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MEASURE C EXTENSION LITTER ABATEMENT PROGRAM
CITY OF FRESNO
This Agreement is made and entered into, effective as of the _________________ (“Effective Date”), by and between the City of Fresno (hereinafter “ GRANTEE”) and the Fresno County Transportation Authority (hereinafter “AUTHORITY”), a body politic duly organized and existing under the Constitution and the laws of the State of California.
RECITALS
WHEREAS, revenues from the 1987 Original Measure C and the 2007 Measure C Extension one-half cent sales and use tax ( collectively referred to hereinafter as “ MEASURE C” ) included funding for projects of Regional significance on and off the State Highway System; and WHEREAS, these Regional projects have significantly improved transportation and mobility within the Urban and Rural areas of Fresno County; and
WHEREAS, the State of California, through its Department of Transportation (CALTRANS) is the owner and operator of the State Highway System (SHS), including those portions partially or fully funded by MEASURE C; and
WHEREAS, State funding for Operations and Maintenance of the SHS within Fresno County has not kept pace with the growth of the SHS within the County; and WHEREAS, lack of adequate resources for Operations and Maintenance of the SHS has resulted in Caltrans being unable to maintain the appearance and condition of the SHS roadsides in regards to litter and weed control; and
WHEREAS, the AUTHORITY, CALTRANS, and the GRANTEE desire to dedicate additional resources to improve the appearance of the SHS roadsides within GRANTEE ’s jurisdiction; and
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WHEREAS, The AUTHORITY adopted Expenditure Plan Amendment No. 5 in order to implement a pilot program to determine the feasibility and effectiveness of partnering with CALTRANS on enhanced roadside maintenance activities, specifically litter removal and control (hereinafter referred to as the Litter Abatement Program or LAP); and WHEREAS, Amendment No. 5 provided up to $125,000 in Regional Measure C funding per year for two years to provide matching funds to enhance litter abatement activities; and WHEREAS, Amendment No. 5 required participating agencies to match MEASURE C funding for LAP activities within their jurisdiction on a dollar-for-dollar basis; and WHEREAS, CALTRANS has agreed to match the Measure C and Local Agency funding for LAP on a dollar-for-dollar basis (up to a maximum of $250,000 per year) resulting in an overall total of $500,000 available to eligible local agencies for eligible LAP activities; and WHEREAS, in August 2019, AUTHORITY entered into an agreement with GRANTEE pursuant to the Authority’s Expenditure Plan Amendment NO. 5, up to $100,000 in Measure C LAP funding; and
WHEREAS, the agreement AUTHORITY received an application f rom the GRANTEE requesting $100,000 in MEASURE C LAP funding to be matched by $100,000 in Local Agency funding and in-lieu services, and $200,000 in CALTRANS funding; and WHEREAS, the GRANTEE performed services and fully utilized the funding made available.
WHEREAS, AUTHORITY agrees that the LAP program has proven effective; and WHEREAS, to date, GRANTEE has removed o ver 339 tons of litter from these state highways as a part of this program; and
WHEREAS, the previous Agreement between GRANTEE and AUTHORITY expired on August 31, 2022; and
WHEREAS, the AUTHORITY believes continuing this program with the GRANTEE for an additional 3 years is the best way to boost the effectiveness of the pilot program; and
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WHEREAS, the GRANTEE wishes to continue LAP an additional three years; and WHEREAS, the GRANTEE submitted a funding request the AUTHORITY for an additional $300,000 in funding for the next three years of the LAP pilot, which is to be matched by an additional $300,000 for the next three years in Local Agency funding and in- lieu services, and an additional $600,000 for the next three years in Caltrans funding.
NOW, THEREFORE, the AUTHORITY and GRANTEE agree as follows:
1. PROGRAM
A. The purpose of this Agreement is to provide GRANTEE , pursuant to the Authority’s Expenditure Plan Amendment No. 5, an additional $300,000 in Measure C LAP funding. The term of the Agreement will be effective as of the date of execution of this Agreement through August 31, 2027.
B. GRANTEE will be responsible for entering into a separate agreement with CALTRANS that will allow the GRANTEE to perform LAP activities within the SHS, and will provide for direct reimbursement from CALTRANS to the GRANTEE for actual LAP activities performed. GRANTEE cannot receive MEASURE C LAP funds through this A greement until said separate agreement between GRANTEE and CALTRANS has been approved and fully executed by both parties.
2. DESCRIPTION OF WORK
A. Funding under this Agreement shall be utilized by GRANTEE for LAP activities as described in GRANTEE’s Application, appended hereto as Attachment 1 and incorporated into this Agreement as though fully set forth herein.
B. GRANTEE shall implement the performance measures identified in Attachment 1.
C. GRANTEE shall abide by all terms and conditions contained in its separate agreement with CALTRANS for LAP activities, as described in Section 1-B of this Agreement; and GRANTEE
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shall seek full reimbursement for eligible LAP activities from CALTRANS under that separate agreement.
3. OBLIGATIONS OF AUTHORITY
A. AUTHORITY shall reimburse GRANTEE for up to 25% of the direct cost s of completed LAP activities.
B. AUTHORITY shall issue payment to GRANTEE within thirty ( 30) working days of receipt by AUTHORITY of a properly documented and verified invoice for payment for eligible LAP activities.
C. AUTHORITY’S maximum financial obligation pursuant to this Agreement shall not exceed $300,000 (One Hundred Thousand dollars and no cents).
4. AGREEMENT TERM
A. Unless earlier terminated as provided in Section 8 hereof, or extended by mutual agreement of both parties, this Agreement shall expire August 31, 2027.
5. REPORTING
A. GRANTEE shall furnish to AUTHORITY the results of the performance measures identified in Attachment 1 during the term of this agreement in order to help evaluate the effectiveness of the LAP Pilot.
B. Grantee shall submit to AUTHORITY a monthly status of reimbursements received from CALTRANS for LAP activ ities performed under the separate agreement as referenced in Section 1-B of this Agreement.
6. AVAILABILITY OF FUNDING
The terms of this Agreement and the services to be provided hereunder are contingent on the availability of funds. In the event sufficient funds are not available, the services provided hereunder may be modified or this Agreement terminated at any time by giving GRANTEE thirty (30) days’ prior written notice.
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7. NONASSIGNMENT
Neither party shall assign, transfer, or subcontract this Agreement, nor any of its respective rights or duties under this Agreement, without the prior express, written consent of the other party.
8. TERMINATION
AUTHORITY may immediately suspend or terminate this Agreement, in whole or in part, or withhold payment where in the determination of AUTHORITY there is:
a. An illegal or improper use of funds;
b. A failure to comply with any term of this Agreement; or c. A substantially incorrect or incomplete report submitted to AUTHORITY.
In no event shall any payment by AUTHORITY constitute a waiver by AUTHORITY of any breach of this Agreement or any default that may then exist on the part of GRANTEE, nor shall such payment impair or prejudice any remedy available to AUTHORITY with respect to the breach or default.
AUTHORITY shall have the right to demand of GRANTEE the repayment to AUTHORITY of any funds disbursed to GRANTEE under this Agreement that, in the judgment of AUTHORITY, were not expended in accordance with the terms of this Agreement. GRANTEE shall promptly refund any such funds upon demand. In addition to immediate suspension or termination, AUTHORITY may impose any other remedies available at law, in equity, or otherwise specified in this Agreement.
9. INDEMNIFICATION
GRANTEE agrees to indemnify, save, hold harmless, and at AUTHORITY’S request, defend AUTHORITY, its boards, committees, representatives, officers, agents, and employees from and against any and all costs and expenses (including reasonable attorneys’ fees and litigation costs), damages, liabilities, claims, and losses (whether in contract, tort, or strict liability, including, but not limited to, personal injury, death, and property damage) occurring or resulting to AUTHORITY
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which arises from or is in any way related to the performance of GRANTEE, its officers, agents, subcontractors, suppliers, or employees in their performance of this Agreement.
10. NOTICES
The persons and their addresses having authority to give and receive notices under this Agreement are as follows:
GRANTEE AUTHORITY
Scott Mozier
City of Fresno
Public Works Director
2600 Fresno Street
Fresno, California 93721
(559) 621-8811
[email protected]
Terry Ogle, Executive Director
Fresno County Transportation
Authority
2220 Tulare Street, Suite 2101
Fresno, California 93721
(559) 600-3282
[email protected]
Any and all notices between AUTHORITY and GRANTEE provided for or permitted under this Agreement or by law shall be in writing and shall be deemed duly served when personally delivered to one of the parties, or in lieu of such personal service, when deposited in the United States mail, postage prepaid, addressed to such party.
11. GOVERNING LAW
This Agreement shall be governed in all respects by the laws of the State of California.
Venue for any action arising out of this Agreement shall only be in Fresno County, California.
12. TIME IS OF THE ESSENCE
It is understood that GRANTEE’s time of performance under this Agreement is of the essence. The parties reasonably anticipate that GRANTEE will, to the reasonable satisfaction of AUTHORITY, complete all activities provided herein within the time schedule outlined in this Agreement; provided, however, that GRANTEE may be excused from timely performance in the event of a reasonable delay in such performance that is acknowledged by AUTHORITY as having been caused by circumstances entirely outside GRANTEE’s control or otherwise not attributable to any fault of GRANTEE.
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13. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between GRANTEE and AUTHORITY with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, and understandings of any nature whatsoever unless expressly included in this Agreement.
14. MODIFICATION
Any matters of this Agreement may be modified from time to time by the written consent of all the parties without in any way affecting the remainder.
15. NO FINANCIAL THIRD-PARTY BENEFICIARIES
Notwithstanding anything else stated to the contrary herein, it is understood that GRANTEE services and activities under this Agreement are being rendered only for the benefit of AUTHORITY, and no other person, firm, corporation, or entity shall be deemed an intended financial third-party beneficiary of this Agreement.
16. AUDIT
At any time during normal business hours and as often as AUTHORITY deems necessary GRANTEE shall make available to AUTHORITY or its agents for examination at GRANTEE business office all of GRANTEE data and records with respect to all matters pertaining to the functions performed under the terms of this Agreement and GRANTEE will permit AUTHORITY or its agents to audit, examine and make excerpts or transcripts from such data and records. GRANTEE shall maintain such data and records in an accessible location and condition for a period of not less than five years following receipt of final payment under this Agreement unless AUTHORITY agrees in writing to an earlier disposition.
17. TERMINATION
Either party may terminate this Agreement at any time by giving at least thirty (30) days written notice to the other of such termination. In that event, GRANTEE shall be paid the amount of
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money payable to GRANTEE as of the date of such termination, in accordance with the terms and conditions set forth in this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written.
FRESNO COUNTY
TRANSPORTATION AUTHORITY
BY:
ERNEST “BUDDY” MENDES
TITLE: CHAIRMAN
FEDERAL I.D. NO. 77-0159920
REVIEWED AND RECOMMENDED
FOR APPROVAL
BY
TERRY OGLE
EXECUTIVE DIRECTOR
FRESNO COUNTY TRANSPORTATION
AUTHORITY
APPROVED AS TO LEGAL FORM
DANIEL C. CEDERBORG
COUNTY COUNSEL
BY:
Alison Samarin, Deputy County Counsel
APPROVED AS TO ACCOUNTING FORM
OSCAR J. GARCIA, C.P.A.
AUDITOR-CONTROLLER/
TREASURER-TAX COLLECTOR
BY:
GRANTEE,
CITY OF FRESNO
BY: _____________________________
SCOTT L. MOZIER
TITLE: PUBLIC WORKS DIRECTOR
TAX ID NO. 94-6000338PROVED AS TO
LEGAL FORM
APPROVED AS TO FORM
ANDREW JANZ
CITY ATTORNEY
BY:
Brent Richardson Date
Deputy City Attorney III
TITLE: _____________________________
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Deputy Date
ATTEST
BY:
TITLE: ___________________________