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AGENDA BILL Agenda Item No. 5(C) Date: November 18, 2014 To: El Cerrito City Council From: Yvetteh Ortiz, Public Works Director/City Engineer Subject: Cooperative Agreement No. 28W.01 between the Contra Costa Transportation Authority, the City of El Cerrito, Contra Costa County and the Cities of Richmond, Hercules, Pinole, and San Pablo ACTION REQUESTED Adopt a resolution authorizing the City Manager to execute Cooperative Agreement No. 28W.01 between the Contra Costa Transportation Authority (CCTA), City of El Cerrito, Contra Costa County, and the Cities of Richmond, Hercules, Pinole, and San Pablo to accept a one-time disbursement of $50,000 in Measure J Subregional Transportation Needs Program (Program 28b) funds from the CCTA to the City of El Cerrito and authorizing an amendment to the Fiscal Year (FY) 2014-15 Adopted Budget to appropriate $50,000 in the Measure J Fund for various transportation projects and programs. DISCUSSION In 2004, Contra Costa County voters approved Measure J to continue a half-cent sales tax to fund transportation projects and programs throughout the County. One component of Measure J is Program 28b, which is a funding source for subregional needs and is typically distributed by the CCTA to the Regional Transportation Planning Committees including the West Contra Costa Transportation Advisory Committee (WCCTAC). Program 28b is a flexible source of funding that is programmed by the and in our case, the WCCTAC Board. have generally used these funds for common subregional priorities and matching funds to leverage other grants and keep projects on track. In some cases, have distributed these funds to local jurisdictions, allowing them to function as flexible return-to-source funds. At its July 25, 2014 meeting, the WCCTAC Board approved appropriation of $400,000 as one-time, return-to-source funds to the member jurisdictions of WCCTAC. The funding amount allocated to each jurisdiction was based on the jurisdiction’s share of WCCTAC dues. To streamline the disbursement of the Program 28b funds by the CCTA, a single, multi- party cooperative agreement between CCTA and all six WCCTAC member jurisdictions, including the City of El Cerrito, was proposed. A disbursement of $50,000 will be provided to the City of El Cerrito once all parties have executed the agreement. The City must expend all funds no later than July 1, 2016, and submit a form indicating how Program 28b funds where expended no later than September 1, 2016. Program 28b ---PAGE BREAK--- Agenda Item No. 5(C) funds cannot be used for staff time unless it is directly related to a project funded by Program 28b. The Public Works Department has identified various pedestrian facilities that require attention to fully restore them to safe and accessible conditions, as well as, the need for professional services to support the timely delivery of several transportation planning and capital projects. Although the value of all potential maintenance and repair needs throughout the City far exceeds available funding, top priority facilities identified by the Department, based on currently unsafe or inaccessible conditions and critical pedestrian connections, include the pathway and stairway connecting Arlington Boulevard just south of Arlington Park and Brewster Drive to Contra Costa Drive and various sidewalk repairs throughout the City. The funding requested for repair of these pedestrian facilities is $40,000. The remaining funding of $10,000 will be used for miscellaneous professional services as described above. STRATEGIC PLAN CONSIDERATIONS Authorizing the execution of the cooperative agreement and the proposed appropriation is consistent with El Cerrito Strategic Plan Goal D - Develop and rehabilitate public facilities as community focal points. Specifically, appropriating funds to repair pedestrian facilities fulfills a portion of the "Develop a plan to address ongoing and deferred maintenance of facilities and infrastructure." ENVIRONMENTAL CONSIDERATIONS The pedestrian facility repair work is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) because the project is a repair to an existing facility involving negligible or no expansion of use beyond that presently existing. More specifically, restoration or rehabilitation of deteriorated or damaged facilities to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as an earthquake, landslide, or flood, is exempt from CEQA. FINANCIAL CONSIDERATIONS An amendment to the FY 2014-15 Adopted Budget is required to appropriate $50,000 in one-time funds from the Measure J Fund (204). LEGAL CONSIDERATIONS The City Attorney has reviewed the proposed action and agreement, and found that legal considerations have been addressed. Scott Hanin, City Manager Page 2 ---PAGE BREAK--- Agenda Item No. 5(C) Page 3 Attachments: 1. Accompanying Resolution 2. Cooperative Agreement No. 28.W01 ---PAGE BREAK--- Agenda Item No. 5(C) Attachment 1 RESOLUTION 2014–XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO AUTHORIZING THE CITY MANAGER TO EXECUTE COOPERATIVE AGREEMENT NO. 28W.01 BETWEEN THE CONTRA COSTA TRANSPORTATION AUTHORITY (CCTA), CITY OF EL CERRITO, CONTRA COSTA COUNTY AND THE CITIES OF RICHMOND, HERCULES, PINOLE, AND SAN PABLO TO ACCEPT A ONE-TIME DISBURSEMENT OF $50,000 IN MEASURE J SUBREGIONAL TRANSPORTATION NEEDS (PROGRAM 28B) FUNDS FROM THE CCTA TO THE CITY OF EL CERRITO AND AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2014-15 ADOPTED BUDGET TO APPROPRIATE $50,000 IN MEASURE J FUNDS WHEREAS, in 2004, Contra Costa County voters approved Measure J to continue a half-cent sales tax to fund transportation projects and programs throughout the County and one component of Measure J is the Subregional Transportation Needs Program (Program 28b); and WHEREAS, Program 28b is a flexible source of funding for transportation projects and programs and the funding is distributed by the CCTA to Regional Transportation Planning Committees including the West Contra Costa Transportation Advisory Committee (WCCTAC); and WHEREAS, at its July 25, 2014 meeting, the WCCTAC Board approved appropriation of $400,000 as one-time, return-to-source funds to the member jurisdictions of WCCTAC and the funding amount allocated to each jurisdiction was based on the jurisdiction’s share of WCCTAC dues; and WHEREAS, the Public Works Department has identified Measure J eligible transportation projects and programs, including repair of pedestrian facilities to fully restore them to safe and accessible conditions, as well as, the need for professional services to support the timely delivery of several transportation planning and capital projects; and WHEREAS, the pedestrian facility repair work is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) because the project is a repair to an existing facility involving negligible or no expansion of use beyond that presently existing and more specifically, restoration or rehabilitation of deteriorated or damaged facilities to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as an earthquake, landslide, or flood, is exempt from CEQA; and WHEREAS, funding is not currently available in the Fiscal Year (FY) 2014-15 Budget for this work. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of El Cerrito, that it hereby authorizes the City Manager to execute Cooperative Agreement No. 28W.01 between the Contra Costa Transportation Authority (CCTA), City of El ---PAGE BREAK--- Page 2 Cerrito, Contra Costa County and the Cities of Richmond, Hercules, Pinole, and San Pablo to accept a one-time disbursement of $50,000 in Measure J Subregional Transportation Needs Program (Program 28b) funds from the CCTA to the City of El Cerrito and authorizing an amendment to the FY 2014-15 Adopted Budget to appropriate $50,000 in the Measure J Fund for various transportation projects and programs. BE IT FURTHER RESOLVED, that this Resolution shall become effective immediately upon passage and adoption. I CERTIFY that at a regular meeting on November 18, 2014 the City Council of the City of El Cerrito passed this Resolution by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on November X, 2014. Cheryl Morse, City Clerk APPROVED: Janet Abelson, Mayor ---PAGE BREAK--- COOPERATIVE AGREEMENT NO. 28W.01 This COOPERATIVE AGREEMENT (this “AGREEMENT”) is effective this ____day of 2014 among CONTRA COSTA TRANSPORTATION AUTHORITY, a local transportation authority (“AUTHORITY”), CONTRA COSTA COUNTY, a political subdivision of the State of California (“CONTRA COSTA”), CITY OF RICHMOND, a municipal corporation of the State of California (“RICHMOND”), the CITY OF EL CERRITO, a municipal corporation of the State of California (“EL CERRITO”), the CITY OF HERCULES, a municipal corporation of the State of California (“HERCULES”), the CITY OF PINOLE, a municipal corporation of the State of California (“PINOLE”), and the CITY OF SAN PABLO, a municipal corporation of the State of California (“SAN PABLO”) and together with AUTHORITY, CONTRA COSTA, RICHMOND, EL CERRITO, HERCULES, PINOLE and SAN PABLO, the “PARTIES” and each separately, a “PARTY”). RECITALS THE PARTIES ENTER THIS AGREEMENT on the basis of the following facts, understandings and intentions: A. Pursuant to the Measure C Sales Tax Renewal Ordinance (#88‐01) “hereinafter MEASURE as amended by (#04‐02), hereinafter referred to as “MEASURE J” approved by the voters of the Contra Costa County on November 2, 2004, CONTRA COSTA, RICHMOND, EL CERRITO, HERCULES, PINOLE, AND SAN PABLO (each, a “PARTNER JURISDICTION” and collectively, the “PARTNER JURISDICTIONS”), and AUTHORITY desire to enter into this AGREEMENT to define a framework to enable the parties to utilize Program 28b funds in MEASURE J. B. PARTNER JURISDICTIONS shall propose programming Program 28b funds to any project or program identified in the Measure J Expenditure Plan or eligible under the provisions of the Local Transportation Authority and Improvement Act (“PROJECT”) and AUTHORITY shall disburse collected funds under Program 28b as provided herein. NOW, THEREFORE, in consideration of the mutual agreements set forth above and the rights and obligations set forth in this AGREEMENT and other good and valuable consideration, Agenda Item No. 5(C) Attachment 2 ---PAGE BREAK--- the receipt and sufficiency of which is acknowledged, AUTHORITY and each PARTNER JURISDICTION hereby agree to the following: SECTION 1 PARTNER JURISDICTIONS AGREE: 1. To expend allocated funds no later than July 1, 2016, and submit a form indicating how Program 28b funds were expended no later September 1, 2016. 2. Commit to not use Program 28b funds for staff time, unless it is directly related to a project funded by Program 28b. 3. Each PARTNER JURISDICTION shall maintain true and complete records in connection with the PROJECT, and shall retain all such records for at least thirty‐six (36) months after the delivery of the form to the AUTHORITY as provided in Section 1. 4. To allow the AUTHORITY to audit all expenditures relating to the PROJECT funded through this AGREEMENT. For the duration of each fiscal year of the PROJECT, and for four years following each fiscal year of the PROJECT, or earlier discharge of the AGREEMENT, PARTNER JURISDICTION will make available to the AUTHORITY all records relating to expenses incurred in performance of this AGREEMENT. SECTION 2 AUTHORITY AGREES: 1. To disburse $400,000 from Program 28b funds to PARTNER JURISDICTIONS following the execution of the agreement out of revenues collected for Fiscal Year 2013‐14 and prior fiscal years using the split formula provided in Exhibit A attached hereto and incorporated herein by reference. SECTION 3 IT IS MUTUALLY AGREED: 1. Term. The term of this AGREEMENT shall commence on 2014 and shall remain in effect until terminated as provided in Section 9. 2. Additional Acts and Documents. Each PARTY agrees to do all such things and ---PAGE BREAK--- 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. 3. Amendment. This AGREEMENT may not be changed, modified or rescinded except in writing, signed by all partied hereto, and any attempt at oral modification of this AGREEMENT shall be void and of no effect. 4. Assignment. This AGREEMENT may not be assigned, transferred, hypothecated, or pledged by any PARTY without the express written consent of the other PARTIES. 5. Binding on Successors. This AGREEMENT shall be binding upon the successor(s), assignee(s) or transferee(s) of the PARTIES. This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this AGREEMENT other than as provided above. 6. Indemnification. a. AUTHORITY hereby agrees to indemnify, defend, assume all liability for and hold harmless each PARTNER JURISDICTION, its officers, employees, agents, and representatives, to the maximum extent allowed by law, from all actions, claims, suits, penalties, obligations, liabilities, damages to property, costs and expenses (including, without limitation, any fines, penalties, judgments, actual litigation expenses and experts’ and actual attorneys’ fees), environmental claims or bodily and/or personal injuries or death to any persons (collectively, “CLAIMS”) arising out of or in any way connected to AUTHORITY its officers, agents, or employees in connection with or arising from any of its activities pursuant to this AGREEMENT. This indemnification shall survive the termination of the AGREEMENT and shall apply except as to the sole negligence or willful misconduct of a PARTNER JURISDICTION. b. Each PARTNER JURISDICTION hereby agrees to indemnify, defend, assume all liability for and hold harmless AUTHORITY and its member agencies, officers, employees, agents and representatives, to the maximum extent allowed by law, from all CLAIMS arising out of or in any way connected to the PARTNER JURISDICTION, its officers, agents or employees in connection with or arising from any of its activities pursuant to this AGREEMENT. This indemnification shall survive the termination of the AGREEMENT and shall ---PAGE BREAK--- apply, except as to the sole negligence or willful misconduct of AUTHORITY. 7. Compliance with Laws. AUTHORITY and each of the PARTNER JURISDICTIONS shall comply with all applicable federal and state laws and regulations regarding the work performed and the reimbursements requested. 8. Notices. All required or permitted payments, reports, demands and notices may be sent by regular mail or electronic mail. Notices that are mailed by regular mail shall be deemed delivered two 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. Notices delivered by electronic mail shall be deemed received upon the sender’s receipt of an acknowledgment from the intended recipient (such as by the “return receipt requested” function, as available, return electronic mail or other written acknowledgment of receipt); provided that, if such notice is not sent during normal business hours of the recipient, such notice shall be deemed to have been sent at the opening of business on the next business day of the recipient. Unless and until notified otherwise in writing, a PARTY shall send or deliver all such communications relating to this Agreement to the following address: Hisham Noeimi Contra Costa Transportation Authority 2999 Oak Road, Suite 100 Walnut Creek, CA 94597 [EMAIL REDACTED] City of Richmond Steven Tam ‐ Engineering 440 Civic Center Plaza Richmond, CA 94804 [EMAIL REDACTED] City of El Cerrito Yvetteh Ortiz 10890 San Pablo Avenue El Cerrito, CA 94530 [EMAIL REDACTED]‐cerrito.ca.us City of San Pablo Michele Rodriquez 13831 San Pablo Avenue ---PAGE BREAK--- San Pablo, CA 94806 [EMAIL REDACTED] City of Hercules Holly ‐ Planning 111 Civic Drive, Hercules, CA 94547 City of Pinole Winston Rhodes 2131 Pear Street, Pinole, CA 94564 [EMAIL REDACTED] Contra Costa County Robert Sarmiento Conservation and Development 30 Muir Road Martinez, CA 94553 [EMAIL REDACTED] 9. Termination of Agreement. A PARTY may terminate this Agreement at any time by giving written notice of termination to each of the other PARTIES which shall specify the effective date thereof; provided that any notice of termination shall be given at least thirty (30) days before its effective date. 10. Entire Agreement. This Agreement is the entire agreement among AUTHORITY and the PARTNER JURISDICTIONS relating to the subject matter of this Agreement. All PARTIES acknowledge they have 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. Any changes to the terms and provisions of this Agreement or affecting the obligations of the PARTIES set forth in this Agreement shall be by written amendment signed by all PARTIES. 11. Severability. Should any part of this Agreement be declared unconstitutional, invalid, or beyond the authority of a PARTY to enter into or carry out, such decision shall not ---PAGE BREAK--- 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. Waiver. No waiver by a PARTY of any default or breach of any covenant by the other PARTIES 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 the default specified in such waiver and then such waiver shall be operative only for the time and to the extent stated in such waiver. 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. 13. Controlling Law and Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and venue shall be in Contra Costa County. 14. Authority. All PARTIES executing this Agreement represent and warrant that they are authorized to do so. 15. Counterparts. This AGREEMENT may be executed in counterparts. 16. Limitations. 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 and MEASURE J. 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 notify PARTNER JURISDICTIONS, 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 obligation to fund from the date of the notice shall be expressly limited by and subject to the lawful ability of the AUTHORITY to expend sales tax proceeds for the purposes of this AGREEMENT; and (ii) the availability, taking into consideration all the obligations of the AUTHORITY under all outstanding contracts, agreement to other obligations of the AUTHORITY, of funds for such purposes. ---PAGE BREAK--- [Signatures on the following pages] ---PAGE BREAK--- CONTRA COSTA TRANSPORTATION AUTHORITY By: Kevin Romick, Chair Date 2014 APPROVED AS TO FORM: By: Chris Diaz, General Counsel 2014 ---PAGE BREAK--- CONTRA COSTA COUNTY By: Date 2014 APPROVED AS TO FORM: Sharon Anderson, County Counsel By: Deputy County Counsel 2014 ---PAGE BREAK--- CITY OF RICHMOND By: (Name, Title) Date 2014 APPROVED AS TO FORM: By: , City Attorney 2014 ---PAGE BREAK--- CITY OF EL CERRITO By: Scott Hanin, City Manager Date 2014 APPROVED AS TO FORM: By: Sky Woodruff, City Attorney 2014 ---PAGE BREAK--- CITY OF HERCULES By: (Name, Title) Date 2014 APPROVED AS TO FORM: By: , City Attorney 2014 ---PAGE BREAK--- CITY OF PINOLE By: (Name, Title) Date 2014 APPROVED AS TO FORM: By: , City Attorney 2014 ---PAGE BREAK--- CITY OF SAN PABLO By: (Name, Title) Date 2014 APPROVED AS TO FORM: By: , City Attorney 2014 ---PAGE BREAK--- Exhibit A Jurisdiction Split Formula Program 28b Allocations through June 30, 2014 County 12.5 $ 50,000 Richmond 37.5 $ 150,000 El Cerrito 12.5 $ 50,000 Hercules 12.5 $ 50,000 Pinole 12.5 $ 50,000 San Pablo 12.5 $ 50,000 SUM 100% $ 400,000