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HomeMy WebLinkAboutCAG1993-0572 - Original - Municipality of Metropolitan Seattle - Metro Regional Transit Project - 11/15/1993 INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND METRO Metro Regional Transit Project State High Capacity Transportation Account Pass-Through Grant Funding This Agreement is made and entered into by and between the Municipality of Metropolitan Seattle (hereinafter called "Metro") and the City of Kent (hereinafter called "the City"). WHEREAS, Metro is authorized by public vote and Chapter 35.58 RCW to perform the function of metropolitan public transportation planning and operation for the Seattle-King County metropolitan area; and WHEREAS, on September 15, 1988, the Metro Council passed Resolution No. 5506 which directed Metro staff to propose a rail and bus system to be integrated into its Long-Range Plan for Public Transportation; and WHEREAS, on March 16, 1989, the Metro Council passed Resolution No. 5566 approving the 4-year rail and integrated bus system planning work program and authorized the Executive Director to enter into interlocal agreements with local jurisdictions; and WHEREAS, on September 6, 1990, the Metro Council passed Resolution No. 5967 authorizing applications for and acceptance of High Capacity Transportation (HCT) Account grant funds from the Washington State Department of Transportation (WSDOT); and WHEREAS, WSDOT awarded a grant to Metro for the period July 1 , 1993 through June 30, 1994 which included funds for interjurisdictional coordination and planning to be passed on by Metro to participating jurisdictions through interlocal agreements; and WHEREAS, on July 15, 1993, the Metro Council passed Resolution No. 6598 authorizing execution of interlocal agreements for the purpose of providing pass-through of State HCT grant funds for the Regional Transit Project for the period July 1, 1993 through June 30, 1994; and WHEREAS, the City desires to participate in the State HCT grant fund program and accept pass-through grant funds to conduct an HCT planning study; Page 1 of 6 NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS: I. PURPOSE The purpose of this Agreement is to provide for the pass-through of state High Capacity Transportation Account (HCT) grant funds by Metro to the City of Kent for the City to conduct an HCT planning study hereinafter referred to as the Kent Circulator Study. This Agreement further provides for future amendments with the mutual consent of the parties. II. FUNDING AND REIMBURSEMENT A. Metro shall pass-through state grant funding to the City for performance of the tasks set forth in Attachment A, describing the City's HCT planning study, a copy of which is attached hereto and made a part hereof. The total estimated cost of the study is $46,250. The City shall be responsible for contributing the required local match of twenty percent (20%) for state HCT grant funds. The local match requirement for the estimated cost of the study is $9,250. The maximum amount Metro shall pass-through to the City for this study shall be $37,000 in State HCT grant funds. B. The Kent Circulator Study is funded under Metro's HCT Grant Contract ("Agreement GC-9870") with the Washington State Department of Transportation (WSDOT) for the Regional Transit Project in the 1993 — 1995 biennium. The HCT Grant Contract provides state grant funds from July 1 , 1993 through June 30, 1994. Any expenditures beyond June 30, 1994 for the study which is the subject of this agreement will not be reimbursed. This Agreement is subject to the terms of Agreement GC-9870 and Metro shall have no obligation to make payments under this Agreement to the extent the funding is not provided by WSDOT under said grant agreement. The City agrees to comply with all the provisions of the grant contract between Metro and WSDOT, which contract is incorporated herein by reference. Said provisions include, but are not limited to, the following: Page 2 of 6 Equal Employment Opportunity. The City agrees to abide by all state and federal laws and regulations with respect to employment. This includes, but is not limited to, equal opportunity employment, nondiscrimination assurances, project record keeping, audits, inspection, and retention of records and will adhere to all of the nondiscrimination provisions in Chapter 49.60 RCW, Laws of the State of Washington. Project Records. The City 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 study, separate accounts shall be established and maintained within the City's existing accounting system or set up independently. Such Accounts are referred to herein collectively as the "Project Account." The City shall charge to a Project Account all eligible costs of the study. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of Metro, shall not be considered eligible costs. All costs, charged to the study, including any approved services contributed by the City or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. Audits, Inspections and Retention of Records. Metro, the WSDOT 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 City's records with respect to all matters covered by this Agreement. 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 Agreement. All documents, papers, accounting records and other materials pertaining to costs incurred in connection with the study shall be retained by the City for three years from the date of completion of the study to facilitate any audits or inspections. C. The City shall forward quarterly progress reports and invoices to Metro by the 15th day of the month following the end of each quarter. The quarterly progress reports shall describe all work and progress made during the quarter on the study and provide any written reports prepared as part of the study. The quarterly invoices shall provide detailed information on the costs of the study and a detailed listing of local match and in-kind match costs, including the name of the staff person, number of hours of work on the study, and identification of other charges and costs directly related to the study for the purpose of providing match for the state grant funds. Metro shall make payment Page 3 of 6 to the City within thirty (30) days of receipt of an approved invoice, assuming all back-up information as identified above and necessary to support payment processing is provided with the invoice. III. MODIFICATION OF AGREEMENT This Agreement may only be modified in writing by agreement of both parties. IV. EXTENSION OF SCOPE AND DURATION OF AGREEMENT This Agreement shall take effect immediately upon its approval by Metro and the City, and shall remain in force until June 30, 1994, the end date of the current HCT grant contract between Metro and the WSDOT, unless otherwise modified or extended in writing by both parties. V. AGENCY CONTACT STAFF City of Kent Contact Staff Person: Ed White Transportation Engineer Metro Contact Staff Person: Val Batey Sr. Environmental Planner VI. NON—WAIVER No waiver by either party of any term or condition of this Agreement, including Attachment A, shall be deemed or construed as a waiver of any other term or condition, nor shall a waiver of any breach be deemed to constitute a Page 4of6 waiver of the same or a different provision of this Agreement. No waiver shall be effective unless made in writing. VII. INDEMNIFICATION A. The City agrees to defend, indemnify and hold harmless Metro, its officials, agents and employees from all claims, lawsuits and liabilities of any kind arising by reason of any acts or omissions of the City, its contractors, agents and employees related to this Agreement and the subject Kent Circulator Study, including but not limited to any claims which may be made by WSDOT. Likewise, Metro agrees to defend, indemnify and hold the City harmless, from any claims, lawsuits and liabilities of any kind arising by reason of any acts or omissions of Metro, its contractors, agents and employees related to this Agreement and the subject work, including but not limited to any claims which may be made by WSDOT. B. The City and Metro agree that, in the event that either party is required to institute legal action concerning this Agreement, such action shall be brought before the King County Superior Court. Vill. CHANGE OF PARTIES A. Effective January 1 , 1994, by operation of law, Metro will be consolidated with King County. Thereafter, the term "Metro" as used in this Agreement shall mean the consolidated government. B. The parties agree that Metro may assign this Agreement to the Regional Transit Authority (RTA) at any time after the formation of the RTA if the WSDOT grant agreement is so assigned. IX. MISCELLANEOUS A. Notices to City- - Until such time as the City notifies Metro in writing otherwise, all notices to the City required to be given under the terms of this Page 5of6 Agreement, unless otherwise specified herein, or as may be amended, shall be given in writing, addressed as follows: Ed White, Transportation Engineer Engineering Department City of Kent 220 4th Avenue South Kent, Washington 98032 B. Notices to Metro - Until such time as Metro notifies the City in writing otherwise, all notices to Metro required to be given under the terms of this Agreement, unless otherwise specified herein, or as may be amended, shall be given in writing, addressed as follows: Val Batey Regional Transit Project Metro MS-151 821 Second Ave. Seattle, WA 98104-1598 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. Approved as to form: E CITY OF KENT ayor Date MUNICIPALITY OF METROPOLITAN SEATTLE Administra ive Legal Counsel Executive Director Date Page 6 of 6 HCT Grant Funding Request 1993 - 1995 Biennium (July 1, 1993 - June 30, 1995) Jurisdiction: CITY OF KENT Project Title: Kent Circulator Study Funding Requested: $46, 250 1st Year 2nd Year Total State HCT Grant Funds $37 , 000 $ $37 , 000 Local Match $9 , 250 $ $9, 250 Total Project $46, 250 $ $46, 250 Project Description: Conduct a feasibility study to determine the best method of providing the necessary linkages between local transit service and the regional transit system. The main objectives of this study would be to: 1. Reduce congestion on local arterial by providing a convenient alternative to short auto trips from residential areas to potential HCT and Commuter Rail sites near the City's downtown core. 2 . Encourage the use of public transportation by identifying alternative methods for commuting through the use existing transit programs. 3 . Increase the amount of transit service currently being provided to the Kent area. Explanation of conformance with the proposed Regional Transit Plan: This study will meet the goals of the Regional Transit Plan in the following manner: 1. By connecting local and regional activity centers with high capacity transit. 2 . By connecting residential areas with activity centers through expanded transit service. 3 .By identifying and promoting programs to encourage transit use. Description of projected improvement in regional mobility: Though not directly impacting regional mobility, this study will provide a better means of access to the regional system. In this way the system will be available to a larger segment of the population in the Kent area. HCT Grant Funding Request 1993 - 1995 Biennium (July 1, 1993 - June 30, 1995) Project Title: Kent Circulator Study (Complete one page for each task) Task Description/Budget: Task No. 1 Description: Conduct a feasibility study to determine the best method of providing the necessary linkages between local transit service and the regional transit system. Major elements of this study are to include the following: 1. Demographic survey and inventory to determine size and character of potential service area. 2 . Identify potential service modes (i.e. shuttle, Park & Ride, DART, etc. ) to be used in determining service alternatives. 3 . Analyze impacts of future HCT station facility locations in relation to service alternatives identified above. 4 . Evaluate potential service alternatives. 5. Prepare supporting documentation for future pilot/demonstration project proposal . Product: Documentation supporting a future proposal for an area wide circulator system project in the Kent area.