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HomeMy WebLinkAboutResolution_ChairSignature_WSDOTFundingAgmt_QUADCOKITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS AGENDA STAFF REPORT AGENDA DATE: June 6, 2023 ACTION REQUESTED: Request to Approve a Resolution Authorizing Chair Signature on the funding agreement with Washington State Department of Transportation and the Quad County Regional Transportation Planning Organization. BACKGROUND: Kittitas County is a member agency of the Rural Transportation Planning Organization formed as the Quad County Regional Transportation Planning Organization (QUADCO). QUADCO member agencies include Grant County, Adams County, Lincoln County and the cities and towns within the four -county region that are signatory to the QUADCO Inter -Local Agreement. QUADCO was established in 1992 to ensure local and regional coordination of transportation plans. Lead planning agency responsibilities were recently updated to rotate between each of the four county public works department every four years. For the biennium beginning July 1, 2023, and extending through June 30, 2025, Kittitas County Public Works will be the lead agency for the planning organization. This will complete the four-year rotation. Transportation and related planning activities by major activity and task which are to be performed by QUADCO over the course of the biennium are documented in a Unified Planning Work Program (UPWP). QUADCO has submitted the UPWP to Washington State Department of Transportation (WSDOT) for approval. As lead agency, Kittitas County is eligible to receive reimbursement of costs for work completed as part of the UPWP. For Kittitas County to receive reimbursement a funding agreement with WSDOT is required. Funding Agreement Number GCB 3863 is the WSDOT provided agreement which allows for reimbursement of costs. INTERACTION: Public Works and QUADCO RECOMMENDATION: Move to sign the resolution authorizing Chair signature on the funding agreement between QUADCO and WSDOT. HANDLING: Return two (2) signed originals to Public Works ATTACHMENTS: Resolution authorizing execution of funding agreement between QUADCO and WSDOT; WSDOT funding agreement GCB 3863. LEAD STAFF: Joshua Fredrickson, County Engineer BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO.2023 - AUTHORIZING CHAIR SIGNATURE OF QUADCO AGREEMENT WITH WASHINGTON STATE DEPARTMENT OF TRANSPORTATION WHEREAS: Quad County Regional Transportation Planning Organization, hereinafter referred to as QUADCO, was established in 1992, pursuant to the Inter - Local Cooperation Act of 1967, Chapter 39.34 RCW and the Growth Management Act of 1990; and WHEREAS: Member agencies of QUADCO consist of Grant County, Adams County, Lincoln County, Kittitas County and the cities and towns within the four - county region that are signatory to the QUADCO Inter -Local Agreement; and WHEREAS: The lead planning agency rotates between each of the four county public works departments and Kittitas County Department of Public Works has been designated as lead planning agency from July 1, 2023, through June 30, 2025; and WHEREAS: QUADCO submitted to Washington State Department of Transportation (WSDOT) a Unified Planning Work Program (UPWP) identifying QUADCO's work proposed for the next two-year period by major activity and task; and WHEREAS: As lead agency Kittitas County is eligible to receive reimbursement from WSDOT for work approved as part of the UPWP; and WHEREAS: WSDOT Agreement No. GCB 3863 between WSDOT and QUADCO is necessary to provide for cost reimbursement; and WHEREAS: WSDOT requested QUADCO signature to Agreement No. GCB 3863 as shown in Exhibit A; and NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, in the best interest of the public, does hereby authorize the Chair signature on WSDOT Agreement No. GCB 3863. DATED on this 6th day of June 2023, at Ellensburg, Washington. Attest: ❑ Clerk of the Board- Julie Kjorsvik ❑ Deputy Clerk of the Board- Mandy Buchholz BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Cory Wright, Chairman Brett Wachsmith, Vice -Chairman Laura Osiadacz, Commissioner Addalk �WaSh Oon sta4e —/— Depar$:menq of Ti wsnsporrftaa5on Regional Transportation Planning Organization Agreement Agreement No. GCB 3863 Lead Planning Agency Kittitas County Public Works 411 N. Ruby St., Suite 1 Ellensburg, WA 98926 Start Date 7/1 /2023 End Date 6/30/2025 Regional Transportation Planning Organization Quad -County RTPO County(ies) included in the RTPO Adams, Grant, Kittitas, Lincoln This Agreement, is entered into on the Start Date under Term of Agreement above, regardless of the date of signature execution, between the Washington State Department of Transportation "WSDOT, acting by and through its Director, Multimodal Planning and Data Division and the Tribal and Regional Integrated Planning office, hereinafter called the "STATE," and the above named Regional Transportation Planning Organization, hereinafter called the "RTPO," collectively referred to as "Parties" and individually as "Party" and "RTPO." Recitals 1. The above named county(ies) has (have) created a RTPO in accordance with the requirements set forth in RCW 47.80.020; 2. The STATE has available funds, which have been allocated to it: (a) State RTPO funds; and/ or (b) possibly other state funds which can be used to facilitate regional transportation planning. NOW THEREFORE, pursuant to RCW 39.34 and RCW 47.80, the above recitals that are incorporated herein as fully set forth below, and in consideration of the terms, conditions, and promises contained herein, and/or attached hereto as Exhibits, and by this reference made a part of this Agreement, it is mutually agreed as follows: Work Scope and Budget 1.1 The work scope and budget for the RTPO planning activities funded by this Agreement shall be documented annually (or biennially with an annual review) in a Unified Planning Work Program hereinafter called "UPWP". The UPWPs are kept on file in WSDOT Headquarters, Tribal and Regional Integrated Planning office. 1.2 The UPWP Guidance developed jointly by the State, FHWA, FTA, and the MPOs/RTPOs by December 31 each year will serve as a resource for developing the UPWPs. The UPWP Guidance includes key emphasis areas for work tasks to accomplish UPWP purposes. 1.3 The STATE will inform the RTPO of expected allocations of STATE RTPO funds and any other STATE -administered funds that are available to RTPOs by December 31 each year for the following State fiscal year, which is defined as July 1 to June 30 for all RTPOs. The STATE will inform the RTPO of expected allocations of State RTPO funds that are available to RTPOs by December 31 of even -numbered years for the following biennium. The RTPO will then prepare a draft UPWP and submit the draft to the STATE by the specific dates listed in the UPWP Guidance for RTPOs (UPWP Guidance). The final UPWP shall be adopted by the RTPO and submitted to the STATE for approval prior to June 15, preceding the start of each subject state fiscal year (or biennium). The STATE shall notify the RTPO, in writing, of its approval of the UPWP for the subject fiscal year by June 30 of each year, unless otherwise noted in the UPWP Guidance. However, the RTPO may prepare a two-year UPWP if it desires. Written amendments to the UPWP may be required in order to authorize expenditures of all federal and state funding. Changes to the federal surface transportation act may also necessitate amendments to UPWPs approved by the RTPO Policy Board and the STATE. 1.4 The UPWP shall document all transportation and related planning activities for the ensuing state fiscal year, July 1 to June 30, unless otherwise noted in the UPWP Guidance. Each RTPO, in cooperation with the STATE and public transportation operator(s), shall develop a UPWP that includes a discussion of the planning priorities facing the RTPO. The UPWP shall identify work proposed for the next one- or two-year period by major activity and task, in sufficient detail to indicate whether the RTPO, STATE, public transportation operator(s), local government, consultant(s), or other identified Party, will perform the work, the schedule for completing the work, the resulting products, the proposed funding by activity/task, and a summary of the total amounts and sources of federal and matching funds. The RTPO shall perform the approved work tasks within the approved budget during the subject state fiscal year. 1.5 Should the Parties decide it is mutually beneficial for the STATE to perform specific work tasks identified in the UPWP, the Parties agree that the STATE may retain actual costs as documented in writing and approved by the RTPO. 2 Planning Standards and Guidelines 2.1 The RTPO shall comply with the most current Planning Standards and Guidelines developed by the STATE for the RTPO, RCW 47.80, and any amendments made thereto. 3 Payment 3.1 The STATE agrees to reimburse the RTPO's actual direct and related indirect costs of work approved as part of the UPWP. The maximum amount that the STATE shall reimburse the RTPO shall not exceed the total amount identified in funding authorization letters provided by the STATE, less any amounts retained by the STATE to cover costs for all agreed upon work performed by the STATE. 3.2 All indirect costs will be based on a cost allocation plan or indirect cost rate proposal that is approved by the RTPO Policy Board annually and maintained on file by the RTPO for audit purposes. If indirect costs are based on an approved cost allocation plan, the RTPO will provide a copy to TRIP annually, or when updated. 3.3 The RTPO may submit requests to the STATE for reimbursement of funds as they are expended on UPWP activities at any time, but not more frequently than one (1) such request every month. Such requests for reimbursement shall document the amount of funds that have been expended during the UPWP period, as well as for the current billing period. The request for reimbursement shall contain sufficient detail to inform the STATE and any other entities providing funding for the work as to the progress on each work element contained in the UPWP. Requests for reimbursement should be submitted to TRCOFiscal@wsdot.wa.gov. The STATE shall review and approve each request for payment and shall reimburse the RTPOs no later than fifteen (15) business days after the date of receipt by the STATE. 4 Reports 4.1 The RTPO shall communicate with the STATE from time to time, or as often as required by the STATE, during the term of this Agreement to keep the STATE up to date about the progress of the work being performed as described in the UPWP. The STATE reserves the right to request interim written progress reports during the fiscal year, if the RTPO's monthly billing report is deemed insufficient in detail, the RTPO undergoes major structural changes, or there are changes to the RTPO's core organizational functions/activities. The interim reports are due to the STATE within twenty-one (21) calendar days of being notified in writing by the STATE. The interim reports shall include a summary of work progress during the course of the fiscal year, costs incurred in accordance with the approved UPWP and budget, and progress to date, including any problems or work delays. The STATE may delay reimbursement of billings if the requested interim reports are not submitted as specified. 4.2 On or before September 30 of every calendar year, unless otherwise noted in the UPWP Guidance, after the conclusion of each state fiscal year, the RTPO shall prepare and submit to the STATE a performance and expenditure report for the prior state fiscal year. This final report shall summarize work accomplished under the UPWP, costs incurred by work element, and identify any carryover of funds. Each annual performance and expenditure report must contain at a minimum: a. Comparison of actual performance with established goals; b. Progress in meeting schedules; c. Status of expenditures in a format compatible with the work program, including a comparison of budgeted (approved) amounts and actual costs incurred; d. Cost overruns or underruns; e. Approved work program revisions; and f. Other pertinent supporting data. 4.3 Reports as described in this section and other documentation or correspondence related to this Agreement should be sent via email to WSDOT's Tribal and Regional Integrated Planning Office at trpo(a)wsdot.wa.gov. 5 Assignment of Work Items 5.1 5.1 The work items may be accomplished by joint effort between the staff of the RTPO, the STATE, public transportation operator(s), and/or local government agencies. Such assignments will be clearly listed in the UPWP. 6 Project Records 6.1 6.1 The RTPO shall establish and maintain books, records, documents, and other evidence and accounting procedures and practice, sufficient to reflect properly all direct and indirect costs of whatever nature incurred and anticipated to be incurred for the performance of this Agreement. To facilitate the administration of the RTPO, separate accounts shall be established and maintained within the RTPO's existing accounting system or an independent accounting system may be set up for all eligible costs. Costs in excess of the latest approved budget, or attributable to actions which have not received the written approval of the STATE, shall not be eligible for reimbursement. All costs charged to the RTPO, including any approved services contributed by the RTPO or others, shall be supported by executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges as the STATE deems appropriate. 7 Audits, Inspection, and Retention of Records 7.1 The STATE, the State Auditor, and/or 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 RTPO records, paper and electronic, with respect to all matters covered by this Agreement. Such entities and their representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make copies of all contracts, invoices, materials, payrolls, and other matters covered by this Agreement. All documents, papers, accounting records, and other material pertaining to costs incurred in connection with this Agreement shall be retained by the RTPO for six (6) years from the date of final payment to facilitate any audits or inspections. 7.2 Furthermore, if any litigation, claim, or audit arising out of, in connection with, or related to this Agreement is initiated before the expiration of the six -year period, the cost records and accounts shall be retained until such litigation, claim, or audit is completed. 7.3 All RTPOs are subject to audits by the State Auditor's Office. 8 Modifications 8.1 Either Party may request changes to the provisions of this Agreement and to the UPWP that will be developed. Changes to the work scope and budget changes shall be made by written amendment to the UPWP by the RTPO and approved in writing by the STATE. Other changes to this Agreement 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. 9 Termination 9.1 This Agreement expires on the End Date under Term of Agreement above. If it is determined to be in the best interests of the STATE, the STATE may terminate this Agreement upon giving thirty (30) calendar days' notice in writing to the RTPO. If this Agreement is terminated prior to fulfillment of the terms stated herein, the RTPO shall be reimbursed only for actual expenses and non -cancelable obligations, both direct and indirect, incurred to the date of termination as determined by the STATE. The STATE will work with the RTPO to determine what obligations are non -cancelable. 10 Travel 10.1 Current state travel rates shall apply to all in -state and out-of-state travel for which reimbursement is claimed during the term of this Agreement. Reimbursement of travel expenses is limited to travel necessary for the completion of the UPWP tasks. All travel by RTPOs using state funds is subject to state travel rules as outlined in the State Administrative & Accounting Manual (SAAM). In addition, all travel by the RTPO must be in compliance with its own internal policies, those of the fiscal agent, or the State's policies, whichever is more restrictive. 11 Subcontracting and Equipment 11.1 The RTPO shall not assign, sublet, or transfer any of the work provided for under this Agreement without prior written approval from the STATE. The Tribal and Regional Integrated Planning Office in WSDOT's Multimodal Planning and Data Division shall have fourteen (14) calendar days to review and approve any RTPO consultant agreements prior to execution. The basis of review for proposed consultant agreements will be to ensure that the necessary terms and requirements have been incorporated into the agreement. The RTPO shall comply with all current state laws and regulations governing the selection and employment of consultants. Subcontracts for consultant services must contain all the required provisions of this Agreement to the extent applicable. 11.2 If any equipment is purchased under this Agreement, it shall be listed in the UPWP. All equipment must be purchased, managed, and disposed of in accordance with all current federal and state laws and regulations, and the nondiscrimination provisions of Section 15 of this Agreement. The procurement of all equipment must be used for the sole purpose of regional transportation planning activities. Requests related to this provision shall be emailed to trpo@wsdot.wa.gov. 12 Purchases 12.1 The RTPO shall make purchases of any equipment, material, incidental goods, or supplies, pursuant to this Agreement through procurement procedures approved in advance by the STATE. Any subcontractors hired by the RTPO shall follow the same procurement practices. 13 Personal Liability of Public Officers 13.1 No officer or employee of the STATE shall be personally liable for any acts or failure to act in connection with this Agreement, it being understood that in such matters they are acting solely as agents of the STATE. 14 Ethics 14.1 Code of Ethics. The RTPO agrees to maintain a written code or standard of conduct that shall govern the performance of its officers, employees, board members, or agents engaged in the award and administration of contracts supported by state assistance. The code or standard shall provide that RTPO officers, employees, board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential contractors or subrecipients. The MPO/ RTPO may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. The code or standard shall prohibit RTPO officers, employees, board members, or agents from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. As permitted by state or local laws or regulations, such codes or standards shall include penalties, sanctions, or other disciplinary actions for violations by RTPO officers, employees, board members, agents, or by subcontractors, subrecipients, or their agents. 14.2 Personal Conflict of Interest. RTPO codes or standards shall prohibit RTPO employees, officers, board members, or agents from participating in the selection, award, or administration of a contract supported by federal funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when any of the parties set forth below has a financial or other interest in the firm or entity selected for award: a. The employee, officer, board member, or agent of the RTPO; b. Any member of the immediate family, including any partner, of RTPO employees, officers, c. board members, or agents; and d. An organization that employs, or is about to employ, any of the above. 14.3 Organizational Conflict of Interest. The RTPO code or standard of conduct must include procedures for identifying and preventing real and apparent organizational conflicts of interests. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third -party contract may, without some restrictions on future activities, result in an unfair competitive advantage to the third -party contractor or impair its objectivity in performing the contract work. 14.4 Bonus or Commission. The RTPO affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its application for financial assistance. 14.5 Relationship with Employees and Officers of the STATE. The RTPO shall not extend any loan, gratuity, or gift of money in any form whatsoever to any employee or officer of the STATE, nor shall the RTPO rent or purchase any equipment and materials from any employee or officer of the STATE. 14.6 Restrictions on Lobbying. The RTPO agrees to refrain from using state assistance funds to support lobbying; 14.7 Employee Political Activity. To the extent applicable, the RTPO agrees to comply with the provisions of the Hatch Act of 1939, 5 U.S.C. §§ 1501 through 1508, 7324-7326, and Office of Personnel Management regulations, 'Political Activity of State or Local Officers or Employees," 5 C.F.R. pt. 151. The Hatch Act of 1939 limits the political activities of state and local agencies and their officers and employees, whose principal employment activities are financed in whole or in part with federal funds including a loan, grant, or cooperative agreement. Nevertheless, in accordance with 23 U.S.C. § 142(g), the Hatch Act of 1939 does not apply to a nonsupervisory employee of a transit system (or of any other agency or entity performing related functions) receiving FTA assistance to whom the Hatch Act of 1939 does not otherwise apply. 14.8 False or Fraudulent Statements or Claims. The RTPO acknowledges and agrees that the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq., and USDOT regulations, Program Fraud Civil Remedies, 49 C.F.R. pt. 31, apply to its activities. Accordingly, by executing this Agreement the RTPO certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, or it may make in connection with the administration of the RTPO covered by this Agreement. In addition to other penalties that WSDOT reserves the right to impose on the RTPO, the RTPO also acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to WSDOT or the Federal Government, WSDOT and the Federal Government, each, reserves the right to impose the penalties of the Fraud Civil Remedies Act of 1986, as amended, on the RTPO to the extent either deems appropriate. 15 Compliance with Laws and Regulations 15.1 The RTPO agrees to abide by all applicable state and federal laws and regulations including but not limited to, those concerning employment, equal opportunity employment, nondiscrimination assurances, project record keeping necessary to evidence compliance with such federal and state laws and regulations, and retention of all such records. The RTPO will adhere to all applicable nondiscrimination provisions in chapter 49.60 RCW. Except when a federal statute or regulation preempts state or local law, no provision of the AGREEMENT shall require the RTPO to observe or enforce compliance with any provision, perform any other act, or do any other thing in contravention of state or local law. If any provision or compliance with any provision of this AGREEMENT violate state or local law, or would require the RTPO to violate state or local law, the RTPO agrees to notify WSDOT immediately in writing. Should this occur, WSDOT and the RTPO agree to make appropriate arrangements to proceed with or, if necessary, expeditiously, terminate the AGREEMENT. 16 Venue and Process 16.1 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 PARTIES agree that the laws of the State of Washington shall apply. 17 Legal Relations 17.1 Each Party to this Agreement will protect, defend, indemnify, and save harmless the other Party, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims, judgments, and/or awards of damages (both to persons and property), arising out of, or in any way resulting from, each Party's negligent acts or omissions with respect to the provisions of this Agreement. Neither Party will be required to indemnify, defend, or save harmless the other Party if the claim, suit, or action for injuries, death, or damages (both to persons and property) is caused by the sole negligence of the other Party. Where such claims, suits, or actions result from the concurrent negligence of the Parties, their agents, officials or employees, and/or involve those actions covered by RCW 4.24.115, the indemnity provisions provided herein will be valid and enforceable only to the extent of the negligence of the indemnifying Party, its agents, officials or employees. 17.2 Further, the RTPO specifically assumes potential liability for actions brought by RTPO's own employees or agents against the STATE and, solely for the purpose of this indemnification and defense, the RTPO specifically waives any immunity under State industrial insurance laws, Title 51 RCW. The provisions of this Section shall survive the termination of this Agreement. 18 Independent Contractor 18.1 The RTPO shall be deemed an independent contractor for all purposes and the employees of the RTPO or any of its contractors, subcontractors and the employees thereof, shall not in any manner be deemed to be employees of the STATE. 19 Liability 19.1 No liability shall attach to the STATE by reasons of entering this Agreement except as expressly provided herein. 20 Severability 20.1 If any covenant or provision in this Agreement shall be adjudged void, such adjudication shall not affect the validity, obligation, or performance of any other covenant or provision which in itself is valid, if such remainder would then continue to conform to the terms and requirements of applicable law and this Agreement. 21 Disclosure of Agency Records 21.1 The RTPO understands and agrees that the Public Records Act, RCW 42.56 applies to the information and documents, both paper and electronic, submitted to the STATE. The RTPO should therefore be aware that all applications and materials submitted will become agency records and are subject to public release through individual public disclosure requests. 22 Authority to Sign 22.1 The undersigned acknowledges that they are authorized to execute this Agreement and bind their respective agencies to the obligations set forth herein. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date signed last by the Parties below. REGIONAL TRANSPORTATION PLANNING ORGANIZATION WASHINGTON STATE DEPARTMENT OF TRANSPORTATION Signed: Signed: Printed Name: Printed Name: Norene Pen Title: Title: Acting Director, Multimodal Planning and Data Division Date: Date: