HomeMy WebLinkAboutC-3088 - Transportation Management Association Services in the Airport Area, Funding AgreementREPORT TO THE MAYOR AND CITY COUNCIL FEB Q 1997
PROPOSAL: Designation of GRC Associates as an Authorized City Representative to
Examine Sales and Use Tax Records
SUMMARY: Staff requests that the City's consultant be authorized to review sales
and use tax records in connection with the Airport Area Market and
Economic Feasibility Study.
SUGGESTED
ACTION: Adopt Resolution No. 97 - 16
• The California Revenue and Taxation Code requires that access to sales and use tax records be
restricted to authorized City officers, employees and designees to protect the confidentiality of
businesses. The attached resolution would authorize the City's consultant, GRC Associates, to
review these records in connection with its work on the Airport Area Market and Economic
Feasibility Study, and would ensure that the confidentiality of these records is maintained.
Submitted by:
SHARON Z. WOOD
Assistant City Manager
A,-4, !f
Attachments: ResolutionNo. 97 -
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Prepared by:
JOHN H. DOUGLAS, AICP
Principal Planner
CITY OF NEAT BEACH
Hearin ate:
February 10, 1997
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COMMUNITY AND ECONOMIC DEVELOPMENT
Agenda Item No.:
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PLANNING DEPARTMENT
Staff Person:
John Douglas
•
uoo NEWPORT BOULEVARD
(714) 644 -3230
NEWPORT BEACH, CA 92658
(714) 644-Y —; FAX (7'4) 644-5250
REPORT TO THE MAYOR AND CITY COUNCIL FEB Q 1997
PROPOSAL: Designation of GRC Associates as an Authorized City Representative to
Examine Sales and Use Tax Records
SUMMARY: Staff requests that the City's consultant be authorized to review sales
and use tax records in connection with the Airport Area Market and
Economic Feasibility Study.
SUGGESTED
ACTION: Adopt Resolution No. 97 - 16
• The California Revenue and Taxation Code requires that access to sales and use tax records be
restricted to authorized City officers, employees and designees to protect the confidentiality of
businesses. The attached resolution would authorize the City's consultant, GRC Associates, to
review these records in connection with its work on the Airport Area Market and Economic
Feasibility Study, and would ensure that the confidentiality of these records is maintained.
Submitted by:
SHARON Z. WOOD
Assistant City Manager
A,-4, !f
Attachments: ResolutionNo. 97 -
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Prepared by:
JOHN H. DOUGLAS, AICP
Principal Planner
,M:
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RESOLUTION NO. 97- •
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH DESIGNATING GRC ASSOCIATES AS AN AUTHORIZED CITY
REPRESENTATIVE TO EXAMINE SALES AND USE TAX RECORDS.
WHEREAS, pursuant to California Revenue and Taxation Code Section 7200 et
seq., the City of Newport Beach has adopted a sales and use tax ordinance which imposes
a tax and provides a measure that can be administered and collected by the State Board of
Equalization along the same and existing statutory and administrative procedures
followed by the State Board of Equalization in administering and collecting the
California State Sales and Use Taxes.
WHEREAS, pursuant to California Revenue and Taxation Code Section 7056, the
City of Newport Beach, by resolution, may designate any officer, employee or any other
person to examine all of the sales and use tax records of the Board pertaining to sales and •
use taxes collected for the City.
WHEREAS, the City of Newport Beach has entered into an agreement for
economic consulting services with the firm GRC ASSOCIATES, INC., which requires
that the consultant examine sales and use tax records.
WHEREAS, all legal prerequisites prior to the adoption of this Resolution have
occurred.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Newport Beach as follows:
Section l: The City Council of the City of Newport Beach hereby certifies
that GRC, INC. (hereinafter referred to as "CONSULTANT ") meets all of the •
Page 1
• requirements of California Revenue and Taxation Code Section 7200 et seq., as more
specifically described in Sections 2 and 3, below.
Section 2: The City Council of the City of Newport Beach hereby certifies to
the State Board of Equalization that CONSULTANT is a designated representative of the
City of Newport Beach to examine sales and use tax records of the Board pertaining to
sales and use taxes collected by the Board on behalf of the City of Newport Beach.
Section 3: Pursuant to California Revenue and Taxation Section 7056(b), the
City Council of the City of Newport Beach hereby certifies that CONSULTANT meets
all of the following conditions:
a. CONSULTANT has an existing contract with the CITY to perform
economic consulting services;
• b. CONSULTANT is required by that contract to disclose
information contained in, or derived from, sales tax records only to an officer or
employee of the CITY who is authorized by resolution to examine the information;
•
C. CONSULTANT is prohibited by the contract from performing
consulting services for a retailer during the term of the contract; and
d. CONSULTANT is prohibited by the contract from retaining the
information contained in, or derived from, those sales tax records after the contract has
expired.
Section 4: The City Clerk shall certify to the adoption of this Resolution.
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ADOPTED this _day of 1997. •
Mayor
ATTEST:
City Clerk
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RESOLUTION NO. 97 -16
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH DESIGNATING GRC ASSOCIATES AS AN AUTHORIZED CITY
REPRESENTATIVE TO EXAMINE SALES AND USE TAX RECORDS.
WHEREAS, pursuant to California Revenue and Taxation Code Section 7200 et
seq., the City of Newport Beach has adopted a sales and use tax ordinance which imposes
a tax and provides a measure that can be administered and collected by the State Board of
Equalization along the same and existing statutory and administrative procedures
followed by the State Board of Equalization in administering and collecting the
California State Sales and Use Taxes.
WHEREAS, pursuant to California Revenue and Taxation Code Section 7056, the
City of Newport Beach, by resolution, may designate any officer, employee or any other
person to examine all of the sales and use tax records of the Board pertaining to sales and
use taxes collected for the City.
WHEREAS, the City of Newport Beach has entered into an agreement for
economic consulting services with the firm GRC ASSOCIATES, INC., which requires
that the consultant examine sales and use tax records.
WHEREAS, all legal prerequisites prior to the adoption of this Resolution have
occurred.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Newport Beach as follows:
Section 1: The City Council of the City of Newport Beach hereby certifies
that GRC, INC. (hereinafter referred to as "CONSULTANT ") meets all of the
Page 1
0 • Res. 97 -16
requirements of California Revenue and Taxation Code Section 7200 et seq., as more
specifically described in Sections 2 and 3, below.
Section 2: The City Council of the City of Newport Beach hereby certifies to
the State Board of Equalization that CONSULTANT is a designated representative of the
City of Newport Beach to examine sales and use tax records of the Board pertaining to
sales and use taxes collected by the Board on behalf of the City of Newport Beach.
Section 3: Pursuant to California Revenue and Taxation Section 7056(b), the
City Council of the City of Newport Beach hereby certifies that CONSULTANT meets
all of the following conditions:
a. CONSULTANT has an existing contract with the CITY to perform
economic consulting services;
b. CONSULTANT is required by that contract to disclose
information contained in, or derived from, sales tax records only to an officer or
employee of the CITY who is authorized by resolution to examine the information;
C. CONSULTANT is prohibited by the contract from performing
consulting services for a retailer during the term of the contract; and
d. CONSULTANT is prohibited by the contract from retaining the
information contained in, or derived from, those sales tax records after the contract has
expired.
Section 4: The City Clerk shall certify to the adoption of this Resolution.
Page 2
Res. 97 -16
ADOPTED this 10thday of February 1997.
May
City Clerk
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STATE OF CALIFORNIA }
COUN'T'Y OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 97 -16, was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 10th
day of February, 1997, and that the same was so passed and adopted by the following vote, to wit:
Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, and Mayor Debay
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 11th day of February, 1997.
City Clerk of the City of
Newport Beach, California
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AMENDMENT NO. 1 TO
CONSULTANT AGREEMENT
The Agreement, entered into on January 14, 1997, by and between City of Newport
Beach , a Municipal Corporation (hereinafter referred to as "City "), and GRC Associates,
Inc., Stephen A. Copenhaver, President, 1340 Valley Vista Drive, Suite 120, Diamond Bar,
California, 91765 (hereinafter referred to as "Consultant"), is hereby amended as follows:
1. As part of his work Consultant will be permitted to examine confidential
sales tax records.
2. Consultant shall not disclose information contained in, or derived from,
those sales tax records to any person at any time other than an officer or employee of the
City who is authorized by resolution to examine the information.
3. Consultant shall not perform Consultant services for any retailer during the
term of this Agreement.
4. Consultant shall not retain the information contained in, or derived from,
those sales tax records after the Agreement has expired.
CITY OF NEWPORT BEACH
A Munic' a] Corporation
By; /<Cc ✓J� �r�
Sharon Z. Wo
Assistant City Manager
CONSULTANT
r i St hen A. Copenhaver
1
1 r President
ATTEST: PR VEDAS O
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CITY CLERK CITY ATTO E
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CONSULTANT AGREEMENT
THIS AGREEMENT, entered into this 14 day of SAhyA r-/ , 1997, by and
between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to
as "City "), and GRC Associates, Inc., Stephen A. Copenhaver, President, 1340 Valley Vista
Drive, Suite 120, Diamond Bar, California, 91765 (hereinafter referred to as "Consultant "),
is made with reference to the following:
RECITALS
A. City is a Municipal Corporation duly organized and validly existing
under the laws of the State of California with the power to carry on its business as it
is now being conducted under the statutes of the State of California and the Charter
of the City.
B. The principal member of Consultant is Stephen Copenhaver.
C. City desires to engage Consultant to perform services described in
attached scope of work to assist City and the Airport Area Property and Business
Owner Steering Committee by preparing an economic and market feasibility study
for the project area.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
11*7u
The Term of this Agreement shall commence on the day written above and shall
terminate upon completion of the scope of work set forth in the Scope of Work attached
hereto as Exhibit A.
2. SERVICES TO BE PERFORMED
Consultant shall perform the tasks set forth in Exhibit A
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3. STANDARD REQUIREMENTS
Consultant shall comply with all of the standard requirements set forth in Exhibit B
attached hereto.
4. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not an
employee of the City. The manner and means of conducting the work are under the control
of Consultant, except to the extent they are limited by statute, rule or regulation and the
express terms of this Agreement.
G K"T K 7I
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator, and any other agencies which may have jurisdiction or interest in the work to
be performed. City agrees to cooperate with the Consultant on the project.
6. TIME OF PERFORMANCE
The task to be performed by Consultant under and pursuant to this Agreement shall
be completed within the time periods provided in Exhibit C.
7. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator, who shall be the Assistant City Manager, in
advance of all critical decision points in order to ensure that the project proceeds in a
manner consistent with City goals and policies.
8. CONFLICTS
To the extent any provisions of this Agreement conflict with Exhibit A, the
provisions of this Agreement shall prevail.
9. COMPENSATION TO CONSULTANT
Consultant shall be compensated at the rates set forth in Exhibit D. Billings for
services performed pursuant to this Agreement shall not exceed $30,000.00, including
expenses. All work shall be done by Consultant and shall not be subcontracted to others
without the City's written authorization. Total costs, including any authorized sub -
consultants shall not exceed $30,000 without an amendmentto this Agreement.
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10. HOLD HARMLESS
Consultant shall defend, indemnify and hold harmless City, its officers, employees,
and agents from any and all claims, losses, damages of any type and nature.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
G
ATTEST:
CITY CLERK
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CITY OF NEWPORT BEACH
A Municipal Corporation
By-:4
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CONSULTANT
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EXHIBIT A
SCOPE OF WORK
AIRPORT AREA MARKET FEASIBILITY STUDY
Task 1 Proiect Initiation
This task will entail reviewing the Airport Committee preliminary
report and any other information the consultant deems appropriate to
become familiar with the purpose of the study. It is assumed that this
would include one meeting with the Committee and staff.
Task 2 Draft Report
The consultant will prepare a draft report addressing the following
points:
A. Review existing land use & fiscal data from the Airport
Committee preliminary report, and refine as necessary to
confirm whether the following uses are optimal for net City
revenue generation:
• Business to business sales
• Auto sales
• Hotel
• Restaurant
• General retail
B. Determine whether the uses identified in Task 2A are feasible
based on market, location and site characteristics. If
appropriate, identify alternative uses with greater feasibility.
C. Analyze existing and potential expansion of car rental facilities
to determine whether and how these uses can provide City
revenue similar to the uses identified in Task 2A.
D. Determine what incentives and conditions would be required to
attract desired users to the area (and the financial feasibility of
such a program)
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Following submittal of the Draft Report a meeting will be scheduled
with the Committee and staff to discuss the preliminary findings and
recommendations.
Task 3 Final Report
Based on comments from staff and the Committee the consultant will
refine the Draft Report and submit a Final Report. An additional
meeting with the Committee and staff may be scheduled to discuss the
Final Report.
Task 4 Public Meetings
In addition to the two meetings noted above with the Committee and
staff, it is anticipated that the consultant will be required to attend two
public meetings before the City Council and defend the findings and
conclusions contained in the Final Report. Any meetings in excess of
these assumptions will be billed on a time and materials basis.
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EXHIBIT B
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STANDARD REQUIREMENTS AND AUTHORITY OF THE
CITY OF NEWPORT BEACH
A. The City of Newport Beach will expect the following requirements to be
met by the consultant:
1. Support Materials: The consultant shall prepare all
graphics and other supporting materials needed to complete the
tasks identified in the scope of work.
2. Administrative Review Process: The consultant
shall prepare administrative drafts of all documents for staff
review. No study documents may be released to the public without
the authorization of staff.
3. Copies and Reproducible Materials: The consultant
shall provide to the City the following:
a. Ten copies of the draft report.
b. Fifty copies of the final report.
C. One unbound reproducible copy of
each document.
4. Insurance and Hold harmless Clauses: The
consultant shall provide proof of comprehensive general liability,
vehicle liability and workers compensation insurance with the City
of Newport Beach as an additional named insured on all such
policies. Consultant contracts must also provide indemnification
and a hold harmless clause.
5. Billings: Billings shall be based on completion of
project and/or each phase of the project and shall be accompanied
by a breakdown of the number of hours for each member of the
consultant team.
B. All reports, data files, illustrations, photographs, charts, maps and/or other
similar materials shall become the sole property of the City of Newport
Beach and may not be used or reproduced in any form except with the
explicit written permission of the City.
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C. The consultant should expect to have access to the public reports and files
of the City in preparing the proposal and the study.
D. The City has the authority to terminate its contract with the consultant at
any time during the period of the study if it is determined by the City that
the Contractor's performance is not satisfactory.
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JAN- 7 -97 WED 16:26 GRC- COPENHAVER, INC. FAX NO. 9093967913 P,02
EXHIBIT D
BUDGET' BY TASK
Our proposed fee for the Scope of Work is as follows, with a not to exceed a total of
$30,000 including all exImnses.
APPROXIMATE BUDGET
Task
Hour
Fee'
Task 1 - Project Initiation Data Collection -
20
1,900.00
Task
2 - Project Analysis
A.
Analyze propensity of parcels to recycle in
near, mid and long term
12
1,140.00
B.
Review of comparable sales and Icase rams,
determine estimate of cost of acquiring and
assembling sites
20
1,900.00
C.
Develop financial model of alternate land use
scenarios
28
2,660.00
D.
Determine the fiscal revenue impacts
24
2,280.00
E.
Review the market feasibility of desirable land
52
4,9=40.00
use alirrnatives
N.
Review dic deed restrictions and prepare
recommendations
12
1,140.00
G.
Review car rental agencies
14
1,330.00
H.
Prepare an economic development strategy
35
3,325.00
Task
3 - Draft and Final Report -
40
3,800.00
Task
4 - Meetings - Attendance :u meetings with
30
2,850.00
Comrniuee and Staff and attendance at two public:
meetings before the City Council (total of 5
meetings).
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CITY COUNCIL
June 24, 1996
JUN 2 4
CITY COUNCIL AGENDA
ITEM NO. 6
TO: Mayor and Members of the City Council
C— 3 C��g
FROM: Public Works Department
SUBJECT: AUTHORIZATION TO EXECUTE AN AGREEMENT WITH
CALTRANS TO DEVELOP TRANSPORTATION MANAGEMENT
ASSOCIATION SERVICES IN THE AIRPORT AREA
RECOMMENDATION:
Authorize the Mayor and City Clerk to execute an agreement with Coastal Motion
to perform a Feasibility Analysis for the implementation of a Transportation
Management Association or other employer consortium in the airport area.
DISCUSSION:
The City Council approved the execution of a funding agreement with Caltrans
for this project at their meeting of May 13, 1996.
This project has grown out of efforts of Coastal Motion, a Transportation
Management Association (TMA) that the City helped found. Coastal Motion
began discussions with Caltrans over two years ago about the need for a TMA to
serve employers and employees in the airport area. Caltrans agreed to fund a
feasibility study in an amount not to exceed $15,000 and an implementation
program not to exceed $75,000.
Requests for Proposals were sent to eight organizations which had expressed an
interest in being considered for this work. Proposals were received from three of
them. Based upon the work programs submitted with the proposals, staff
selected Coastal Motion to perform the feasibility of developing a TMA or similar
organization in the airport area. The Proposals included work programs for a
possible Phase II which would be the actual implementation of the TMA. No
work for this phase is being authorized at this time and any decision to do so will
be dependent upon the results of the feasibility analysis.
Coastal Motion is the TMA serving all City employees outside of Newport Center.
They have spent considerable time looking at this issue over the past several
years because at one time it was expected that Caltrans would provide them with
grant funds to do this work. The staff of Coastal Motion has put together a team
of very experienced professionals in the ridesharing field to complete this project.
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SUBJECT: AUTHORIZATION TO EXECUTE AN AGREEMENT WITH CALTRANS TO DEVELOP •
TRANSPORTATION MANAGEMENT ASSOCIATION SERVICES IN THE AIRPORT
AREA
June 24, 1996
Page 2
Staff will finalize a contract with Coastal Motion based upon their Proposal. They
have indicated the work will be performed on a time and materials basis not to
exceed $15,000. This conforms with our agreement with Caltrans to not exceed
this amount for the feasibility study.
Respectfully submitted,
00
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By !� 7
Richard M. Edmonston
Transportation & Development Services Manager
0
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TO: Mayor and Members of the City Council
FROM: Public Works Department
40
May 13, 1996
CITY COUNCIL AGENDA
ITEM NO. 12
MAY 13
SUBJECT: AUTHORIZATION TO EXECUTE AN AGREEMENT WITH CALTRANS
TO DEVELOP TRANSPORTATION MANAGEMENT ASSOCIATION
SERVICES IN THE AIRPORT AREA
RECOMMENDATION:
Authorize the Mayor to execute an agreement with Caltrans in an amount not to exceed
$90,000 for the development of Transportation Management Association services in the
airport area.
DISCUSSION:
This project was originally anticipated to be funded through a mechanism known as a
Fund Transfer Agreement. The City Council approved the execution of that agreement
at their meeting of November 27, 1995. Caltrans subsequently decided that a different
mechanism needed to be used to fund this project. The current proposal is for the City
and the State to enter an agreement. A copy of that agreement is attached.
This project has grown out of efforts of Coastal Motion, a Transportation Management
Association (TMA) that the City helped found. Coastal Motion began discussions with
Caltrans over two years ago about the need for a TMA to serve employers and
employees in the airport area. Caltrans agreed to fund a feasibility study in an amount
not to exceed $15,000 and an implementation program not to exceed $75,000. The
intention at that time was that Caltrans would make this money available to Coastal
Motion as a grant.
Due to various delays and a major change in the Caltrans grant process, they can no
longer provide funds directly to a vendor such as TMA. Caltrans and staff have worked
together to identify another method to undertake this effort. The City will contract with
Caltrans and we in turn will solicit proposals from interested parties and award a
contract for the work.
• i
SUBJECT: AUTHORIZATION TO EXECUTE AN AGREEMENT WITH CALTRANS TO DEVELOP
TRANSPORTATION MANAGEMENT ASSOCIATION SERVICES IN THE AIRPORT AREA •
May 13, 1996
Page 2
Staff requests that authorization be granted for the City to enter the agreement with
Caltrans. This agreement will replace the previously approved Fund Transfer
Agreement.
Respectfully submitted,
0)'[0&
PUBLIC WORKS DEPARTMENT
Don Webb, Director
Richard M. Edmonston
Transportation & Development
Services Manager
•
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STATE OF CALIFORNIA APPROVED BY THE.
AM. NO.
STANDARD AGREEMENT--- -� NTRACT NUMBER RNEY GENERAL 6912 -I0- M 003 ao
STD. 2(REV.5 -91) -
TAxPAYERS FEDERAL EMPLOYER IDENTIFICATION NUMBER
isAGREEMENT, made and entered into this _ day of _ , 19_,
State of California, by and between State of California, through its duly elected or appointed, quaffed and acting
TITLE OF OFFICER ACTING FOR STATE AGENCY
DIRECTOR DEPARTMENT OF TRANSPORTATION hereafter called the State, and
CONTRACTOR'S NAME
City of Newport Beach hereafter called the Contractor.
WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulation of the State
hereinafter expressed, does hereby agree to furnish to the Slate services and materials as follows: (Set forth service to be rendered by
Contractor, amount to be paid Contractor, time for performance or co/npletion, and attach plans and specifications, If any.)
The entire agreement is contained on the following pages.
ON _14_ SHEETS, EACH BEARING NAME OF CONTRACTOR AND
s on the reverse side hereof constitute a part of this agreement.
WHEREOF, this agreement has been executed by the parties hereto, upon the tlate first above written.
STATE OF CALIFORNIA
CONTRACTOR
AGENCY
CONTRACTOR (IF OTHER TIIAH AN INDNIDUAL, STATE WHETHER A CORPORATION. PARTNERSHIP, ETC
Department of Transportation
City of Newport Beach
BY (AUTHORIZED SIGNATURE)
BY (AUTHORIZED SIGNATURE) ,
PRINTED NAME OF PERSON SIGNING
PRINTED NAME AND TITLE OF PERSON SIGNING
Marcella Harrison
TITLE
ADDRESS 3300 Newport Blvd.
Contract Officer
Newport Beach, CA 92658 -8915
AMOUNT ENCUMBERED BY THIS
PROGRAMICATEGORY (CODE AND TITLE)
FUND TITLE
DEPARTMENT OF GENERAL SERVICE
DOCUMENT
$90,000.00
TRANSPORTATION
State Hwy
PRIOR AMOUNT ENCUMBERED FOR
(OPTIONAL USE)
THIS CONTRACT
'
ITEM
CHAPTER
STATUTE
FISCALYEAR
$ -0-
303
95
I
1995/96
2660- 001 - 042,$0. So
TOTAL AMOUNT ENCUMBERED TO
OBJECT OF EXPENDITURE (CODE AND TITLE)
DATE
995199
$90,000.00
I hereby certify upon my own personal knowledge that budgeted funds are available for the
T.B.A. N0.
B.R. NO.
period and purpose of the expenditure stated above
TURE OF ACCOUNTING OFFICER
DATE
❑ CONTRACTOR ❑ STATE AGENCY ❑ DEPT.OFGEN.SER. ❑ CONTROLLER ❑
City of Newport Beach-Contract No. 12G912, Sheet 2 of 14
STATE OF CALIFORNIA
STANDARD AGREEMEN
STD. 2(REV. 5 -91) (REVERSE)
The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents, and employees •
from any and all claims and losses accruing or resulting to any or all contractors, subcontractors, materialmen,
laborers and any other person, firm or corporation furnishing or supplying work services, materials or suppliers
in connection with the performance of this contract, and from any and all claims and losses accruing or resulting
to any person, firm or corporation who may be injured damaged by the Contractor in the performance of this
contract.
2. The Contractor, and the agents and employees of Contractor, in the performance of the agreement, shall act in
an independent capacity and not as officers or employees or agents of State of California.
3. The State may terminate this agreement and be relieved of the payment of any consideration to Contractor
should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided.
In the event of such termination the State may proceed with the work in any manner deemed proper by the
State. The cost to the State shall be deducted from any sum due the Contractor under this agreement, and the
balance, if any, shall be paid the Contractor upon demand.
4. Without the written consent of the State, this agreement is not assignable by Contractor either in whole or in
part.
5. Time is of the essence in this agreement.
6. No alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the
parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the
parties hereto.
7. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's •
expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so
provided.
•
•Contract No. 12G912
City of Newport Beach
Sheet 3 of 14
• Article I - Statement of Work
A. The work to be performed under this contract shall be in accordance with the
Contractor's technical proposal entitled Project Description, Attachment A,
and the Contractor's cost proposal, Attachment B. The proposals are
attached hereto and incorporated by reference. If there is any conflict
between the Contractor's proposals and this contract, this contract shall take
precedence.
B. Specifications
The City of Newport Beach shall conduct a. Feasibility Study to determine
whether a transportation management association (TMA) is feasible in
the area surrounding John Wayne Airport. The study will identify
potential users of the TMA's services. The work to be performed under
this contract will be in two phases, Phase I and Phase 11. The Contractor
must obtain written approval of the Contract Manager prior to conducting
work under Phase II.
2. Any changes or alterations to the work to be performed under Attachment
A require approval by the Contract Manager or her designee prior to the
implementation of such changes or alterations.
• 3. The development and /or production of any marketing materials must be
approved by the Contract Manager or her designee prior to the initiation
of such development or production.
4. Work Plan
All tasks funded by Phase I and Phase 11, as identified below, will be
performed by subcontractor(s). The City will select the subcontractor(s)
by using a competitive process such as Request For Proposal, Invitation
For Bid, or Request For Qualifications. Once the Request for Proposal
has been completed and a subcontractor(s) selected, the City shall
provide the State a copy of the subcontractor(s) cost proposal. The cost
proposal shall itemize all items that will be charged to the state including
travel charges, which shall be at State rates. Costs shall be segregated
to show actual program element costs, salary costs including hours,
rates, and classifications, and administrative overhead and fringe benefit
expenses. The cost proposal shall follow a format similar to the format .
provided in Attachment B of this contract. At Caltrans' discretion, the
subcontractor(s) may be subject to a pre -award audit by Caltrans.
E
Contract No. 12G912
• • City of Newport Beach
Sheet 4 of 14
Phase I
Task 1: Identify Goals, Tasks and Timelines
Task 2: Survey Development
• Design and complete market survey and marketing materials.
• Begin data collection.
• Meet with key industry executive.
Complete printing of survey and marketing materials.
• Schedule focus group meetings.
Tasks 1 and 2 to be completed by the end of week #7.
Task 3: Distribute survey
• Distribute market survey.
• Complete data collection.
• Complete focus group sessions.
Task 3 to be complete by the end of week #13
Task 4: Gather and assess data
• Follow -up phone calls.
• Begin computer data entry.
• Perform data analysis.
• Project team review of data analysis.
• Project conclusions and recommendations.
• Present results to interested parties.
Task 4 to be completed by the end of week #21
Task 5: Final report and invoice.
• Prepare and approve final report.
• File invoice.
Task 5 to be completed by the end of week #24
Phase II
Should the Feasibility Study support establishment of a TMA in the Airport Area,
this contract will cover the following implementation tasks:
Task 6: Goals, Mission Statement
• Create business plan with Mission Statement, goals and
objectives of TMA
• Determine membership services and fee structure
• Create Board of Directors, membership committee,
participation guidelines
Task 7: Implement services
Task 8: Prepare final implementation report
Tasks 6 -8 will be complete by week #48.
4
•
C7
• • Contract No. 12G912
City of Newport Beach
Sheet 5 of 14
• C. The Project Manager for the Contractor will be Richard Edmonston,
(714) 644 -3344.
The Contract Manager for the State will be Barbara Gossett, (714) 724 -2732,
8- 655 -2732.
Article II - Contractor's Reports and /or Meetings
A. The Contractor shall submit quarterly progress reports to allow the Contract
Manager to determine if the Contractor is performing to expectations or is on
schedule, to provide communication of interim findings and to afford occasions for
airing difficulties or special problems encountered so that remedies can be
developed. The quarterly progress reports are to be submitted to the Contract
Manager no later than ten (10) working days after the end of each quarter.
B. Reports submitted by the Contractor shall be concise yet complete. Reports that
are incomplete, redundant, and /or excessive will be returned to the Contractor for
correction and resubmittal. Reports not submitted on schedule or requiring
resubmittal will be grounds for the State to delay payment of invoices.
C. The Contractor shall meet with the Contract Manager as needed to discuss
progress on the contract.
• D. Prior to completion of the contract, the Contractor shall hold a final meeting with
the Contract Manager to present findings, conclusions and recommendations and
shall submit a comprehensive final report on the project.
E. Any document or written report prepared as a requirement of this contract shall
contain, in a separate section preceding the main body of the document, the
number and dollar amounts of all contracts and subcontracts relating to the
preparation of those documents or reports if the combined costs for work by
non - employees of the Department exceed $5,000.
Article III - Contract Period
A. This contract shall begin on May 1, 1996, contingent upon approval by the State,
and expire on June 30, 1997, unless extended by amendment.
B. Phase I shall begin on May 1, 1996, contingent upon approval by the State and
written notification by the Contract Manager to begin work, and be completed no
later than November 30 1996.
C. If Phase II is implemented, it shall begin the day after the completion of Phase I
and conclude not later than June 30, 1997. The Contractor shall not b_ egin work on
• Phase 11 until notified to do so in writing by the Contract Manager.
• • Contract No. 12G912
City of Newport Beach
Sheet 6 of 14
Article IV - Allowable Costs and Payments
A. The total amount payable by the State for Phase I shall not exceed $15,000.00. It
is understood and agreed that this total is an estimate and that the State will pay
only for those contracted services actually rendered.
B. The total amount payable by the State for Phase II shall not exceed $75,000.00.
is understood and agreed that this total is an estimate and that the State will pay
only for those contracted services actually rendered. If Phase II is implemented
under this contract or amendment, the Contractor must match, contribute to the
Phase II implementation, the $75,000.00 State contribution using funds from a
non - federal source.
C. The method of payment for this contract will be based on actual costs. The State
will reimburse the Contractor for actual costs (including labor costs, employee
benefits, travel, overhead and other direct costs) incurred by the Contractor in
performance of the work, exclusive of any fixed fee, not to exceed the amount of
$90,000.00 for Phases I and II. Actual costs shall not exceed the estimated wage
rates and other estimated costs set forth in the Contractors cost proposal without
prior written agreement between the State and the Contractor.
D. Transportation and subsistence costs shall not exceed rates authorized to be paid
State employees under current State Department of Personnel Administration
rules.
E. Progress payments will be made quarterly in arrears based on services provided
and actual costs. incurred. If the Contractor fails to submit the required deliverable
items according to the schedule set forth in this contract, the State shall have the
right to delay payment, and /or terminate this Contract in accordance with the
provisions in Article VI Termination.
F. The State will withhold 10% of each progress payment. The retention amount will
be paid to the Contractor after the State has evaluated the Contractors
performance and made a determination that all contract requirements have been
satisfactorily fulfilled. I
G. The Contractor shall not commence performance of work or services until this
contract has been approved by the State. No payment will be made prior to
approval nor for any work performed prior to approval of this contract.
•
•
\J
•Contract No. 12G912
City of Newport Beach
Sheet 7 of 14
. H. The Contractor will be reimbursed as promptly as fiscal procedures will permit
upon receipt by the Contract Manager of itemized invoices in triplicate. Invoices
shall reference this contract number and project title and shall be mailed to the
Contract Manager at the following address:
Department of Transportation
Traffic Systems Branch
Attn. Barbara Gossett
2501 Pullman Street
Santa Ana, CA 92705
Article V - Publication
A. The Contractor shall not copyright the report required by this agreement.
B. The report required by this agreement shall become the property of the State, and
all publication rights are reserved to the State.
C. The title pages of the report shall bear an appropriate inscription acknowledging
the sources of funds used to produce the report.
D. The report shall contain the following disclaimer in a separate section preceding
isthe main body of the document:
'The contents of this report reflect the views of the author who is responsible for
the facts and accuracy of the data presented herein. The contents do not
necessarily reflect the official views or policies of the State of California or the
Federal Highway Administration. This report does not constitute a standard,
specification, or regulation."
Article VI - Termination
The Department of Transportation reserves the right to terminate this agreement without
cause upon thirty (30) days written notice to the contractor or immediately in the event of
material breach by the contractor.
Article VII - Funding Requirements
i
A. It is mutually understood between the parties that this contract may have been
written before ascertaining the availability of congressional or legislative appro-
priation of funds, for the mutual benefit of both parties in order to avoid program
and fiscal delays that would occur if the contract were executed after that
• determination was made.
• • Contract No. 12G912
City of Newport Beach
Sheet 8 of 14
B. This contract is valid and enforceable only if sufficient funds are made available to •
the State by the United States Government or the California State Legislature for
the purpose of this program. In addition, this contract is subject to any additional
restrictions, limitations, conditions, or any statute enacted by the Congress or the
State Legislature that may affect the provisions, terms or funding of this contract in
any manner.
C. It is mutually agreed that if the Congress or the State Legislature does not
appropriate sufficient funds for the program, this contract shall be amended to
reflect any reduction in funds.
D. The State has the option to void the contract under-the 30-day cancellation clause
or to amend the contract to reflect any reduction of funds.
Article VIII - Change in Terms /Amendment
A. This contract may be amended or modified only by mutual written agreement of the
parties.
B. There shall be no change in the Project Manager without prior written approval by the
Contract Manger.
Article IX - Nondiscrimination
A. During the performance of this contract, Contractor and its subcontractors shall
not unlawfully discriminate, harass or allow harassment, against any employee
or applicant for employment because of sex, race, color, ancestry, religious
creed, national origin, disability (including HIV and AIDS), medical condition
(cancer), age, marital status, denial of family and medical care leave, and denial
of pregnancy disability leave. Contractors and subcontractors shall insure that
the evaluation and treatment of their employees and applicants for employment
are free from such discrimination and harassment. Contractor and sub-
contractors shall comply with the provisions of the Fair Employment and Housing
Act (Government Code, Section 12900 et seq.) and the applicable regulations
promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0
et seq.). The applicable regulations of the Fair Employment and Housing
Commission implementing Government Code, Section 12990 (a -f), set forth in
Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are
incorporated into this contract by reference and made a part hereof as if set forth
in full. Contractor and its subcontractors shall give written notice of their
obligations under this clause to labor organizations with which they have a
collective bargaining or other agreement.
• • Contract No. 12G912
City of Newport Beach
Sheet 9 of 14
B. This contractor shall include the non - discrimination and compliance provisions of
• this clause in all subcontracts to perform work under this contract.
C. Appendix A, relative to non - discrimination on federally assisted projects, is
attached hereto and made a part of this contract.
D. Contractor shall comply with Title VI of the Civil Rights Act of 1964, as amended.
Accordingly, 49 CFR 21 through Appendix C and 23 CFR 710.405 (b) are
applicable to this contract by reference.
Article X - Disadvantaged Business Enterprise (DBE)
Participation (Without Goals)
A. The State has established no goals for the participation of DBE for this contract.
However, the Contractor shall be fully informed respecting Part 23, Title 49,
Code of Federal Regulations, which is incorporated by reference, and is urged to
obtain DBE participation should a clearly defined portion of the work become
available.
B. It is the policy of the Department of Transportation that certified DBE firms shall
have the maximum opportunity to participate in the performance of contracts
• financed in whole or in part with federal funds. The Contractor shall ensure that
certified DBE firms, as defined in said Code of Federal Regulations, have the
maximum opportunity to participate in the performance of this contract and shall
take all necessary and reasonable steps, as set forth in said Part 23, for such
assurance. The contractor shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance of subcontracts. Failure to
carry out the requirements of this paragraph shall constitute a breach of contract
and may result in termination of this contract or such other remedy the
Department may deem appropriate.
C. If DBE participation is obtained, the Contractor shall maintain records of all
subcontracts entered into with DBE subcontractors and records of materials
purchased from DBE suppliers. Such records shall show each subcontractor's
and vendor's name and address and the actual dollars paid to each. Upon
completion of the contract, a summary certified correct shall be submitted by the
Contractor or his authorized representative to the State's Contract Manager
showing total dollars paid to each DBE subcontractor and supplier.
D. Any DBE firm working under subcontract for this contract must be responsible for
the execution of a distinct element of the work and must carry out its
responsibility by actually performing, managing, and supervising the work.
C
• • Contract No. 12G912
City of Newport Beach
Sheet 10 of 14
E. The Contractor shall make every reasonable effort to replace a certified DBE
subcontractor that is unable to perform the provisions of this contract with •
another certified DBE.
Article XI - Cost Principles
A. The Contractor agrees to comply with Federal procedures in accordance with
Office of Management and Budget Circular A -87, Cost Principles for State and
Local Governments.
B. The Contractor also agrees to comply with Federal procedures in accordance
with Office of Management and Budget Circular A -102 Uniform Administrative
Requirements for Grants and Cooperative Agreements with State and Local
Governments.
C. The Contractor also agrees to comply with Federal procedures in accordance
with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments.
D. Any costs for which payment has been made to Contractor that are determined
by subsequent audit to be unallowable under Office of Management and Budget
Circular A -87 are subject to repayment by Contractor to State.
Article XII - Retention of Records/Audits •
For the purpose of determining compliance with Public Contract Code Section 10115, et.
seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et. seq., when
applicable, and other matters connected with the performance of the contract pursuant to
Government.Code Section 8546.7, the Contractor, subcontractors and the State shall
maintain all books, documents, papers, accounting records, and other evidence pertaining
to the performance of the contract, including but not limited to, the costs of administering
the contract. All parties shall make such materials available at their respective offices at
all reasonable times during the contract period and for three years from the date of final
payment under the contract. The State, the State Auditor, FHWA, or any duly authorized
representative of the Federal government shall have access to any books, records, and
documents of the Contractor that are pertinent to the contract for audits, examinations,
excerpts, and transactions, and copies thereof shall be furnished if requested.
Article XIII - Disputes
i.
A. Any dispute concerning a question of fact arising under this contract that is not
disposed of by agreement shall be decided by the Department's Contract Officer,
who may consider any written or verbal evidence submitted by the Contractor.
The decision of the Contract Officer, issued in writing, shall be conclusive and •
10
•
•Contract No. 12G912
City of Newport Beach
Sheet I 1 of 14
• binding on both parties to the contract on all questions of fact considered and
determined by the Contract Officer.
B. Neither the pendency of a dispute nor its consideration by the Contract Officer will
excuse the Contractor from full and timely performance in accordance with the
terms of the contract.
Article XIV - Subcontracting
A. The Contractor shall perform the work contemplated with resources available
within its own organization and no portion of the work shall be subcontracted
without written authorization by the State's Contract Manager, (optional - except
that which is expressly identified in the Contractor's cost/bid proposal, or
identified on the DBE or MBE/WBE /DVBE Participation Goals and Verification
form ADM 0227).
B. Any subcontract in excess of $25,000, entered into as a result of this contract,
shall contain all the provisions stipulated in this contract to be applicable to
subcontractors.
C. Any substitution of subcontractors must be approved in writing by the State's
Contract Manager in advance of assigning work to a substitute subcontractor.
•
Article XV - Statement of Compliance
The Contractor's signature affixed hereon and dated shall constitute a certification under
the penalty of perjury under the laws of the State of California that the Contractor has,
unless exempted, complied with the nondiscrimination program requirements of
Government Code Section 12990 and Title 2, California Code of Regulations, Section
8103.
Article XVI - Equipment Purchase (By Contractor)
A. Prior authorization in writing by the State's Contract Manager shall be required
before the Contractor enters into any non - budgeted purchase order or subcontract
exceeding $100 for supplies, equipment, or consultant services. The Contractor
shall provide an evaluation of the necessity or desirability of incurring such costs.
B. For purchase of any item, service or consulting work not covered in the
Contractors Cost Proposal and exceeding $100, with prior authorization by the
State's Contract Manager, three competitive quotations must be submitted with the
request or the absence of bidding must be adequately justified.
•
•
•Contract No. 12G912
City of Newport Beach
Sheet 12 of 14
C. Tangible property purchased with funds provided by the State under this contract •
becomes the property of the State until depreciated. Depreciation shag be
calculated in accord with Internal Revenue Service (IRS) Publications 534 (Rev.
Nov. 88), entitled "Depreciation," and subsequent revisions.
D. If the TMA created under this contract ceases to exist prior to the end of the
recovery period as specified in IRS Publications 534, the Contractor may deliver
the undepreciated State Property to a location designated by the Caltrans District
TDM representative or reimburse the State for the undepreciated portion in the
same proportion that the State shared in its purchase. At the end of the
depreciation period, the State deems the property to have no monetary value and,
hence, becomes the property of the Contractor.
Article XVII - Failure To Pay
Should Cities or Counties fail to pay monies due the State within 30 days of demand or
within such other period as may be agreed between the parties hereto, State, acting
through the State Controller, may withhold an equal amount from future apportionments
due Cities or Counties from the Highway Users Tax Fund.
Article XVlll - Drug Free Workplace Certification
By signing this contract, the Contractor hereby certifies under penalty of perjury under the •
laws of the State of California that the contractor will comply with the requirements of the
Drug -Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will
provide a drug -free workplace by doing all of the following:
A. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession, or use of a controlled substance is prohibited and
specifying actions to be taken against employees for violations, as required by
Government Code Section 8355(a).,
B. Establish a Drug -Free Awareness Program as required by Government Code
Section 8355(b), to inform employees about all of the following:
(1) the dangers of drug abuse in the workplace,
(2) the person's or organization's policy of maintaining a drug -free workplace,
(3) any available counseling, rehabilitation and employee assistance
programs, and
(4) penalties that may be imposed.upon employees for drug abuse violations.
12
•
•
• Contract No. 12G912
City of Newport Beach
- Sheet 13 of 14
• C. Provide as required by Government Code Section 8355(c) that every employee
who works on the proposed contract or grant:
(1) will receive a copy of the company's drug -free policy statement, and
(2) will agree to abide by the terms of the company's statement as a condition
of employment on the contract or grant.
Failure to comply with these requirements may result in suspension of payments under the
contract or termination of the contract or both and the contractor may be ineligible for
award of any future state contracts if the Department determines that any of the following
has occurred: (1) the contractor has made a false certification or, (2) violates the
certification by failing to carry out the requirements as noted above.
Article XIX - Prohibition From Bidding
This contract is subject to the provisions of Section 10365.5 of the Public Contract Code
which states: "No contractor who has been awarded a consulting services contract may
submit a bid for, nor be awarded a contract for, the provision of services, goods and
supplies, or any other related action which is required, suggested or otherwise deemed
appropriate in the end product of the original consulting services contract.
• Article XX - Audit Review Procedures
CJ
A. Any dispute concerning a question of fact arising under an interim or post audit of
this contract that is not disposed of by agreement shall be reviewed by the
Chairperson of the Audit Review Committee (ARC). The ARC will consist of the
Assistant Director, Audits & Security (Chairperson); Deputy Director of the
functional Program area; the Chief Counsel, Legal Division, or their designated
alternates-, and if the Department chooses, two representatives of the
Department's choosing, from private industry. The two representatives from
private industry will be advisory in nature only and will not have voting rights.
Additional members or their alternates may serve on the ARC.
B. Not later than thirty (30) days after issuance of the final audit report, the Contractor
may request a review by the ARC of unresolved audit issues. The request for
review will be submitted in writing to the Chairperson of the ARC. The request
must contain detailed information of the factors involved in the dispute as well as
justifications for reversal. A meeting by the ARC will be scheduled if the
Chairperson concurs that further review is warranted. After the meeting, the ARC
will make recommendations to the Chief Deputy Director. The Chief Deputy
Director will make the final decision for the Department. The final decision will be
made within three (3) months of receipt of the notification of dispute.
13
• Contract No. 12G912
•
City of Newport Beach
Sheet 14 of 14
C. Neither the pendency of a dispute nor its consideration by Caltrans will excuse the •
Contractor from full and timely performance, in accordance with the terms of this
contract.
C
•
14
. • Contract No. 12G912
City of Newport Beach
PROJECT DESCRIPTION Attachment a
Sheet 1 of 5
• Agency: City of Newport Beach
Project Name & Limits/Description
Development and implementation of a Transportation Management Association to serve the area around
the John Wayne Airport area.
Project setting/location and proposed work of Project
The City of Newport Beach is proposing to develop and implement a Transportation Management
Association (TMA) in the area surrounding the John Wayne Airport The proposed TMA will serve as
a private- sector organization to collectively address the unique transportation and air quality challenges
of local large employers, the airport, and visitor- related businesses located throughout the Airport Area.
The TMA will provide outreach to the local business community regarding valuable services to
encourage the use of alternative modes of transportation to enhance mobility and accomplish regional
air quality improvement goals as specified in the South Coast Air Quality Management District
(SCAQMD) Regulation XV, 1991 Air Quality Management Plan (AQMP), Congestion ManagementPlan
(CMP), California and Federal Clean Air Act. Related TDM(TSM funding requests would empower the
proposed TMA to establish a comprehensive ridematch system in Newport Beach, as well as a
parking/congestion pricing program and auto use restriction zone(s) for the project area.
71 he Airport Area is located primarily in the City of Newport-Beach, as well as portions of Irvine and
Santa Ana. It is roughly the area between I -5 on the north, SR 55 on the w-
est, Culver Drive on the east,
and the Pacific Coast Highway on the south.
Growth in the Airport Area has created the need for significant transportation improvements in order to
meet the increasing commuter and visitor travel demand and expeditiously implement the regionally
mandated growth management and air quality control measures.
Proposed objectives, work elements, organization, and schedule are detailed in the following items.
A. Project Objectives
The goal of the Airport Area TMA (AATMA) is to provide a collaborative public- and private- sector
approach to develop and implement critical Transportation Demand Management (TDM) strategies to
improve mobility throughout this growing area while reducing vehicle trips (VT), vehicle miles/hours
traveled (VMT/VHT), and mobile source emissions related to weekday commute trips and weekend
visitor trips.
City of Newport Beach
• Attachment A
Sheet 2 of 5
Cverall, the AATMA will act as a central coordination point for service delivery, community outreach,
aad advocacy for future demonstration projects and new TDM strategies for the commercial and business
•
area surrounding John Wayne Airport.
B. Work Element
The AATMA development project will be conducted by a private consultant, whose products will include
conducting market demand research, developing analytic findings, and recommending implementation
strategies. The project is presented as discussed below:
Task I - Market Assessment
Selected consultant staff will meet with key personnel of the .City, local Chamber of Commerce and
Industrial League of Orange County to discuss project, conduct needs assessment, obtain employer lists,
and conduct market survey.
Project staff will collect data from:
1) Trip Reduction Plans submitted to South Coast Air Quality Management District
(SCAQMD) by regulated companies;
2) Focus group session with identified key employer /employee groups, facilitated by project
staff; and •
3) Conducting follow -up interview by telephone, as needed.-
Results will be ranked from most desirable transportation services to least desirable. A final report will
be submitted to the City and other identified interested parties. If the results support expansion of TMA
services to the Airport Area, presentations to key business representatives of the private and public
sectors will be coordinated.
lask II - Network Formation &Service Design t
If a TMA is supported as a result of the feasibility study, project staff will proceed with implementing
the TMA. Tasks shall include:
Determine the most appropriate organizational structure for the Transportation Network and include
cne following products: work plan, mission statement, goals and objectives, and marketing plan.
• Workt.with the city and potential TMA members to determine and obtain the appropriate legal status
for the AATMA, e.g. non -profit organization or other alternatives.
2 0
City of Newport Beach
• Attachment A
Sheet 3 of 5
• A solid AATMA governance and management structure will also be determined during this Task.
hese products will include the establishment of a Board of Directors, membership committees, and
• membership /participant guidelines.
A financial plan and operating budget for the AATMA will be developed at this time. The financial
plan will include defining membership dues structure, service fees, and other types of participant
sponsorship /investments (in -kind contributions, etc.) in order to safeguard long -term fiscal stability.
• The AATMA's organizational structure, activities, and services will be designed to achieve a prioritized
list of local goals, to comply with mandated regulations, and to advocate future TDM enhancements for
farther reducing congestion and improving air quality.
'_'ask III - Implementation
1 his Task will compose the implementation/operation activities of the. AATMA. The project will
i?entify the necessary foundations for the TMA, such as required staffing levels, office location,
a dministrative support services /supplies. Potential in -kind contributions will be encouraged to cover
some of these expenses, with the remaining on -going costs funded through membership dues and service
fees.
?, key element of this Task will be to develop and implement important activities and economically
viable services to meet the needs of the TMA members. The following is an initial listing of potential
_cavities and services:
• a. Grand Opening promotion for Airport Area TMA
b. Car/Van/Bus pool matching/formation services .
c. Bicycling routes and user amenities (lockers, showers, bike racks on buses)
d. Guaranteed Ride Home assistance
e. Flex -time scheduling to coordinate work hours with train/bus schedules
f. Coordination of airport bus operations (schedules /pick -up locations)
g. Traveler information display areas (real time travel information by mode)
h. Pedestrian routes and amenities i
i. Trip Reduction Plan preparation/assistance
j. Government relations /advocacy
k. Input to local planning process
The ;proposed TMA will also serve an advocacy role to foster future TDM demonstration
services /programs to promote further congestion relief and air quality improvements:
• 3
Contract No. 12G912
City of Newport Beach
• Attachment A
Sheet 4 of 5
Task IV - Proiect MonitorinQ & Evaluation
To maintain a high quality of client/customer satisfaction, the AATMA will conduct membership an 0
participant surveys and/or focus groups to monitor service delivery and effectiveness for reducing traffic
congestion and automobile emissions. Based on this evaluation, AATMA goals /strategies will be
modified as necessary.
C. Proiect Organization
The proposed AATMA is planned to be an entrepreneurial venture among the employers, visitor- related
businesses, local residents, City of Newport Beach, and selected consultant. To gain guidance from
xperience, the AATMA development and implementation team will work with established Southern
California Transportation Management Associations, neighboring municipalities, and regional
=sportation, air quality, and planning agencies, as appropriate. All of the project tasks will be a
collective effort in order to build a strong foundation and achieve on -going success for the Newport
Beach -based Airport Area Transportation Management Associad on.
•
4 0
Contract No. 12G912
City of Newport Beach
• Attachment A
Sheet 5 of 5
D. Schedule
•The Airport Area Transportation Management Association development and implementation project is
designed to be initiated upon notice of award, with consultant selection targeted for January 1996.
Feasibility Studv
WEEK TASK
1 Project Team Meeting - Identify Goals/Tasks, timeline
2 -6 1) Design & complete market survey & marketing materials
2) Begin data collection
3) Meet with key industry executives
7 1) Complete printing of survey & marketing materials
2) Schedule focus group meetings
8 -13 1) Distribute market survey
2) Complete data collection
3) Complete focus group sessions
14 -15 1) Follow -up phone calls
• 2) Begin computer data entry
3) Perform data analysis
16 -21 1) Project team review of data analysis
2) Project conclusions and recommendations; present results to interested parties
22 -24 Final report and invoice.
ImDlementation
24 -30 1) Create business plan with Mission Statement, goals and objectives of TMA.
2) Determine membership services, fee structure
3) Create Board of Directors, memberships committee, participation guidelines.
30 -48 1) With assistance from Steering Committee comprised of member businesses, iu}-latatt
services.
Project Monitoring & Evaluation, will be an on -going task.
A. Conduct membership surveys and/or focus groups
B. Modify Transportation Network goals /strategies as necessary
C. Compose bi -annual progress reports.
0 5
Contract No. 12G912
City of Newport Beach
Attachment B
Budget Sheet 1 of 2
Feasibility Study •
Phase 1
LABOR
HOURS
RATE
TOTAL
Project Manager
160
$45
TMA Exec. Director
80
45
Computer Technician
35
30
Intern- Clerical
60
12
Labor Subtotal
MARKETING
Survey introductory piece: Development & Printing
OTHER DIRECT COSTS
Phone
Postage
Printing/Duplicarion
Mileage/Parking
fleeting rooms for focus groups
Office rental
Fax costs
TOTAL
I
STATE TOTAL LOCAL
$ 7,200 0
3,600 0
1,050 0
720 0
$ 12,570
$ 1,740 0
$ 210
230
250
0
0
0
0
$ 15,000
0
0 •0
300
1,300
2,000
400
$ 4,000
6 •
•
LABOR
Project Manager
TMA Exec. Director
Computer Technician
Intem - Clerical
Labor Subtotal
BUDGET: IMPLEMENTATION
Phase 2
MARKETING
Graphic Design
Printing
Marketing Subtotal
OTHER DIRECT COSTS
Phone
ostage
Mileage/Parkin-
Meeting rooms for focus groups
Office rental
Fax costs
Other Direct Costs Subtotal
TOTAL
HOURS RATE
1,000
$45
800
45
150
30
200
12
• 7
STATE
$ 27,000
22,000
3,000
1,300
$ 53,300
STATE
$ 5,000
15,000
$ 20,000
$ 1,500
200
0
0
0
0
$ 1,700
Contract No. 12G912
City of Newport Beach
Attachment B
Sheet 2 of 2
LOCAL
• 1 1
11
1
$ 34,600
LOCAL
$ 10,000
15,000
$ 25,000
i PII
230
.11
5,000
8,000
1,000
AN ,W
1
$ 75,000 $ 75,630
E
DEPARTMENT OF TRANSPORTATION
PENDIX
0. aiieel
G /�z of
•
During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter
referred to as the "contractor") agrees as follows:
(1) Compliance with Regulations: The contractor shall comply with regulations relative to Title VI (non- discrimination
in federally- assisted programs of the Department of Transportation - Title 49 Code of Federal Regulations Part 21 -
Effectuation of Title VI cf the 1964 Civil Rights Act). Title VI provides that the recipients of federal - assistance will implement
and maintain a policy of non - discrimination in which no person in the state of California shall, on the basis of race,
color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subjected
to discrimination underany program or activity by the recipients of federal assistance or their assignees and successors
in interest-
(2) Non - discrimination: The contractor, with regard to the work performed by it during the contract shall act in accordance
with Title VI. Specifically, the contractor shall not discriminate on the basis of race, color, national origin, religion,
sex age, or disability in the selection and retention of subcontractors, including procurement of materials and leases
of equipmenL The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section
21.5 of the U.S. DOTs Regulations, including employment practices when the contract covers a program whose goal
is employment.
(3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, eithe
by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, includi�
procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by t
contractor of the contractor's obligations under this contract and the Regulations relative to non - discrimination on the
grounds of race, color or national origin.
(4) Information and Reports: The contractor shall provide all information and reports required by the Regulations. or
directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information,
and its facilities as may be determined by the State Department of Transportation or the Federal Highway Administration
to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of a
contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall
so certify to the State Department of Transportation, or the Federal Highway Administration as appropriate, and shall
set forth what efforts it has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the non - discrimination provisions
of this contract, the State Department of Transportation shall impose such contract sanctions as it or the Federal
Highway Administration may determine to be appropriate, including, but not limited to:
(a) withholding of payments to the contractor under the contract until the contractor complies, and /or
(b) cancellation, termination or suspension of the contract, in whole or in part.
(6) Incorporation of Provisions: The contractor shall include the provisions of paragraph (1) through (6) in every sub-
contract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives
issued pursuant thereto. The contractor will take such action with respect to any subcontractor or procurement as the
State Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such
provisions including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved
in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may
request the State Department of Transportation to enter into such litigation to protect the interest of the State,
in addition, the contractor may request the United States to enter Into such litigation to protect the interests 0 a*
United States
D" OM- 1351[REV. 41821r ED ERALFUNDS: OVER$ 1,000