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HomeMy WebLinkAboutKing County Commute Trip Reduction Program Implementation Agreement COMMUTE TRIP REDUCTION PROGRAM IMPLEMENTATION AGREEMENT between King County,Department of Transportation,Metro Transit Division and The City of Auburn This Commute Trip Reduction Program Implementation Agreement(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, Metro Transit Division(the "County"or"Metro Transit")and the City of Auburn(the"City"),either of which entity may be referred to hereinafter individually as "Party" or collectively as the"Parties," for the purpose of implementing the Washington State Commute Trip Reduction Law of 1991. WHEREAS,the purpose of RCW 70.94.521,et seq.,the "Commute Trip Reduction(CTR) Law," is to reduce air pollution,traffic congestion and fuel consumption by encouraging commuters to use alternative modes of transportation,such as buses,carpools,vanpools,bicycles,and walking, instead of single occupancy vehicles("SOV");and WHEREAS the CTR Law requires local governments in those counties experiencing the greatest automobile-related air pollution and traffic congestion to develop and implement Commute Trip Reduction("CTR")plans to reduce vehicle miles traveled per employee and drive alone commute trips; and WHEREAS,the CTR Law also requires major employers to develop, implement and promote employee transportation programs to encourage their employees to shift away from drive alone commutes;and WHEREAS,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 plan; and WHEREAS,the Parties hereto are 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 agencies for assistance in implementing the CTR Law;and WHEREAS,CTR plans developed by local jurisdictions are required to be coordinated and consistent with the CTR plans of adjacent jurisdictions as well as 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 Commute Trip Reduction Agreement Between King County and the City ofAuburn Page 1 of 11 Page 2 WHEREAS,the County in a separate Commute Trip Reduction Act Agreement with the State,Agreement Number GCA6239,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 WHEREAS,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 funds as payment for those services;and WHEREAS,the City and the County desire through this Agreement to implement the CTR Law consistent with the rules established by the state Commute Trip Reduction Board;and WHEREAS,the City can achieve cost efficiencies and administrative consistency by contracting with the County for CTR implementation; NOW THEREFORE,in consideration of the terms,conditions,mutual promises and covenants set forth herein,the Parties agree as follows: 1. PURPOSE The purpose of this Agreement is to establish a mechanism that will allow for certain tasks to be undertaken by the County on behalf of the City to implement the City's obligations under the CTR Law and to set forth the responsibilities of the Parties with respect to that objective. 2. 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 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 (CTR Plan)" means a plan adopted by the City designed to reduce the proportion of drive alone commute trips and commute trip vehicle miles and to administer and enforce the CTR programs of affected employers located within its jurisdiction Commute Trip Reduction Program Implementation Agreement Between King County and the City ofAubum Page 2 of 1 l Page 3 "Commute Trip Reduction Program(CTR Program)" means a program designed by an Affected Employer to reduce the proportion of drive alone commute trips and vehicle miles traveled by its employees. "CTR Funds" means state funds appropriated by the state and allocated to counties and cities for implementation of commute trip reduction plans. "Major Employer" means a private or public employer that employs one hundred or more full- time employees at a single worksite who are scheduled to begin their regular 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 Washington State Department of Transportation(WSDOT)unless otherwise noted. 3. DUTIES AND RESPONSIBILITIES 3.1 Provision of CTR Services. Metro Transit will perform the CTR implementation services specified with particularity 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 shall authorize and direct the State to reimburse the County directly. 4. PAYMENT AND BILLING 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 SCHEDULE AND PROGRESS REVIEW 5.1 Progress Reviews. The County will submit a quarterly report of progress and anticipated activities to jurisdiction representatives. On-going,periodic review of issues and materials will also be conducted with the jurisdiction representatives. 5.2 State Evaluation Requirements. At the request of the City,the County will provide information to the State for monitoring or evaluation activities. Commute Trip Reduction Program Implementation Agreement Between King County and the City ofAuburn Page 3 of 11 } Page 4 6. EFFECTIVE DATE AND TERM OF AGREEMENT This Agreement shall be effective July 1,2009 and will remain in effect through June 30,2011, unless earlier terminated pursuant to the terms of this Agreement. 7. TERMINATION 7.1 Termination for Default. Either Party may terminate this Agreement in the event the other Party fails to perform a material obligation of this Agreement. Written notice of a Party's intention to terminate this Agreement pursuant to this Subsection 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. Either Party to this Agreement may terminate the Agreement,in whole or in part,for convenience and without cause. Written notice of a Party's intention to terminate this Agreement pursuant to this Subsection 7.2 shall be provided to the other Party not less than thirty(30)days prior to the effective date of termination. 7.3 County Funding and Termination for Non-Appropriation. Performance of any Work undertaken by the County pursuant to this Agreement in advance of receiving reimbursement by the City beyond the current appropriation year is conditioned upon the appropriation by the County Council of sufficient funds to support the performance of the Work. Should such an appropriation not be approved,the Agreement shall terminate at the close of the current appropriation year. The appropriation year ends on December 31st 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 Funds allotted to the City pursuant to RCW 79.94.544 then either Party may terminate this Agreement by giving thirty (30)days advance written notice to the other Party. 8. CHANGES AND MODIFICATIONS, 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 variation or alteration of the terms of this Agreement will be valid unless made in writing and signed by authorized representatives of the Parties hereto. Commute Trip Reduction Program Implementation Agreement Between King County and the City ofAuburn Page 4 of 1 I Page S 9. NOTIFICATION AND IDENTIFICATION OF CONTACTS 9.1 Administrative Representatives. Both Parties shall designate an administrative representative to act as the contact person for matters pertaining to this Agreement. 9.2 Contact Persons and Addresses. For the County: Mr. David Lantry, Supervisor of CTR Services or Designee King County Metro Transit 400 Yesler Way,Rm. 650 Seattle, WA 98104 (206)684-1139 For the City: Mr. Joe Welsh,Transportation Planner City of Auburn 25 West Main St. Auburn,WA 98002 (253) 804-5050 9.3 Notice. Any notice or communication required or permitted to be given pursuant to this Agreement shall be in writing and shall be sent postage prepaid by U.S. Mail,return receipt requested,to the Parties'respective administrative representatives at the addresses identified in Subsection 9.2 of this Agreement. 10. DISPUTE RESOLUTION PROCESS The Parties,through their designated representatives identified in Subsection 9.2 of this Agreement, 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 managers of both Parties shall review the matter and attempt to resolve it. If they are unable to resolve the dispute, the matter shall be reviewed by the department directors of both Parties or his or her designee. The Parties agree to exhaust each of these procedural steps before seeking to resolve disputes in a court of law or any other forum. 11. AUDITING OF RECORDS,DOCUMENTS AND REPORTS The State Auditor shall have full access to and the right to examine during normal business hours, and as often as the State Auditor may reasonably deem necessary,the non-privileged records of the City and the County with respect to the matters covered by this Agreement. Both Parties shall have similar access and rights with respect to the records of the other Party. The Parties'representatives shall be permitted to audit,examine,and make excerpts or transcripts from such records and to Commute Trip Reduction Program Implementation Agreement Between King County and the City ofAubum Page 5 of 11 j ) Page 6 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. 12. INDEMNIFICATION AND HOLD HARMLESS 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 agrees 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 negligence 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. 13. LEGAL RELATIONS 13.1 No Third Party Beneficiaries. It is understood that this Agreement is solely for the benefit of the Parties hereto and gives no right to any other person or entity. 13.2 No Partnership or Joint Venture. No joint venture, agent-principal relationship or partnership is formed as a result of this Agreement. No employees or agents of one Party or any of its contractors 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 governed by and construed in accordance with the laws of the State of Washington. 13.4 Jurisdiction and Venue. The King County Superior Court, situated in Seattle, Washington, shall have exclusive jurisdiction and venue over any legal action arising under this Agreement. 13.5 Mutual Negotiation and Construction. This Agreement and each of the terms and provisions hereof shall be deemed to have been explicitly negotiated between, and mutually drafted by, both Parties, and the 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 Party. Commute Trip Reduction Program Implementation Agreement Between King County and the City ofAuburn Page 6 of I I Page 7 13.6 Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives originally contemplated by the Parties. 13.7 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 duly authorized representatives of the Parties, and attached to the original Agreement. 13.8 Assignment. Neither this Agreement,nor any interest herein, may be assigned by either Party without the prior written consent of the other Party. 13.9 Binding on Successors and Assigns. This 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 assigns. 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. 13.11 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 draft agreements on this matter,either written or oral. 13.12 Survival. The provisions of this Section 13 (Legal Relations) shall survive any termination of this Agreement. • 14. FORCE MAJEURE Either Party to this Agreement shall be excused from performance of any responsibilities and obligations under this Agreement, and shall not be liable for damages due to failure to perform, during the time and to the extent that it is prevented from performing by a cause directly or indirectly beyond its control, including, but not limited to: any incidence of fire,flood, snow, earthquake, or acts of nature; strikes or labor actions; accidents,riots, insurrection,terrorism,or acts of war; order of any court of competent jurisdiction or authorized civil authority commandeering material,products, or facilities by the federal, state or local government; or national fuel shortage; when satisfactory evidence of such cause is presented to the other Party to this Agreement, and provided that such non-performance is beyond the control and is not due to the fault or negligence of the Party not performing. In no event should this provision eliminate the obligation of the City to make payment to the County for the Work performed pursuant to this Agreement. Commute Trip Reduction Program Implementation Agreement Between King County and the City ofAuburn Page 7 of I 1 • Page 8 • 15. COMPLIANCE WITH APPLICABLE LAWS The Parties agree to comply with all applicable federal, state,and local laws,rules,and regulations, including those pertaining to nondiscrimination and agree to require the same of any subcontractors providing services or performing any of the Work using funds provided under this Agreement. 16. EXECUTION OF AGREEMENT—COUNTERPARTS This Agreement may be executed in two(2)counterparts,either of which shall be regarded for all purposes as an original. Dated this day of ,2009. IN WITNESS WHEREOF,the Parties hereto have executed this Agreement as of the latest date written below. KING COUNTY DEPARTMENT OF TRANSPORTATION METRO TRANSIT DIVISION CIT : ° , : 4 s By: AtiA By: Kevin Desmond • General Manager King Cou Metro Transit 72// 0 Date: L�p f()'� Date: Approved as to form: K.C.P.A.O. Approved as to form: • �7�J feiN IIe( / By: ��� City 4ttortry Date: 15/©? Commute Trip Reduction Program Implementation Agreement Between King County and the City ofAuburn Page 8 of I I Page 9 Exhibit A City of Auburn Commute Trip Reduction Implementation Agreement Scope of Work Period: July 1,2009,through June 30,2011 King County will implement all elements of the City of Auburn CTR workplan through the following activities I. Required Activities A) Notification of new worksites and consultation with new ETCs: 1) Notify new sites a. Identify contact for potential sites b. Send notification inquiry letter c. Follow up with site d. Confirm status and send second letter e. Secure state code f. Create timeline and legal file 2) Meet/consult with ETC at new sites a) Discuss CTR timeline and requirements of the law b) Assist with baseline survey c) Assist with program development and submittal of initial program report 3) Meet/consult with new ETCs at existing sites a) Discuss the requirements of the law,provide copy and discuss survey results and current approved program report, assist with updating CTR program summary, describe training and networking opportunities b) Assist with program element implementation(when necessary) B)Administration of CTR Surveys: 1. Prepare and send survey notifications and an enhanced survey response form(SRF)to each site 2. Schedule and hold survey briefings 3. Follow up with phone calls and emails for sites with late SRFs 4. Review and grant extensions 5. Set up and assist sites in the online survey system 6. Mail surveys to,and assist sites with paper surveys 7. Track survey completion and processing 1. Generate and send next steps letter and survey results report to site 2. Analyze survey results and make recommendations for program improvements for sites not making progress; recommendations based on review of survey data, site characteristics, worksite policies and zip code data 3. Meet with ETCs and PM or management to discuss program recommendations, explain product and incentive opportunities and program promotion Commute Trip Reduction Program Implementation Agreement Between King County and the City of Auburn Page 9 of I I . 1 Page 10 C) Employer Report: 1. Send report reminder letters 2. Monitor program report receipt 3. Follow up with sites with late program reports via phone or email 4. Review and grant extensions 5. Provide ongoing assistance to ETCs with the online report system 6. Review all program reports for completeness and potential for trip reduction • Incentives/Subsidies or Pre-Tax benefit • Parking Management • Guaranteed Ride Home • CTR Program Summary and program promotion plan 7. Assist with development or updating of CTR Program Summary 8. Provide jurisdiction with summary of programs and recommended actions 9. Generate approval letter for City signature • 10. Complete report entry and approve in the online system E) Review of Exemptions: 1. Inform ETCs about process and criteria 2. Receive requests and copy to city 3. Review and analyze request and provide comments to City 4. Contact employer as needed, generate and send response per city F) Record Maintenance: 1. Maintain database on all affected sites 2. Maintain database on all ETCs 3. Maintain master file records on all affected sites 4. On a quarterly basis, provide WSDOT with hard copy of each employer program report approved within the quarter 5. Provide WSDOT with an electronic copy of the CTR database of the City's CTR- affected employers, quarterly or as required by WSDOT 6. Provide quarterly report information for jurisdiction to complete state funds billing G) Enforcement: 1. Non-compliance issues a. Review legal guidelines(ordinance,municipal code and RCW) b. Document infractions (emails sent, legal files,phone calls)and assemble information for review c. Determine next steps with jurisdiction d. Provide legal files for jurisdiction to review e. Consult with jurisdiction Commute Trip Reduction Program Implementation Agreement Between King County and the City ofAuburn Page 10 of 1 1 . ............._....._.._................ Page 11 f. Prepare and send correspondence to site g. Follow up with site and negotiate steps for compliance IL Employer Service Activities A) Employer Training: 1. Schedule,promote,register and conduct ETC Training: a. Part 1 of Basic Training(Orientation to the CTR Law) b. Part 2 of Basic Training(Program Implementation and Promotion) c. Survey briefings d. Pre-Tax Commuter Benefit Quick Course 2. Track training attendance and notify ETCs of training requirement 3. Provide other training (as applicable) B) Incentives: Purchase incentives for worksites as directed by the City C) Promotion, Marketing and Employer Outreach: 1. Respond to ETCs questions and requests regarding CTR requirements, surveying, reporting, transit service, commute options, commute products 2. Direct ETCs to utilize tools and resources available on the interne 3. Conduct employer commute and relocation events a. Conduct origin and destination analysis and provide solution/recommendations b. Conduct route planning and/or van and carpool formations 4. Schedule, promote,engage speakers and facilitate Employer Network group meetings 5. Update and maintain CTR website and printed with current information about transportation infrastructure,commute products and commute related tax information. 6. Send transportation related news/announcements via email to all ETCs 7. Coordinate,promote and mail Wheel Options/Bike to Work Day packets to sites Commute Trip Reduction Program Implementation Agreement Between King County and the City ofAuburn Page 11 of II