HomeMy WebLinkAbout2886 1 RESOLUTION NO 2 8 8 6
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
4 WASHINGTON, AUTHORIZING EXECUTION OF COMMUTE TRIP REDUCTION
ACT INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF
5 AUBURN TO ALLOCATE TO THE CITY ITS PROPORTIONATE SHARE OF
STATE TECHNICAL ASSISTANCE FUNDING FOR REIMBURSEMENT COSTS FOR
6 IMPLEMENTING A COMMUTE TRIP REDUCTION PLAN AND TO CONTINUE A
7 COOPERATIVE APPROACH BETWEEN THE CITY AND COUNTY TO ADDRESS
INTERJURISDICTIONAL ISSUES
8
9 WHEREAS, the Washington State Legislature enacted the
10
Commute Trip Reduction Act (Chapter 202 , Laws of 1991,
11
codified as RCW 70 94 521- 551) to require local governments
12
13 in those counties experiencing the greatest automobile-related
14 air pollution and traffic congestion to develop and implement
15 plans to reduce vehicle miles traveled per employee single-
16
occupant vehicle commute trips; and
17
WHEREAS, the City has within its boundaries one or more
18
19 "major employers" and is required by RCW 70 94 527 to develop
20 and implement a commute trip reduction plan; and
21 WHEREAS, the local jurisdiction commute trip reduction
22
plans are required to be coordinated and consistent with plans
23
of adjacent jurisdictions and applicable regional plans; and
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25
26
Resolution No 2886
October 28, 1997
Page 1
1 WHEREAS, the Legislature appropriated funds to provide
2
technical assistance funding to local jurisdictions required
3
to develop and implement commute trip reduction plans; and
4
5 pursuant to RCW 70 94 544 , the Washington State Department of
6 Transportation shall distribute these funds to counties, which
7 shall in turn distribute funds to those cities within the
8
county in proportion to the number of major employers and
9
10 major worksites within each city; and
11 WHEREAS, the parties hereto are authorized to enter into
12 an Agreement pursuant to RCW 70 94 527 (6) and Chapter 39 34
13 RCW -- the Interlocal Cooperation Act;
14
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN,
15
16 WASHINGTON, DO ORDAIN AS FOLLOWS
17 $ection 1 . The City of Auburn is hereby authorized to
18 execute Commute Trip Reduction Act Interlocal Agreement with
19
King County for the purposes of allocating to the City its
20
proportionate share of the State technical assistance funding
21
22 for reimbursing the City for its costs of implementing a
23 commute trip reduction plan, and to continue a cooperative
24 approach between the City and King County in order to address
25
26
Resolution No 2886
October 28, 1997
Page 2
1 interjurisdictional issues and to meet the statutory
2
requirements for coordination and consistency among the
3
4 jurisdictions' respective commute trip reduction plans A
5 copy of said Agreement is attached hereto as Exhibit "A" and
6 incorporated herein
Section 2 . The Mayor is hereby authorized to implement
S
such administrative procedures as may be necessary to carry
9
10 out the directives of this legislation
11 DATED and SIGNED this 17th day of November, 1997
12
CITY OF AUBURN
13
14 K\Ast eS c&aok
15 CHARLES A BOOTH
Mayor
16 ATTEST
17
18 j 410), / 1'i
19 Da ielle E Daskam,
20 City Clerk
21 A ROVED AS TO FORM
: , Q&i4 '
Michael J Reynolds,
24 City Attorney
25
26
Resolution No 2886
October 28, 1997
Page 3
REs
COMMUTE TRIP REDUCTION ACT 1NTERLOCAL AGREEMENT
This Agreement is entered into by and between
King County(the"County")and the City of Auburn("City").
WHEREAS, the Legislature enacted RCW 70.94.521-.551, commonly mown 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 pursuant to
RCW 70.94.544, the Washington State Department of Transportation shall distribute these funds to
counties, which shall in turn distribute funds to those cities within the county in proportion to the
number of major employers and major worksites within each city; 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, it is
hereby agreed:
SECTION 1.0 PURPOSES
The purposes of this Agreement are: (1) To allocate to the City its proportionate share of the State
technical assistance funding for reimbursing the City for its costs of implementing a commute trip
reduction plan 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 "A"
Resolution No 2886
1
provide the County with written notification to that effect at least forty-five days in advance.
Unless otherwise agreed by the parties, such change in City/County responsibilities shall
occur at the end of the quarter in which notice was given or, if such provides less than forty-
five days notice, at the end of the following quarter.
3.2 Separate Agreements for CTR Services: Consicdent 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.
33 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
performance of the Statement 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, 'mown to each other in writing, immediately
after such designation.
3.5 King County C FR Coordinating Committee: The County shall establish and provide
administrative support to a CTR Coordinating Committee--a staff-level committee with
representatives from Metro and each city in King County required to develop a CTR Plan.
Each entity will name its representative to the committee in its own manner. The purposes of
the committee shall be to (1)provide a forum for efforts to coordinate the development of the
CTR Planc, (2) address issues and share information related to implementation of the CTR
Planc, and (3) address other transportation demand management matters as agreed to by the
committee.
SECTION 4.0 DISBURSEMENT OF CTR FUNDS.
4.1 Amounts Available. The total amount of CTR Funds available to reimburse the City during
the Agreement period shall be calculated annually according to the method described in
Exhibit B. Methodology for Allocating CTR Funds,which by reference is made a part of this
Agreement.
4.2 Quarterly Invoice and Progress Report. The City shall submit to the County an invoice
and progress report within thirty days of the end of each quarter which shall, in conformance
with all requirements imposed by the State, set forth the costs for which the City seeks
3 Exhibit "A"
Resolution No. 2886
SECTION 6.0 RECAPTURE AND NONCOATPLIANCE PROVISIONS. Upon written notice
that the State has determined to suspend or terminate reimbursment of the City,the County shall have
no obligation to continue processing City invoices. In the event the State demands a refund of any
amount paid to the County for distribution to the City, the City agrees to refund said amount within
thirty days directly to the State or through the County as may be required by the State. The City
further agrees to defend, indemnify and hold harmless the County against any and all claims,
demands, lawsuits or liability of any kind which may be asserted against the County by the State for
refund of amounts paid to the City and any costs incurred by the State in recovering same, including
but not limited to attorney's fees.
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 REDUCTION IN FUNDS. If there is a reduction of CTR Funds by the State, and
if such funds are the basis of this Agreement, the County and the City agree to reduce their respective
statements of work or budgets under this Agreement and/or the Parties may terminate the
Agreement, as provided in Section 12.4.
SECTION 8.0 NONDISCRIMINATION.
8.1 General Nondiscrimination Statement: There shall be no illegal discrimination against any
employee who is paid with CTR Funds or against any applicant for such employment because
of race, religion, color, sex, marital status, creed, national origin, age, Vietnam era/di:abled
veterans status, or the presence of any sensory, mental, or physical disability This provision
shall include but not be limited to the following: employment, upgrading, demotion, transfer,
recntitment, advertising, layoff or termination, rates of pay or other forms of compensation,
and selection for training.
8.2 Americans with Disabilities Act (ADA) of 1990, Public law 101-336: The City must
comply with the ADA, which provides comprehensive civil rights protection to individuals
with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
SECTION 9.0 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, slimed by an
authorized representative of the entity making such waiver.
Exhibit "A"
Resolution No. 2886
5
12.2 Duration. This Agreement shall automatically expire on June 30 of odd-numbered years
unless the Parties take action to extend it as provided in Subsection 12.3. The Parties may
extend the agreement for an additional two (2) year period by executing an agreement
substantially in the form of Exhibit C: Format for Agreement to Extend and/or Modify the
CTR Interlocal Agreement(ILA).
12.3 Modification. This Agreement may be amended or otherwise altered only by tizitten
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 (ILA) may be
used for such action.
12.4 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
Agreement upon giving thirty(30) days written notice to the other Party The County shall
have the authority and responsibility to ensure that upon termination of this Agreement, any
remaining CTR Funds are made available in the manner described in Section 4.0 of this
Agreement or returned to the State.
12.5 Non-Appropriation of Funds: If sufficient funds are not appropriated or allocated for
payment under an extension to this Agreement for any future biennium, the County will not
be obligated to make any payments after the end of the then current biennium and this
Agreement will expire.
SECTION 13. CHANGE IN STATUS
13.1 Addition of Cities for Purposes of Allocation of Funds. Any city within the County that is
not Party to an Agreement with the County for the distribution of Cm funds that (a)
becomes affected by Chapter 70.94 RCW and is required to implement a CTR plan and (b)
enters into an Agreement with the County shall be allocated CTR Funds beginning with the
next annual allocation period provided for in Section 4 1 of this Agreement.
13.2 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 Cm Funds effective with the quarter following the change in
status.
Exhibit "A"
Resolution No 2886
7
EXI IBTT A: STATEMENT OF WORK
Implementation of Commute Trip Reduction Plans and Programs
BACKGROUND: The 1991 Session of the Washington State Legislature found that automobile
traffic in Washington's metropolitan areas is the major source of emissions of air contaminants and
that increasing automobile traffic is aggravating traffic congestion. Further,the Legislature found that
increasing automobile traffic is a major factor in increasing consumption of gasoline. Reducing the
number of commute trips to work via single-occupant vehicles is an effective way of reducing
vehicle-related air pollution,traffic congestion, and energy use.
To address these problems, the Commute Trip Reduction (CTR) Act was enacted by the 1991
Legislature and signed by the Governor. This Act required cities and counties containing "major
employers" in the eight counties experiencing the greatest vehicle-related air pollution, gasoline
consumption and congestion problems to develop plans and programs to reduce single-occupant
vehicle commute trips. A ninth county became affected by the Act in 1996.
These counties and cities established and implemented commute trip reduction plans for all major
employers within their jurisdiction. The commute trip reduction plans were developed in cooperation
with local transit agencies, regional transportation planning organizations, and major employers.
Additionally, the trip reduction plans are required to be consistent with the guidelines established by
the State's Commute Trip Reduction Task Force.
King County and the sixteen cities affected by the CTR law(Algona, Auburn, Bellevue, Bothell, Des
Moines, Enumclaw, Federal Way, Issaquah, Kent, Kirkland, Mercer Island, Redmond, Renton,
SeaTac, Seattle, and Tukwila) entered into the 1991-1993 CTR Interlocal Agreement (ILA) for the
purposes of allocating State CTR grant funds for the initial development and implementation of CTR
program Under this agreement the County and the cities passed local CTR ordinances, identified
potentially affected employers, established commute trip reduction zones and zone base year values
and progress year goals, and conducted review of local parking policies as they related to CTR
Beginning with the 1993-1995 allocation, the cities of Burien and Woodinville were added to the list
of affected CTR cities in King County and began receiving their proportionate share of CTR funding.
In the 1995-1997 biennium,the City of Shoreline was added, with proportionate allocation occurring
in the second year of the biennium.
This CTR ILA involves on-going program administration, including, but not limited to: employer
initial program descriptions, employer annual reports, and employee survey results, where and when
available. It is intended that this CTR ILA will be administratively renewed each biennium with the
scope of work modified as is necessary to accommodate changes in State technical assistance fund
requirements or local conditions.
Exhibit "A"
Resolution Mo 2886
9
survey database information must be submitted in WSDOT-specified format at least
three weeks prior to submitting survey forms for processing.
3 0 Annual Progress Reporting:
3.1 The quarterly reports submitted as described below shall constitute fulfillment of the
City's annual reporting requirements of RCW 70.94.527(8).
3.2 Employer Annual Progress Reporting
The City or its designee will:
1. Use the state-provided "Program Description & Employer Annual Report:
form or submit the City form(s) for review by the WSDOT for data
compatibility and consistency with the state "Program Description &
Employer Annual Report"form.
2. Submit to the WSDOT, as part of the quarterly report identified in Attachment
1, one (1) hard copy of each "Program Description & Employer Annual
Report"approved by the City during the previous quarter.
4.0 Quarterly Reporting. The City or its designee will submit quarterly reports to the County
with the invoice vouchers, in the format provided in Attachment 1, that adequately and
accurately assess the progress made by the City in implementing RCW 70.94.521-551 within
thirty (30) days of the end of each quarter for the first seven quarters and within twenty (20)
days of the end of the final quarter.
5 0 Memorandum of Understanding. The City or its designee will pursue in good faith a
memorandum of understanding with the County in substantially the came form as Attachment 2
regarding the provision to WSDOT of data and documents that will enhance the WSDOTs
capacity to analyze and evaluate the effectiveness of the CTR legislation. Notwithstanding any
other provision hereof,the tasks and activities specified in such Memorandum of Understanding
shall not constitute additional City tasks under this Exhibit A - Statement of Work, and neither
the inability of the Parties hereto to reach agreement with respect to such Memorandum of
Understanding nor the City+s failure to perform any of the tasks and activities specified in such
Memorandum of Understanding shall constitute a defauh or breach of this Interlocal
Agreement.
COUNTY TASKS:
1.0 Liaison: Serve as a liaison between WSDOT and cities, towns, transit agencies, and regional
transportation planning organizations for the purposes of RCW 70.94.521-551
2.0 Distribute the WSDOT-provided State Program Description &Employer Annual Report Form
to local jurisdictions within the county implementing CTR plans and ordinances, as requested.
11 Exhibit "A"
Resolution No. 2886
i -
Jurisdiction (s) Contact Names,Address,and Phone Numbers
Jurisdiction A John Who City of X PO Box 1234 X, WA 98000 Phone(206)999-9999
6. Additions, Deletions, and Changes to the List of Affected Employers & Worksites in the
Jurisdiction.
City of X JCODE
• E30100
• Employer
• Site Address
• Site City, State Zipcode
• ETC Contact Name
• Address
• City, State Zipcode
• ETC's Phone
• ETC's Fax
• Affected Date
• Unaffected Date(if applicable)
• Annual Report Date
• Zone Code
7 Total Number of Affected Worksites in Jurisdiction
Number of Affected Increase/Decrease
Affected Jurisdiction Worksites From Last
Quarter
Jurisdiction A 15 +1
8. List of Sites Which Have Applied for Exemptions or Goal Modifications
Employer Name Request Granted or Denied Effective Date
9. Employer Annual Reports Approved During the Quarter
Attach one hard copy of any employer annual reports approved by the jurisdiction during the
quarter.
13
Exhibit "A"
Resolution No. 2886
EXHIBIT B: METHODOLOGI FOR ALLOCATING CTR FUNDS
This exhibit describes the methodology for allocating CTR funds among the County and the affected
CTR cities within the county that are required to plan and implement a CTR plan by RCW
70.94.521-.551,including the City that is Party to this Agreement.
1. Definition: For purposes of this exhibit, the following definition shall apply in addition to those in
Section 2 of this Agreement:
"Actual Affected Employer Worksites" means a worksite of an affected employer for which
the employer has, within the twelve month period ending June 30, (1) submitted a program
description or received an extension of this deadline for this action if authorized by local
ordinance, (2) submitted an annual or other report or requested an extension of the deadline
for submitting such reports, (3) been exempted or otherwise excused from submitting annual
or other reports but is still required to implement an employer CTR program by locally
adopted ordinance, (4) been exempted from all or a portion of CTR program requirements,
or(5)been identified as being an affected work she on as of June 30.
2. Annual Allocation: CTR Funds will be allocated annually based on the State's fiscal year (July 1
to June 30).
3. Amount to Be Allocated for Each Allocation Period. The amount to be allocated annually
chall be (a) one-half of the total biennial amount of State CTR funds or (b), in the event that the
State/County contract specifies other schedules for disbursements, the total amount to be disbursed
to the County by the State for the State's fiscal year.
4. Allocation Method. State CTR funds shall be allocated annually The allocation shall be in direct
proportion to the number of actual affected employer worksites compared to the total number of
affected employer worksites within the entire county effective March 31 of each year. The City shall
submit a listing of actual affected employer worksites to the County by April 5 of each year for
purposes of calculating the allocation.
Exhibit "A"
15 Resolution No 2886
OCT 14 1997
�1
— Re-4j
King County Executive [ '
October 8, 1997 RON SIMS � ^ F- t z " r\swA"rca °�S
t^ i a) Ll i H Like( Lulu ,, Jut is
r &v-t Q p l,t_.a-de_ Se.,A tee,
The Honorable Charles Booth S ' t"e-4 Cd c t d
Mayor, City of Auburn P° t Qc v
2i \hest Main Street
Auburn, WA 98001-4998 J),\ /M/tC—f
Dear Mayor Booth. CQl/1/U It1^�
I am pleased to send you the Commute Trip Reduction (CTR) Interlocal Agreement for your
signature. The purpose of this agreement is to allow the City of Auburn to receive its share of
state technical assistance funds to be used for implementing Auburn's Commute Trip Reduction
Plan in accordance with the CTR law These technical assistance funds will be available on a
reimbursement basis for the biennium, which extends from July 1, 1997 through June 30, 1999
The City of Auburn s first-year allocation, approximately one-half of the biennial allocation. is
524 009 98 based on Auburn s worksites as of March 31 1997 King County will make even
attempt to expedite disbursement of state CTR funds to your city pending execution of this
Interlocal Agreement and receipt of an invoice for expenditures made by the City
Please review the CTR Interlocal Agreement, affix the authorized signatures to page 8. and
return four copies of the signed agreement to ,knn Martin. Principal Transportation Planner
King County Department of Transportation, 821 Second Avenue, MS 65 Seattle, WA 98104
When the process is complete. you will receive a fully executed cop\ for your tiles.
Meanwhile- if you have any questions or concerns about this Agreement, please feel free to
contact me at (206) 296-4040 or Aim Martin at (206) 689-4711
- mc: -ely
Ron Sims
King County Executive
Enclosures
cc Nick Afzali, Transportation Pianncr Public -works Department. City of Auburn
Paul A. Toliver Director Department of Transportation
Ann Martin, Principal Transportation Planner, Transportation System Planning Section
KING COUNTI COURTHOUSE 516 THIRD AVENUE, ROOM 400 SEATTLE WA 98104-3271
(206) 296-4040 296-0194 FAX 296-0200 TDD E-mail: ron.sims @metrokc.gov
King County is an Equal Opportunity/Affirmative Action Employer and complies with the Amencans with Disabilities Act Z
OtYo`
CHARLES A.BOOTH,MAYOR r* �').∎ ) AUBURN CITY CLERK
Robin skam,eteputyy Clerk " .� +•.i
25 West Main, Auburn,WA 98001
Dam Daskam, Deputy City Clerk çç ':itiibtirui:" City Clerk:(253)931-3039
Tamie Bothell, Records/License Clerk Business Registration:(253)931 3007 Fax (253)2_88-3132
{M4
shiing,t
December 1, 1997
Ann Martin
Principal Transportation Planner
King County Department of Transportation
821 Second Avenue, MS 65
Seattle, WA 98104
Dear Ms. Martin.
The City of Auburn adopted Resolution No 2886 on November 17, 1997
authorizing the execution of the Commute Trip Reduction Act Interlocal
Agreement between King County and the City The purpose of the agreement is
to allocate the City's share of state technical assistance funds to be used for
implementing a commute trip reduction plan.
Enclosed is a copy of Resolution No. 2886 and four duplicate originals of the
Interlocal Agreement which have been executed by the City and now require the
signature of the King County Executive. Please return a fully executed copy of
the Interlocal Agreement to the Auburn City Clerk, 25 West Main Street, Auburn,
WA, 98001
Sincerely,
Lit rq le-tl
Charles A. Booth
Mayor
CAB'dd
Enclosures
A1.7 F5.3,04.10
F\clerk\cont\RES2886
RECORDS MANAGEMENT
ORDINANCE/RESOLUTION DISTRIBUTION
ORDINANCE NO DATE ADOPTED- // 7 7- 7 Z
RESOLUTION NO. c? EFFECTIVE DATE.
RECORDING FILE. CODE BOOK.
DEPARTMENT DISTRIBUTION
• „ 4-:CONTACT DATE• a
CITIZEN REQUESTS
NAME ADDRESS* •;1;;; DATE
F CLERK\RECORDS\RECFORM
CHARLES A BOOTH,MAYOR • AUBURN CITY CLERK
Danielle Daskam,City Clerk 25 West Main, Auburn,WA 98001
Cathy Richardson, Deputy City Clerk 1 L City Clerk.(253)931-3039
Tamie Bothell,Records/License Clerk Business Registration:(253)931-3007 Fax (253)288-3132
�s: _
'Mine
STATE OF WASHINGTON)
) ss.
COUNTY OF KING
I, Danielle Daskam, 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 2886 of the resolutions of the City of Auburn, entitled "RESOLUTION
NO 2886 "
I certify that said Resolution No 2886 was duly passed by the Council and
approved by the Mayor of the said City of Auburn on the 17th day of November, 1997
Witness my hand and the seal of the City of Auburn this 23rd day of February, 1998
Danielle Daskam, City Clerk
City of Auburn