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HomeMy WebLinkAbout4.07 Measure BB Transportation Exp Plan or 19 82 STAFF REPORT CITY CLERK ` CITY COUNCIL File #600-40 DATE: May 19, 2015 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager " SUBJECT: Approval of Alameda County Transportation Commission (Alameda CTC) Measure BB Master Programs Funding Agreement Prepared by Obaid Khan, Transportation and Operations Manager EXECUTIVE SUMMARY: On November 4, 2014, Alameda County voters approved the 2014 Transportation Expenditure Plan (TEP), Measure BB, authorizing the extension of the existing transportation sales tax and augmenting it by one-half percent to fund projects and programs. The TEP includes two types of funding distributions: 1) direct fund disbursements to local jurisdictions known as Direct Local Distributions (DLD), and 2) fund reimbursements for discretionary projects and programs after work is performed. Sales tax revenue collection for Measure BB commenced on April 1, 2015. The first DLD payments are expected in the June/July timeframe, shortly after the Alameda CTC receives the first revenues from the California State Board of Equalization. In order to receive Measure BB DLD funds, local jurisdictions must enter into a Master Programs Funding Agreement (MPFA) with the Alameda CTC. This MPFA will sunset on June 30, 2016 and will be replaced by a new MPFA. FINANCIAL IMPACT: Execution of the Master Programs Funding Agreement, prior to June 30, 2015, will allow the City of Dublin to receive DLD funds through the Measure BB funding program. It is estimated that Dublin will receive approximately $490,000 per year in transportation funding through Measure BB program. RECOMMENDATION: Staff recommends that the City Council adopt the Resolution Approving the Alameda County Transportation Commission Measure BB Master Programs Funding Agreement. "ubmitted By Reviewed By Public Works Director Assistant City Manager Page 1 of 2 ITEM NO. 4.7 DESCRIPTION: On November 4, 2014, Alameda County voters approved Measure BB, authorizing the extension of the existing transportation sales tax (Measure B) and augmenting it by one-half percent to fund projects and programs included in the 2014 Alameda County Transportation Expenditure Plan (TEP). Sales tax revenue collection began on April 1, 2015. The TEP, which guides the expenditures of Measure BB, requires that each fund recipient enter into a Master Program Funding Agreement (Agreement) with the Alameda County Transportation Commission (ACTC). The Agreement defines the roles and responsibilities related to the expenditure of Measure BB sales tax revenues. The TEP includes two types of fund distributions: 1) direct disbursements to recipients as a percentage of net revenues, known as DLD, and 2) payments made on a reimbursement basis after work is performed, known as discretionary funds. The Agreement addresses only the requirements of the DLD funds. Projects and programs funded through discretionary funds will be addressed in separate, project-specific agreements. The Agreement authorizes disbursement of DLD funding collected during an initial period from April 1, 2015 through June 30, 2016. DLD funding collected after June 30, 2016, will be covered through either an amendment to the Agreement or through a new Master Program Funding Agreement with ACTC. It is important to note that the TEP identifies criteria that will require the development of specific policies and procedures in order to facilitate distribution of funds. Examples of these criteria include local contracting, performance based measurements, distribution formulas, and geographical equity formulas. This initial period will allow disbursement of DLD funds while ACTC staff develops policies and procedures for the long-term implementation of Measure BB DLD funds. Staff recommends that City Council adopt a Resolution approving the Agreement (Attachment 2), thereby allowing the City of Dublin to receive DLD funds as soon as Measure BB sales tax revenues are received by the ACTC. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of this report was provided to the Alameda County Transportation Commission Watchdog Committee members from the Tri-Valley Area. ATTACHMENTS: 1. Resolution Approving the Alameda County Transportation Commission Measure BB Master Programs Funding Agreement and Authorizing the City Manager to Execute the Agreement. 2. Exhibit A to the Resolution - Master Programs Funding Agreement Page 2 of 2 RESOLUTION NO. — 15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE ALAMEDA COUNTY TRANSPORTATION COMMISSION MEASURE BB MASTER PROGRAMS FUNDING AGREEMENT WHEREAS, voters approved the 2014 Transportation Expenditure Plan ("Measure BB"), a half- cent transportation sales tax on November 4, 2014 that extends the existing 2000 Measure B transportation sales tax, and augments it by a one-half percent to fund projects and programs in Alameda County; and WHEREAS, the Alameda County Transportation Commission ("Alameda CTC") is responsible for distributing Measure BB revenues to local jurisdictions to support bicycle and pedestrian infrastructure safety, local street maintenance and safety (local streets and roads), transit and paratransit programs; and WHEREAS, Measure BB requires entering into a Master Funding Agreement between the Alameda CTC and City of Dublin in order to distribute Measure BB funds to the local jurisdiction; and WHEREAS, the Alameda CTC has developed a Measure BB Master Programs Funding Agreement ("MPFA") that specifies Measure BB Direct Local Distribution ("DLD") funding distributions, Alameda CTC's responsibilities, and the recipient's responsibilities for revenues collected from April 1, 2015 through June 30, 2016; and WHEREAS, implementation guidelines for each program are referenced in the MPFA to guide fund eligibility and expenditures. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves the MPFA attached to this resolution; and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the MPFA, including any non-substantive revisions thereto that may be incorporated upon the Alameda CTC's request. PASSED, APPROVED AND ADOPTED this 19th day of May, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: - 1 - City Clerk - 2 - Alameda CTC Agreement No. A15-xxxx MASTER PROGRAMS FUNDING AGREEMENT between the ALAMEDA COUNTY TRANSPORTATION COMMISSION and the City of Dublin This Master Programs Funding Agreement ("AGREEMENT"), effective the Pt of April 2015,is entered into by and between the Alameda County Transportation Commission ("AL.AMEDA CTC") and the City of Dublin ("RECIPIENT"). RECITALS A. On November 4,2014,the voters of Alameda County,pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq.,approved Measure BB,thereby authorizing ALANIEDA CTC to administer the proceeds from the extension of an existing one-half of one percent transaction and use tax scheduled to terminate on March 31, 2022,and the augmentation of the tax by one-half of one percent. B. The duration of the tax will be 30 years from the initial year of collection,which begins April 1,2015,with said tax to terminate/expire on March 31,2045.The tax proceeds will be used to pay for the investments outlined in the 2014 Alameda County Transportation Expenditure Plan ("2014 TEP"), as it may be amended. C. This AGREEMENT delineates the requirements of the Direct Local Distribution ("DLD") funds; funds which are directly allocated to local jurisdictions and transit operators, as authorized by Measure BB and detailed in the 2014 TEP. Discretionary funds identified in the 2014 TEP are not the subject of this AGREEMENT and RECIPIENT will be required to enter into a separate agreement for those funds. D. The DLD funds will be available for distribution once an agreement is executed with the State Board of Equalization ("BOE") and the first revenue payment is received from the BOE. E. This AGREEMENT was originally approved by the governing body of the ALAMEDA CTC on May 28,2015. NOW,THEREFORE,it is mutually agreed by and between the parties as follows: 1 of 9 Alameda CTC Agreement No. A15-xxxx ARTICLE I: FUNDING ALLOCATIONS This AGREEMENT authorizes the AL -mEDA CTC to allocate the DLD funds derived from Measure BB as described in the 2014 TEP and summarized in Table A: Measure BB DLD Investment Summary. DLD funds shall be allocated from net revenues after BOE and administration expenses. TABLE A: MEASURE BB DLD INVESTMENT SUMMARY Investment Category Program Transit: Operations, AC Transit OMSP Maintenance and Safety Program (OMSP) Altamont Commuter Express (ACE) OMSP San Francisco Bay Area Rapid Transit District (BART) Maintenance San Francisco Bay Area Water Emergency Transportation Authority (WETA) OMSP Livermore Amador Valley Transit Authority (LAVTA) OMSP Union City Transit OMSP Affordable Transit for Seniors City-based and Locally Mandated and People with Disabilities East Bay Paratransit Consortium—AC Transit (Paratransit) East Bay Paratransit Consortium—BART Direct Allocation to Cities and Local streets maintenance and safety program County (Local Streets and Roads) Bicycle and Pedestrian Bicycle and pedestrian direct allocation to cities and Alameda County Infrastructure & Safety A. Transit (OMSP) -ALAMEDA CTC will distribute funds based on set percentages detailed in the 2014 TEP. RECIPIENT's percentage fund distribution,if applicable,is detailed in EXHIBIT A-MEASURE BB DIRECT LOCAL DISTRIBUTION SUMNLARY,attached hereto and by this reference made a part of this AGREEMENT. 1. RECIPIENT shall use such funds for maintenance and operations of transit services and may include maintenance of transit services,restoration of service cuts, expansion of transit services,and passenger safety and security. 2. The Transit OMSP funds shall be subject to the requirements for"Measure B Mass Transit Pass-through Funds,"as detailed in the ALAMEDA CTC Mass Transit Program Implementation 2 of 9 Alameda CTC Agreement No. A15-xxxx Guidelines, and said guidelines are hereby incorporated into this AGREEMENT by reference. B. Affordable Transit for Seniors and People with Disabilities (Paratransit) 1. City and Local Transit Operator a. ALAMEDA CTC will distribute funds based on the percentage of the population over age 70 in each of four planning areas for city-based and mandated paratransit services of local bus transit providers. Funds may be further distributed to individual cities within each planning area based on a formula refined by ALAMEDA CTC's Paratransit Advisory and Planning Committee ("PAPCO"). RECIPIENT's initial percentage fund distribution,if applicable,is detailed in Exhibit A subject to change based on changes in annual population. b. Each planning area is defined in Exhibit B attached hereto and by this reference made a part of this AGREEMENT. C. RECIPIENT shall use such funds for implementation of locally developed solutions to address the mobility challenges of older adults and people with disabilities. 2. East Bay Paratransit Consortium a. ALAMEDA CTC will distribute funds based on set percentages detailed in the 2014 TER RECIPIENT's percentage fund distribution,if applicable,is detailed in Exhibit A. b. RECIPIENT shall use such funds towards meeting RECIPIENT's responsibilities under the Americans with Disabilities Act (ADA). 3. The ALAMEDA CTC Paratransit Program Implementation Guidelines provide program eligibility and fund usage guidelines,definitions,additional requirements, and guideline adoption details. Said guidelines are hereby incorporated into this AGREEMENT by reference. C. Local Streets and Roads 1. ALAMEDA CTC will distribute funds pursuant to a formula weighted 50 percent by the population of the jurisdiction within the subarea and 50 percent by the number of road miles within the subarea. RECIPIENT's initial percentage fund distribution,if applicable,is detailed in Exhibit A subject to change based on changes in annual population and road mile projections. 2. RECIPIENT shall spend a minimum of 15% of all funds received on project elements directly benefitting bicyclists and pedestrians. 3. RECIPIENT shall use such funds for any local transportation need based on local priorities,including street maintenance,bicycle and pedestrian projects,bus stops, and traffic calming. 4. Local Streets and Roads funds are subject to the requirements for"Measure B Local Streets and Roads Pass-through Funds"as detailed in the ALAMEDA CTC Local Streets and Roads Program Implementation Guidelines, and said guidelines are hereby incorporated into this AGREEMENT by reference. D. Bicycle and Pedestrian Paths and Safety 1. ALAMEDA CTC will distribute funds pursuant to a formula weighted 100 percent by the jurisdiction's share of the population. RECIPIENT's initial percentage fund distribution,if applicable,is detailed in Exhibit A subject to change based on changes in annual population. 2. RECIPIENT shall use such funds for planning,construction and maintenance of 3 of 9 Alameda CTC Agreement No. A15-xxxx bicycle and pedestrian projects and programs,with focus on high-priority projects described in RECIPIENT's Bicycle and Pedestrian Master Plans. 3. Bicycle and Pedestrian Paths and Safety funds are subject to the requirements for "Measure B Bicycle and Pedestrian Pass-through Funds"as detailed in the ALANIEDA CTC Bicycle and Pedestrian Safety Program Implementation Guidelines,and said guidelines are hereby incorporated into this AGREEMENT by reference. ARTICLE II: PAYMENTS AND EXPENDITURES A. ALAMEDA CTC's Duties and Obligations 1. Within five working days of actual receipt of the monthly Measure BB sales tax revenues from the BOE,ALAMEDA CTC shall remit to the RECIPIENT its designated amount of DLD funds disbursed on a monthly basis by a set formula for distribution. 2. ALAMEDA CTC shall annually update the Measure BB sales tax revenue projections and the resulting funds allocation formulas to reflect the most current population using the California Department of Finance's annual population estimates (Report E-1 published in May) and maintained road mileage from the Department of Transportation as it is made available. ALANIEDA CTC shall use the updated Measure BB program allocation formulas in the allocations beginning July 1 of each new fiscal year,which is from July 1 to June 30 in the State of California. ALAMEDA CTC shall provide an annual projection of Measure BB DLD estimated to be distributed to each RECIPIENT for each investment category RECIPIENT is eligible to receive before the beginning of each new fiscal year. 3. ALAMEDA CTC shall report monthly the amount of Measure BB revenues distributed to RECIPIENT by each investment category for the fiscal year and for the total program to date. 4. ALAMEDA CTC shall provide for an independent annual audit of its financial statements including revenues and expenditures and also the calculation of the allocation formula for distributing Measure BB DLD funds to various recipients and render an annual report to the ALAMEDA CTC Commission within 180 days following the close of the fiscal year.ALAMEDA CTC shall render an annual report on Measure BB funds to the Citizens Watchdog Committee (Independent Watchdog Committee) as soon thereafter as practical. 5. ALAMEDA CTC shall provide timely notice to RECIPIENT prior to conducting an audit of any expenditure made by RECIPIENT to determine whether such expenditures are in compliance with this AGREEMENT and the 2014 TEP. B. RECIPIENT's Duties and Obligations 1. RECIPIENT shall expend all Measure BB funds distributed to the RECIPIENT in compliance with the 2014 TEP guidelines,including the ALAMEDA CTC Implementation Guidelines, as they may be adopted or amended by ALANIEDA CTC from time to time. 2. RECIPIENT shall set up and maintain an appropriate system of accounts to report on Measure BB funds received. RECIPIENT must account for Measure BB funds,including any interest accrued, separately from any other funds it receives from ALAMEDA CTC. The accounting system shall provide adequate internal controls and audit trails to facilitate an annual compliance audit for the Measure BB funds and the respective usage and application of said funds. ALANIEDA CTC and its representatives,agents and 4 of 9 Alameda CTC Agreement No. A15-xxxx nominees shall have the absolute right at any reasonable time to inspect and copy any accounting records related to such funds,except to the extent specifically prohibited by applicable law. 3. RECIPIENT hereby agrees to and accepts the formulas used in the allocation of Measure BB revenues as reflected in the ballot measure and the 2014 TEP,and agrees to accept and utilize the California Department of Finance Estimates of Population figures (Report E-1,updated each May) and the maintained road mileage from the Department of Transportation as it is made available for the annual update of the allocation formulas to begin in each new fiscal year. ARTICLE III: POLICIES ON USE OF FUNDS A. Timely Use of Funds Policy 1. Except for those funds properly placed into a reserve fund pursuant to Section B below,all Measure BB funds received by RECIPIENT shall be spent expeditiously, and no unexpended funds are allowed,unless a written request is submitted to the ALAMEDA CTC and approved by the Commission through the annual compliance audit and reporting process. B. Reserve Fund Policy: RECIPIENT may reserve funds for specified periods of time,as defined in each reserve program,which ALAMEDA CTC will monitor through the annual compliance audit and reporting process described in Article 4. RECIPIENT may establish the following separate types of reserve funds: 1. Capital Fund Reserve:RECIPIENT may establish a specific capital fund reserve to fund specific large capital project(s) that could not otherwise be funded with a single year's worth of Measure BB DLD funds. If a capital fund reserve is established by RECIPIENT,it must be done as part of the Annual Program Compliance Reporting process as defined in Article IV.B. a. RECIPIENT may collect capital funds during not more than three fiscal years, and shall expend all reserve funds prior to the end of the third fiscal year immediately following the fiscal year during which the reserve was established (e.g.,if a reserve is established at any time during fiscal year 2015-2016 (FY 15-16),RECIPIENT may collect reserve funds during some or all of FY 15-16,FY 16-17 and FY 17-18,and must spend the reserve funds prior to the end of FY 18-19). b. RECIPIENT shall report implementation schedules and funding plans for each proposed project to be funded from the reserve in RECIPIENT's annual program compliance report. C. RECIPIENT may seek a single one-year extension for a given reserve fund if RECIPIENT demonstrates that unforeseen and extraordinary circumstances have occurred that would justify the extension. RECIPIENT shall submit a request for such an extension in writing to ALAMEDA CTC's executive director. The ALAMEDA CTC Commission,in its sole discretion,will make a determination as to whether to approve or deny the extension request and will notify RECIPIENT of its action in writing. 2. Operations Fund Reserve: RECIPIENT may establish and maintain a specific reserve to address operational issues,including fluctuations in revenues, and to help maintain transportation operations. This fund may not contain more than 50 percent of annual DLD revenues, unless an exception is requested in writing and approved by the ALAMEDA CTC Commission. This fund may be a revolving fund and is not subject to an expenditure timeframe. If an operations fund reserve is 5 of 9 Alameda CTC Agreement No. A15-xxxx established by RECIPIENT,it must be done as part of the Annual Program Compliance Reporting process as defined in Article W.B. 3. Undesignated Fund Reserve: RECIPIENT may establish and maintain a specific reserve for transportation needs over a fiscal year, such as matching funds for grants,project development work, studies for transportation purposes, or contingency funds for a project or program. This fund may not contain more than 10 percent of annual DLD revenues,unless an exception is requested in writing and approved by the ALAMEDA CTC Commission. If an undesignated fund reserve is established by RECIPIENT, it must be done as part of the Annual Program Compliance Reporting process as defined in Article IV.A.3. a. RECIPIENT shall report the range of potential uses for the reserve funds in its annual compliance report. C. Rescission of Funds Policy:If RECIPIENT does not meet the timeliness requirements set forth in Section A and B,ALANIEDA CTC may determine the RECIPIENT does not need the unspent funds. In such case,unless the RECIPIENT requests and ALAMEDA CTC approves an extension to the applicable deadline for the Capital Fund Reserve as described in Article IILB.1,RECIPIENT must return unspent funds and all interest earned thereon to ALAMEDA CTC. All such funds returned to ALAMEDA CTC shall be placed into an account for reallocation to the same programmatic type for transportation improvements in the county. D. Other Expenditure Restrictions: 1. Transportation Purposes Only: RECIPIENT shall use all Measure BB funds solely for transportation purposes as defined by the authorizing ballot measure. Any jurisdiction that violates this provision must fully reimburse all misspent funds,including all interest that would have been earned thereon. 2. Non-Substitution of Funds: RECIPIENT shall use Measure BB funds,pursuant to Public Utilities Code Section 180000 et seq.,to supplement and not replace existing property taxes used for transportation purposes. 3. Fund Exchange: Any fund exchanges made using Measure BB must be made for transportation purposes. ALAMEDA CTC will consider exchange proposals on a case-by-case basis. 4. Staff Cost Limitations: Direct costs associated with the delivery of programs and projects associated with Measure BB programs,including direct staff costs and consultant costs, are eligible uses of Measure BB funds.ALAMEDA CTC does not allow indirect costs,unless the RECIPIENT submits an independently audited/approved Indirect Cost Allocation Plan. ARTICLE IV: REPORTING REQUIREMENTS RECIPIENT shall comply with each of the reporting requirements set forth below. If RECIPIENT fails to comply with one or more of these requirements,ALAMEDA CTC may withhold payment of further Measure BB funds to RECIPIENT until full compliance is achieved. A. RECIPIENT shall submit to ALAMEDA CTC, on an annual basis and at the RECIPIENT's expense, an independently audited Measure BB financial statements and a compliance opinion of the funds received and used,including plans and reports of expenditures. RECIPIENT shall complete, certify, and provide the annual audited financial statements and compliance opinion to ALAMEDA CTC within 180 days following the close of each fiscal year. 6 of 9 Alameda CTC Agreement No. A15-xxxx B. RECIPIENT shall,by December 31 of each year, submit to ALAMEDA CTC,at the RECIPIENT's expense, a compliance report on programs and projects on which RECIPIENT expended Measure BB funds. In such report,RECIPIENT shall state how the funds were used and the benefits derived from the funded programs and projects, and establish fund reserves and amounts remaining in reserves and anticipated program and project expenditures. If RECIPIENT's expenditures in a fiscal year are less than the amount received during such year,RECIPIENT shall explain why revenues exceeded expenditures and RECIPIENT's provide an implementation plan for the unexpended fund balances. C. To be eligible for receipt of Local Streets and Roads funds,RECIPIENT shall provide ALAMEDA CTC with the certified number of maintained road miles within RECIPIENT's jurisdiction,which shall be consistent with the miles reported to state and federal agencies. RECIPIENT shall provide ALANIEDA CTC with the annual certified number of maintained road miles each fiscal year even if the number of miles for the fiscal year did not change. Road miles reported through the Department of Transportation shall be used in the updated Measure BB sales tax revenue allocation formula for distributing Measure BB funds and the new mileage shall be reflected in the distributions that start on July 1 of each new fiscal year. D. RECIPIENT shall install or mount signage, such as those identified on the ALAMEDA CTC website (http://www.alamedactc.org/apo pages/view/5269), adjacent to Measure BB funded construction projects and on vehicles funded with Measure BB funds (e.g.,RECIPIENT and ALAMEDA CTC logos;"Your Transportation Tax Dollars Help Fund the Operation of This Vehicle!") where practical, so Alameda County taxpayers are informed as to how RECIPIENT is using Measure BB funds. RECIPIENT shall include a description of signage and number of signs posted in the annual compliance report submitted to ALAMEDA CTC. E. RECIPIENT shall provide current and accurate information on RECIPIENT's website,to inform the public on how RECIPIENT is using Measure BB funds, and shall also provide a link to ALAMEDA CTC's website. F. RECIPIENT shall, at least annually,publish an article highlighting a project or program in which RECIPIENT has used Measure BB funds. G. RECIPIENT shall actively participate in a Public Awareness Program,in partnership with ALAMEDA CTC and/or its community advisory committees, as a means of ensuring that the public has access to and has the ability to know which projects and programs are funded through Measure BB. H. RECIPIENT shall make its administrative officer or designated staff available on request from ALAMEDA CTC to render a report or answer any and all inquiries in regards to RECIPIENT's receipt,usage, and compliance audit findings of its funds before ALAMEDA CTC's governing board and/or the Citizens Watchdog Committee (Independent Watchdog Committee) or community advisory committees, as applicable. I. RECIPIENT agrees that ALAMEDA CTC may review and/or evaluate the project(s) or program(s) funded pursuant to this AGREEMENT. This may include visits by representatives, agents or nominees of ALAMEDA CTC to observe RECIPIENT's project or program operations,to review project or program data and financial records, and to discuss the project with RECIPIENT's staff or governing board. ARTICLE V: OTHER PROVISIONS A. Indemnity by RECIPIENT. Neither ALAMEDA CTC,nor its governing body, elected officials,any officer, consultant, agent, or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by RECIPIENT in connection with Measure BB 7 of 9 Alameda CTC Agreement No. A15-xxxx funds distributed to RECIPIENT pursuant to this AGREEMENT. It is also understood and agreed,pursuant to Government Code Section 895.4,RECIPIENT shall fully defend,indemnify and hold harmless ALANIEDA CTC,its governing body, and all its officers,agents, and employees,from any liability imposed on ALAMEDA CTC for injury(as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by RECIPIENT in connection with Measure BB funds distributed to RECIPIENT pursuant to this AGREEMENT. B. Indemnity by ALAMEDA CTC. Neither RECIPIENT,nor its governing body, elected officials,any officer, consultant, agent, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by ALAMEDA CTC under or in connection with any work,authority or jurisdiction delegated to ALANIEDA CTC under this AGREEMENT. It is also understood and agreed,pursuant to Government Code Section 895.4,ALANIEDA CTC shall fully defend, indemnify,and hold harmless RECIPIENT,and its governing body, elected officials,all its officers,agents, and employees from any liability imposed on RECIPIENT for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by ALAMEDA CTC under or in connection with any work,authority or jurisdiction delegated to ALAMEDA CTC under this AGREEMENT. C. Jurisdiction and Venue: The laws of the State of California will govern the validity of this AGREEMENT,its interpretation and performance, and any other claims related to it. All legal actions arising out of this AGREEMENT shall be brought in a court of competent jurisdiction in Alameda County, California and the parties hereto hereby waive inconvenience of forum as an objection or defense to such venue. D. Attorneys' Fees: Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorneys' fees from the other party. E. Term: The term of this AGREEMENT shall be from April 1,2015 to June 30,2016,unless amended or a new Master Programs Funding Agreement is executed with RECIPIENT,whichever date is earlier. F. Severability: If any provision of this AGREEMENT is found by a court of competent jurisdiction or,if applicable,an arbitrator,to be unenforceable, such provision shall not affect the other provisions of the AGREEMENT,but such unenforceable provisions shall be deemed modified to the extent necessary to render it enforceable,preserving to the fullest extent permissible the intent of the parties set forth in this AGREEMENT. G. Modification: This AGREEMENT, and its Exhibits,as well as the referenced ALAMEDA CTC Implementation Guidelines,constitutes the entire AGREEMENT. This AGREEMENT may only be changed by a written amendment executed by both parties. Notwithstanding the foregoing,the Implementation Guidelines may be changed from time to time by ALANIEDA CTC. [Signatures on next page] 8 of 9 Alameda CTC Agreement No. A15-xxxx IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers as of the date first written below. City of Dublin (RECIPIENT) ALAMEDA COUNTY TRANSPORTATION COMMISSION (ALAMEDA CTC) By: By: Christopher L. Foss Date Arthur L. Dao Date City Manager Executive Director Recommended By: James O'Brien Date Interim Manager of Programming Approved as to Form and Legality Reviewed as to Budget/Financial Controls: By: By: John Bakker Date Patricia Reavey Date City Attorney Director of Finance and Administration Approved as to Legal Form: By: Wendel,Rosen,Black&Dean LLP Date Legal Counsel to ALAMEDA CTC 9 of 9 Alameda CTC Agreement No. A15-xxxx EXHIBIT A MEASURE BB DIRECT LOCAL DISTRIBUTION SUMMARY Recipient Investment Category-Program Recipient's Percentage of Measure BB Total AC Transit Paratransit-East Bay Paratransit Consortium 4.50% Transit: Operations,Maintenance and Safety Program 18.80% ACE Transit: Operations,Maintenance and Safety Program 1.00% Bicycle and Pedestrian Infrastructure&Safety Alameda Paratransit Local Streets and Roads Bicycle and Pedestrian Infrastructure&Safety Albany Paratransit Local Streets and Roads BART Paratransit-East Bay Paratransit Consortium 1.50% Transit: Operations,Maintenance and Safety Program 0.50% Bicycle and Pedestrian Infrastructure&Safety Berkeley Paratransit Local Streets and Roads Countv of Alameda Bicvcle and Pedestrian Infrastructure&Safety Local Streets and Roads Bicycle and Pedestrian Infrastructure&Safety Dublin Local Streets and Roads Bicycle and Pedestrian Infrastructure&Safety Emeryville Paratransit Local Streets and Roads Bicycle and Pedestrian Infrastructure&Safety Fremont Paratransit Local Streets and Roads Bicycle and Pedestrian Infrastructure&Safety Hai-ward Paratransit Local Streets and Roads LAVTA Paratransit Transit: Operations,Maintenance and Safety Program 0.50% Bicvcle and Pedestrian Infrastructure&Safety Livermore Local Streets and Roads Bicycle and Pedestrian Infrastructure&Safety Newark Paratransit Local Streets and Roads Bicycle and Pedestrian Infrastructure&Safety Oakland Paratransit Local Streets and Roads Piedmont Bicvcle and Pedestrian Infrastructure&Safety Local Streets and Roads Bicvcle and Pedestrian Infrastructure&Safety Pleasanton Paratransit Local Streets and Roads Bicycle and Pedestrian Infrastructure&Safety San Leandro Paratransit Local Streets and Roads Transit: Operations,Maintenance and Safety Program 0.25% Union City- Bicycle and Pedestrian Infrastructure&Safety Paratransit Local Streets and Roads WETA Transit: Operations,Maintenance and Safety Program 0.50% Note:1.Pursuant to Article ILA.2,RECIPIE_VT's percentage may change based upon current annual population and/or road mile projections. A-1 Alameda CTC Agreement No. A15-xxxx EXHIBIT B PLANNING AREAS FOR CITY AND LOCAL TRANSIT OPERATOR FUNDING (PARATRANSIT) Planning Area Description North County Cities of Alameda,Albany,Berkeley,Emeryville,Oakland, and Piedmont Central County' Cities of Hayward and San Leandro, and the unincorporated area of Castro Valley,as well as other unincorporated lands governed by Alameda County in the Central Area. South County Cities of Fremont,Newark,Union City,as well as Union City Transit. East Countyz Cities of Livermore,Dublin,and Pleasanton, and all unincorporated lands governed by Alameda County in the East Area,and LAVTA. Notes: 1.Funding for Livermore and Dublin will be assigned to LAVTA for their ADA-mandated paratransit program. 2.Funding will be assigned to Hayward to serve the unincorporated areas. B-1