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HomeMy WebLinkAboutR-1993-009 Growth ManagementRESOLUTION NO. R-93- 9 40b A RESOLUTION: authorizing the execution of an agreement with the Washington State Department of Transportation for financial assistance for development of the Transit Element of the City of Yakima Comprehensive Plan. WHEREAS, the City of Yakima is currently developing a Comprehensive Plan in response to the \tGrowth - Management Act which contains a public transportation element, and WHEREAS, the State of Washington has make funding available through the Washington State Department of Transportation which can be applied for on an 80%/20% matching basis to be used to accomplish such projects, and WHEREAS, the Transit Division has, on behalf of the City of Yakima, applied for and received approval of a grant in the amount of $15,000 which is 80% of the project amount, and WHEREAS, the City Council considers it in the best interest of the City to accept the funding and authorize the appropriate use thereof for the completion of the Transit Element of the City's Comprehensive Plan, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima, is hereby authorized and directed to sign the attached agreement entitled "State of Washington Department of Transportation State Transit Planning Assistance-GC#9742." ADOPTED BY THE CITY COUNCIL thisW� day off \).K 19 9 3 ATTEST: Vi. MAYOR CITY CLERK STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION State Transit Planning Assistance THIS AGREEMENT, entered into by the State of Washington Department of Transportation (hereinafter referred to as the "Department") and the City of Yakima**** ********************************** (hereinafterreferred to as the"Contractor"), WITNESSETH THAT: Section 22(8) of Chapter 166, Laws of 1992, State of Washington, provides for the funding of grants to transit agencies with populations less than 200,000 to assist in the preparation of the agencies' transit development plans pursuant to 35.58.2795 RCW; The Contractor is a transit agency serving a population of less than 200,000; and The Department and the Contractor desire to utilize the funding from Section 22(8) of Chapter 166, Laws of 1992, State of Washington, to improve the Contractor's transit development plan for 1993. NOW, THEREFORE, in consideration of the mutual covenants herein set forth, the Department and the Contractor agree as follows: Section 1. Purpose of Agreement. The purpose of this Agreement is to provide for the undertaking of state transit planning assistance for improving planning associated with the Contractor's transit development plan (hereinafter referred to as "Project") by the Contractor and to state the terms, conditions and mutual understandings of the parties as to the manner in which the Project will be undertaken and completed. Section 2. Scope of Project. The Contractor shall undertake and complete the Project as described herewith: In -performing -the following tasks, the Contractor shall consider areas likely to be included in a future Yakima County Public Transportation Benefit Area (PTBA) Task 1: Use 1990 Census information to project demographic trends and evaluate future mode and service structure. Task 2: Develop three transit system alternatives. Estimate ridership for each through comparison of national data and recently -completed transit survey, and estimate capital and operating costs of each alternative. Task 3: Determine and describe the impacts of the Growth Management kt on future transit service options, including service area expansion and the potential service requirements and benefits of public transportation. Task 4: Assess preveously-developed guidelines for their applicability to the Yakima urbanized area as defined by the U.S. Bureau of the Census and revise as appropriate. Task 5: Apply the guidelines to the future transit service alternatives. The resulting evaluations will provide a picture of each service alternative for the public transportation system with more specific route variables. Task 6: Produce technical memoranda which will define operating characteristics for transit for the selected transit service alternative. This will include making recarmendations regarding staff, aclninistrati ve, and related equipment needs, and assessing needs for capital improvements, transfer facilities, route alignments, and other transit operation requirements. -1- Section 3. Time of Performance. The project period of this Agreement shall be January 15, 1993 through June 1, 1993. The Contractor may not unilaterally terminate the Project. The Contractor must promptly give written notice to the Department of any complete or partial termination of the Project. Section 4. Limitation of Liability. The Contractor shall indemnify and hold the Department, its agents, employees, and/or officers harmless from and shall process and defend at its own expense any and all claims, demands, suits, penalties, losses, damages, or costs of whatsoever kind or nature (hereafter "claims") brought against the Department arising out of or incident to the execution, performance, or failure to perform of or under this Agreement; provided, however, that if such claims are caused by or result from the concurrent negligence of (a) the Contractor, its agents, employees, and/or officers and (b) the Department, its agents, employees and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Contractor, its agents, employees, and/or officers; and provided further that nothing herein shall require the Contractor to hold harmless or defend the Department, it agents, employees, and/or officers from any claims arising from the sole negligence of the Department, its agents, employees, and/or officers. Section 5. Agreement Modifications. Either party may request changes in these provisions. Such changes which are mutually agreed upon shall be incorporated as written amendments to this Agreement. No variation or alteration of the terms of this Agreement shall be valid unless made in writing and signed by authorized representatives of the parties hereto. Section 6. Termination for Public Convenience. The Department may terminate the contract in whole, or from time to time in part, whenever: (a) The requisite state funding becomes unavailable through failure of appropriation or otherwise; (b) The Contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense; or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources; (c) The Contractor is prevented from proceeding with the work by reason of a preliminary, special or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor; (d) The Department determines that such termination is in the best interests of the state; or (e) The Department may terminate the project and cancel this Agreement if in the sole opinion of the state the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. Section 7. Non -Discrimination Assurances. The Contractor hereby agrees that as a condition to receiving any financial assistance pursuant to this Agreement, it will comply with all state and federal laws and regulations pertaining to equal opportunity employment, nondiscrimination, project records keeping audits, inspection and retention of records, and all nondiscrimination provisions, including Chapter 49.60 RCW, Laws of the State of Washington. Section 8. General Compliance Assurances. The Contractor agrees to, and shall provide for such methods of administration for the project that are found by the Secretary of Transportation, or the official to whom the Secretary delegates specific authority, to give -2- reasonable guarantee that it, other recipients, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of state financial assistance under such program will comply with all requirements imposed by, or pursuant to this assurance. The Contractor agrees to comply with the provisions of the "Common Rule," 49 C.F.R. Part 18. The Contractor agrees to comply with such instructions the Department may issue to comply with the requirements of United States and Washington State law. Any report or procedure developed by the Contractor pursuant to this Agreement shall become public property and shall not be subject to copyright. The Contractor agrees that the United States, any agency thereof, the Secretary of Transportation and any of the Secretary's designees, have not only the right to monitor the compliance of the Contractor with the provisions of this assurance, but also have the right to seek judicial enforcement with regard to any matter arising under this assurance. It is understood by the Contractor this assurance obligates the Contractor for the period during which state assistance is extended to the project. Section 9. Project Records. The Contractor shall establish and maintain books, records, documents, and other evidence and accounting procedures and practices sufficient to reflect properly all direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred for the performance of this Agreement. To facilitate the administration of the Project, separate accounts shall be established and maintained within the Contractor's existing accounting system or set up independently. Such accounts are referred to herein collectively as the "Project Account." The Contractor shall charge to a Project Account all eligible costs of the Project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department, shall not be considered eligible costs. All costs, charged to the Project, including any approved services contributed by the Contractor or others, shall be supported by property executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. Section 10. Audits, Inspection and Retention of Records. The Department and the State Auditor and any of their representatives shall have full access to and the right to examine, during normal business hours and as often as they deem necessary, all of the Contractor's records with respect to all matters covered by this contract. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and other matters covered by this contract. All documents, papers, accounting records and other material pertaining to costs incurred in connection with the project shall be retained by the Contractor for three years from the date of completion of the project to facilitate any audits or inspections. Section 11. Subcontract Inclusions. The Contractor shall include Sections 7-11 in all subcontracts entered into pursuant to this Agreement. Section 12. Reimbursement. The Department, using funds made available to it from the appropriations made to it in Chapter 166, Laws of 1992, State of Washington, shall reimburse the Contractor's allowable costs incurred in completing the project described in Section 2. Such allowable and reimbursable Project costs shall not exceed the State Share identified in Section 13. Allowable Project costs shall be determined by the Department. In no event shall the total amount reimbursed by the Department hereunder exceed the amount identified in Section 14. Payment will be made by the Department on an incremental reimbursable basis (either monthly or quarterly). Payment is subject to the submission to and approval by the Department of copies of the work product(s) identified in Section 2, appropriate state vouchers, and financial summaries. Any financial summaries submitted to the Department must include a certification that costs have been incurred in the performance of the contract and a record of the actual costs. The Department shall visit the Contractor approximately quarterly to review progress on the work product(s). -3- Section 13. Cost of the Project. The maximum cost of the Project shall be: State Share Contractor Share Total Project Cost $15,000.00 (80%) $ 3,750.00 (20%) $18,750.00 (100%) Section 14. Lack of Waiver. In no event shall the making by the Department of any payment of grant funds to the Contractor constitute or be construed as a waiver by the Department of any breach of covenants, or any default which may exist on the part of the Contractor; the making of any such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. Section 15. Department Advice. The Contractor bears complete responsibility for the administration and success of the Project as it is defined by this Agreement and any amendments thereto. Although Contractors are encouraged to seek the advice and opinions of the Department on problems that may arise, the giving of such advice shall not shift the responsibility of the Contractor for the administration and success of the Project. Section 16. Remedies. The Department may withhold Grant payments where it determines that a Contractor has failed to comply with any provision of this Agreement. If federal participation and funding is either reduced or cancelled as a result of a breach by the Contractor, the Contractor is then liable for all damages from the breach, even though those damages exceed the price payable under the contract. Section 17. Remedies Cumulative. All remedies provided in this document are distinct and cumulative to any other right or remedy under this document or afforded by law or equity, and may be exercised concurrently, independently or successively. Section 18. Forbearance by Department Not a Waiver. Any forbearance by the Department in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. Section 19. Disputes. Any factual disputes between the Department and the Contractor in regard to this Agreement not disposed of by this Agreement, shall be referred for determination to the Secretary of Transportation, or his designee, whose decision shall be final and binding. Section 20. Venue and Process. In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the parties hereto agree that any such action shall be initiated in the superior court of the State of Washington situated in Thurston County. The Contractor hereby accepts the issuing and service of process by registered mail at the mailing address the Department has for the Contractor. Section 21. Independent Contractor. The Contractor shall be deemed an independent contractor for all purposes, and the employees of the Contractor or any of its contractors, subcontractors and the employees thereof, shall not in any manner be deemed to be the employees of the Department. Section 22. Effective Invalidity of Any Provision Hereof. If any covenant or provision of this Agreement shall be adjudged void, such adjudication shall not affect the validity, obligation -4- or perfoi inance of any other covenant or provision, or part thereof, which in itself is valid if such remainder conforms to the terms and requirements of applicable law and the intent of this contract. No controversy concerning any covenant or provision shall delay the performance of any other covenant or provision except as herein allowed. Section 23. Execution. This Agreement is executed by the Assistant Secretary for Transit, Research, and Intermodal Planning, State of Washington or his designee, not as an individual incurring personal obligation and liability, but solely by, for and on behalf of the State of Washington, in his capacity as Assistant Secretary for Transit, Research, and Intermodal Planning, State of Washington, Department of Transportation, pursuant to authority as aforesaid. Section 24. Section Headings. All section headings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. Section 25. Execution and Acceptance. This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Contractor does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements and their supporting materials contained and/or mentioned herein, and does hereby accept the Department's grant and agrees to all of the terms and conditions thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year last written below. STA"i'h OF WASHINGTON CITY OF YAK I MA Department of T:. nspo JA HEY Assistant ecretary for Transit, Research, and Intermodal Planning Date: � c Approved as to Form KENNETH O. EIKENBERRY Attorney General State of Washington By: Any modification, change, or revision to this Agreement requires the further approval as to form of the Office of the Attorney General. 25:M3:AGMT1 -5- ( tractor) B Date: `2 /I( /`T 3 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of February 16. 1993 Resolution Authorizing the Execution of Agreement with the Washington State Department of Transportation for State Transit Planning Assistance SUBMITTED BY: Jerry Copeland, Director of Public Works CONTACT PERSON/TELEPHONE: Bill Schultz, Transit Manager 575-6005 SUMMARY EXPLANATION: A grant in the amount of $15,000 has been applied for and received from the Washington State Department of Transportation to assist in the development of the Transit element of the City's Comprehensive Plan, which is currently under development. This grant will augment and be matched by those funds currently in the Transit Budget for Comprehensive Plan development. Resolution x Ordinance Contract x Other (Specify)_ Funding Source Transit Operating Fund APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve Resolution and execute Contract. BOARD/COMMISSION RECOMMENDATION: Transit Committee recommends approval of the Grant. COUNCIL ACTION: Resolution No. R-93-9.