HomeMy WebLinkAbout02-17-2004 ITEM VIII-B-1CITY OF ..p*
"HIU
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject
Date:
Resolution No. 3683
1/22/04
Department:
Attachments:
Budget Impact:
Public Works
Resolution No. 3683
Administrative Recommendation:
City Council adopt Resolution No. 3683.
Background Summary:
Resolution No. 3683 authorizes the Mayor to execute a Commute Trip Reduction (CTR) Act Interlocal
Agreement with King County. The Interlocal Agreement allows the County to work directly with the State
in supporting Auburn community employers required to comply with CTR. Although the County works
directly with the State, Auburn has input on the administration of CTR since the County is implementing
the City of Auburn's CTR ordinance, and since County staff interact with City staff on a regular basis on
compliance issues. This agreement will be in effect for two years, and replaces a similar agreement that
was authorized by Resolution No. 3447, which was adopted by City Council on April 1, 2002. This
agreement reduces Auburn's administrative burden and insulates the City from the potential financial
impact of increases in State CTR requirements.
W0217-2
04.10
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
❑ Building ❑ M&O
❑ Airport ❑ Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv.
❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CD
❑ Fire ❑ Planning
❑ Park Board ®Public Works
❑ Human Resources ❑ Police
❑ Planning Comm. ❑ Other
® Legal ® Public Works
Action:
Committee Approval: ❑Yes [--]No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until/ _
Tabled Until _/_/_
Councilmember: Wagner Staff: Dowd
Meeting Date: February 17, 2004 Item Number: VIII.B.1
[.jBURN* MORE THAN YOU IMAGINED
RESOLUTION NO.3 6 8 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE A COMMUTE TRIP REDUCTION ACT INTERLOCAL
AGREEMENT BETWEEN KING COUNTY AND THE CITY OF
AUBURN FOR THE PURPOSE OF IMPLEMENTING THE
WASHINGTON STATE COMMUTE TRIP REDUCTION ACT OF
1991
WHEREAS, the Washington State Legislature enacted the Commute
Trip Reduction Act (Chapter 202, Laws of 1991, codified as RCW 70.94.521-
551) to require local governments in those counties experiencing the greatest
automobile -related air pollution and traffic congestion to develop and implement
plans to reduce single -occupant vehicle commute trips; and
WHEREAS, the City has within its boundaries one or more "major
employers" and is required by RCW 70.94.524(1) to develop and implement a
commute trip reduction plan; and
WHEREAS, the local jurisdiction commute trip reduction plans are
required to be coordinated and consistent with plans of adjacent jurisdictions
and applicable regional plans; and
WHEREAS, the Legislature appropriated funds to provide technical
assistance funding to local jurisdictions required to develop and implement
commute trip reduction plans; and
Resolution No. 3683
January21, 2004
Pagel
WHEREAS, King County, in its agreement with the State, has the
authority to receive CTR funds on behalf of jurisdictions and retain such funds
as payment for work performed by the County on behalf of a jurisdiction to
satisfy that jurisdiction's obligations under the Commute Trip Reduction Act;
and
WHEREAS, the City desires to have King 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 funds as payment for
those services; and
WHEREAS, the Parties hereto are authorized to enter into this
Agreement pursuant to RCW 70.94.527(6) and Chapter 39.34 RCW—the
Interlocal Cooperation Act.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT:
Section 1. The Mayor of the City of Auburn is hereby authorized to
execute a Commute Trip Reduction Act Interlocal Agreement with King County
in substantial conformity with the agreement attached hereto, marked as Exhibit
1" and incorporated herein by this reference, for the purpose of setting forth
the responsibilities of the Parties, including the County's role as the City's
designee for CTR purposes and to continue a cooperative approach between
Resolution No. 3683
January 21, 2004
Page 2
the City and the County in order to address interjurisdictional issues and to
meet the statutory requirements for coordination and consistency among the
jurisdictions' respective commute trip reduction plans.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
DATED this day of ' , 2004.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
Daniel B. Heid,
City Attorney
Resolution No. 3683
January 21, 2004
Page 3
EXHIBIT 1
COMMUTE TRIP REDUCTION ACT INTERLOCAL AGREEMENT
This Agreement is entered into by and between King County (the "County") and the City
of Auburn ("City"), both of which entities may be referred to hereinafter as "Parties."
WHEREAS, the Legislature enacted RCW 70.94.521-551, commonly known as the
Commute Trip Reduction Act, to require local governments in those counties experiencing the
greatest automobile -related air pollution and traffic congestion to develop and implement plans to
reduce single -occupant vehicle commute trips; and
WHEREAS, King County and the cities within King County having within their boundaries
one or more "major employers" as defined by RCW 70.94.524(1) are required to develop and
implement commute trip reduction plans; and
WHEREAS, the local jurisdiction commute trip reduction plans are required to be
coordinated and consistent with plans of adjacent jurisdictions and applicable regional plans; and
WHEREAS, the Legislature appropriated funds to provide technical assistance funding to
local jurisdictions required to develop and implement commute trip reduction plans; and
WHEREAS, King County in its agreement with the State has the authority to receive CTR
funds on behalf of jurisdictions and retain such funds as payment for work performed by the County
on behalf of a jurisdiction to satisfy that jurisdiction's obligations under the Commute Trip
Reduction Act; and
WHEREAS, the City desires to have King 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 funds as payment for those services; and
WHEREAS, the Parties hereto are authorized to enter into this Agreement pursuant to
RCW 70.94.527(6) and Chapter 39.34 RCW--the Interlocal Cooperation Act;
NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the
sufficiency of which is hereby acknowledged, the Parties hereto agree as follows:
SECTION 1.0 PURPOSES
The purposes of this Agreement are: (1) To set forth the responsibilities of the Parties, including the
County's role as the City's designee for CTR purposes and (2) to continue a cooperative approach
between the City and the County in order to address interjurisdictional issues and to meet the
statutory requirements for coordination and consistency among the jurisdictions' respective
commute trip reduction plans.
-------------------------
Exhibit 1
Resolution No. 3683
Page 1 of 10
SECTION 2.0 DEFINITIONS
The following definitions shall apply to this Agreement:
"Administrative Representative" means a person responsible for being the central administrative
contact for issues related to this Agreement as designated pursuant to Section 3.4 of the Agreement.
"Affected Employer" means a private or public employer that, for at least twelve continuous
months during the year, employs one hundred or more full-time employees at a single worksite who
begin their regular workday between 6:00 a.m. and 9:00 a.m. on weekdays on two or more
weekdays.
"Commute Trip Reduction Act" means Chapter 202, Washington Laws of 1991, codified as
RCW 70.94.521-551, as amended.
"Commute Trip Reduction Plan (CTR Plan)" means a plan designed to achieve reductions in
the proportion of single -occupant vehicle commute trips and the vehicle miles traveled as described
in RCW 70.94.527.
"Commute Trip Reduction Program (CTR Program)" means a program designed by an
affected employer to achieve reductions in the proportion of single -occupant vehicle commute trips
and the commute trip vehicle miles traveled as described in RCW 70.94.531, as amended.
"CTR Funds" means state funds authorized by RCW 70.94.544 to assist counties and cities
implementing commute trip reduction plans.
"State" is the Washington State Department of Transportation or its successor agency unless
otherwise noted.
SECTION 3.0 SCOPE OF WORK
3.1 Scope of Work: The scope of work to be completed by the City, and by the County on the
City's behalf, in accordance with this Agreement is described in Exhibit A: Scope of Work,
which by reference is made a part of this Agreement.
3.2 Separate Agreements for CTR Services: Consistent with applicable State and local laws
and regulations, the City may enter into separate agreements with the County and other
public agencies or consultants to perform the following CTR tasks under contract: (1) assist
employers in developing CTR programs; (2) review and approve CTR programs, annual
reports, requests for exemptions, modifications or other actions submitted by employers;
and (3) establish and maintain records and produce required reports.
3.3 Evaluation and Monitoring: The City shall cooperate with and freely participate in any
monitoring or evaluation activities conducted by the State that are pertinent to its
Exhibit 1
Resolution No. 3683
Page 2 of 10
performance of the Scope of Work and its responsibilities under the Commute Trip
Reduction Act.
3.4 Administrative Representatives: Immediately following their execution of this
Agreement, the County and the City shall each designate one person to be the central
administrative contact for matters pertaining to this Agreement, and shall make such
designation, as well as any subsequent changes in such designation, known to each other in
writing, immediately after such designation.
SECTION 4.0 CHANGE IN FUNDS.
4.1 If an increase in funding by the funding source augments the City's allocation of funding
under this Agreement, the City and County agree to enter into an amendment to this
Agreement providing for an appropriate change in the Scope of Work and/or the project
amount in order to reflect any such increase in funding.
4.2 If a reduction of funding by the funding source reduces the City's allocation of funding
under this Agreement, the City and County agree to enter into an amendment to this
Agreement providing for an appropriate change in the Scope of Work and/or the project
amount in order to reflect any such reduction of funding and/or the Parties may terminate
the Agreement, as provided in Section 7.3(b) of this Agreement.
SECTION 5.0 WAIVER OF DEFAULT
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of
breach of any provision of this Agreement shall not be deemed to be a waiver of any other or
subsequent breach and shall not be construed to be a modification of the terms of this Agreement
unless stated to be such in writing, signed by an authorized representative of the entity making such
waiver.
SECTION 6.0 LEGAL RELATIONS
6.1 It is understood and agreed that this agreement is solely for the benefit of the Parties hereto
and gives no right to any other entity. No joint venture or partnership is formed as a result
of this Agreement.
6.2 Each party shall defend, indemnify and hold harmless the other party, its officers, officials
and employees from all claims, demands, suits, actions and liability of any kind which arise
out of, are connected with or result from any errors, omissions or negligent acts of the other
party, its contractors, employees or agents in the performance of the work of this
Agreement; provided, however, that if any such liability is the result of the concurrent
negligence of the parties, the obligations under this section shall be allocated in proportion
to the percentage of negligence attributed to each party. Each party agrees that its
obligations under this provision extend to any claim, demand or cause of action brought by
Exhibit 1
Resolution No. 3683
Page 3 of 10
its own employees. The foregoing indemnity is specifically and expressly intended to
constitute a waiver of the indemnifying parry's immunity under Washington's Industrial
Insurance Act, RCW Title 51, as respects the other parry only, and only to the extent
necessary to provide the indemnified parry with a full and complete indemnification of
claims made by the indemnifying party's employees. The parties acknowledge that these
provisions were specifically negotiated and agreed upon by them.
6.3 The City agrees that the WSDOT and the State of Washington are not liable for damages or
claims arising from the City's performance or activities under this agreement. The City
further agrees to include in each contract for services or activities using funds provided in
whole or in part by this Agreement a provision in which the contractor agrees that the
WSDOT and the State are not liable for damages or claims from damages arising from any
subcontractor's performance or activities under this Agreement.
6.4 In the event any party incurs attorney's fees, costs or other legal expenses to enforce
provisions of this section against another party, all such fees, costs, and expenses shall be
recoverable by the prevailing parry.
6.5 This Agreement shall be interpreted in accordance with the laws of the State of
Washington in effect on the date of execution of this Agreement. The Superior Court of
King County, Washington shall have exclusive jurisdiction and venue over any legal
action arising under this Agreement.
6.6 The provisions of this section shall survive the expiration or termination of this Agreement
with respect to any event occurring prior to expiration or termination.
SECTION 7.0 TERM, DURATION, MODIFICATION AND TERMINATION
7.1 Term of Agreement: This Agreement shall be effective July 1, 2003. The expiration date
for purposes of performing substantive work and for incurring costs hereunder shall be June
30, 2005, and for final accounting purposes shall be July 31, 2005, unless terminated earlier
or extended pursuant to the provisions hereof.
7.2 Extension / Modification. This Agreement may be amended or otherwise altered only by
written agreement of the County Executive or his/her designee and an authorized
representative of the City. Exhibit C: Format for Agreement to Extend and/or Modify the
CTR II,A, which is attached to this Agreement and incorporated herein, may be used for
such action.
7.3 Termination
(a) Each Party may terminate its obligations under this Agreement upon thirty (30) days
advance written notice of the termination to the other Party.
(b) If at any time during the Agreement period the State acts to terminate, reduce, modify,
or withhold the CTR Funds allotted to the County, then either Party may terminate this
Exhibit 1
Resolution No. 3683
Page 4 of 10
Agreement upon giving thirty (30) days written notice to the other Parry. The County shall
have the authority and responsibility to ensure that upon termination of this Agreement, any
remaining CTR Funds are made available to the City or returned to the State.
SECTION 8.0 CHANGE IN STATUS
If the City finds it is no longer affected by Chapter 70.94 RCW and is therefore no longer required
to implement a CTR plan, it may continue to be a Party to this Agreement for purposes of
participating in the CTR Coordinating Committee for information sharing, but shall not receive
CTR Funds effective with the quarter following the change in status.
SECTION 9.0 SEVERABILITY
In the event any term or condition of the Agreement or application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other terms, condition or application.
To this end the terms and conditions of this agreement are declared severable.
SECTION 10.0 ENTIRE AGREEMENT
This document contains all terms, conditions and provisions agreed upon by the Parties hereto.
Any oral or written representations or understandings not incorporated herein are excluded.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by having their
authorized representatives affix their signatures below.
THE CITY OF AUBURN
By:
Peter B. Lewis, Mayor
Date:
KING COUNTY:
By
Rick C. Walsh, General Manager, Metro Transit
Date:
EXHIBIT A: Scope of Work
Attachment - Format for Quarterly Reports
EXHIBIT B: Methodology for Allocating Funds
EXHIBIT C: Format for Agreement to Extend and/or Modify the CTR ILA
EXHIBIT A: SCOPE OF WORK
-------------------------
Exhibit 1
Resolution No. 3683
Page 5 of 10
City Tasks:
1. General Program Administration
Maintain and administer a CTR ordinance and plan for affected employers in the
jurisdiction.
2. Public Hearing Notice
Provide WSDOT with a public hearing notice and copies of any proposed amendments to
the CTR ordinance, plan, and/or administrative guidelines within the first week of the
public review period and final copies of all actions within one (1) month of adoption.
3. Appeals
Maintain an appeals process. This process must be consistent with RCW 70.94.534(6) and
procedures contained in the Commute Trip Reduction Task Force Guidelines.
County Tasks:
1. Annual Expenditure Report
Within thirty (30) days after June 30, 2003, and within thirty (30) days after June 30, 2004,
submit to WSDOT a report summarizing overall costs incurred in implementing the CTR
ordinance and plan. Costs shall be reported in a format provided by WSDOT.
2. Exemptions and Modifications
The County will submit requests for exemptions or modifications, including requests for
goal modifications, to WSDOT for review and comment within five (5) days of receiving
such requests, and shall allow WSDOT five (5) working days to provide comments prior to
approving or denying the request.
3. Technical Guidance and Support
Work collaboratively with and provide technical guidance and support to affected
employers. The County will provide the basic services identified in the Commute Trip
Reduction Task Force Guidelines in order to achieve trip reduction goals.
4. Survey Processing
Notify WSDOT prior to sending any surveys to the University of Washington, Office of
Educational Assessment for processing. The notification must include the name of the
worksite, employer identification code, and type of survey for each survey being submitted
for processing. The notification shall be submitted as an electronic spreadsheet via
electronic mail. The County agrees to wait for confirmation from WSDOT prior to sending
or delivering the surveys for processing.
Exhibit 1
Resolution No. 3683
Pave6of10
5. Database Updates
Provide WSDOT and the City with updated lists of affected worksites and jurisdiction
contacts on a quarterly basis. These updates will be submitted electronically in a format
specified by WSDOT.
6. Employer Annual Reports
Within 30 days from the date of approval, submit to WSDOT one electronic or hard copy of
any approved employer annual reports.
7. Employer Exemptions and Goal Modifications
Within 30 days from the date of approval, submit to WSDOT the name and employer
identification code for any worksite that has been granted an exemption or goal
modification. Include information about the duration of all exemptions and information on
the type of goal modification granted.
8. Progress Report and Invoice
Submit to WSDOT periodic progress reports, as detailed in the Attachment to Exhibit A,
along with any invoice or request for reimbursement.
-------------------------
Exhibit 1
Resolution No. 3683
Pave 7 of 10
Attachment to Exhibit A — Quarterly Report Format
• Name of the Organization Submitting Report
• Submitted on behalf of following Jurisdiction(s)
• Contact Person Name
• Contact Person Phone and Fax Number
• Contact Person e-mail
1. CTR activities:
A brief summary of activities undertaken
2. Expenditures This Quarter
List actual total expenditures on the last line of the
following table. Estimate expenditures by category as
indicated.
Exhibit 1
Resolution No. 3683
Pape R of 10
Fiscal
Fiscal
Local
Year to
Other
Year to
State
Fiscal
Funds
Date
Funds
Date
CTR
Year To
Spent on
Local
Spent on
Other
Funds
Date
CTR
Funds
CTR
Funds
Spent
State
Activiti
Spent on
Activiti
Spent on
Since
CTR
es Since
CTR
es Since
CTR
Last
Funds
Last
Activiti
Last
Activiti
Categories
Report
Spent
Report
es
Report
es
Required Activities
$
$
$
$
$
$
including:
1. Notification
of New Worksites
2. Administering
CTR Surveys
3. Employer Annual
Report Review
4. Exemptions and
Modifications
5. Record Mainte-
nance
6. Enforcement
Employer Service Activities
Employer Training
$
$
$
$
$
$
Incentives
$
$
$
$
$
$
Promotion and
$
$
$
$
$
$
Marketing
Guaranteed Ride Hom
$ is
$
$
$
$
Other (Specify)
$
$
$
$
$
$
Totals
$
$
$
$
$
$
Exhibit 1
Resolution No. 3683
Pape R of 10
EXHIBIT B: METHODOLOGY FOR ALLOCATING CTR FUNDS
Funding Allocation Methodology
Funding allocated by WSDOT for local implementation of CTR activities is based on the
following formula:
1. Each county is provided $1,200 per affected worksite as a
base allocation to ensure sufficient funding to meet
jurisdiction obligations pursuant to RCW.70.94.521-551.
The number of affected worksites in each county shall be
based on information contained in WSDOT database as of May
1 of each year.
2. The remaining funding will be allocated based on the
number of commute trips reduced per day in each county
between each worksite's base year survey and its most
recent survey, provided that every county receives at least
$80,000 per year. For the period July 1, 2003 through June
30, 2004, the most recent survey period will be 2001. For
the period July 1, 2004 through June 30, 2005, the most
recent survey period will be 2003.
July 1, 2003 - June 30, 2004 Allocation
Any distribution of funds to jurisdictions within a county shall
be done on the basis of the number of affected worksites in each
jurisdiction. For example, if there are two jurisdictions in a
county, each with fifty percent of the total number of affected
worksites in the county, any division of funds within the county
should provide each of the two jurisdictions with fifty percent
of the total county funding allocation.
Exhibit 1
Resolution No. 3683
pace 9 of 10
Worksite
Additional
Number
Trips
Base
to Achieve
of
Reduced/D
Allocatio
Performance
$80,00
Total
County
Sites
ay
n
Allocation
Floor
Allocation
$50,000
Benton
Clark
47
654
$56,400
$20,266
$3,334
$80,000
King
552
11,575
$662,400
$280,270
$942,670
Kitsap
32
0
$38,400
$0
$41,600
$80,000.00
Pierce
83
4,278
$99,600
$103,585
$203,185
Snohomish
84
1,050
$100,800
$25,424
$126,224
Spokane
99
2,255
$118,800
$54,601
$173,401
Thurston
65
579
$78,000
$14,020
$92,020
Whatcom
23
329
$27,600
$10,195
$42,205
$80,000
Yakima
20
304
$24,000
$9,420
$46,580
$80,000
TOTAL
1,005
21,024
$1,206,00
$517,781
$133,719
$1,907,500.00
0
Any distribution of funds to jurisdictions within a county shall
be done on the basis of the number of affected worksites in each
jurisdiction. For example, if there are two jurisdictions in a
county, each with fifty percent of the total number of affected
worksites in the county, any division of funds within the county
should provide each of the two jurisdictions with fifty percent
of the total county funding allocation.
Exhibit 1
Resolution No. 3683
pace 9 of 10
EXHIBIT C: FORMAT FOR AGREEMENT TO EXTEND AND/OR MODIFY THE
CTR INTERLOCAL AGREEMENT
This general format shall be followed to carry out the provisions of Section 7.2 to extend or
mods the agreement.
The Honorable
Mayor, City of
Address
City, WA xxxxx
RE: Renewal/Modification of Commute Trip Reduction Act Interlocal Agreement
Dear Mayor
The Commute Trip Reduction Act (CTR) Interlocal Agreement (ILA), which describes required
implementation activities, provided in ... (select one of the following paragraphs or combine as
appropriate) ...
... Section 7.2 that the ILA "may be amended, altered, or extended only by written
agreement of the County Executive and authorized representative of the City." I propose
that the ILA be amended as follows (or, as in Attachment).
...I propose that the Agreement be extended, as provided in Section 7.2, for a two year
period beginning June 30, , with modifications to Exhibit A: Scope of Work as
attached.
Please indicate your concurrence with this proposal by signing where indicated below and
returning this to me.
Sincerely,
Ron Sims
King County Executive
I concur with the proposed action.
Mayor, City of
Date
Exhibit 1
Resolution No. 3683
Pave 10 of 10