HomeMy WebLinkAbout2016-08-23; City Council; Resolution 2016-167RESOLUTION NO. 2016-167
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA,APPROVING THE EXECUTION OF THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE SAN DIEGO ASSOCIATION OF
GOVERNMENTS AND THE CITY OF CARLSBAD,CALIFORNIA,FOR A
CARLSBAD TRANSPORTATION DEMAND MANAGEMENT PROGRAM.
WHEREAS,the City Council of the City of Carlsbad, California has determined that the city has
worked with the San Diego Association of Governments (SANDAG)on many regional active
transportation projects; and
WHEREAS,SANDAG is a regional government agency with member agencies in the San Diego
region including Carlsbad; and
WHEREAS,SANDAG has extensive expertise in Transportation Demand Management (TDM)
services, has developed a TDM guidebook and workshop series, and has a desire to support member
agencies with integration of TDM into the development process; and
WHEREAS,Carlsbad desires to develop a formal TDM Program to support policies included in
its General Plan and Climate Action Plan; and
WHEREAS,in order to expedite development of the formal TDM Program, Carlsbad desires to
enter into an MOU with SANDAG in order to access on-call professional services via the SANDAG Service
Bureau to develop the Carlsbad TDM Program.
NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Carlsbad, California,as
follows:
1.That the above recitations are true and correct.
2.The authorization and approval of entering into a Memorandum of Understanding
between the SANDAG and the City of Carlsbad for a Carlsbad TDM Program in an amount
not to exceed $250,000, and attached hereto as Attachment A.
PASSED,APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 23rd day of August, 2016, by the following vote, to wit:
AYES:Hall, Wood, Schumacher, Blackburn, Packard.
NOES:None.
ABSENT:None.
MAe/(1HAL, Mayor
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BAR:.4.'A ENGLESON,•4 Clerk
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
AND THE CITY OF CARLSBAD
FOR CARLSBAD TRANSPORTATION DEMAND MANAGEMENT PROGRAM
SANDAG CONTRACT NO. 5004878
This Nlemoranclum of Understanding ("MOU")is made and entered into effective as of this
ay of August 2016, (the "Effective Date") by and between the San Diego Association of
Governments ("SANDAG"), acting through its Service Bureau, and the City of Carlsbad
("CARLSBAD"), collectively "the Parties."
RECITALS
The following recitals are a substantive part of this MOU:
WHEREAS, SANDAG is a regional government agency with member agencies in the
San Diego region including CARLSBAD; and
WHEREAS, SANDAG has extensive expertise in Transportation Demand Management (TDM)
services, has developed a TDM guidebook and workshop series, and has a desire to support member
agencies with integration of TDM into the development process; and
WHEREAS, CARLSBAD desires to develop a formal TDM program to support policies included
in its General Plan and Climate Action Plan, and
WHEREAS, SANDAG on-call consultants have experience in developing formal TDM
programs including TDM training and implementation strategies, and
WHEREAS, in order to expedite development of the formal TDM program,CARLSBAD
desires to enter into an MOU with SANDAG in order to access on-call professional services via the
SANDAG Service Bureau to develop the CARLSBAD TDM program, including those key tasks
described in General Scope of Work, attached to this MOU as Exhibit A.
AGREEMENT
THEREFORE,the Parties agree as follows:
CARLSBAD AGREES:
1.CARLSBAD will serve as Project Manager and will be responsible for:
a.Providing project oversight and, in coordination with SANDAG, direction to the SANDAG
TDM consultant to develop the CARLSBAD TDM Program; and
b.Developing the consultant scope of work and schedule for use by SANDAG; and
c.Participating in the selection of a consultant; and
d.In consultation with SANDAG staff, directing the work of the consultant; and
e.In coordination with SANDAG, reviewing and approving consultant tasks and
deliverables; and
f.Reviewing invoices and providing input to SANDAG regarding payment for consultant's
services.
2.CARLSBAD will reimburse SANDAG for costs incurred for work associated with Project tasks
including, but not limited to,SANDAG fully loaded labor costs including the Service Bureau
Regional Information System fee, SANDAG reimbursable costs, and for contracted consultant
services.
SANDAG AGREES:
1.SANDAG will serve as Contract Manager and will be responsible for administering the
consultant services including:
a.Working with CARLSBAD to finalize the scope of work for consultant services; and
b.Procuring the consultant according to proper procurement procedures and
administering the consultant task order; and
c.Managing the consultant to ensure project timelines are met and tasks and deliverables
are completed in a satisfactory manner to both SANDAG and CARLSBAD; and
d.Providing contract oversight to ensure the proposed work is consistent with the project
scope of work in addition to the terms and conditions provided in the agreement
between SANDAG and the consultant;
e.Reviewing and providing input to CARLSBAD on consultant tasks and deliverables; and
f.Paying consultant invoices after obtaining approval from CARLSBAD; and,
2.SANDAG will provide general guidance to CARLSBAD to develop the TDM Program; and
3.SANDAG will attend up to 18 Project Team meetings; and
4.SANDAG will send quarterly invoices to CARLSBAD in order to be reimbursed for all payments
made directly to consultant and for SANDAG related costs.
THE PARTIES MUTUALLY AGREE:
1.Any correspondence required or permitted under this MOU, including invoices, may be
personally served on the other party, by the party giving notice, or may be served by
certified mail, return receipt requested, to the following addresses:
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For SANDAG Service Bureau For CITY OF CARLSBAD
401 B Street, Suite 800 1635 Faraday Avenue
San Diego, CA 92101 Carlsbad, CA 92008
Attention:Cheryl Mason Attention: Lolly Sangster
Email: cheryl.mason@sandag.org Email: lolly.sangster@carlsbadca.gov
Phone: (619) 699-1951 Phone: (760) 602-2772
2.The term of the agreement is the effective date of the agreement through August 31,2018,
unless extended by written agreement of the Parties.
3.CARLSBAD shall pay a total not to exceed $250,000 to SANDAG,of which $30,000 will be for
SANDAG Service Bureau's costs, including SANDAG miscellaneous reimbursable expenses,
and up to $220,000 for consultant services costs. For services rendered by SANDAG pursuant
to this Agreement, SANDAG shall be paid a total not to exceed $250,000. This amount shall
be known as the "Maximum Amount of the Agreement." Should additional work be
needed under this scope that exceeds the maximum amount of the agreement,CARLSBAD
shall notify SANDAG and an amendment would be issued prior to conducting the additional
work.
4.CARLSBAD shall pay SANDAG for services within 30 days after the invoice date.
5.It is agreed that SANDAG is an independent contractor and is not an agent or employee of
CARLSBAD.
6.All documents and other information developed or received by SANDAG shall be the
property of CARLSBAD. SANDAG will keep a copy of work as part of the project file and
shall provide CARLSBAD with all original work products arising from this Agreement upon
demand or upon termination of this Agreement and payment by CARLSBAD. CARLSBAD
acknowledges that SANDAG is a public agency, and as such all records, emails, documents,
drawings, plans, specifications, and other materials in SANDAG's possession, or the
possession of SANDAG's consultant, including materials submitted by CARLSBAD, are subject
to the provisions of the California Public Records Act (Government Code Section 6250 et
seq.). Any reports, information, data, etc., given to SANDAG under this Agreement that
CARLSBAD has marked as confidential or for deliverables prepared or assembled by
SANDAG that CARLSBAD requests SANDAG to mark as confidential, will not be disclosed to
the public without CARLSBAD's knowledge or a court order. Upon request by SANDAG and
written approval by CARLSBAD, SANDAG shall have the right to use such work product for
other projects.
7.SANDAG and CARLSBAD agree to hold each other and their respective elective and
appointive boards, officers, agents and employees harmless from any and all claims,
liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death
of any person, or damage to property, or interference with use of property, arising out of or
in any way connected with their respective comparative fault under this Agreement.
8.Either party may at any time terminate this Agreement for any reason, or no reason, by
giving 45 calendar days' written notice of termination. Upon termination,SANDAG will be
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paid the reasonable value for services actually performed, based upon the compensation
and payment provisions set forth in this Agreement.
9.This Agreement constitutes the entire Agreement between the parties and supersedes any
previous agreements, oral or written. This Agreement may be modified only by subsequent
mutual written amendment to the agreement executed by the parties.
10.This Agreement shall be construed in accordance with the laws of the State of California.
Any action commenced about this Agreement shall be filed in the San Diego County
Superior Court.In the event of any such litigation between the parties, the prevailing party
shall be entitled to recover all reasonable costs incurred, including reasonable attorneys'
fees,as determined by the court.
11.This Agreement shall be interpreted as though prepared by both parties. Article headings in
this Agreement shall not be used to alter the plain meaning of the text in this Agreement.
12.The persons executing this Agreement on behalf of the parties warrant that they are duly
authorized to execute this Agreement.
13.SANDAG proposes to assign Cheryl Mason as its Contract Manager and Marisa Mangan as its
Project Manager to provide supervision and have overall responsibility for this Agreement.
The Contract Manager and Project Manager shall not be removed from the project or
reassigned without prior approval of CARLSBAD.
IN WITNESS WHEREOF,the Parties have executed this MOU effective on the day and year
first above written.
SAN DIEGO ASSOCIATION OF GOVERNMENTS CITY OF CARLSBAD
(•A AL
KURT KRONI GER MAT HALL
Department Director of Technical Services Mayor
APPROVED AS TO SUFFICIENCY APPROVED AS TO SUFFICIENCY
OF FORM AND LEGALITY:OF FORM AND LEGALITY:
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Office of General Counsel Legal Counsel
Exhibit:
Exhibit A: General Scope of Work
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EXHIBIT A
GENERAL SCOPE OF WORK
PROJECT DESCRIPTION
Supporting member agencies with expanding transportation demand management (TDM) policies
and programs is a recommended strategy in San Diego Forward: The Regional Plan. SANDAG staff
developed a guidebook for local jurisdictions on integrating TDM into their planning and
development processes in 2012.Subsequently,SANDAG converted the guidebook into a training
program/workshop series in 2014.CARLSBAD is seeking professional services from the SANDAG
consultant team to adapt and customize the workshop materials to inform the development of a
formal TDM program for CARLSBAD pursuant to the city's recently adopted General Plan and
Climate Action Plan.
GENERAL SCOPE OF WORK
CARLSBAD and SANDAG will use the following key tasks to guide the development of a detailed
scope of work and procure professional consultant services to develop the Carlsbad TDM program.
1.Research TDM strategies for cities, employers, and developers and provide a detailed summary
of case study research.
2.Prepare and conduct TDM training workshops for City of Carlsbad staff to enhance their
understanding of traditional and emerging TDM strategies and how they can be integrated
into a formal TDM program.
3.Coordinate and facilitate a series of internal working group sessions comprised of key city
staff, SANDAG TDM division staff, and TDM consultant to determine how the TDM program
could be applied to various developments and employment sites while also establishing
measurable program goals.
4.Conduct an agreed upon number of workshops to obtain feedback on all aspects of TDM
program development from a CARLSBAD Stakeholder Advisory Group potentially composed
of employers,business associations/chamber representatives,developers and building
association representatives, advocacy groups, and community planning groups.
5.Develop a formal TDM ordinance and implementation manual that clearly conveys
applicability, requirements, monitoring, and enforcement details as well as an administration
plan and budget.
6.Develop a customized commuter benefit program for the City of Carlsbad aimed at reducing
single-occupant vehicle trips among city employees.
The above referenced task is to be completed within two years of the executed agreement.
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