 3) To provide a copy of the fiscal and performance audits of the Project as specified in Section 44242 of the Health and Safety Code. SECTION IV IT IS MUTUALLY AGREED: 1) Term: This Agreement will remain in effect until completion of the Project unless 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. After receiving notice of termination, the County shall initiate steps to minimize further expenditure of funds received under this agreement. 3) Indemnity: The County shall indemnify and save harmless the District from all claims, suits or actions resulting from the performance by the County of its duties under this Agreement. The District shall indemnify and save harmless the County from all claims, suits or actions resulting from the performance by the District of its ! duties under this Agreement. 4) 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 to the parties hereto. Ernest H. Vovakis Senior Transportation Planner Community Development Department Contra Costa County 651 Pine Street, 4th Floor, North Wing Martinez, CA 94553-0095 Milton.Feldstein Air Pollution Control Officer Bay Area Air Quality Management District 939 Ellis Street San Francisco, CA 94109 5) Contacts: County shall designate one or more persons to act as contact and liaison with the District with regards to the day-to-day activities of the Project. 3 6) Additional Acts and Documents: Each party agrees to do all such things and take f all such actions, and to make, execute and deliver such other documents and i instruments, as shall be reasonably requested to carry out the provisions, intent and purpose of the Agreement. 7) Integration: This Agreement represents the entire Agreement of the parties with respect to the subject matter hereof, and all such agreements entered into prior hereto are revoked and superseded by 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. 8) Amendment: This Agreement may not be changed, modified or rescinded except in writing and signed by all parties hereto. Any attempt at oral modification of the Agreement shall be void and of no effect. 9) Independent Contractor: The County renders its service under this Agreement as an independent contractor. None of the County's agents or employees sha':I be agents or employees of the District. This paragraph does not apply to el-cted officials serving concurrently on the governing boards of both the County and the 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 interpreted to give effect to the intentions of the parties. by: by: Supervisor Tom Torlakson, Chair Milton Feldstein, Air Pollution Control Officer Contra Costa County Board of Supervisors Bay Area Air Quality Management District Approved as to legal form and content: by: by: Legal Counsel Legal Counsel Contra Costa County Bay Area Air Quality Management District 4 ATTACHMENT A PROJECT DESCRIPTION The Contra Costa County Board of Supervisors authorized a Pilot telecommuting program for County employees in June 1992 in order to test the feasibility of telecommuting as a permanent element of the County's employee Transportation Demand Management Program. A training program was established for prospective telecommuters and their supervisors, and an agreement was developed to establish the parameters of the program and expectations of the telecommuter. The pilot program began in November 1992 with 35 Participants. The County anticipates authorization to continue the pilot program beyond its June 1993 termination and the enrollment of additional participants. The.434 funds will be utilized as follows: a. First priority will be given to purchases of equipment that enhance communications between home and office such as phone lines, modems and fax machines. Equipment may be installed at home or office. b. Second priority will be for equipment that provides for communications capability for more than one telecommuter. C. Third priority will be for equipment and material that support home telecommuting, including but not limited to, personal computers, other hardware, and software. d. The cost of providing training for telecommuters and their supervisors is an eligible use of the grant. e. Grant funds may not be used for purchasing of supplies or for reimbursement of expenses incurred while telecommuting such as telephone charges. ., a ATTACHMENT B MONITORING ORPROJECT PERFORMANCE 1. A description of the telecommuting program, including how employees are selected for participation. 2. Copies of press articles, press releases, newsletter articles and any other publicity materials regarding the project. 3. The following data for one year's operation of the telecommuting program: a. Number of participants; b. Average number of days per week spent telecommuting for each participant; C. Normal commute mode to and from work of each participant; d. Average round-trip commute distance; e. The average number of trips participants made in their cars on days spent telecommuting, including average distance of such trips. 4. A discussion of any pertinent issues or problems that arise during the year of operation and plans to alter and/or continue the shuttle service, including funding sources.