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HomeMy WebLinkAbout3074 1 RESOLUTION NO. 3 0 7 4 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A 4 COMMUTE TRIP REDUCTION ACT IMPLEMENTATION AGREEMENT BETWEEN 5 KING COUNTY (THROUGH ITS DEPARTMENT OF TRANSPORTATION) AND THE CITY OF AUBURN FOR THE PURPOSE OF IMPLEMENTING THE WASHINGTON 6 STATE COMMUTE TRIP REDUCTION ACT OF 1991. 7 8 WHEREAS, the Washington State Legislature enacted the 9 Commute Trip Reduction Act (Chapter 202, Laws of 1991, 10 codified as RCW 70.94.521-551) to require local governments in 11 those counties experiencing the greatest automobile-related 12 13 air pollution and traffic congestion to develop and implement 14 Plans to reduce vehicle miles traveled per employee single- 15 occupant vehicle commute trips; and 16 WHEREAS, the City has within its boundaries one or more 17 "major employers" and is required by RCW 70.94.527 to develop 18 19 and implement a commute trip reduction plan; and 20 WHEREAS, the local jurisdiction commute trip 21 reduction plans are required to be coordinated and consistent 22 With plans of adjacent jurisdictions and applicable regional 23 plans; and 24 25 26 Resolution No. 3074 March 30, 1999 Page 1 1 WHEREAS, the City and King County desire to implement the 2 Commute Trip Reduction Act consistent with the guidelines 3 4 established by the state Commute Trip Reduction Task Force and 5 with King County and other cities within the county; and 6 WHEREAS, the City can achieve cost efficiencies and 7 administrative consistency by contracting with King County for 8 commute trip reduction (CTR) implementation; and 9 WHEREAS, the parties hereto are authorized to enter into 10 11 an Agreement pursuant to RCW 70.94.527(6); 12 NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN, 13 WASHINGTON, DO ORDAIN AS FOLLOWS: 14 Section 1. The Mayor and City Clerk of the City of 15 16 Auburn are hereby authorized to execute a Commute Trip 17 Reduction Act Implementation Agreement with King County for 18 the purpose of assigning certain tasks to be undertaken by 19 King County on behalf of the City to implement the CTR Act, 20 commonly known as the Commute Trip Reduction Act of 1991. A 21 22 copy of said Agreement is attached hereto as Exhibit " 1" and 23 incorporated herein. 24 25 26 Resolution No. 3074 March 30, 1999 Page 2 1 Section 2. The Mayor is hereby authorized to implement 2 such administrative procedures as may be necessary to carry 3 4 out the directives of this legislation. 5 DATED and SIGNED this 19th day of April, 1999. 6 CITY OF AUBURN 7 8 9 CHARLES A. BOOTH Mayor 10 ATTEST: 11 12 13 Danielle E. Daskam, 14 City Clerk 15 APPROVED AS TO FORM: 16 17 Michael J. Reynolds, lg City Attorney 19 20 21 22 23 24 25 26 Resolution No. 3074 March 30, 1999 Page 3 EXHIBIT "1" CONINNTE TRIP REDUCTION ACT MPLENIENTATION AGREENIENT An Agreement between King County, through its Department of Transportation, (hereinaftec called " King County") and the City of Auburn ("City"), hereinafter jointly referred to as the "Parties," for the purpose of implementing the Washington State Commute Trip Reduction Act of 1991. WHEREAS, the Washina on State Le; slature enacted the Commute Trip Reduction Act (Chapter 202, Laws of 1991, codified as RC'W.70.94.521-551) to require local governments in those counties experiencinc, the greatest automobile-related a.ir pollution and traff'ic congestion to develop and implement plans to reduce vehicle miles traveled per employee and single occupant vehicle commute trips; and WHEREAS, the City has within its boundaries one or more "major employers" and is required by RCW 70.94.527 to develop and implement a commute trip reduction plan; and WHEREAS, the Parties hereto are authorized to enter into this Agreement pursuant to RCtiV 70.94.527 (6); and WHEREAS, the King County Code 28.94.110 authorizes the execution and administration of A?reements with state and local agencies for assistance in implementing the Commute Trip Reduction Act; and VVBEREAS, the local jurisdiction commute trip reduction plans are requued to be coordinated and consistent with plans of adjacent jurisdictions and applicable regional plans; and . WI-EREAS, the City and Kin~ County desire to implement the Commute Trip Reduetion Act consistent with the a idelines established by the state Commute Trip Reduction Task Force-and with Kin; Counry and other cities within the county; and WI-EREAS, the City can achieve cost efficiencies and administrative consistency by contracting with King County for CTR implementation; NOW THEREFORE, in consideration of the mutual promises and covenants herein, it is hereby agreed: SECTION 1.0 PURPOSE. The purpose of this Ageement is to assign certain tasks to be undertaken by King County on behalf of the City to implement the CTR Act. Exhibit 1 Resolution 3074 Auburn Commute Trip Reduction Implementation Agreement Auburn Page 2 SECTION 2.0 DEFINITIONS. The following definitions shall apply for purposes of this Agreement: "Administrative Representative" means the primary administrative contact for issues related to this Agreement as'designated in Section 3.5 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 (CTR Plan)" means a plan adopted by the City designed to reduce the proportion of single occupant vehicle commute trips and vehicle miles traveled per employee, as described in RCW 70.94.527. "Commute Trip Reduction Program (CTR Program)" means a program designed by an affected employer to reduce the proportion of single occupant vehicle commute trips and the commute trip vehicle miles traveled by employees at a worksite, as described in RCW 70.94.531. "CTR Funds" means state funds authorized by RCW 70.94.544 and Section 301 of the Natural Resources biennial budaet to help counties and cities implement commute trip reduction plans. "Major Employer" means a private or public employer that employs one hundsed or more full-time employees at a single worksite who aze scheduled to begin their regulaz workday between 6:00 a.m. and 9:00 a.m. on weekdays for at least twelve continuous months during the year, as provided in RCW 70.94.521 (herein also known as an "affected employer"). "State" is the Washinb on State Department of Transportation (WSD01) unless otherwise noted. SECTION 3.0 SCOPE OF WORK. 3.1 . Scope of Work: The scope of work to be completed by King County and the City in accordance with this Agreement is described in Exhibit A: Scope of Work, which by _ reference is made a part of this Ageement. Funds provided by the City to King County under this Agreement shall be used solely for activities undertaken to fulfill the provisions of the scope of work as provided in Exhibit A. 3.2 Regional Cooperation: Some tasks in the Scope of Work are subarea or county-wide and assume that the City will participate with the other two subareas contracting cities and try to the extent possible to develop policies and produets consistent throughout the county to take advantage of economies of scale and cost efFciencies. r 3.3 Schedule: The schedule for tasks is indicated in Exhibit A: Scope of Work. A quarterly review of progress to date and anticipated activities will be held with jurisdiction representatives. On-going review of issues and materials will be conducted with the jurisdiction representatives. - ` - - - Aubum Commute Trip Reduction Implementation Agreement Auburn Page 3 3.4 Project Organization: The contract-funded position will conduct contractual activities for the jurisdiction. The position will work in a single division which includes other contract staff and report to the CTR Services Supervisor. 3S AdministraNve Representatives: King County and the City shall each designate an administrative representative for matters pertaining to this Agreement. King County shall be represented by the Manager of Sales and Customer Service or his desib ee. The City shall be represented by the Director of Public Works or his/her desib ee. 3.6 State Requirements: At the request of the City, Kina County shall provide information to the State for monitoring or evaluation activities as outlined in the Interlocal Agreement. SECTION 4.0 DISBURSEI2ENT OF FUNDS. 4.1 Budget: The budget for work to be performed through December 31, 1999 is specified in Exhibit B. 4.2 Equipment: Equipment to be purchased under this Agreement shall be used exclusively for the purpose of CTR administration for the Ciry and other jurisdictions in Kina County. King County shall own all such equipment and maintain it at no additional cost to the City. 4.3 Payment Process: King County shall submit the City's invoice and a quarterly progress report to the City per the following schedule. The City shall make payment to King County within 30 days of receipt of the invoice. Payment Fixed Invoice Submitted Payment No Earlier Than lst payment $ 5,323.50 March 31, 1999 2nd payment $ 5,323.50 June 30, 1999 3rd payment $ 5,323.50 September 30, 1999 Final payment $ 5.323.50 December 31, 1999 Total $21,294.00 . 4.4 Payment Amounts: Each payment shall consist of the fixed amount specified above in Section 43, plus reimbursement of workshop expenses estimated to be $755.00. The City shall pay a percentage share of the workshop expenses based on the percentage of the total registrants for the workshop representing worksites in the City. Auburn Commute Trip Reduction Implementation Agreement • Auburn Page 4 The workshop expenses to be shared by the City shall consist of a fixed labor element plus actual nonlabor expenditures. The fixed labor element shall be as follows: - ETC Orientation $238.00 fixed labar charge per workshop - Program Implementation $238.00 fixed labor charge per workshop - Survey Briefing $153.00 fixed labor charae per workshop - Additional Workshops $ 34.00 fixed labor charge per hour for King County ' trainers SECTION 5.0 AUDITING OF RECORDS, DOCUNIENTS, AND REPORTS. The State Auditor and any of its representatives shall have full access to and the right to examine during normal business hours and as often as the state Auditor may deem necessary, all the records of the City and King County with respect to all matters covered in this Agreement. Each Party to the Agreement shall have similar access and rights with respect to the records of the other Party. Such representatives shall be pernutted to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, and records of matters covered by this Agreement. Such rights last for three (3) years from the date final payment is made hereunder. SECTION 6.0 EQUAL ENIPLOYiMENT OPPORTIJ1vITY. King County ab ees to abide by all applicable federal and state statutes and regulations prohibiting employment discrimination. . SECTION 7.0 WONIEN AND NIINORITY BUSINESS ENTERPRISE. King County agrees to abide by the terms of King County Ordinance 12026 in the procurement of materials, supplies, consultant or other services undertaken in the performance of this Aa eement. SECTION 8.0 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 the 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 the Agreement unless stated to be such in writing, sianed by an authorized representatives of the County, and attached to the original Agreement. ' SECTION 9.0 SEVERABILITY. . graph of this Agreement be declared invalid or void, the Should any clause, phrase, sentence or paraa remaining provisions of this Agreement shall remain in full force and effect if such_remainder continues to conform to the terms and requirements of applicable law and the. intent of this Agreement. Auburn Commute Trip Reduction Implementation Agreement Auburn Page 5 SECTION 10.0 INDEMNIFICATION AND HOLD I3ARMLESS. It is understood and agreed that this Aa eement is solely for the benefit of the Parties hereto and gives no right to any other Party. 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, and those of its officers, agents or employees, while performing work pursuant to this Agreement, to the fullest extent required by law, and ajrees to save, indemnify, defend, and hold the other Parties harmless from any such liability. In the case of negligence of multiple Parties, any damages allowed shall be assessed in proportion to the percentage of neglioence attributable to each Party, and each Party shall have the right to seek contribution from the other Parties in proportion to the percentage of negligence attributable to the other Parties. The City acknowledges it is solely responsible for its compliance with the CTR Act, and for the adoption, implementation, and enforcement of any ordinances, plans, and programs related to the CTR Act. The City shall indemnify and hold King County harmless from, and shall process and defend, at its own expense, any and all claims, demands, suits at law of equity, actions, penalties, losses, damages, or costs arising out of, in connection with, or incidental to any act or omission of the City or any of its officers, employees, subcontractors or agents in adopting or enforcing any ordinances, plans and programs related to the CTR Act. The Parties hereto acknowledge that the State of Washington is not liable for damage or claims from damages arising from any act ar omission of Kina County or the City under this Agreement. SECTION 11.0 AGREEMENT PERIOD. . This Ageement is effective from January 1, 1999. The expuation date for purposes of performina substantive work as described in Exhibit A(Scope of Work) and for incurring costs is December 31, 1999, and for final accounting purposes is January 31, 2000, unless the Parties agree to an extension. Termination of this Agreement does not relieve any of the Parties from any obligations incurred through the date of ternunation as a result of this Agreement. SECTION 12.0 AGREEIVIENT NIODIFICATIONS. This Ageement may be amended, altered, clarified or extended only by written Agreement of the designated administrative representative of the City and King County. 4 Auburn Commute Trip Reduction Implementation Agreement Auburn Page 6 SECTION 13.0 TERNIlNAT'ION. 13.1 Either Party to this Agreement may ternunate the Agreement, in whole or in part, upon tlurty (30) days' advance written notice of the termination to the other Party. If this Agreement is so terminated prior to fulfillment of the terms stated herein, King County shall be reimbursed for all actual direct and related indirect expenses and noncancellable obligations incurred to date of termination. 13.2 If at any time durina the Agreement period the State acts to terniinate, reduce, modify, or withhold CI'R Grant Funds allotted to the City pursuant to RCW 79.94.544 then either Party ° may temninate this Agreement by giving thirty (30) days' advance written notice to the other Party. Dated this day of , 1999. IN tiVTINESS WHEREOF, the Parties hereto have executed this Agreement as of the day first above mentioned. KING COUNTY: By General Manager, Metro Transit A raved as to~Orm. CTTY OF Auburn By \-"V, 84*d es OCity Attomey Mayor . . A~e-.ct_. By City Clerk ; Exhibit A City of Auburn 1999 CTR Contract Scope of Work I. Work activities required by CTR Ordinance Schedule A. Notification of New Sites First quarter and as -needed 1. Review business licenses for potential sites 2. Identify contact for potential sites 3. Send notification inquiry 4. Confirm status B: Survey First quarter 1998 Goal Measuiement Sites (10) 1. Alert employer to survey timeline 2: Send out survey timeline 3. Track survey completion and processing 4. Send survey results to employer 5. Perform site analysis and determine the sites mode of best potential for achieving SOV reduction goals. . C. Implementation Monitoring Sites (1) • Per ordinance schedule 1. Send reminder letter of implementation by site deadline 2. Make site visit within 30 days of deadline D. Program Review ~ Fourth quarter 1998 New sites (0) Goal Measurement sites (10) Non-Measurement sites (2) - 1: Remind employer of submittal deadlines 2. Monitor program report receipt 3. Review and recommend to jurisdiction 4. . Generate approval letter for City signature E. Exceptions Per ordinance 1. Inform new sites about exceptions 2. Receive and review and process requests 3. Review with jurisdiction for decision F. Records maintenance On-aoin° 1. Maintain database and master file records on. all affected sites 2. Provide required information to WSDOT and . King County as needed . 3. Provide quarterly report informarion for state funds allocation Eachibit A II. Work activities not required by CTR Ordinance Schedule A. Program Development Per ordinance schedule ~ New Sites (0) by site 1. Provide training and materials 2. Assist with baseline survey 3. Analyze survey data and make proa am recommendations • Goal Measurement Sites (10) Second quarter 1. Provide survey training 2. Analyze survey data and make program recommendations 3. Present analysis to ETC and company decision- maker B. Proa am Implementation Ongoing and per 1. Assist sites with implementation of new program network schedule elements. 2. Assist employers with joint CTR promotion and ridematching: a. Conduct two employee awareness campaia s per year . b. Help employers create an annual plan of activities c. Provide customized training 3. Assist sites with commuter event planning and materials; attend up to six (6) events 4. Promote routes that serve client sites 5. Conduct Employer Network meetings on ad hoc basis 6. Oversee Vanpool Incentive grant C. Training Quarterly 1. Provide county-wide training to new ETCs a. ETC orientation b. Program implementation and promotion c. Survey briefina 2. Provide continuing education opportunities a. produce three scheduled workshop calendars per year b. mail to all current ETCs and Program Managers ' c. coordinate central rea stration d. monitor attendance and report to , jurisdiction ~ City of Auburn Exhibit B 1999 Budget Summary 1998199 Estimated Annual CTR Allocation: $24,339 Contract Period: 1/1/99 to 12/31/99 -1999 Number of Sites: 12 ETR FTE percentage: 24% Labor: ETR Labor $14,669 Survey Labor (9 sites survey on-cycle 1 Boeing Equivalent data) $962 Indirect Labor @ .25 $3,908 $19,539 Office Expenses: Rent, Services, Materials & Supplies 1) $ 1,514 Survey Materials and Mailing/Courier cost 2) $ 241 $1,755 Fixed Total: $21,294 Estimated Workshop Costs: Basic ETC Training Part 1: ETC Orientation 3) (4 x$50) $200 Basic ETC Training Part 2: PI Workshop 3) (4 x$54) $200 Measurement Survey Briefing 4) (1 x$173) $173 Continuing Education Courses 5) (3 x$40) $120 Producing CTR Program Summary Brochure 6) (1 x$62) $62 $755 Total With Estimated Training ' $22,049 1) Graphic services, supplies and miscellaneous operatina costs which include rent, temporary clerical, parking, printing of materials, and postage, etc. ($126.18 per site) 2) Shipping materials and transporta[ion charges for delivery and pickup of the surveys to/from the site and the UW for processing. ($26.75/site survey). 3) Basic Training includes cne (1) each quarter, county-wide sessions of both ETC Orientation ($SO%a) and PI " Workshop ($50%a); registrants calculated usin, a 40% rate for trainino required from ETC turnover and new sites' ETCs. ' . 4) Measurement Survey Briefing includes one Auburn session ($173/ea) for the required 1999 survey. Assumes city or employer facility at no cost. Facility expense would be an additional cost. 5) Continuing Education Courses ($40%a); one class per quarter plus additional new intranet development Oraining; number of registrants"calculated usina 30% attendance of sites. b) Producing Your CTR Proa am Summary Brochure ($621ea); number of registrants calculated usinc, 10% attendance of sites. 99budget: Aubum 11/13/98