HomeMy WebLinkAbout2837 J
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RESOLUTION NO 2 8 3 7
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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
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8 WHEREAS, the Washington State Legislature enacted the
9 Commute Trip Reduction Act (Chapter 202 , Laws of 1991,
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codified as RCW 70 94 521-551) to require local governments in
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those counties experiencing the greatest automobile-related
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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
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"major employers" and is required by RCW 70 94 527 to develop
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19 and implement a commute trip reduction plan; and
20 WHEREAS, the parties hereto are authorized to enter into
21 an Agreement pursuant to RCW 70 94 527 (6) and Chapter 39 34
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RCW, the Interlocal Cooperation Act; and
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Resolution No 2837
April 4, 1997
Page 1
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WHEREAS, the local jurisdiction commute trip reduction
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plans are required to be coordinated and consistent with plans
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4 of adjacent jurisdictions and applicable regional plans; and
5 WHEREAS, the City and King County, through its Department
6 of Transportation (hereinafter called "King County" ) desire to
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implement the Commute Trip Reduction Act consistent with the
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guidelines established by the state Commute Trip Reduction
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10 Task Force and with King County and other cities within the
11 county; and
12 WHEREAS, the City can achieve cost efficiencies and
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administrative consistency by contracting with King County for
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commute trip reduction (CTR) implementation;
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16 NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN,
17 WASHINGTON, DO ORDAIN AS FOLLOWS
18 Section 1. The Mayor and City Clerk of the City of
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Auburn are hereby authorized to execute a Commute Trip
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21 Reduction Act Implementation Agreement with King County for
22 the purpose of assigning certain tasks to be undertaken by
23 King County on behalf of the City to implement the CTR Act,
24 commonly known as the Commute Trip Reduction Act of 1991 A
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Resolution No 2837
April 4, 1997
Page 2
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copy of said Agreement is attached hereto as Exhibit "A" and
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incorporated herein
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4 Section 2 . The Mayor is hereby authorized to implement
5 such administrative procedures as may be necessary to carry
6 out the directives of this legislation
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8 DATED and SIGNED this 21st day of April, 1997
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10 CITY OF AUBURN
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13 1- ' Cr,
CHARLES A BOOTH
14 MAYOR
15 ATTEST
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17 egLe d0, c(ir1t.1 -T
18 Robin Wohlhueter
City Clerk
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APPROVED AS TO FORM
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23 � (.
24 Michael J Reynolds,
City Attorney
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Resolution No 2837
April 4, 1997
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ORIGINAL
COMMUTE TRIP REDUCTION ACT IMPLEMENTATION AGREEMENT
An Agreement between King County,through its Department of Transportation,
(hereinafter 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 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 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 Code 28.94.110 authorizes the execution and administration of
Agreements with state and local agencies for assistance in implementing the Commute Trip
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 King County 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
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 Agreement is to assign certain tasks to be undertaken by King County on behalf
of the City to implement the CTR Act.
SECTION 2.0 DEFINITIONS.
The following definitions shall apply for purposes of this Agreement:
Auburn Commute Trip Reduction Implementation Agreement Auburn
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"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 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.
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 Agreement. 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 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.
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.
Auburn Commute Trip Reduction Implementation Agreement Auburn
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3.5 Administrative 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 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, King County 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, 1997 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 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 Labor Invoice Submitted
Payment No Earlier Than
1st payment $ 4,516.75 March 31, 1997
2nd payment $ 4,516.75 June 30, 1997
3rd payment $ 4,516.75 September 30, 1997
final payment $ 4.516.75 December 31, 1997
Total $18,067.00
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 2.42%of the actual nonlabor expenses incurred, not expected to
exceed$1,557.00 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
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 $120.00 fixed labor charge per workshop
- Program Implementation $170.00 fixed labor charge per workshop
- Survey Briefing $135.00 fixed labor charge per workshop
Auburn Commute Trip Reduction Implementation Agreement Auburn
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SECTION 5.0 AUDITING OF RECORDS, DOCUMENTS,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 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 final payment is made
hereunder.
SECTION 6.0 EQUAL EMPLOYMENT OPPORTUNITY
King County agrees to abide by all applicable federal and state statutes and regulations prohibiting
employment discrimination.
SECTION 7.0 WOMEN AND MINORITY 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 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.
Auburn Commute Trip Reduction Implementation Agreement Auburn
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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 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 or omission of King County or the City under this Agreement.
SECTION 11.0 AGREEMENT PERIOD.
This Agreement is effective from January 1, 1997 The expiration date for purposes of performing
substantive work as described in Exhibit A(Scope of Work)and for incurring costs is December 31,
1997, and for final accounting purposes is January 31, 1998, 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 King County
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, 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 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 Party
Auburn Commute Trip Reduction Implementation Agreement Auburn
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may terminate this Agreement by giving thirty(30) days' advance written notice to the other
Party �n
Dated this �L day of 111CuK996.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day first above
mentioned.
Approved as to form: KING • . xe
By By iffll//
Attorney for King County Gen ral Manager, Metro Transit
Apr. e. . to . : CITY OF Auburn
B • ' By .1 1 :► •
City Attorney Mayor
Approved as to form:
By 161./t,�j '��
City Clerk
Exhibit A
City of Auburn
1997 CTR Contract
Scope of Work
Work activities required by CTR Ordinance Schedule
A. Notification of new sites First Quarter and as needed
Identify potential sites
2. Identify contact for potential sites
3. Send notification inquiry
4. Confirm status
B. Survey First Quarter
Goal measurement sites (0) (mandatory)
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
1 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 (2)
First year sites 0
Second year(goal measurement) sites (1)
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
1 Maintain database and master file records on all affected
sites
2. Provide required information to WSEO and King County
as needed
Exhibit A
3. Provide quarterly report information for state funds
billing
Exhibit A
II. Work activities not required by CTR Ordinance Schedule
A. Program development As needed
• New sites (2):
1 Provide training and materials
2. Assist with baseline survey
3 Analyze survey data and make program
recommendations
• Second year sites (goal measurement) (9): Second quarter
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
1 Provide quarterly training to new ETC's (50%
turnover/year)
a. ETC orientation
b. Program implementation and promotion
c. Survey briefing
D Develop new incentives/products/partnerships to assist
employers with achieving CTR goals.
E. Develop supplemental promotion/partnership with City of
Auburn for April, 1997 (Budget expense outside contract
budget).
F Assist employers with rideshare promotions and planning
transportation events.
City of Auburn Exhibit B
1997 Budget Summary
1997 Estimated Annual CTR Allocation: $23,443
11 sites
Contract Period. 1/1/97 to 12/31/97
1997
ETR FTE percentage 25%
Fixed ETR Labor $14,142
Survey Labor $684
Indirect Labor @ .21858 $3,241
Total Fixed Labor $18,067
Reimbursables:
Services, Materials & Supplies 1) $1,441
Survey materials and mailing cost 2) $116
$1,557
Estimated Workshop Costs:
ETC Orientation 3) $165
PI Workshop 3) $220
Survey Briefing 4) $300
$685
Total $20,309
1) Graphic services, supplies and miscellaneous operating costs which include temporary clerical,
printing of materials,postage,office rent, car parking charges,etc.
2) Survey packing materials,mailing and courier costs.
3) Training includes one(1)each quarter county-wide sessions.
ETC Orientation ($30/ea)and PI&Promo Workshop($40/ea): registrants calculated using a 50%
rate for training required from ETC turnover and new sites ETCs.
4) Survey Briefing for up to 25 attendees/sites. Assumes no cost for facility and will be held at
employer or city facility
7--) -
King County
Department of Transportation
Transit Division
Mail Stop 181,Exchange Building
821 Second Avenue
Seattle,WA 98104-1598
05/16/97
Mr.Nick Afzali
City of Auburn
Auburn Public Works Department
25 West Main Street
Auburn, WA 98002
Dear Nick:
Enclosed is a signed copy of the 1997 CTR contract between King County and the City
of Auburn. You will notice that the attorney signature for King County is blank. Our
procedures for contract signing changed in the time in took to turn the contract around,
and our attorney is no longer signing contracts.
We look fonvard to working with you this year
Sincerely
/
Laurie Elder
Supervisor, CTR Services
LE.bhs
enclosure
COVER97 DOC
9 5116197
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CHARLES A. BOOTH,MAYOR � AUBURN CITY CLERK
Robin Wohlhueter,City Clerk Lti
u u� 25 West Main, Auburn,WA 98001
Dani Daskam, Deputy City Clerk Auburn / CityCleck:(206)931-3039
Tamie Bothell, Records/License Clerk }Business Registration:(206)931-3007 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 2837 of the resolutions of the City of Auburn, entitled "RESOLUTION
NO 2837 "
I certify that said Resolution No 2837 was duly passed by the Council and
approved by the Mayor of the said City of Auburn on the 21st day of April, 1997
Witness my hand and the seal of the City of Auburn this 20th day of June, 1997
Robin Wohlhueter
City Clerk
City of Auburn