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HomeMy WebLinkAbout1999-10-26 - AGENDA REPORTS - TRAF MODEL AGMT (2)CITY OF SANTA CLARITA AGENDA REPORT NEW BUSINESS City Manager Appro-, Item to be presented DATE: October 26, 1999 SUBJECT: TRAFFIC MODEL USER AGREEMENTS DEPARTMENT: Transportation & Engineering Services RECOMMENDED ACTION City Council approve the two user agreements for leasing the Joint City/County Traffic Model; and authorize the City Manager or designee to execute the user agreements when necessary, subject to City Attorney approval. BACKGROUND In June 1992, the City Council and the Board of Supervisors entered into an agreement to develop a valleywide consolidated traffic model. The purpose of the model is to assist staff in both agencies in developing short- and long-term traffic circulation and land use studies. The City and County spent $125,000 in developing this model. Since 1992, on several occasions the City has retained the services of a private consultant to update, modify, and improve the use of the traffic model. The County of Los Angeles has also spent a significant amount of staff time updating and improving the model over the past several years. Due to unavailability of expertise in traffic modeling in the City, the County of Los Angeles has been the sole agency responsible for model maintenance until recently. The City has now retained traffic engineering staff with specific expertise in traffic modeling, and all future traffic modeling needs in the City can be performed in-house. Purpose of User Agreements The City and County recognize the need to cooperate on decisions involving traffic circulation and land use in the Santa Clarita Valley. Staff also recognizes that the traffic model requires periodic maintenance and updating, amounting to several thousand dollars in direct cost and/or staff time every year. Additionally, the City and County need to ensure the traffic model is used appropriately if and when used by third party sources. TRAFFIC MODEL USER AGREEMENTS October 26, 1969 — Page 2 Hence, City and County staff have coordinated efforts to prepare appropriate traffic model user agreements to address the above issues. The following user agreements will enable the City and County to recoup a small portion of the ongoing maintenance cost of the traffic model. The agreements will also ensure the appropriate use of the model by third parties. Two versions of the agreement are prepared. The full agreements are attached as Exhibits "1" and "2." A summary of each agreement is referenced below: Version 1: Traffic Model User Agreement for Limited Usage: This agreement is intended to be used for the testing of developments or projects where the user has an ownership interest of 25 percent or more, whether through a corporation, partnership, trust, joint venture, sole ownership, or any other form of ownership. Should the user release the traffic model to any third party, the user shall be strictly responsible to ensure the traffic model is utilized solely for projects owned by the user. The term of this agreement shall be three years, and the user shall pay a one-time fee of $15,000 to be distributed to the City and County on a 50/50 ratio. Version 2: Traffic Model User Agreement for Blanket Usage: This agreement is intended to be used by a user when the user is authorized to temporarily release the traffic model to other persons or entities for testing of specific developments or projects, as long as the user is a principal contractor or service provider involved in the development or project, and only for such time. The user is not authorized to sell, license, assign, lend, convey, or otherwise transfer or supply the traffic model to any person or entity for any purpose whatsoever, whether or not for profit. This agreement enables the user to use the traffic model for more than one project or development. The term of this agreement shall be three years, and the user shall pay a one-time fee of $30,000 to be distributed to the City and County on a 50/50 ratio. The City Attorney and County Counsel have reviewed and approved the two user agreements as to form. ALTERNATIVE ACTIONS Other actions as determined by City Council. FISCAL IMPACT None at this time. Should a user lease the Joint City/County Traffic Model, the proceeds will be distributed to the City and County of Los Angeles at a 50/50 ratio. TRAFFIC MODEL USER AGREEMENTS October 26, 1999 — Page 3 ATTACHMENTS Exhibit 1: User Agreement for Traffic Modeling Data (Limited Usage) Exhibit 2: User Agreement for Traffic Modeling Data (Blanket Usage) RJR:lkI council\t&.del.doc