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HomeMy WebLinkAbout4.07 ACTC Master Programs Funding Agreement STAFF REPORT CITY CLERK File #600-40 CITY COUNCIL DATE:April 19, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Approval of Alameda County Transportation Commission (Alameda CTC) Consolidated Master Programs Funding Agreement Prepared by Obaid Khan, Transportation and Operations Manager EXECUTIVE SUMMARY: On May 19, 2015, the City Council approved a Master Programs Funding Agreement (MPFA) with the Alameda CTC to receive Measure BB direct fund disbursements known as Direct Local Distribution (DLD). This MPFA had a sunset date of June 30, 2016 and was intended to be replaced with a new or amended MPFA. The City also has an existing MPFA for Measure B (the half-cent sales tax) and Measure F (the Vehicle Registration Fee, or VRF), and the Alameda CTC is requesting consolidating these two MPFAs into one agreement with a new sunset date of June 30, 2026. FINANCIAL IMPACT: Execution of the Master Programs Funding Agreement prior to June 30, 2016 will allow the City of Dublin to receive DLD funds through the Measure B, VRF, and Measure BB funding programs. It is estimated that Dublin will receive approximately $1.36 million per year in transportation funding through these programs. RECOMMENDATION: Resolution Staff recommends that the City Council adopt the Approving the Alameda County Transportation Commission Measure B, the VRF and Measure BB Master Programs Funding Agreement. Submitted By Reviewed By Public Works Director Assistant City Manager DESCRIPTION: On November 7, 2000, the voters of Alameda County approved the reauthorization of Measure B, and authorized Alameda County Transportation Improvement Authority (ACTIA) to administer the proceeds from a continued half-cent sales tax for various transportation projects and ITEM NO. 4.7 Page 1 of 2 programs. The duration of the Measure B sales tax is 20 years from the initial year of collection, which began April 1, 2002. Then on November 2, 2010, Alameda County voters approved the VRF Program, and authorized the Alameda County Congestion Management Agency (ACCMA) to administer the proceeds from a $10-per-year vehicle registration fee on each annual motor vehicle registration, or renewal of registration, in Alameda County, starting in May 2011. Funds raised by the VRF are required to be used exclusively for local transportation purposes in Alameda County that have a relationship or benefit to the owners of motor vehicles paying the VRF, as outlined in the VRF Expenditure Plan. On June 24, 2010, ACTIA and ACCMA took the final actions to create Alameda CTC, which has assumed the responsibilities of ACTIA and ACCMA, including duties related to the administration of Measure B and the VRF. On November 4, 2014, the voters of Alameda County approved Measure BB, authorizing Alameda CTC to administer the proceeds from the extension of the existing Measure B half-cent sales tax that is scheduled to terminate on March 31, 2022, and the augmentation of the sales tax by an additional half-cent. The duration of the Measure BB sales tax is 30 years and will expire on March 31, 2045. The tax proceeds will be used to pay for the investments outlined in Alameda County’s 30-Year Transportation Expenditure Plan (Measure BB Expenditure Plan), as it may be amended. The proposed MPFA delineates the requirements of the Measure B/Measure BB/VRF DLD funds that are directly allocated to local jurisdictions and transit operators, as authorized by the Measure B Expenditure Plan, the VRF Expenditure Plan, and the Measure BB Expenditure Plan. Discretionary funds identified in these expenditure plans are not the subject of this MPFA, and each jurisdiction will be required to enter into a separate agreement for those funds. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of this report was provided to the Alameda CTC Watchdog Committee members from the Tri-Valley Area. ATTACHMENTS: 1. Resolution Approving the Alameda County Transportation Commission Measure B, the VRF and Measure BB Master Programs Funding Agreement 2. Exhibit A to the Resolution - Master Programs Funding Agreement Page 2 of 2 RESOLUTION NO. ____ - 16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * APPROVING THE ALAMEDA COUNTY TRANSPORTATION COMMISSION MEASURE B, THE VRF AND MEASURE BB MASTER PROGRAMS FUNDING AGREEMENT WHEREAS, voters approved the 20-year Measure B half-cent transportation sales tax in 2000; and WHEREAS, voters approved Measure F, which authorizes a $10 Vehicle Registration Fee (VRF) in 2010; 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 dispersing Measure B, Measure BB, and VRF funds, known as Direct Local Distributions (DLD), to local jurisdictions by established formulas to support bicycle and pedestrian, local transportation (local streets and roads), transit and paratransit programs; and WHEREAS, the Alameda CTC developed a combined 10-year Measure B, Measure BB, and VRF Master Programs Funding Agreement (MPFA) that specifies the requirements for the DLD funds, Alameda CTC’s responsibilities, and the recipient’s responsibilities for revenues collected from July 1, 2016 through June 30, 2026; and WHEREAS, the combined 10-year MPFA supersedes the prior master agreements related to Measure B, Measure BB, and VRF DLD funds as of the effective date, July 1, 2016, of the combined MPFA; 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 attached hereto Dublin approves the MPFA as Exhibit A and authorizes the City Manager to execute it; affirms that the City of Dublin and its agents shall comply with the Alameda CTC MPFA; and affirms that City of Dublin shall use Measure B, Measure BB, and Vehicle Registration Fee DLD funds for local transportation projects and programs. th PASSED, APPROVED AND ADOPTED this 19 day of April 2016, by the following vote: Page 2 of 2 AYES : NOES : ABSENT : ABSTAIN : ______________________________ Mayor ATTEST : _________________________________ City Clerk Attachment: Exhibit A EXHIBIT A Alameda CTC Agreement No. A16-0055 MPFA ASTER ROGRAMS UNDING GREEMENT between the ACTC LAMEDA OUNTY RANSPORTATION OMMISSION and the CD ITY OF UBLIN This Master Programs Funding Agreement (“A”, effective the 1 of July 1, 2016, is st GREEMENT entered into by and between the Alameda County Transportation Commission (“ACTC”) and the LAMEDA City of Dublin (“R”). ECIPIENT RECITALS A. On November 7, 2000, 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. (the “Act”), approved the reauthorization of Measure B, thereby authorizing Alameda County Transportation Improvement Authority (“ACTIA”) to administer the proceeds from a continued one-half cent transaction and use tax (“Measure B”). B. The duration of the Measure B sales tax will be 20 years from the initial year of collection, which began April 1, 2002, with said tax to terminate/expire on March 31, 2022. The tax proceeds will be used to pay for the programs and projects outlined in Alameda County’s 20-Year Transportation Expenditure Plan (the “Measure B Expenditure Plan”), as it may be amended. C. The Measure B Expenditure Plan authorizes the issuance of bonds to expedite delivery of transportation projects and programs. Costs associated with bonding will be borne only by the capital projects included in the Measure B Expenditure Plan and by any programs included in the Measure B Expenditure Plan that utilize the bond proceeds. D. On November 2, 2010, the voters of Alameda County approved Measure F, the Vehicle Registration Fee (“VRF”) Program, pursuant to Section 65089.20 of the Government Code, thereby authorizing the Alameda County Congestion Management Agency (“ACCMA”) to administer the proceeds from a $10 per year vehicle registration fee on each annual motor-vehicle registration or renewal of registration in Alameda County, starting in May 2011, six months following approval of Measure F. Vehicles subject to the VRF include all motorized vehicles, including passenger cars, light-duty trucks, medium-duty trucks, heavy-duty trucks, buses of all sizes, motorcycles, and motorized camper homes, unless vehicles are expressly exempted from the payment of the VRF. E. Funds raised by the VRF will be used exclusively for local transportation purposes in Alameda County that have a relationship or benefit to the owners of motor vehicles paying the VRF, including projects and programs identified in the expenditure plan approved by the voters as part of Measure F (the “VRF Expenditure Plan”). F. On June 24, 2010, ACTIA and ACCMA took the final actions to create ACTC, LAMEDA which has assumed the responsibilities of ACTIA and ACCMA, including duties related to Measure B and the VRF. Page 1 of 16 EXHIBIT A Alameda CTC Agreement No. A16-0055 G. On November 4, 2014, the voters of Alameda County, pursuant to the Act, approved Measure BB, thereby authorizing ACTC to administer the proceeds from the extension of the LAMEDA existing Measure B one-half of one percent transaction that is scheduled to terminate on March 31, 2022, and the augmentation of the tax by one-half of one percent. H. The duration of the Measure BB sales 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 Alameda County’s 30-Year Transportation Expenditure Plan (“Measure BB Expenditure Plan”), as it may be amended. I. This delineates the requirements of the Measure B/Measure BB/VRF Direct A GREEMENT Local Distribution (“DLD”) funds that are directly allocated to local jurisdictions and transit operators, as authorized by the Measure B Expenditure Plan, the VRF Expenditure Plan, and the Measure BB Expenditure Plan. Discretionary funds identified in these expenditure plans are not the subject of this and A, GREEMENT R will be required to enter into a separate agreement for those funds. ECIPIENT J. This was originally approved by the governing body of the ACTC on A LAMEDA GREEMENT February 25, 2016. NOW, THEREFORE, it is mutually agreed by and between the parties as follows: AI:FA RTICLE UNDING LLOCATIONS 1. This A authorizes the ACTC to allocate the DLD funds derived from GREEMENTLAMEDA Measure B, Measure BB, and VRF receipts as described in their respective voter-approved expenditure plans and as summarized in Table A: DLD Investment Summary and described below for different fund types. Table A: DLD Investment Summary DLD Program Fund Program Bicycle and Pedestrian Program Measure B and Measure BB Local Streets and Roads Program Measure B, Measure BB, and VRF Mass Transit Program Measure B and Measure BB Paratransit Program Measure B and Measure BB 2. All DLD distributions pursuant to this A shall be effective as of July 1, 2016. GREEMENT A. BPP ICYCLE AND EDESTRIAN ROGRAM 1.ACTC will distribute Measure B and Measure BB DLD funds pursuant to a LAMEDA formula weighted 100 percent by the jurisdiction’s population within the subarea. R’s allocations ECIPIENT are subject to change based on variations in annual population figures. Page 2 of 16 EXHIBIT A Alameda CTC Agreement No. A16-0055 2.The Bicycle and Pedestrian Program Implementation Guidelines provide program eligibility and fund usage guidelines, definitions, additional requirements, and guideline adoption details. Said guidelines are hereby incorporated into this A by reference. GREEMENT B. LSR(LT)P OCAL TREETS AND OADS OCAL RANSPORTATION ROGRAM 1.ACTCwill distribute Measure B and Measure BB DLD funds pursuant to a LAMEDA formula weighted 50 percent by the jurisdiction’s population within the subarea and 50 percent by the number of road miles with the subarea. R’s allocations are subject to change based on variations in ECIPIENT annual population and road mile figures. 2.ACTC will distribute VRF DLD funds pursuant to a formula weighted 50 percent LAMEDA by the jurisdiction’s population within the subarea and 50 percent of the number of registered vehicles in the subarea. R’s allocations are subject to change based on variations in annual population and number ECIPIENT of registered vehicle figures, as they are made available. 3.The Local Streets and Roads Program Implementation Guidelines provide, program eligibility and fund usage guidelines, definitions, additional requirements, and guideline adoption details. Said guidelines are hereby incorporated into this A by reference. GREEMENT 4.R shall expend a minimum of 15 percent of all Measure BB funds received on ECIPIENT project elements directly benefiting bicyclists and pedestrians. C. MTP ASS RANSIT ROGRAM 1.ACTC will distribute Measure B and Measure BB DLD funds pursuant to set LAMEDA percentages detailed in the Measure B Expenditure Plan and the Measure BB Expenditure Plan. R’s ECIPIENT percentage fund distribution, if applicable, is detailed in the Measure B and Measure BB Mass Transit Direct Local Distribution Summary, attached hereto as Exhibit A and incorporated into this A by GREEMENT reference. R’s allocations are subject to change based on transit service changes. ECIPIENT 2.The Mass Transit Program Implementation Guidelines provide program eligibility and fund usage guidelines, definitions, additional requirements, and guideline adoption details. Said guidelines are hereby incorporated into this A by reference. GREEMENT D. PP ARATRANSIT ROGRAM 1.ACTC will distribute Measure B and Measure BB DLD funds by subarea pursuant LAMEDA to percentages in the Measure B Expenditure Plan, and the Measure BB Expenditure Plan. R’s ECIPIENT percentage fund distribution by subarea, if applicable, attached hereto as Exhibit B and incorporated into this A by reference. GREEMENT Page 3 of 16 EXHIBIT A Alameda CTC Agreement No. A16-0055 a. Measure BB distributions to cities and local transit operators are based on a percentage of the population over age 70 in each of the four planning areas for city-based and mandated paratransit services of local bus transit providers. b. ACTC will distribute Measure BB to the East Bay Paratransit LAMEDA Consortium pursuant to set percentages in the Measure BB Expenditure Plan to assist the Alameda-Contra Costa Transit District and the San Francisco Bay Area Rapid Transit in meeting its responsibilities under the American with Disabilities Act (ADA). c. Measure B and BB DLD funds may be further distributed to individual cities within each planning area based on a formula refined by PAPCO, and approved by the ACTC LAMEDA Commission (the “Commission”). R’s allocations are subject to change based on updated annual ECIPIENT population figures. 2.The 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 A by reference. GREEMENT AII:PE RTICLE AYMENTS AND XPENDITURES A. ACTC’DO LAMEDA S UTIES AND BLIGATIONS 1.Within five working days of actual receipt of the monthly Measure B and Measure BB sales tax revenues and VRF revenues from the State Board of Equalization (“BOE”), the bond trustee or the California Department of Motor Vehicles, Alameda CTC shall remit to the R its designated amount ECIPIENT of available DLD funds disbursed on a monthly basis by the formulas described above. 2.ACTC shall annually update the Measure B, Measure BB, and VRF fund revenue LAMEDA projections and the resulting fund allocation formulas to reflect the most current population using the California Department of Finance’s annual population estimates (Report E-1 published in May); maintained road mileage from the California Department of Transportation; and the number of registered vehicles in each Alameda County subarea, using registered vehicle data provided by the California Department of Motor Vehicles, as it is made available. ACTC shall use the updated Measure B, Measure BB, and VRF LAMEDA program allocation formulas in the allocations beginning July 1 of each new fiscal year, which is from July 1 to June 30. 3.ACTC shall report monthly to the public the amount of Measure B, Measure BB, LAMEDA and VRF revenues distributed to R by each fund type monthly and for the fiscal year. ECIPIENT 4.ACTC shall provide for an independent annual audit of its financial statements LAMEDA including revenues and expenditures and also of its calculation of the allocation formula for distributing Measure B, Measure BB, and VRF revenues to various recipients and render an annual report to the ACTC Commission within 180 days following the close of the fiscal year. LAMEDA Page 4 of 16 EXHIBIT A Alameda CTC Agreement No. A16-0055 5.ACTC shall provide timely notice to R prior to conducting an audit of LAMEDA ECIPIENT expenditures made by R to determine whether such expenditures are in compliance with this ECIPIENT A, the Measure B Expenditure Plan, the Measure BB Expenditure Plan, or the VRF Expenditure GREEMENT Plan. B. R’DO ECIPIENTS UTIES AND BLIGATIONS 1.R shall expend all Measure B, Measure BB, and VRF funds received in compliance ECIPIENT with the applicable guidelines and Plan(s), including the Implementation Guidelines and performance measures, as they may be adopted or amended by ACTC from time to time. LAMEDA 2.R shall set up and maintain an appropriate system of accounts to report on ECIPIENT Measure B, Measure BB, and VRF funds received. R must account for Measure B, Measure BB, and ECIPIENT VRF funds, including any interest received or accrued, separately for each fund type, and from any other funds received from the ACTC. The accounting system shall provide adequate internal controls and LAMEDA audit trails to facilitate an annual compliance audit for each fund type and the respective usage and application of said funds. ACTC and its representatives, agents and nominees shall have the absolute right at LAMEDA any reasonable time to inspect and copy any accounting records related to such funds, except to the extent specifically prohibited by applicable law. 3.R shall expend Measure B, Measure BB, and VRF funds in compliance with the ECIPIENT Timely Use of Funds Policies for Direct Local Distributions, as approved by the Commission, and as they may be adopted or amended by ACTC from time to time. LAMEDA 4.R hereby agrees to and accepts the formulas used in the allocation of Measure B, ECIPIENT Measure BB, and VRF revenues as reflected in the ballot measures, the Measure B Expenditure Plan, the Measure BB Expenditure Plan, and the VRF Expenditure Plan, and agrees to accept and utilize the California Department of Finance Estimates of Population figures (Report E-1, updated each May) for California cities and counties for the annual update of the sales tax allocation formulas to begin in each new fiscal year and registered vehicle data provided by the California Department of Motor Vehicles when available. C. OER THER XPENDITURE ESTRICTIONS 1. Transportation Purposes Only: R shall use all Measure B, Measure BB, and VRF ECIPIENT funds solely for transportation purposes as defined by the authorizing ballot measures. Any jurisdiction that violates this provision must fully reimburse all misspent funds, including all interest which would have been earned thereon. 2. Non-Substitution of Funds: R shall use Measure B and Measure BB funds, ECIPIENT pursuant to the Act, and VRF funds to supplement and not replace existing property taxes used for transportation purposes. Page 5 of 16 EXHIBIT A Alameda CTC Agreement No. A16-0055 3. Fund Exchange: Any fund exchanges made using Measure B, Measure BB, or VRF funds must be made for transportation purposes. ACTC will consider exchange proposals on a case-by- LAMEDA case basis. 4. Staff Cost Limitations: Direct costs associated with the delivery of programs and projects associated with Measure B, Measure BB, and VRF programs, including direct staff costs and consultant costs, are eligible uses of Measure B, Measure BB, and VRF funds. ACTC does not allow indirect costs, LAMEDA unless the R submits an independently audited/approved Indirect Cost Allocation Plan. ECIPIENT AIII:RR RTICLE EPORTING EQUIREMENTS A. RW EQUIREMENTS AND ITHHOLDING Rshall comply with each of the reporting requirements set forth below. If Rfails ECIPIENT ECIPIENT to comply with one or more of these requirements, ACTC may withhold payment of further LAMEDA Measure B, Measure BB, and/or VRF funds to R until full compliance is achieved. ECIPIENT 1.R shall, by December 31st of each year, submit to ACTC, at the ECIPIENTLAMEDA R’s expense, separate independently audited financial statements for the prior fiscal year ended June ECIPIENT 30 of Measure B, Measure BB, and VRF funds received and used. 2.R shall, by December 31st of each year, submit to ACTC, at the ECIPIENTLAMEDA R’s expense, annual program compliance reports (covering the prior fiscal year) regarding programs ECIPIENT and projects on which R expended Measure B, Measure BB, and VRF funds. ECIPIENT 3.R shall document expenditure activities and report on the performance of Measure ECIPIENT B, Measure BB, and VRF funded activities through the annual program compliance reporting process, or through other ACTC performance and reporting processes as they may be requested, including but LAMEDA not limited to the annual performance report, annual program plan, planning monitoring reports. Program Performance Measures are attached hereto as Exhibit C. 4.R shall install or mount signage adjacent to Measure B, Measure BB, and VRF ECIPIENT funded construction projects and on vehicles funded with Measure B, Measure BB, and VRF funds (e.g., R and ACTC logos; “Your Transportation Tax Dollars Help Fund the Operation of This ECIPIENTLAMEDA Vehicle!”) where practical, so Alameda County taxpayers are informed as to how Ris using Measure ECIPIENT B, Measure BB, and/or VRF funds. 5.R shall provide current and accurate information on R’s website, to ECIPIENTECIPIENT inform the public about how R is using Measure B, Measure BB, and/or VRF funds. ECIPIENT 6.R shall, at least annually, publish an article highlighting a project or program ECIPIENT funded by Measure B, Measure BB, and/or VRF funds. 7.R shall actively participate in a Public Awareness Program, in partnership with ECIPIENT ACTC and/or its community advisory committees, as a means of ensuring that the public has access LAMEDA Page 6 of 16 EXHIBIT A Alameda CTC Agreement No. A16-0055 to the ability to know which projects and programs are funded through Measure B, Measure BB, and/or VRF funds. 8.R shall make its administrative officer or designated staff available upon request to ECIPIENT render a report or answer any and all inquiries in regard to R’s receipt, usage, and/or compliance ECIPIENT audit findings regarding Measure B, Measure BB, and/or VRF funds before the Commission and/or the Independent Watchdog Committee or community advisory committees, as applicable. 9.Ragrees that ACTC may review and/or evaluate all project(s) or ECIPIENT LAMEDA program(s) funded pursuant to this A.This may include visits by representatives, agents or GREEMENT nominees of ACTC to observe R’s project or program operations, to review project or LAMEDA ECIPIENT program data and financial records, and to discuss the project with R’s staff or governing board. ECIPIENT AIV:OP RTICLE THER ROVISIONS A. GB EOGRAPHIC REAKDOWN In all cases the geographic breakdown by subarea is as follows: 1.North Area refers to the Cities of Alameda, Albany, Berkeley, Emeryville, Oakland, and Piedmont. 2.Central Area includes the 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. 3.South Area includes the Cities of Fremont, Newark, and Union City. 4.East Area includes the Cities of Livermore, Dublin, and Pleasanton, and all unincorporated lands governed by Alameda County in the East Area. B. IR NDEMNITY BY ECIPIENT Neither ACTC, nor its governing body, elected officials, any officer, consultant, agent, or LAMEDA employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done byRin connection with the Measure B, Measure BB, or VRF funds distributed ECIPIENT to Rpursuant to this A. It is also understood and agreed, pursuant to Government ECIPIENT GREEMENT Code Section 895.4, R shall fully defend, indemnify and hold harmless ACTC, its ECIPIENTLAMEDA governing body, and all its officers, agents, and employees, from any liability imposed on ACTCfor LAMEDA injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by R in connection with the Measure B, Measure BB, or VRF funds distributed to R ECIPIENTECIPIENT pursuant to this A. GREEMENT C. IACTC NDEMNITY BY LAMEDA Neither R, nor its governing body, elected officials, any officer, consultant, agent, or ECIPIENT employee thereof shall be responsible for any damage or liability occurring by reason of anything done or Page 7 of 16 EXHIBIT A Alameda CTC Agreement No. A16-0055 omitted to be done by ACTCunder or in connection with any work, authority or jurisdiction LAMEDA delegated to ACTCunder this A. It is also understood and agreed, pursuant to LAMEDA GREEMENT Government Code Section 895.4, Alameda CTC shall fully defend, indemnify, and hold harmless R, ECIPIENT and its governing body, elected officials, all its officers, agents, and employees from any liability imposed on R for injury (as defined in Government Code Section 810.8) occurring by reason of anything done ECIPIENT or omitted to be done by ACTCunder or in connection with any work, authority or jurisdiction LAMEDA delegated to ACTCunder this A. LAMEDA GREEMENT D. JV URISDICTION AND ENUE The laws of the State of California will govern the validity of this A, its interpretation GREEMENT and performance, and any other claims to which it relates. All legal actions arising out of this A GREEMENT 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. E. A’F TTORNEYS EES Should it become necessary to enforce the terms of this A, the prevailing party shall be GREEMENT entitled to recover reasonable expenses and attorneys’ fees from the other party. F. T ERM The term of this A shall be from July 1, 2016 to June 30, 2026, unless amended in writing GREEMENT or a new Master Programs Funding Agreement is executed between ACTCand R. LAMEDA ECIPIENT G. S EVERABILITY If any provision of this Ais found by a court of competent jurisdiction or, if applicable, GREEMENT an arbitrator, to be unenforceable, such provision shall not affect the other provisions of the A, GREEMENT 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 A. GREEMENT H. M ODIFICATION This A, and its Exhibits, as well as the referenced Implementation Guidelines, constitutes GREEMENT the entire A, supersedes all prior written or oral understandings regarding Measure B, Measure GREEMENT BB, and VRF program funds (but not project funding agreements), including but not limited to A LAMEDA CTCMeasure B/BB/VRF Master Programs Funding Agreements, which former agreements are terminated as of the effective date hereof. This A may only be changed by a written amendment executed by GREEMENT both parties. Notwithstanding the foregoing, the Implementation Guidelines, Performance Measures, and Timely Use of Funds Policies related to Measure B, Measure BB, and VRF funds may be changed from time to time by the ACTC. LAMEDA [Signatures on next page] Page 8 of 16 EXHIBIT A Alameda CTC Agreement No. A16-0055 IWW, the parties have executed this A by their duly authorized N ITNESS HEREOFGREEMENT officers as of the date first written below. CD(R) ACT ITY OF UBLIN ECIPIENTLAMEDA OUNTY RANSPORTATION C(ACTC) OMMISSION LAMEDA By: By: Christopher L. Foss Date Arthur L. Dao Date City Manager Executive Director Approved as to Form and Legality: Recommended: By: By: John Bakker Date Deputy Director of Date City Attorney Programming and Projects Reviewed as to Budget/Financial Controls: By: Patricia Reavey Date Director of Finance and Administration Approved as to Legal Form: By: Wendel, Rosen, Black & Dean LLP Date Legal Counsel to A CTC LAMEDA Page 9 of 16 EXHIBIT A Alameda CTC Agreement No. A16-0055 EXHIBIT A MEASURE B AND MEASURE BB MASS TRANSIT DIRECT LOCAL DISTRIBUTION SUMMARY Alameda CTC distributes Measure B and Measure BB Mass Transit Direct Local Distribution funds based on the distribution percentages for net Measure B and Measure BB Revenues specified in the Measure B Expenditure Plan and Measure BB Expenditure Plan, as shown below. Table 1: Measure B Percentage of Agency Area Net Revenues AC Transit North County 9.48% AC Transit Central County 4.74% AC Transit South County 1.61% AC Transit Welfare to Work North County 1.24% AC Transit Welfare to Work Central County 0.22% LAVTA East County 0.69% Union City Transit South County 0.34% ACE East/South County 2.12% SF WETA Alameda County 0.78% Table 2: Measure BB Percentage of Agency Area Net Revenues AC Transit Alameda County 18.80 % ACE East/South County 1.00 % BART Alameda County 0.50 % LAVTA East County 0.50 % Union City Transit South County 0.25 % SF WETA Alameda County 0.50 % Countywide Local and Feeder Bus Service: Provides funding for countywide local and feeder bus service in every region of the county to link neighborhoods and commuters to BART, rail, and express bus connections throughout the county. Welfare to Work programs dedicate 1.46 percent of overall Measure B net sales tax revenues to enhancing transportation opportunities for persons making the transition from welfare to work. Other Mass Transit Programs: Provides funding to San Francisco Water Emergency Transportation Authority (WETA) Transbay Ferry Service to expand transbay ferry service from Alameda. Provides funding to Altamont Commuter Express (ACE) for capital and operating costs for operations in South and East Alameda County. Transit Operations: Provides funding to transit operators for maintenance of transit service, restoration of service cuts, expansion of transit service, and passenger safety and security. The transit operators will determine the priorities for these funds through public processes and will submit an annual audit to Alameda CTC. AC Transit agrees to allocate 1.46 percent of overall net Measure B sales tax receipts to enhancing transportation opportunities for persons making the transition from welfare to work. These "welfare to work" funds can be used by AC Transit for service restoration and expansion or implementation of improved bus Page 10 of 16 EXHIBIT A Alameda CTC Agreement No. A16-0055 service to facilitate travel to and from work. AC Transit will prioritize the restoration and development of new service to meet the employment-related transit needs of low-income residents in northern and central Alameda County. Additionally, these funds may be used, at the determination of AC Transit, to provide subsidies of regular bus fares for individuals living in northern and central Alameda County who are transferring from welfare to work as well as those who are economically disadvantaged. In the event that sufficient funds are otherwise available to AC Transit to meet these needs then "welfare to work" funds can be used for other general passenger service purposes in northern and central Alameda County. AC Transit will work together with and actively seek input from bus riders, business leaders, mayors and other elected officials in San Leandro, Hayward, and the unincorporated areas in Central Alameda County to ensure that the additional transit funds in Central County are used for bus improvements such as night, weekend, and more frequent service, connections to residential growth areas, and access to major employment centers, including enhancement of east-west corridors. AC Transit will continue to provide transit service similar to the Department of Labor-funded shuttle to and from job sites in East and West Oakland, as needed. AC Transit, Alameda County, the City of Oakland, the Port of Oakland and other entities will look for additional money from outside sources to fund the service. If needed, Measure B funds may be used. Page 11 of 16 EXHIBIT A Alameda CTC Agreement No. A16-0055 EXHIBIT B MEASURE B AND MEASURE BB PARATRANSIT DIRECT LOCAL DISTRIBUTION SUMMARY Alameda CTC distributes Measure B and Measure BB paratransit funds to County subareas/planning areas and to AC Transit and BART based on the distribution percentages in the Measure B Expenditure Plan and the Measure BB Expenditure Plan, as shown below. Distributions to jurisdictions for non-mandated services within each subarea are based on allocation formulas refined by Paratransit Advisory and Planning Committee (PAPCO) and approved by the Commission. Table 1: Measure B Area/Agency Measure B Percentage 1 North County 1.24% (non-mandated) Cities of Alameda, Albany, Berkeley, Emeryville, and Oakland Central County 0.88% (non-mandated) Cities of Hayward and San Leandro East County 0.21% (non-mandated) LAVTA and City of Pleasanton South County 1.06% (non-mandated) Cities of Fremont, Newark, and Union City North County4.53% (ADA-mandated) 2 AC Transit and BART Central County1.10% (ADA-mandated) 2 AC Transit and BART 1. Percentage of Measure B funds required to be distributed to each area in the County. Funding for special transportation for seniors and people with disabilities is provided for services mandated by the ADA to fixed- route public transit operators who are required to provide that service. Funds for the South County are allocated between mandated and non-mandated programs on an annual basis by the cities in that part of the County. 2. Americans with Disabilities Act (ADA) mandated services are allocated to AC Transit and BART according to the percentages included in the Expenditure Plan. Table 2: Measure BB Area/Agency Percentage 1 City-based and Locally Mandated 3.0% North County Cities of Alameda, Albany, Berkeley, Emeryville, and Oakland Central County 2 Cities of Hayward and San Leandro, and 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 County 3 Cities of Livermore, Dublin, and Pleasanton, and unincorporated lands governed by Alameda County in the East Area, and LAVTA. AC Transit - East Bay Paratransit 4.5% 4 BART- East Bay Paratransit 1.5% 4 1. Funds are distributed based on the percentage of the population over age 70 in each of the four planning areas for city-based and mandated paratransit services. Funds can be further allocated to individual cities within each planning area based on a formula refined by PAPCO. 2.Funding will be assigned to Hayward to serve the unincorporated areas. 3.Funding for Livermore and Dublin will be assigned to LAVTA for their ADA-mandated paratransit program. 4.Measure BB funds are dispersed to AC Transit and BART to operate the East Bay Paratransit Consortium. Page 12 of 16 EXHIBIT A Alameda CTC Agreement No. A16-0055 EXHIBIT C PERFORMANCE MEASURE SUMMARY Direct Local Distribution recipients are to document the performance and benefits of the projects and programs funded with Measure B, Measure BB, and/or Vehicle Registration Fee funds. The following performance measures are a selection of performance standards that must be documented at minimum by the recipients, as applicable. Additional performance measures may be requested by the Alameda CTC. Performance reporting will be done through Alameda CTC’s reporting processes including the annual program compliance reports, annual performance report, and various planning activities, as they are requested and applicable. Performance will be evaluated periodically through the aforementioned evaluation reports to determine the effectiveness of investments and to inform future investment decisions. BICYCLE AND PEDESTRIAN PROGRAM PERFORMANCE MEASURES Performance Measure Performance Metric and Evaluation Corrective Action Potential Standard Horizon & Improvements to Method Correct Deficiency Current Master Plans Plan(s) no more than 5 years Annually via Any agency without a - Schedule for Maintain a current old, based on adoption date. Compliance current plan is required update Bicycle/Pedestrian Master Plan Report to explain and provide (BPMP) that features required anticipated schedule core elements and funding to achieve plan update. Infrastructure Investment - Bikeway projects Annually via N/A; Report on N/A -Number of linear feet or lane completed by roadway Compliance investments miles of bicycle facilities built segment and facility type Report or maintained (bike lanes, bike routes, multi-use pathways) -Number of pedestrian -Pedestrian projects projects completed completed by category (linear feet of sidewalks, (or categories) of number of crossing improvement; increased improvements, quantify quantity of specific traffic calming items, improvements i.e. lighting, crossing improvements, landscaping/streetscape, striping, signage, curb number of curb/ADA ramps, pathways. ramps, linear feet of trail/pathway built or maintained) Capital Project and Program Investment into capital Annually via Any agency expending N/A Investment projects and programs is Compliance less on capital Amount expended on capital greater than funding program Report investments compared projects and programs by phase administration (outreach, to other activities must (design, row, con and capital staffing, administrative explain how capital support) support) investments will be addressed in subsequent years Page 13 of 16 EXHIBIT A Alameda CTC Agreement No. A16-0055 EXHIBIT C (cont.) LOCAL TRANSPORTATION PROGRAM (Local Streets and Roads) PERFORMANCE MEASURES Performance Measure Performance Metric and Evaluation Corrective Action Potential Standard Horizon & Improvements to Method Correct Deficiency Pavement State of Repair Maintain a city-wide average Annually via Any agency falling Develop corrective Pavement Condition Index of Performance under 60 PCI must actions 60 (Fair Condition) or above Report provide an explanation and/or Track PCI reported based on identify corrective regional data: action will need to http://www.mtc.ca.gov/news/sincrease PCI to treet_fight/ target levels Complete Streets - Maintain a 15% annual Annually via Fund expenditures: N/A Implementation minimum LSR investment Compliance Any agency not -Expenditure of LSR funds on to support bicycling and Report achieving the target bicycle and pedestrian walking percentage must projects elements (for explain or identify Measure BB funds only) future plan. -Number of exceptions to -Number of projects where Policy exceptions: adopted local complete accommodation for all N/A streets policies issued users and modes of transportation not included Capital Project and Program Investment into capital projects Annually via Any agency Develop corrective Investment and programs is greater than Compliance expending less on actions Amount expended on capital funding program administration Report capital investments projects and programs by phase (outreach, staffing, compared to other (design, row, con and capital administrative support) activities must support) and by key corridors explain how capital investments will increase in the subsequent years Corridor-level Vehicle Speed Speed and reliability trends Bi-annually Any agency that Develop corrective and Reliability should maintain or improve if via Alameda shows worsening actions Historic trend of vehicle speed and corridor had Capital or CTC’s (LOS) speed or reliability reliability (V/C) during AM/PM Operational investments since Report trend after peak hours on key corridors with the last Alameda CTC’s Level of improvements must Capital or Operational Service (LOS) Reporting period. provide an Investments explanation and identify corrective steps. Page 14 of 16 EXHIBIT A Alameda CTC Agreement No. A16-0055 EXHIBIT C (cont.) MASS TRANSIT PROGRAM PERFORMANCE MEASURES Performance Measure Performance Metric and Evaluation Corrective Action Potential Standard Horizon Improvements to and Method Correct Deficiency Ridership/Service Utilization Change in annual ridership and Annually via N/A N/A passenger trips per revenue vehicle Performance -Annual Ridership hour/mile and qualitative Report - Passenger trips per revenue explanation for possible reasons vehicle hour/mile On-time Performance: System - Average on-time Annually via Any agency not Through the performance based upon the Performance meeting this target deficiency plan, wide Average and Key Trunk mode of transit with a target Report must prepare a identify any Lines of 75% to 90% or based on deficiency plan with corrective actions, On time performance of transit the transit agency’s adopted short- and long-term responsibilities, and system performance goals and actions to correct, and funding standards explain what would be opportunities to -Agencies are expected to required to provide improve system maintain or increase on-time this level of service. performance. performance annually The deficiency plan should include the involvement of agencies that have jurisdiction over areas that may be impacting transit performance, where applicable. Travel Time Average speeds at least 50 percent Bi-annually via Any agency not Through the of prevailing auto speed or Alameda meeting this target deficiency plan, Speed and reliability (peak vs non- maintain or increase speed annually CTC’s LOS must prepare a identify any peak) of key trunk lines (bus operators Monitoring deficiency plan with corrective actions, only) Report short- and long-term responsibilities, and actions to correct, and funding explain what would be opportunities to required to provide improve system this level of service. performance. The deficiency plan should include the involvement of agencies that have jurisdiction over areas that may be impacting transit performance, where applicable. Cost Effectiveness Maintain operating cost per Annually via Any agency with N/A passenger or per revenue vehicle Performance significant increase in - Operating Cost per Passenger hour/mile; percentage increase less Report costs must provide an - Operating Cost per Revenue Vehicle than or equal to inflation as explanation Hour/Mile measured by CPI Transit Fleet State of Good - Maintain or increase average Annually via Any agency not N/A distance between break Performance meeting expected Repair downs or road calls Report performance must - Distance between -Maintain or reduce the provide an breakdowns/service number of missed trips explanation interruptions - Missed trips - Miles between road-calls Service Provision - Annually via Any agency not N/A 15 minute or better performance meeting expected frequencies on major - Frequency and service span on report performance must corridors or trunk lines: 10 major corridors or trunk lines provide an minute or better frequencies - Revenue hours explanation and a during weekday peak periods - Revenue miles description of how - Service span of 7 days/week, service provision will 20 hours per day be met in the future - Maintain or increase revenue hours/miles Page 15 of 16 EXHIBIT A Alameda CTC Agreement No. A16-0055 EXHIBIT C (cont.) PARATRANSIT PROGRAM PERFORMANCE MEASURES Performance Measure Performance Metric and Evaluation Corrective Action Potential Standard Horizon and Improvements to Method Correct Deficiency Service Operations and Track number of individuals served Annually via N/A; Report on N/A Provisions by program. Compliance ridership or service Number of people served or -Report and data. Service types such as ADA trips provided Program Plan mandated paratransit, door- Review to-door service, taxi programs, accessible van service, shuttle service, group trips, travel training, meal delivery Cost Effectiveness Maintain cost per trip or per Annually via Any agency with Develop corrective Cost per Trip or passengers Compliance significant increase actions Cost per Passenger -Report and in costs must Service types such as ADA Program Plan provide an mandated paratransit, door- Total Measure B/BB program Review explanation to-door service, taxi cost per one-way passenger trip programs, accessible van divided by total trips or total service, shuttle service, group passengers during period. trips Note: The Paratransit Program Implementation Guidelines contains additional listing of performance measures by program type. Page 16 of 16