HomeMy WebLinkAbout5333 RESOLUTION NO. 5 3 3 3
AN RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WA8HINGTON, AUTHORIZING
THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF AUBURN
AND KING COUNTY DEPARTMENT OF
TRANSPORTATION RELATING TO T'HE COMMUTE
TRIP REDUCTION PLAN
WHEREAS, the City of Aubu�n (the "City") is required by RCW 70.94.527
to develop and implement a commute trip reduction plan ("CTR"); and
WHEREAS, the King County Departmerit of Transportation, Metro Transit
Division (the "County"), is aufhorized by the State of Washington, in Agreement
Number GCB 2670, to receive CTR funds on behalf of local jurisdictions, including
the Ciry; and
WHEREAS, the Ciry desires to have the Gounty pertorm the work
necessary to satisfy the City's obligations under RCW 70.94.521 et seq. to
maximize cost e�cacy and effi.ci.ency; and
WHEREAS, the parties are authorized by RCW 39.34.030 to enter into
cooperative agreements for the joint.exercise of powers; and
WHEREAS, the City finds that entering into an interlocal agreement with the
County will for the administration of the City's CTR requirements will promotg
public health, safety, and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO RESOLVE as follows:
Section 1. The Mayor is hereby authorized to execute an Interlocal
Ag�eement with King County, Department of Transportation, for the purpose of
Resolution No. 5333 Y
November 22, 2017
Page 1 of 2
authorizing King County's administration of the City of Aubum's Commute Trip
Re.duction Plan, in substantial conformity with the agreement attached he.reto,
marked as Exhibit A and incorporated herein by this 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.
Section 3. This Resolutionshall take effect and be in force upon passage
and signatures thereon.
r
DATED and SIGNED on this �p�day of G�-� , 2017.
CITY OF AUBURN
�
NANCY CKUS, MAYOR
ATTEST:
��
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B, Heid, Gity Attorney
-------------------------
Resolution No. 5333
November 22, 2017
Page 2 of 2
� COMMUTE TRIP REDUCTION PROGRAM IMPLEMENTATION AGREEMENT
Between
King County,Deparlment of Transportation,Metro Transit Divisioa
and
City of Auburn
This Commute Trip Reduction Program Implementation Agraement(the"Agreement")is entered
into by and between King County,a home rule charter county of the State of Washington,through
its Department of Transportation,Metto Transit Division(the "County" or"Ivletro TransiY')and the
City ofAuburn(the "City"),either of which enfity may be referred to hereinafter individually as
"Party" or collectively as the "Parties," for the purpose of unplementing tlie Washington State
Commute Trip Reduction Law of 1991.
WHLR�AS,the purpose of RCW 70.94.521,et seq.,the "Coirunute Trip ReducGon(CTR)
Law," is to reduce air pollntion,h�affic congestion and fuel consumption by encouraging commuters
to use alternative modes of transpartafion,such as buses, carpools,vanpools,bicycles,and walking,
iiistead of single occupancy vehicles("SOV");and
WI I�REAS the CTR Law requires local govemments in those counties experiencing the
greatest automobile-related air pollution and traffic congestion to develop and implement Commute
Trip Reduction("CTR")plans to reduce velucle miles traveled per employee and drive alone
coiririiute trips; and
WI�REA5,the CTR Law also requires major exnployers to develop,implement and
promote,employee transportation progmms to encourage their employees to sHift away from driva
alone commutes;and
Wf�REAS,the City has within its jurisdictional boundaries one or more "major
employers" and is required by RCW 70.94:527 to develop and implement a commute trip reduction
plari;and
VVHEREAS,the Parties hereto arc authorized to enter into this Agreement pursuant to RCW
70.94.527(5);and
WHEREAS, King County Code Section 28.94:110 also authorizes the King County
Executive to enter into agreements with state and local agenoies for assistance in implementing the
CTR Law;and
WHEREAS, CTR plans developed by local jurisdicdons are required to be coordinated and
consistent with the CTR plans of adjacent jurisdictions as well as applicable regional plons;and
WIIEREAS,the Legislature appropriated funds to provide technical assistance funding to
local jurisdictions reqnired to develop and implement commute trip reduction plans;and
2017-2019 Commute Trip Reduction Program Implementation Agreement
Between King County and the City of Au6urn
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WHEREAS, the County in a separate Commute Trip Reducrion Act Agreement with the
State,Agreement Number GCB 2760,is authorized to receive CTR funds on behalf of local
jurisdictions in exchange for the County's implementation of Commute Trip Reduction Plans and
Programs on behalf of those local jurisdictions and retain such funds as payment for the work
performed; and
WI IEREAS,the City desires to have the County perform the work necessary to satisfy the
City's statutory obligations under the Commute Trip Reduction Act and to retain the City's
allocation of state fiuids as payment for those services; and
WHEREAS,the City and the County desire through ttris Agreement to implement the CTR
Law consistent with 4he rules established by the state Commute Trip Reduction Board; and
WH�REA5,the City can acliieve cost efficiencies and administrative consistency by
conhacting with the County for CTR implementation;
NO W TT�REFORE,in considerafion of the terms,condirions,mutbal promises and
covenants set forth herein,the Pariies agree as follows:
1. PURPOSE
The purpose of this Agreement is ta establisH a xnechanism that will allow for certain tasks to be
undertaken by the County on behalf of the City to implement the City's obligafions under the CTR
Law and to set forth the responsibilities of the Parties with respect to that objective.
2. D�FINITIONS
The following definitions shall apply for purposes of this Agreement:
"AdministraHye Representative"means the primary administrafive contact for issues related to
this Agreement as designated in Section 9.2 of the Agreement.
"Affected Employer" means an employer required by RCW 70.94.521 and the City's CTR Plan to
implement a CTR program(see also "major employer").
"Commute Trip Reduction Plan (C'I`R Plan)"means a plan adopted by the City designed to
reduce the proportion of dri4e alone coriiriiute trips and coxximute 1rip vehicle miles and to
administer and enforce the CTR programs of affected employers located within its jurisdiction
"Commute Trip Redbction Program(CTR Program)" means a program designed by an
Affected Employer to reduce the proportion of drive alone commute trips and vehicl.e miles traveled
by its employees.
"Employer TransportaHon Coordinator(ETC)"means point of contact between the employer
and its empioyees to implement,promote and adn}niister the employer's CTR program.
2017-2019 Commuce Trip Reducrion Program Implementation Agreement
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"CTR Funds" means state fdnds appropriated by tl�e state and allocated to counties and cities for
implementation of commute trip reduction plans.
"Major Employer" means aprivate or public employer that employs one hundrad or more full-
time employees at a single worksite who are scheduled to begin their regulaz workday between 6:00
am. and 9:00 a.m. on weekdays for at least twelve continuops months during the year, as provided
in RCW 70.94.521 (herein also]mown as an"Affected Employer").
"State" is the Washington State Department of Transportation(WSDO'I�unless otherwise noted.
3. DiJTIES AND R�SPONSIBILITIES
3.1 Provision of CTR Services. Metro Transit will perforin the CTR implementation ser4ices
specified with patticularity in the Scope of Work(the"Work") set forth as Exhibit A,which
is attached hereto and incorporated herein by this reference.
3.2 Authorization. The City sha11 authorize and direct the State to reimburse the County
direcUy:
4. PAYMENT AND BILLTNG
The County will invoice the State on a quarterly basis for direct reimbursement for the CTR
functions to be performed pursuant to this agreement.
5. WORK SCHEDUL�AND PROGRESS REVIEW
5.1 Progress Reviews. The County will submit a quarterly report of progress and anticipated
activifles to jurisdiotion representatives. On-gbing,periodio review of issues and materials
will also be conducted with the jurisdicdon representatives.
5.2 State�valuaHon Requirements. At tlie reqnest of the City,the County will provide
informa6on to the State for monitoring or evaluation activities.
6. EFFECTIVE DATF.AND TERM OF AGREEMENT
1'his Agreement shall be effective July 1,2017 and will remain in effect through June 30,2o19,
unless earlier tertninated pursuant to the terms of this Agreement.
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7. TERNIINATION
7.1 Termina4ion for Default. Either Pariy may termu�ate tlris Agreement in the event the other
Party fails to perform a material obligation of this Agreement. Written no&ce of a Party's
intention to terminate this Agreement pursuant to this Subsecflon 7.1 shall be provided to
the other Party not less than fifteen(15)calendar days prior to the effective date of
termination.
7.2 Termination for Convenience. Eitlier Eariy to flus Agreement may tenninate the
Agreement,in whole or in part,for convenience and without cause. Written riofice of a
Party's intention to terminate tlris Agteement pursuattt to this Subsection 7:2 shall be
provided to the other Pariy not lcss than flurty(30)days prior to the effective date of
termination.
7.3 County Funding and Termination for Non-Appropriation. Perforniance ofany Work
undertaken by the County pursuaxit to this Agreement in advance of receiving
' reimbursement by thc City beyond the current appropriation year is conditioncd upon the
appropriation by the County Council of sufficient funds to support the perforinance of the
Work. Should such an appropriation not be approved,the Agreement shall terminate at the
close of the cunent appmpriation yeaz. The appiopriation year ends on December 318�of
each year.
7:4 Termination Due to Loss of State Funding. If at any time during the Agreement period
the State acts to terminate,reduce,modify,or withhold CTR State Punds allotted to the City
pursuant to RCW 79.94:544 then either Party rriay temunate this Agreement by giving thirty
(30)days advance wtitten notice to flie other Yarty.
8. CHANGES AND MODIF'ICATIONS
Either Party may request changes to the provisions of this Agreement. Any such changes
must be mutually agreed upon and incorporated by written amendment to this Agreement.
No variarion or alteration of the terms of ttus Agreement will be valid unless made in
writing and signed by authorized representaflves of tlie Parties hereto.
9. NOTIFICATION AND IDENTIFICATION OF CONTACT5
9.1 Administrative Representatives. Both Parties shall designate an administratiive
representative to act as the contact person for matters pertaining to this Agreement.
2017-2019 Commute Trip Reduction Progrnm Implementation Agreement
Betweeo King County and We City of Anburn
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9.2 Contuct Persons and Addresses.
For the County: Chrisfi Masi,Project Manager
King County Metro Transit
201 S. Jackson St,KSC-TR-0326
Seattle,WA 98104-2615
(206)477-3843
F6r the City: Mr.Joc Wclsh,Transportation Plauner
City of Aubum
25 West Main St.
Aubum,WA 98002
(253) 804-5050
9.3 Notice. Any notice or communication required cjr permitted to be�ven pursuant to this
Agreement shall be in writing and sliall be sent postage prepaid by U.S.Mail,return r8ceipt
re,quested,to the Parties'respective administrafive rapresentaflves at the addresses identified
in Subsection 9.2 of this Agreement.
10. DISPUTE RESOLUTION PROCESS
The Parties,through Uieir designated representaYives identified in Subsection 9.2 of this
Agreecnent, shall use their best efforts to resolve any disputes pertaining to this Agreement that
may arise between the Parties: If these designated representatives are unable to resolve a
dispute,the responsible project mariagers of both Parties shall reyiew the matter and attempt to
resolve it. If they aze unable to resolve the dispute,the matter shall be reviewed by the
department directors of both Parties or his oT her designee. The Parties agree to eachaust each of
these procedural steps before seeking to resolve disputes in a court of law or any other forum.
11. AUDTTING OF RECORDS.DOCUMCNT$AND REPORTS
The State Auditor shall have full access to and the right to examine during normal business hours;
and as oiien as the State Auditor may reasonably deem necessary,the non-privileged records of the
City and the County with respect to the matters cov8red liy tkis Agieement. Both Parties shall tiave
similar access and rig}its with respect to the records of the other Party. The Parties'representatives
shall be permitted to audit,examine, and make excerpts or transcripts frbm such records and to
make audits of all contracts,invoices,materials,payrolls,and records of matters covered by tlus
Agreement. Such rights last for three(3)years from the date final payment is made liereunder.
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12. IND�MNIPICATION AND FIOLD IIARMLESS
Each Party hereto agrees to be responsible and assumes liability for its own negligent acts or
omissions,and those of its officers,agents oi employees,while performing work pursuant to this
Agreement,to the fullest extent required by law,and agrees to save,indemnify,defend, and hold the
other Parties l�arinless from any such liability. In tlie dase of negligence of mnitiple Parties,any
dunages allowed shall be assessed in proportion to the percentage of negligence attributable to each
Party, and each Parry shall have the right to seek contribution from the other Parties in proportion to
the peYcentage of negligence attributable to the oth8r Parties.
The City acknowledges it is solely responsible for its compliance with the CTR Act,and for the
adoption,.nriplementation,and enforcement of any ordinances,plans,aiid prograxns related to the
CTR Act. The City shall indexnnify and hold King County hazmless from,and shall pmcess and
defend, at its own expense,any and all claims,demands,suits at law of equiTy, aotions,penallies,
losses,damages, or costs arising out of,in ponnection wi.th,or incidental to any act or omission of
the City or'any of its officers, employees,subconlractors or agents in adopting or enforcing any
ordinances,plazis and progratns related to tha CTR Act.
13. LEGAL RELATIONS
13.1 No Third Party Beneficiaries. It is understood that tUis Agreement is solely for the
benefit of the Parties hereto and gives no right to any other person or entiry.
13.2 No Partnership or Joint Venture. No joint venture,agent-principal relatioaship or
partnership is formed as a res.ult of this Agreement. No employees or agents of one Party
or any of its coniractors or subcontractors shall be deemed, or represent themselves to be,
employees or agents of the other Party.
13.3 Applicable Law. This Agreement shall be govemed by and construed in accordance
with the laws of the State of Waskungton.
13.4 Jurisdiction and Venue. The King County Superior Court, situated in Seattle,
Washington, shall have exclusive jurisdiction and venue over any legal acCion arising
undertrus Agreement.
13.5 Mutual Negotiation and Construction. This Agreement and each of the terms and
provisions hereof shall be deemed to have been explicifly negotiated between, and
mutually dral'ted by,both Parties, arid ttie language in all parts of this Agreement shall, in
all cases, be construed according to its fair meaning and not strictly for or against either
Parry.
13.6 Severability. If any provision of this Agreement is held 'mvalid by a court of competent
jurisdiction,the remainder of the Agreementshall not be affected thereby ifsnch
remainder would then continue to serve tlie.purposes and objectives originally
contemplated by the Parties.
2017-2019 Commute Trip Reduction Ptogram Implementation Agreement
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13.7 Waiver of Default. Waiver of any default shall not be deemed to be a waiver of any
snbsequent default. Waiver of br8ach of any provision of this Agreement shall not be
deemed to be a waiver of any other or subsequent breach and sha11 not be construed to be
a modification of the terms of this Agreement unless stated to be such in writing, signed
by duly authorized representatives of the Parties, and attached to the original Agreement.
13.8 Assignment. Neither this Agreetnent, nor any interest herein, may be assigned by either
Party without tlie prior written consent of the other Party.
13.9 Binding on Successors and Assigns. "17iis Agreement and all of its terms,provisions,
conditions, and covenants,together with any exhibits and attachments now or hereafter
made a part hereof, shall be binding on the Parties and their respective successors and
assigds.
13.10 Rights and Remedies. Both Parties'rights and remedies in this Agreement are in
addition to any other rights and remedies provided by law.
1311 Entire Agreement This Agreement embodies the Parties'entire understanding and
agreement on the issues covered by it, except as may be supplemented by subsequent
written amendment to this Agreement, and supersedes any prior negotiations,
representations or dra$ agreements on this tnatter, either written or oral.
13.12 SurvivaL The provisions of this Section 13 (I,egal Relations) shal] survive any
fermination of this Agreement.
14. FORCE MA.TEUI2E
Either Party to tlus tlgreement shall be excused&om performance ofany responsibilities and
obliga6ons under this Agreement, and shall not be liable for damages due to failure xo perforni,
dt�ring the time and to the extent that it is prevented from performing by a cause directly or
indirectly beyond its control, incliiding, liut not.limited to: aiiy mcidence offire, flood,snow,
earthquake, or acts of nature; strikes or labor actions; accidents,riots, insurrection,temorism, or
acts of war; order of any court of competent jurisdiction or authorized civil authority
commandeering material, products, oi facilities by the federal, state or looal government;or
national fuel shortage; when satisfactory evidence of such cause is presented to the other Party to
this Agreement, and prodided that such non-performance is beyond the control and is not due to
the fault or negligence of the Party not perfornung. In no event should ttris provision eliminate
the obligation of the City to make payxnent to the County for the Work performed pursuant to
this Agreement.
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_
15. COMPLIANCE WITH APPLICABLE LAWS
The Parties agree to comply with a11 applicable federal,state,and local laws,rules,and regulafions,
including those pertaiivng to nondiscrimination and agree to require the satne of any subcontractors
providing serVices or performing any of ttie Work dsing funds provided nnder this Agreement.
16. EXECUTION OF'AGR�EMENT—COUNT�RPARTS
This Agreement may be executed in two(2)counterparts,either of which sha11 be regazded for all
purposes as an driginal.
Dated this "�� day of o��6�` �' 2017.
IN W1TN�S5 WIT�R�OT,the Parties hereto have executed this Agreement as ofthe latest date
written below.
I{IIVG COUNTY City of Auburn
DEPARTMENT OF TRANSPORTATION
METRO TRANSIT DIVISION
By: By:
Matt Hansen
Manager, Customer Title: 'C\
Communications and Services
King County Metro Transit
Date: �O" Z S� ' l � Date: I ? ' '�'��
Approved as to form: Approyed as t rm:
K.C.P:A,O. BY:
Ci Attorney
Date: /-�'�2Qlla/7
2017-2019 Commute Trip Reduction Program Implementstion Agreement
Betvieen King County an3 tHe City of Auburn
P.age 8 of10
Exhibit A
Cily of Auburn
Commute Trip Reduction ImplementaHon Agreement Scope of Worlc
Period: July 1,2017 through June 30,2019
Kipg County will implement all elements of the Auburn CTR work plan through the following
si�ategies and deliverables:
Strategy 1; Train all new ETC's and new sites to ensurc that•they have an understanding of the
requirements of the law, implementa6on strategies and their site's performance to date.
Description:.
Consult with ETCs at new sites and with new E"1'Cs at existing sites, offer on-line interactive
ETC training on the CTR pragram apd Employee survey, update and maintain CTR website and
printed information.
Deliverables:
• Offer on-line interactive training and a live CTR program and Employee survey training
annually
e Consult with new ETCs at new sites and at existing sites
• Maintain CTR website as a souroe of information, materials and tools
Strategy 2: Track and notify employers ofiegally required activities axid provide technical
assistance to all employers for legal compliance.
Description:
Notify new sites; assist them with baseline stiivey and initial program development. Send survey
and program notifications to all sites,review extensions and exemptions requests, set up;and
assist sites with paper and online surveys and program reporting. Negotiate steps for compliance
with non-bompliant worksites. Maintain database and master file recards on all sites. Provide
WSDOT with an elecuonic copy of city's CTR-affected employers and ETCs quarterly or as
required by WSDOT.
Deliverables:
• Notify new and existing sites o£survey and prograzn reporting requirements within
timeframes specified in Law and/or Ordinance
• Maintain electronic and paper records in accordance with WSDOT requirements
e Document sites'compliance with required activities
Strate�,y 3: Focus progrramm review and survey analysis time on sites that have not rnade progress
towards goal and spend less time reviewing program repores for sites that Have made progress or
gbal.
Description:
• Far sites that have met or made progress towards goal, focus program review for completeness
of report and approve using electronic submittal.
2017-2019 Commute Trip Reducrion Program Implementation Agreement ,
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• For no progress sites, conduct survey analysis and make recomxnendarions for program
improvements to ETC. Review programs for inclusion of recommendations, as well as
completeness and program summazy.
Deliverables:
• Review all programs for completeness
• Approve programs for sites ihat have made progress or goal
• Consult with sites that have not made progress or goal and recommend improvements to
program
• Docninent on nuarterly CTR progress report: 1) the number of CTR programs reviewed:
2)the number of consultations with no-progress sites
Strategy 4: Assist ETCs with mazlceting of cotmm�te programs arid ensure they meet their
program inFormation distribution requirements. Help ETCs become a major resource to their
employees by providing them with up-to=date commute information,tools for communicating
with einployees,turn-key commuter promotions, and opp:ortunides to attend employer network
group meetings,
Desoription:
� Review program sumniary and make marketing recommendations at sites that did not
make progress towards goals.
e Send transportadon related news and announcements via email to a11 ETCs; send
iriformation for promofions such as Wheel Options and Bike to Work Day; schedule,
promote, engage speakers and invite ETCs to employer network group meetings,as
needed.
Deliverables:
e Send regular emails to ETCs on transportation related issues that they can share with their
employees
e Inform ETCs of program summary template on wehsite
• Send ETCs updated commute options marketing materials in an electronic format
• Distribute promotional materials to sites for county and state-wide promotions
• Notify ETCs of network group meetings
S.trategy 5: Actively promote alternativeslo drive-alone commuting at worksites targeted by
location,corridor,industry or lack ofprogress toward goal.
Description:
• Identify highly congested employment areas and/or sites that have not made progress
toward goals for targeted outreach:
• Develop strategies to help ETCs communicate and promote progam to employees,
impleriient targeted promotions.
Dcliverables: '
• Organize promotions or events at select targeted areas, corridors or industries.
2017-2019 Commute Trip Reduction Program Implementation Agreement
Between 1Zing County and the City of Auburn.
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