Loading...
HomeMy WebLinkAbout5519ORDINANCE NO.5 51 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING FEDERAL TEA -21 GRANT FUNDS WITH LOCAL MATCHING FUNDS AS PROVIDED IN LOCAL AGENCY AGREEMENT GCA -2304 BETWEEN THE CITY AND THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION FOR IMPLEMENTING THE COMMUTE TRIP REDUCTION ORDINANCE. WHEREAS, the City Council of the City of Auburn must adopt and approve all appropriations by Ordinance pursuant to Chapter 35A.33 RCW. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Pursuant to Chapter 35A.33 RCW, the City Council hereby approves the expenditure and appropriation of Federal TEA -21 Grant Funds in the amount of $11,078.47 with local matching funds of $1,728.96 from the General Fund for implementing Commute Trip Reduction. The Mayor and City Clerk are hereby authorized to execute Local Agency Agreement GCA -2304 between the City and the Washington State Department of Transportation, a copy of which is attached hereto as Exhibit "A" and is incorporated herein by reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Ordinance No. 5519 February 28, 2001 Page 1 Section 3. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. INTRODUCED: March 19, 2001 PASSED: March 19, 2001 APPROVED: Mach 19, 2001 CHARLES A. BOOTH MAYOR ATTEST: Danielle E. .. City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney PUBLISHED: Z Z O Ordinance No. 5519 February 28, 2001 Page 2 Washington State Department of Transportation City of Auburn 310 Maple Park Avenue 25 W Main St PO Box 47387 Auburn, WA 98002 Olympia, WA 98504-7387 Federal Tax ID: Contact Person: Hiep Tran Contact Person: Joe Welsh, (253) 804-5050 :GCAer230]4 greeStart Date Federal Local Total Project Title: umber Commute Trip Reduction Oct. 1, 2000 $11,078.47 $1,728.96 $12,807.43 Implementation Plans and Enhancement THIS AGREEMENT made and entered into this fust day of October, 2000 between the Washington State Department of Transportation, hereinafter called "WSDOT" and the legal entity as shown above hereinafter referred to as the "Contractor". WITNESS THAT: WHEREAS, the 1998 Legislature has provided WSDOT $4.9 million of Congestion Mitigation and Air quality (CMAQ) Improvement funds under the federal Transportation Efficiency Act for the 21" Century (TEA -21) account to support and implement the employer's Commute Trip Reduction (CTR) (RCW 70.94.521-551) Program; and WHEREAS, the CMAQ Improvement program is to fund transportation projects or programs that will contribute to the attainment of or the maintenance of the national ambient air quality standards for ozone and carbon monoxide (CO); and WHEREAS, the goals of the CTR (RCW 70.94.521-551) Law are to reduce traffic congestion, air pollution and petroleum consumption through employer -based programs that reduce the number of commute trips in single occupant vehicles (SOV); and WHEREAS, WSDOT coordinated a multi jurisdition work group process to develop criteria to provide funding to counties and cities to support and enhance employers' CTR programs; and WHEREAS, WSDOT, based on project needs, has approved the Contractor's project as one that best meets the purpose and criteria of the CMAQ funds program; NOW, THEREFORE, in consideration of the mutual covenants herein set forth, WSDOT and the Contractor agree as follows: General The purpose of this agreement is for WSDOT to provide funding to the Contractor to provide technical assistance and financial support to employers to overcome specific barriers for a more successful implementation of their CTR program. 11 Scope of Work The scope of work is described in the Exhibit I III Time for Beginning and Completion The work to be performed under this Agreement shall begin on October 1, 2000 and shall terminate on September 30, 2002 , or earlier if the project is completed, unless terminated sooner as provided herein. IV Termination WSDOT, at its sole discretion, may terminate this Agreement in whole, or from time to time in part, whenever: I. The Contractor has breached the contract, and after fourteen (14) days written notice, has failed to correct any of the terms and conditions of this Agreement; 2. The requisite state or federal funding is reduced or becomes unavailable through failure of appropriation or otherwise; 3. WSDOT determines that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds; or EXHIBIT A ORD. NO. 5519 4. A request to terminate in whole or in part has been made in writing by the Contractor and approved by the WSDOT. The Contractor may not unilaterally terminate this Agreement. If this Agreement is terminated prior to fulfillment of the terms stated herein, the Contractor shall be reimbursed only for actual and eligible Federal Share expenses incurred on the Project prior to the date of termination, and only to the extent of appropriated funds. V Project Reimbursement and Payment WSDOT shall reimburse the Contractor for eligible Project costs not exceeding $11,078.47 (Federal funds). WSDOT will reimburse the Contractor only for actual and eligible direct Project costs. Payment will be made on a quarterly incremental, reimbursable basis. Payment is subject to the submission to and approval by WSDOT of properly prepared invoices accompanied by quarterly progress reports and financial summaries. Requests for payment accompanied by a quarterly report shall be submitted within forty five (45) days after the end of each quarter. The Contractor's final payment request must be received by WSDOT no later than forty five (45) days after the project completion date or forty five (45) days after the termination date of this Agreement, whichever is applicable. Any payment request received after forty five (45) days of the project completion date or forty (45) days of the termination date, whichever is applicable, will not be eligible for reimbursement. VI Recapture Provision In the event that the Contractor fails to expend funds in accordance with federal and state law and/or the provisions of this Agreement, WSDOT reserves the right to recapture state funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for a period not to exceed three (3) years following termination of the Agreement. Repayment by the Contractor of federal and state funds under this recapture provision shall occur within thirty (30) days of demand. In the event that WSDOT is required to institute legal proceedings to enforce the recapture provision, WSDOT shall be entitled to its cost, thereof, including reasonable attorneys fees. VII Reduction In Funds The WSDOT may unilaterally reduce the Scope of Work or budget under this Agreement, if there is a reduction of funds by the source of those funds. VIII Waiver In no event shall the payment of any reimbursement request by WSDOT to the Contractor constitute or be construed as a waiver by WSDOT of any breach of contract, or any default which may exist on the part of the Contractor. The making of any such payment by WSDOT while any such breach or default exists shall in no way impair or prejudice any right or remedy available to WSDOT with respect to such breach or default. IX Reports The Contractor shall prepare quarterly reports describing the progress of the Project as outlined in the Scope of Work (Exhibit 1) and submit such reports to WSDOT 45 days following the end of each calendar quarter. The Contractor shall deliver the final Project report along with the final invoice to WSDOT no later than forty five (45) days after the project completion date or forty five (45) days after the termination date of this Agreement whichever is applicable. X Agreement Modifications Either party may request changes in the Scope of Work. Such changes which are mutually agreed upon shall be incorporated as written amendments to the 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. XI Compliance with Laws and Regulations The Contractor 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 agreement compliance, and retention of all such records. The Contractor will adhere to all of the nondiscrimination provisions in Chapter 49.60 RCW. XII Hold Harmless It is understood and agreed that this Agreement is solely for the benefit of the parties hereto and gives no right to any other patty. No joint venture or partnership is formed as a result of this Agreement. Each party hereto agrees to be responsible and assumes liability for its own negligent acts or omissions, or those of its officers, agents or employees, and agrees to save, indemnify, defend, and hold harmless the other party from such liability. Each contract for service or activities utilizing funds provided in whole or part by this Agreement shall include a provision that the WSDOT and the State of Washington are not liable for damage or claims for damages arising from any city, town, designee or subcontractor's performance or activities under the terms of those contracts. XIII Governing Law And Venue This Agreement shall be construed and enforced in accordance with, and the validity and performance thereof shall be governed by, the laws of the State of Washington. Venue of any suit between the parties arising out of this Agreement shall be the Superior Court of Thurston County, Washington. XIV Project Records The Contractor agrees to establish and maintain for the Project either a separate set of accounts or accounts within the framework of an established accounting system, in order to sufficiently and properly reflect all eligible direct and indirect Project costs claimed to have been incurred in the performance of this Agreement. Such accounts are referred to herein collectively as the "Project Account". All costs claimed against the Project Account must be supported by properly executed payrolls, time records, invoices, contracts, and payment vouchers evidencing in proper detail the nature and propriety of the charges. XV Audits, Inspections, and Retention of Records WSDOT, Federal Auditor, 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 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. In order to facilitate any audits and inspections, all documents, papers, accounting records, and other materials pertaining to the Project shall be retained by the Contractor for three years from the date of the Project final payment date. However, in case of an audit or legal action, the Contractor must retain all records until the audit or legal action is completed. XVI Limitation of Liability No liability shall be attached to WSDOT or the Contractor by reason of entering into this Agreement except as expressly provided for herein. Each party to this Agreement shall be responsible for damage to persons or property resulting from the negligence on the part of itself, its employees, its agents, or its officers. Except as provided in this Agreement or by applicable law, neither party assumes any responsibility to the other patty for the consequences of any act or omission of any person, firm, or corporation not a party to this Agreement. This Agreement is not intended to benefit any third patty XVII Severability In the event any term or condition of this Agreement is held invalid, such invalidity shall not affect other terms or conditions of this Agreement which can be given effect without the invalid term or condition. To this end the terms and conditions of this Agreement are declared severable. XVIII Disputes Any factual disputes between WSDOT and the Contractor with regard to this Agreement not disposed of by this Agreement, shall be referred for determination to the Secretary of WSDOT, or his/her designee. In the event that either patty 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 service of process by registered mail consistent with RCW 4.28.080 (1). Each party shall bear its own legal costs and expenses, including attorney fees. XIX Independent Contractor The Contractor shall be deemed an independent Contractor for all purposes, and the employees of the Contractor or any of its subcontractors and the employees thereof, shall not in any manner be deemed to be employees of WSDOT. XX 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 WSDOT's grant and agrees to all of the terms and conditions thereof. XXI Execution This Agreement is executed by the Director of the Public Transportation and Rail Division, State of Washington, Department of Transportation or the Director's designee, not as an individual incurring personal obligation and liability, but solely by, for, and on behalf of the State of Washington, Department of Transportation, in his/her capacity as Director of the Public Transportation and Rail Division. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION CONTRACTOR By:By. JA H. SLAKEY, D ector Publi ransportation and Rail Division Date: q 1Zg—/ p ( Date: Approved as to form By: ANN E. SALAY Assistant Attorney General Date: August 914, 2000 CITY OF AUBURN 0 - i�, NIHBRLES A. BOOTH MAYOR tzk, as 7: Michael J. Reynolds City Attorney EXHIBIT 1 SCOPE OF WORK Implementation of Commute Trip Reduction (CTR) Plan A grant of $11,078.47, is awarded to the contractor. The Contractor agrees to supply $1,728.96 local matching fund for a total Project funds of $12,807.43. The Contractor shall allocate $5,792.59 of the grant to implement the Commute Trip Reduction plan, Task 1, and $7,014.84 to develop and implement the CTR Enhancement program to CTR Affected Worksites, Task 2, within affected jurisdictions. In return for the grant, the contractor will complete the tasks and provide WSDOT with the information described below. CONTRACTOR TASK TASK 1, Commute Trip Reduction (CTR) Implementation plan The Contractor, or its designee, shall implement all of the Commute Trip Reduction (CTR) provisions listed below. The Contractor shall include all of these provisions in interlocal agreements with other jurisdictions, local transit agencies, regional transportation planning organizations, or other eligible organizations, as necessary, to coordinate the development, implementation, and administration of CTR plans and ordinances. 1. Technical Guidance and Support The Contractor, or its designee, will work collaboratively with and provide technical guidance and support to affected employers. The Contractor, or its designee, will provide basic services to help employers set up and maintain their CTR programs to reach the applicable program goals. As stated in the CTR Task Force Guidelines, at a minimum, these basic services provided by the Contractor, or its designee, shall include, but are not limited to: a) Written information on basic requirements of the CTR ordinance, CTR zones, and an explanation of how the plan is intended to achieve its goals; b) At least one Employee Transportation Coordinator (ETC) basic training class per year, using WSDOT provided ETC Handbook or other training materials reviewed and approved by WSDOT; C) Informational materials that explain a range of measures and activities that may help the employer achieve the CTR goals of the local ordinance (which may include model employer programs); d) Forms for annual progress reports that are consistent with the Task Force requirements; e) Guidance for employers to prepare their CTR program descriptions and annual program reports; 0 State -supplied employee survey forms and training for employers designed to achieve a successful survey process; g) Annual review of an employer's CTR program including a determination as to whether the employer is acting in good faith to meet the goals established by the CTR law; h) Professional assistance in developing, implementing, and/or modifying an employer's CTR program; i) Regular opportunities for an employer's ETC to network with other local ETCs; and D Promotional materials such as posters, clip art, or articles which will assist the employer in implementing a worksite CTR program. 2. Quarterly Progress Report and Invoice Submit to WSDOT a quarterly invoice (state form A 19) or WSDOT approved invoice format along with the quarterly progress reports, in the format provided in Attachment 1, that accurately assess the progress made by Contractor, or its designee, in implementing RCW 70.94.521-.551; these reports and invoices are to be submitted within forty-five (45) days after the end of each quarter and within forty five (45) days after the project completion date or forty five (45) days after the termination date of this Agreement, whichever is applicable. TASK 2, Commute Trip Reduction Enhancement Program The Contractor shall develop a work plan to enhance the effectiveness of CTR program. The Contractor shall submit the work plan to WSDOT for review and approval before proceeding with the work. The work plan includes but is not limited to: 1. Promotion • Develop and implement worksite -specific promotion material and distribute to ETCs. • Enhance employee awareness promotions such as "Oil Smart", "Rideshare Week" and the statewide 'Relax" campaigns. • Develop promotional materials, such as generic promotional fliers and with Question and Answer flyers, campaign posters and other direct marketing services for ETCs. • Develop and implement electronic communication with ETCs such as website with links to local ordinances as well as to statewide resources; include new sample email, clip art for ETCs to download and use. 2. Technical Assistance • Enhance ETC training material. Offer new ETCs orientation and ETC training to all new ETCs (new sites or new ETCs at existing sites). • Develop additional tools for ETCs to use with employees and management to increase support in implementation of CTR program. • Develop and offer new topics of interest for "continuing education" for ETCs . • Develop and implement an ETC Incentive Program. 3. Employer and ETC Recognition • Enhance existing Employer Recognition and award programs. WSDOT TASKS: 1. Review and approve Contractor Work Plan WSDOT will review, comment, modify and authorize contractor's CTR enhancement program work plan. ATTACHMENT Quarterly Report Format • Name of the Jurisdiction or Organization Submitting Report • Submitted on behalf of following Jurisdiction(s) • Contact Person Name • Contact Person Phone and Fax Number 1. Past Quarter's CTR events and projects: A detailed summary of implementation assistance provided to affected employers within the jurisdictions such as site visits, program review, training, networking opportunities, products & services, publications and promotion materials. 3. Expenditures This Quarter List actual total expenditures on the last line of the following table. Estimate expenditures by category as indicated. Categories This Quarter d federal Fund es Expenditures Program administration $ ;75im Training $ Employer support and services $ Other (Specify) $ Total S 4. Jurisdiction (s) Contact Names, Address, and Phone Numbers Jurisdiction A John Who City of X PO Box 1234 X, WA 98000 Phone (206) 999-9999 5. List of Affected Employers & Worksites in the Jurisdiction. The information shall be submitted via the electronic format provided by WSDOT. 6. Employer Annual Reports Approved During the Quarter Attach one electronic or hard copy of any employer annual report approved by the jurisdiction during the quarter. 7. Employer Exemptions and Goal Modifications Granted During the Quarter Provide the name and employer identification code for any worksite which has been granted an exemption or goal modification during the quarter. Include information about the duration of all exemptions and information on the type of goal modification granted.