HomeMy WebLinkAboutMINUTES - 06141994 - 1.48 To: BOARD OF SUPERVISORS
t. � /-G Contra
FROM: Mark Finiicane, Health Services Director
By: Elizabeth A. Spooner, Contracts Administrat Costa
DATE: June 2, 199+ County
SUBJECT: Approve Agreement #28-547-1 with the Contra Costa
Transportation Authority
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
Approve and authorize the Health Services Director, or his designee
(Wendel Brunner, M.D. ) , to execute on behalf of the County, Agreement
#28-547-1 with the Contra Costa Transportation Authority (CCTA) ,, in
the amount of $43, 012, for the period from February 1, 1994 through
January 31, 1996, for the Safe and Convenient Bicycle Commuting
Project.
II. FINANCIAL IMPACT:
This Agreement provides $43, 012 of funding from the CCTA (Measure C
funds) for the County's Safe and Convenient Bicycle Commuting Project.
No County funds are required.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
On January 18 , 1994 the Board of Supervisors approved submission of
Funding Application #28-547 to the CCTA for the Safe and Convenient
Bicycle Commuting (SCBC) Project. Agreement #28-547-1 (OCTA
,#43 . 00. 14) is the result of that funding application.
The SCBC Project is a pilot program to increase bicycle commuter
trips. While bicycle riding in Contra Costa County has increased
dramatically in the past ten years, non-recreational trips account for
less than one half of one percent of. the bicycle trips taken in the
County.
This Project is consistent with the Metropolitan Transportation
Commission's 1991 Regional Transportation Plan to increase "safety,
security and efficiency of bicycle and pedestrian travel" , and with
the goals set forth in Contra Costa County's Bicycle Plan. _ In order
to encourage bicycle commuter travel and minimize injury to
bicyclists, the Project will seek to enhance the riding environment
through physical improvements, traffic enforcement, and education of
the public regarding road-sharing and bicycle safety.
Four certified/sealed copies of the Board Order should be returned to
the Contracts and Grants Unit for submission to the CCTA.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR REC MME AT ON OF BOARD C MMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
Contact: Wendel Brunner, M.D. (313-6712) .DUN 14 199
Cc: Health Services (Contracts) ATTESTED
Auditor-Controller (Claims) Phil Batchelor, Clerk of the Board of
Contra Costa Transportation Authority $lj �d qi
M382/7-83 BY logA=,�Q J DEPUTY
MASTER.COOPERATIVE AGREEMENT NO. 43.00.14` RAFT
BETWEEN
THE CONTRA COSTA TRANSPORTATION AUTHORITY
AND
CONTRA COSTA COUNTY FOR ITS HEALTH SERVICES DEPAR9'MFNP
2 $ - 547 - 1
THIS AGREEMENT is made and entered into as of this 1st day. of February, 1994, by and
between the CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT,
hereinafter referred to as "SPONSOR" and the CONTRA COSTA TRANSPORTATION
AUTHORITY hereinafter referred to as "AUTHORITY."
RECITALS
1. AUTHORITY and SPONSOR, pursuant to the Contra Costa Transportation
Improvement and Growth Management Expenditure Plan and Ordinance, (referred to herein as
"Measure C ") program adopted on August 3, 1988 and approved by the voters of Contra Costa
County on November 8, 1988, hereby desire to enter into a Cooperative Agreement for
transportation improvements in Contra Costa County.
2. SPONSOR desires one or more transportation improvements eligible under the
Carpools, Vanpools, and Park and Ride program category of Measure C, hereinafter referred
to as "PROJECT".
3. Pursuant to the Expenditure Plan and Ordinance, AUTHORITY is committed to
make available up to $8,600,000 in 1988 dollars for projects eligible under the Carpools,
Vanpools and Park and Ride program category. Measure C funds, hereinafter "TDM
GRANT", may be made available to SPONSOR to help fund PROJECT. TDM GRANT will
be determined on an annual basis by resolution of AUTHORITY. AUTHORITY anticipates
that SPONSOR will supplement Measure C funds with revenues from other eligible sources.
4. In no event shall such TDM GRA�INT, when aggregated with previously approved
funds exceed the Measure C commitment set forth in the Strategic Plan, and the limit set forth
in Recital 3. The approval of TDM GRANT may specify additional condition for release of
funds to SPONSOR for PROJECT. A chronological listing of TDM GRANT will be included
in and made a part of Exhibit A (attached), which is hereby incorporated into this
AGREEMENT and made a part hereof by reference.
5. Following approval of TDM GRANT by AUTHORITY for a particular
PROJECT, this AGREEMENT will be amended by adding a mutually agreeable new
EXHIBIT, which is to be attached hereto and made a part hereof by reference. Each EXIT
is to include the following information:
(1) Objective of TDM Grant:
At
A brief narrative describing the transportation problem to be addressed. + R
IJ
Master Cooperative Agreement No.43.00.14
Between Contra Costa Transportation Authority
& Contra Costa County Health Services Dept.
1
(2) Amount of the TDM Grant
Amount of the grant for the particular fiscal year, and the expiration date of such funds.
(3) Scope of Work
A statement of the tasks to be performed by the SPONSOR by virtue of receiving TDM
GRANT.
(4) Schedule
Key milestones, deliverables and level of staff effort.
(5) Method of billing and estimated cash flow
Frequency of billing, consideration of advance payments, estimated cash flow for PROJECT.
(6) Final Report and Evaluation
Anticipated schedule and methodology for evaluating the success of the PROJECT.
A sample format for preparing such EXHIBIT is included as Exhibit B and made a part hereof
by reference.
6. TDM GRANT funds shall be available to SPONSOR from February 1, 1994, to
January 31, 1996.
NOW, THEREFORE, in consideration of the foregoing, the AUTHORITY and SPONSOR
do hereby agree as follows:
SECTION I
SPONSOR AGREES:
1. For each PROJECT funded by AUTHORITY, to apply TDM GRANT received
under this AGREEMENT to PROJECT consistent with the terms and conditions specified in
the funding resolution approved by the AUTHORITY.
2. For each PROJECT funded by AUTHORITY, to apply PROJECT FUNDS
received under this AGREEMENT consistent with the scope of work described in the relevant
EXHIBIT to this AGREEMENT.
3. To allow the AUTHORITY to audit all expenditures relating to each PROJECT
funded through this AGREEMENT. For the duration of each PROJECT, and for four (4)
years following completion of the PROJECT, or earlier discharge of the AGREEMENT,
SPONSOR will make available to the AUTHORITY all records relating to expenses incurred
in performance of this AGREEMENT.
Master Cooperative Agreement No.43.00.14
Between Contra Costa Transportation Authority
& Contra Costa County Health Services Dept.
2
4. To provide invoices and progress reports consistent with the relevant EXHIBIT as
well as Exhibit C, Method of Payment.,which is attached hereto and made a part hereof by
reference.
5. To provide overall management of the PROJECT, including responsibility for
schedule, budget and oversight of services performed by others. To be responsible for
evaluation, selection and management of consultants and contractors.
6. Upon request, to provide copies to the AUTHORITY of all executed contracts and
other PROJECT documents between SPONSOR and others involved in PROJECT. Copies
of such executed contracts shall be retained for four (4) years following completion of
PROJECT or earlier discharge of the AGREEMENT.
7. If the PROJECT involves construction or capital acquisition, to install a sign
approved by the AUTHORITY, that identifies Measure C and the Contra Costa Transportation
Authority as a funding source.
8. If the PROJECT involves capital acquisition(s), other than real property, which
subsequently becomes surplus to the needs of PROJECT, or if PROJECT is terminated, to
transfer net proceeds, after deducting auditable costs of sales, to AUTHORITY resulting from
the sale of such capital acquisitions purchased in whole or in part with Measure C funds, in the
same proportion to the net proceeds as the original contribution of Measure C funds was to the
initial purchase of the capital acquisition. Capital acquisitions which were purchased more than
seven years prior to being declared surplus, shall not be subject to this section, and may be
disposed of as the SPONSOR sees fit.
9. If the PROJECT involves right-of-way acquisition, to follow the requirements of
state law, the Federal Uniform Acquisition and Relocation Assistance Act and, if applicable, to
transfer net proceeds, after deducting auditable costs of sales, to AUTHORITY resulting from
the sale of excess lands purchased in whole or in'part with TDM GRANT funds, in the same
proportion to the net proceeds as the original contribution of TDM GRANT funds was to the
purchase price of the original parcel.
10. SPONSOR agrees to provide a performance report to AUTHORITY within one (1)
year of the date of the AGREEMENT, documenting the success of PROJECT in reducing
single-occupancy vehicle trips consistent with requirements specified by AUTHORITY.
SECTION H
AUTHORITY AGREES:
1. Consistent with the procedures specified in the relevant EXHIBIT, to reimburse
SPONSOR for legitimate expenses incurred in conducting the PROJECT.
2. To provide timely notice if an audit is to be conducted.
Master Cooperative Agreement No.43.00.14
Between Contra Costa Transportation Authority
& Contra Costa County Health Services Dept.
3
SECTION III
IT IS MUTUALLY AGREED:
1. Term: This AGREEMENT will remain in effect until discharged as provided in
Paragraph 2 or 11 hereof.
2. Discharge: This AGREEMENT shall be subject to discharge as follows:
a. Either party may terminate this AGREEMENT at any time for cause pursuant to
a power created by the AGREEMENT or by law, otherwise than for breach, by giving written
notice of termination to the other party which shall specify both the cause and the effective date
of termination. Notice of termination under this provision shall be given at least ninety (90)
days before the effective date of such termination. Payment shall be made by the AUTHORITY
for all services rendered by SPONSOR to the PROJECT pursuant to this AGREEMENT up
to the time of termination, subject to any expenditure limits applicable to this AGREEMENT.
b. This AGREEMENT may be canceled by a party for breach of any obligation,
covenant or condition hereof by the other party, upon notice to the breaching party. With
respect to any breach which is reasonably capable of being cured, the breaching party shall have
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 date of the initial notice, unless a further extension is granted by the non-
breaching party. On cancellation, the non-breaching party retains the same rights as a party
exercising its right to terminate under the provisions of paragraph 2(a), except that the canceling
party also retains any remedy for breach of the whole contract or any unperformed balance.
C. By mutual consent of both parties, this AGREEMENT may be terminated at any
time.
3. Indemnity: It is mutually understood and agreed, relative to the reciprocal
indemnification of AUTHORITY and SPONSOR:
a. That neither AUTHORITY, nor any officer or employee thereof, shall be
responsible for, and SPONSOR shall fully indemnify and hold harmless AUTHORITY against
any damage or liability occurring by reason of anything done or omitted to be done by
SPONSOR under or in connection with any work, authority or jurisdiction delegated to
SPONSOR under the AGREEMENT. It is also understood and agreed that, pursuant to
Government Code Section 895.4, SPONSOR shall fully indemnify and hold the AUTHORITY
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 SPONSOR under this
AGREEMENT or in connection with any work, authority, or jurisdiction delegated to
SPONSOR under this AGREEMENT.
b. That neither SPONSOR, nor any officer or employee thereof, shall be responsible
for, and AUTHORITY shall fully indemnify and hold harmless SPONSOR against any damage
Master Cooperative Agreement No.43.00.14
Between Contra Costa Transportation Authority
& Contra Costa County Health Services Dept.
4
or liability occurring by reason of anything done or omitted to be done by AUTHORITY under
or in connection with any work, authority or jurisdiction delegated to AUTHORITY under the
AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section
895.4, AUTHORITY shall fully indemnify and hold the SPONSOR 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 AUTHORITY under this AGREEMENT or in
connection with any work, authority, or jurisdiction delegated to AUTHORITY 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.
Jack Champlin
Program Coordinator
Contra Costa County Health Services Dept.
75 Santa Barbara Road
Pleasant Hill, CA 94523
Arielle E. L. Bourgart
Assistant Director
Contra Costa Transportation Authority
1340 Treat Blvd., Suite 150
Walnut Creek, CA 94596
5. 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.
6. Inte rad tion: This AGREEMENT represents the entire AGREEMENT of the parties
with respect to the subject matter hereof. 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.
7. 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.
8. Indgpendent Agency SPONSOR renders its services under this AGREEMENT
as an independent agency. None of the SPONSOR's agents or employees shall be agents or
employees of the AUTHORITY.
9. Assignment: The AGREEMENT may not be assigned, transferred,
hypothecated, or pledged by any party without the express written consent of the other party.
Master Cooperative Agreement No.43.00.14
Between Contra Costa Transportation Authority
& Contra Costa County Health Services Dept.
5
10. Binding on Successors. Etc.: This AGREEMENT shall be binding upon the
successor(s), assignee(s) or transferee(s) of the AUTHORITY or SPONSOR 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.
11. Severability: Should any part of this AGREEMENT be determined to be
unenforceable, invalid, or beyond the authority of either party to enter into or carry out, such
determination 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.
12. Limitation: All obligations of AUTHORITY under the terms of this
AGREEMENT are expressly subject to the AUTHORITY's continued authorization to collect
and expend the sales tax proceeds provided by MEASURE C. If for any reason the
AUTHORITY's right to collect or expend such sales tax proceeds is terminated or suspended
in whole or part, the AUTHORITY shall promptly notify SPONSOR, and the parties shall
consult on a course of action. If, after twenty five (25) working days, a course of action is not
agreed upon by the parties, this AGREEMENT shall be deemed terminated by mutual or joint
consent; provided, that any future obligation to fund from the date of the notice shall be
expressly limited by and subject to (i) the lawful ability of the AUTHORITY to expend sales
tax proceeds for the purposes of the AGREEMENT; and (ii) the availability, taking into
consideration all the obligations of the AUTHORITY under all outstanding contracts,
agreements to other obligations of the AUTHORITY, of funds for such purposes.
Master Cooperative Agreement No.43.00.14
Between Contra Costa Transportation Authority
& Contra Costa County Health Services Dept.
6
CONTRA COSTA COUNTY FOR ITS CONTRA COSTA
HEALTH SERVICES DEPT. TRANS PORTA TION
AUTHORITY
by: by:
Wendel Brunner, M.D. Darrel "Jay" Tucker,
Public Health Director Chair
ATTEST:
by: by:
Robert K. McCleary
Executive Director
APPROVED as to legal form and content:
by: by:
Legal Counsel
Master Cooperative Agreement No.43.00.14
Between Contra Costa Transportation Authority
& Contra Costa County Health Services Dept.
7
COOPERATIVE AGREEMENT NO. 43.00.14
between
the CONTRA COSTA TRANSPORTATION AUTHORITY
and
CONTRA COSTA COUNTY HEALTH SERVICES DEPT.
EXHIBIT A
Chronological Listingof f Projects approved for funding under the Carpools. Vanpools and Park
and Ride program category of Measure C
CCTA Date Fiscal Year of Project Amount of TDM
Resolution funds approved Name Grant
93-05-G 12/15/93 1992-93 Safe and $43,012
Convenient
Commuting
Master Cooperative Agreement No.43.00.14
Between Contra Costa Transportation Authority
& Contra Costa County Health Services Dept.
1
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COOPERATIVE AGREEMENT NO. 43.00.14
the CONTRA COSTA TRANSPORTATION AUTHORITY
and
CONTRA COSTA COUNTY HEALTH SERVICES DEPT.
EXHIBIT C
Method of Payment -- Reimbursement Quarterly
1. The SPONSOR shall submit invoices to the AUTHORITY on a quarterly basis for
all eligible costs of the PROJECT incurred within the time period, as covered by this
AGREEMENT.
2. Invoices submitted to the AUTHORITY shall be accompanied by:
- A summary of the expenses covered by the invoice.
- A copy of EXHIBIT B of this AGREEMENT with Section VIII "Actuals"
completed to reflect which line item reimbursements are to be applied.
- Receipts of other documentation for all items being invoiced.
- Certification from SPONSOR that funding is being requested for expenses to be
incurred which have not been included in a previous invoice.
3. The AUTHORITY will process an advance to the SPONSOR within ten working
days after receipt by the AUTHORITY of an invoice containing all the information required
per item 2 above. The AUTHORITY reserves the right to adjust the payment of the invoice
should review indicate that it includes ineligible costs.
4. Any funds remaining unencumbered by'SPONSOR upon completion of
PROJECT, or after the time period for which SPONSOR is eligible to be reimbursed under
the terms and conditions of this AGREEMENT, except where extended by mutually
approved amendment to this AGREEMENT, shall revert to the AUTHORITY, and be
reallocated based on the Authority's processes and procedures then extent.
Master Cooperative Agreement No.43.00.14
Between Contra Costa Transportation Authority
& Contra Costa County Health Services Dept.
1