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HomeMy WebLinkAbout2723 0800/ 1 RESOLUTION NO 2 7 2 3 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN 4 INTERLOCAL AGREEMENT BETWEEN KING COUNTY (THROUGH ITS 5 DEPARTMENT OF METROPOLITAN SERVICES) AND THE CITY OF AUBURN FOR THE PURPOSE OF IMPLEMENTING THE WASHINGTON STATE COMMUTE 6 TRIP REDUCTION ACT OF 1991 7 WHEREAS, the Washington State Legislature enacted the 8 Commute Trip Reduction Act (Chapter 202, Laws of 1991, 9 codified as RCW 70 94 521-551) to require local governments in 10 those counties experiencing the greatest automobile-related 11 air pollution and traffic congestion to develop and implement 12 plans to reduce vehicle miles traveled per employee single- 13 occupant vehicle commute trips; and 14 WHEREAS, the City has within its boundaries one or more 15 "major employers" and is required by RCW 70 94 527 to develop 16 and implement a commute trip reduction plan; and 17 WHEREAS, the parties hereto are authorized to enter into 18 an Agreement pursuant to RCW 70 94 527 (6) and Chapter 39 34 19 RCW, the Interlocal Cooperation Act ; and 20 WHEREAS, the local jurisdiction commute trip reduction 21 plans are required to be coordinated and consistent with plans 22 of adjacent jurisdictions and applicable regional plans; and 23 24 25 26 Resolution No 2723 February 20, 1996 Page 1 1 WHEREAS, the City and King County, through its Department 2 of Metropolitan Services (hereinafter called "Metro" ) desire 3 to implement the Commute Trip Reduction Act consistent with 4 the guidelines established by the state Commute Trip Reduction 5 Task Force and with King County and other cities within the 6 county; and 7 WHEREAS, the City can achieve cost efficiencies and 8 administrative consistency by contracting with Metro for 9 commute trip reduction (CTR) implementation; 10 NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN, 11 WASHINGTON, DO ORDAIN AS FOLLOWS 12 13 Section 1. The Mayor and City Clerk of the City of Auburn are hereby authorized to execute an Interlocal 14 Agreement with King County for the purpose of assigning 15 certain tasks to be undertaken by Metro on behalf of the City 16 to implement the CTR Act, commonly known as the Commute Trip 17 18 Reduction Act of 1991 A copy of said Agreement is attached 19 hereto as Exhibit "A" and incorporated herein 20 Section 2 The Mayor is hereby authorized to implement 21 such administrative procedures as may be necessary to carry 22 out the directives of this legislation 23 24 25 26 Resolution No 2723 February 20, 1996 Page 2 1 DATED and SIGNED this 4th day of March, 1996 2 3 4 CITY OF AUBURN 5 6 &If Citet4eS - 7 CHARLES A BOOTH 8 MAYOR 9 10 11 12 ATTEST 13 14 15 —Salsa i (A s W(,/L� // °obin Wohlhueter 16 City Clerk 17 18 19 20 APPROVED AS TO FORM 21 22 23 Michael J w•eynolds, 24 City Attorney 25 26 Resolution No 2723 February 20, 1996 Page 3 -4. ORIGINAL COMMUTE TRIP REDUCTION ACT IMPLEMENTATION AGREEMENT An agreement between King County through its Department of Metropolitan Services, (hereinafter called "Metro") 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 Washington State Legislature enacted the Commute Tnp 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 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 RCW 70.94.527 (6); and WHEREAS, the King County Council authorized the execution and administration of agreements with state and local agencies for assistance in implementing the Commute Tnp Reduction Act; 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 City and Metro desire to implement the Commute Trip Reduction Act consistent with the guidelines established by the state Commute Trip Reduction Task Force and with King County and other cities within the county; and WHEREAS, the City can achieve cost efficiencies and administrative consistency by contractmg with Metro for C 1 R implementation, NOW THEREFORE, in consideration of the mutual'promises and covenants herein. it is hereby agreed. SECTION 1.0 PURPOSE. The purpose of this Agreement is to assign certain tasks to be undertaken by Metro on behalf of the City to implement the CTR Act. a7A3 1 C.\CON96\AUBURN.CLN Auburn-Commute Trip Reduction Interlocal 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 budget to help counties and cities implement 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 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 Energy Office (WSEO) unless otherwise noted. SECTION 3.0 SCOPE OF WORK. 3.1 Scope of Work: The scope of work to be completed by Metro 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 Agreement. Funds provided by the City to Metro 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 products consistent throughout the county to take advantage of economies of scale and cost efficiencies. 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. 2 C:\CON96W UB URN.C LN Auburn.Commute Trip Reduction Interlocal Agreement Auburn Page 3 3.4 Project Organization. The contract-funded positions will conduct contractual activities for the jurisdiction. The CTR position will work in a single division which includes other contract staff, and report to the CTR Services Supervisor 3.5 Administrative Representatives: Metro and the City shall each designate an administrative representative for matters pertaining to this Agreement. Metro shall be represented by the Manager of Service Development or his designee. The City shall be represented by the Director of Public Works or his/her designee. 3.6 State Requirements: At the request of the City, Metro shall provide information to the State for monitoring or evaluation activities as outlined in the Interlocal Agreement. SECTION 4.0 DISBURSEMENT OF FUNDS. 4.1 Budget: The budget for work to be performed through December 31, 1996 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 City and other jurisdictions in King County Metro shall own all such equipment and maintain it at no additional cost to the City 4.3 Payment Process: Metro shall submit the City's invoice and a quarterly progress report to the City per the following schedule. The City shall make payment to Metro within 30 days of receipt of the invoice. Payment Fixed Labor Invoice Submitted Payment No Earlier Than 1st payment $ 4,20325 March 31, 1996 2nd payment $ 4,203.25 June 30, 1996 3rd payment $ 4,203.25 September 30, 1996 final payment $ 4 203.25 December 31, 1996 Total $16,813.00 4.4 Payment Amounts: Each payment shall consist of the fixed labor amount specified above in Section 4.3, plus reimbursement of(1) workshop expenses and (2) other actual nonlabor expenses. The City shall pay 8% of the actual nonlabor expenses incurred, not expected to exceed $728.00 for the City 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 3 C:\CON96\AUBURN.CLN Auburn•Commute Trip Reduction Interlocal 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 S120 00 fixed labor charge per workshop - Program Implementation S170 00 fixed labor charge per workshop - Survey Briefing $100.00 fixed labor charge per workshop SECTION 5.0 AUDITING OF RECORDS, DOCUMENTS, AND REPORTS. The State Auditor and any of its representatives shall have firll 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 Metro 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 permitted 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 fmal payment is made hereunder SECTION 6.0 EQUAL EMPLOYMENT OPPORTUNITY Metro agrees to abide by all applicable federal and state statutes and regulations prohibiting employment discrimination. SECTION 7.0 WOMEN AND MINORITY BUSINESS ENTERPRISE. Metro agrees to abide by the terms of Metro Council Resolution No. 6054 in the procurement of materials, supplies, consultant or other services undertaken in the performance of this Agreement. 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, signed by an authorized representatives of the County, and attached to the original agreement. SECTION 9.0 SEVERABILITY Should any clause, phrase, sentence or paragraph of this Agreement be declared invalid or void, the 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. 4 C:\CON96\AUBURN CLN Auburn.Commute Trip Reduction Interlocal Agreement Auburn Page 5 SECTION 10.0 INDEMNIFICATION AND HOLD HARMLESS. It is understood and agreed that this Agreement is solely for the benefit of the parties hereto and gives no right to any other 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 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 Metro 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 or omission of Metro or the City under this Agreement. SECTION 11.0 AGREEMENT PERIOD. This Agreement is effective from January 1, 1996. The expiration date for purposes of performing substantive work as described in Exhibit A(Scope of work) and for incurring costs is December 31, 1996, and for final accounting purposes is January 31, 1997, 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 termination as a result of this Agreement. SECTION 12.0 AGREEMENT MODIFICATIONS. This Agreement may be amended, altered, clarified or extended only by written agreement of the designated administrative representative of the City and Metro. SECTION 13.0 TERMINATION. 13.1 Either party to this Agreement may terminate the Agreement, in whole or in part, upon thirty (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, Metro 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 during the Agreement period the State acts to terminate, reduce, modify, or withhold CTR Grant Funds allotted to the City pursuant to RCW 79.94.544 then either 5 C:\CON96\AUBURN.CLN Auburn Commute Trip Reduction Interlocal Agreement Auburn Page 6 party may terminate this Agreement by giving thirty (30) days' advance written notice to the other party Dated this day of , 19970 e.)11.604.- IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day first above mentioned. Approv:d as to form. METR By b4 a By Attorney or Metro Deputy Executive for Metro/Executive Director pr v d as to fo , . CITY OF Auburn y(�6S (3 .a. B Y N* City Attorney Mayor Approved as to form: By1 /ja eS � City Clerk 6 C:\CON96\AUBURN.CLN Exhibit A City of Auburn 1996 CTR Contract Scope of Work Work activities required by CTR Ordinance Schedule A. Notification of new sites First Quarter and as needed 1 Identify potential sites 2. Identify contact for potential sites 3 Send notification inquiry 4 Confirm status B. Survey Not applicable in 1996 Goal measurement sites (0) (mandatory) 1 Alert employer to survey timeline 2. Sent out survey timeline 3 Track survey completion and processing 4 Send survey results to employer 5 Meet to discuss results C. Implementation monitoring - first year sites Per ordinance schedule by site Send reminder letter of implementation deadline 2. Make site visit within 30 days of deadline D Program Review Fourth quarter and per ordinance schedule by site Original Program submittal sites (1) First year sites (1) Second year (goal measurement) sites (0) Third year sites (8) 1 Remind employers of submittal deadlines 2. Monitor program report receipt 3 Review and recommend to jurisdiction 4 Generate approval letter E. Exceptions As needed 1 Inform new sites about exceptions 2. Receive and review and process requests 3 Review with jurisdiction for decision F Records maintenance On-going Maintain database and master file records on all affected sites 2. Provide required information to WSEO and King County as needed r'rnNfF\crnPfl A T MT 1RN nnr • Exhibit A H. Work activities not required by CTR Ordinance Schedule A. Program development As needed • New sites (0): 1 Provide training and materials 2. Assist with baseline survey 3 Analyze survey data and make program recommendations • Second year sites (goal measurement) (0): Not applicable in 1996 1 Provide survey training 2. Analyze survey data and make program recommendations 3 Present analysis to ETC and company decision-maker B Program implementation On-going and per network schedule 1 Assist sites with new program elements: a. facilitate implementation planning b. help ETC create a CTR promotion plan 2. Assist network groups with joint CTR promotion and ridematching: a. provide three employee awareness campaigns per year b. help networks create an annual plan for activities c. identify cluster/network mode potential d. provide customized training C. Training Quarterly Provide quarterly training to new ETC's (50% turnover/year) a. ETC orientation b. Program implementation and promotion c. Survey briefing C \CON96\SCOPE\AIBIIRN DOC City of Auburn Exhibit B 1996 Budget Summary 1996 Annual CTR Allocation. $20,608 10 sites Contract Period. 1/1/96 to 12/31/96 ...@^'.e FTE 25% Fixed Labor $13,797 Indirect Labor @ .21858 $3,016 Total Fixed Labor $16,813 Reimbursables: I) Services, Materials& Supplies $221 Office Lease $507 $728 Estimated Workshop Costs 2) ETC Orientation $90 PI Workshop $120 Survey Briefing $120 $330 Estimated Total 517,871 1) Services,materials, supplies& operating costs include temporary clerical, printing of materials, postage, office rent calculated at 1.05 of'95 annualized expense& 2) Training includes one(1)each quarter, county-wide sessions: of ETC Orientation(530/ea), PI& Promo Workshop(540/ea)and Survey Briefings($40/ea),registrants calculated using a 30%turnover rate. 96CONTR XLS d1 11/13/95 COO/ CHARLES A BO011I, MAYOR C Altnb∎ AUBURN CITY ATTORNEY SLOW Re■nolth it‘ Atiornc■ Judah c Au.man.n.a.mni ot■ Artnrney 25 West Main. Auburn,WA 95001 Karen C Gulliver,Pro.ccuaor Civil:(206)931 3030 Criminal:(206)801-3108 James s utremcky, Pr .eeulor Fax.(206)931 3053 STATE OF WASHINGTON) ) ss. COUNTY OF KING ) I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Resolution No 2723 of the resolutions of the City of Auburn, entitled "RESOLUTION NO " I certify that said Resolution No 2723 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the 4th day of March, 1996 Witness my hand and the seal of the City of Auburn this 24th day of June, 1996 1/d/A �� Robin Wohlhueter City Clerk City of Auburn CITY OF AUBURN INTEROFFICE MEMORANDUM TO Frank Currie, Public Works Directo�ly� FROM: Robin Wohihueter, City Clerk �J SUBJECT Commute Trip Reduction Act of 1991 DATE. March 6, 1996 As you know the Council adopted Resolution No. 2723 at its March 4th meeting authorizing the City to enter into an Interlocal Agreement with King County for the purpose of implementing the Washington State Commute Trip Reduction Act of 1991 There are two original Commute Trip Reduction Act Implementation Agreements attached to this memo that now require the appropriate signature from the Department of Metropolitan Services. On page 6 of the Agreement there is a change in the year to 1996 instead of 1995 which has been initialed by the Mayor and should be initialed by METRO Return a fully executed original Agreement to me for filing with Resolution No. 2723. Thank you for your assistance cc: Brenda Kennedy, Personnel Director Paul Krauss, Planning & Community Development Director