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HomeMy WebLinkAbout2911 f C 1 RESOLUTION NO 2 9 1 1 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A 4 COMMUTE TRIP REDUCTION ACT IMPLEMENTATION AGREEMENT 5 BETWEEN KING COUNTY (THROUGH ITS DEPARTMENT OF TRANSPORTATION) AND THE CITY OF AUBURN FOR THE PURPOSE OF 6 IMPLEMENTING THE WASHINGTON STATE COMMUTE TRIP REDUCTION ACT OF 1991 7 8 WHEREAS, the Washington State Legislature enacted the Commute Trip 9 Reduction Act (Chapter 202, Laws of 1991, codified as RCW 70 94 521-551) to 10 11 require local governments in those counties experiencing the greatest automobile- 12 related air pollution and traffic congestion to develop and implement plans to 13 reduce vehicle miles traveled per employee single-occupant vehicle commute trips; 14 and 15 WHEREAS, the City has within its boundaries one or more "major 16 17 employers" and is required by RCW 70 94 527 to develop and implement a 18 commute trip reduction plan, and 19 WHEREAS, the parties hereto are authorized to enter into an Agreement 20 pursuant to RCW 70 94 527(6); and 21 WHEREAS, the local jurisdiction commute trip reduction plans are required 22 23 to be coordinated and consistent with plans of adjacent jurisdictions and applicable 24 regional plans; and 25 26 Resolution No 2911 January 15, 1998 Page 1 abed 8661 'ST Azenuer t163 °M uoT;nlosau •uogelsl6al slip 40 sanpoanp a4; ;no &1Jeo o; tiessaoeu aq Aew se sainpeowd engEJ;siulwpe Lions ;uawaldwl o; pazuoq;ne Agaraq sl JoAey eqi •Z uol;oaS uleJa4 pa;eiodjooul pue „y„ ;lgl4x3 se oTaaa4 pa4oe;;e sl iuewaai6y pies ;o Adoo y 1.661. ;o PV uol;onpa8 dui a;nww03 041 se unnouil Aluowwoo ';oy 2i10 eq; }uawaldwl 01 40 a4; Jo ;legeq uo Aluno0 6u1}1 Aq ua)lepepun aq 04 sIse; ulep eo 6ulu6lsse ;o esodind a4; J0; A;uno0 6uDi 4;inn ;uawaaJ6y uofe;uawaldwl ;oy uogonpaei dui a;nwwo0 e a;noexe o; pazuolpne Agaieq aye wngny ;o Apo a41 40 Val0 Apo pue JoAelN a41 1. uol;oa9 SMOT1O3 SV NIVC1e10 00 'NOIONIHSVM N2ifl8flV 3O lll0 3H1 3O 110NfOO J.110 31-11 3LlOJEH]H1 `MON 'uogepuewaldwl (Hi0) uogonpai du; a;nwwoo Jo; Aluno0 6uN 4;p 6ugow;uoo Aq Aoua;slsuoo anpagslulwpe pue sapuappla 1503 ena14ae ueo 40 341 `SV3e13HM pue 'l;unoo a4; ui4;inn saw Jai;o pue A;uno0 6U!N 4;inn pue aoJo3 >lsei uogonpa�{ dui a;nwwo0 awls OUT Aq pagsllge;sa sauilepin6 8144 4;inn pua;sisuoo poy uogonpael dui a;nwwo0 a4p ;uawaldwl o; ansap i(;uno0 6u!>1 pue Alp a44 `SV9213HM 9Z SZ tZ £Z ZZ IZ OZ 61 91 LT 91 5I ITT £I Zp II OT 6 8 L 9 9 t7 I • , 1 DATED and SIGNED this 2nd day of February, 1998. 2 3 CITY OF AUBURN 4 5 �• 6 IU V 11Oo+Q 7 CHARLES A. BOOTH MAYOR 8 9 10 ATTEST 11 12 /blia i iiks/ 13 Danielle E. Daskam, City Clerk 14 15 16 APPROVED AS TO FORM: 17 18 19 l ' ► L 20 Michael J Reynolds, City Attorney 21 22 23 24 25 26 Resolution No 2911 January 15, 1998 Page 3 f S CITY OF AUBURN INTEROFFICE MEMORANDUM TO Caroline Bergt, Contract Administrator FROM: D nni Daskam, City Clerk SUBJECT Resolution No. 2911 Commute Trip Reduction Act Implementation Agreement DATE. February 4, 1998 The Auburn City Council adopted Resolution No. 2911 on February 2, 1998 authorizing a Commute Trip Reduction Act Implementation Agreement between King County and the City of Auburn for the implementation of the Washington State Commute Trip Reduction Act of 1991 Attached is a copy of Resolution No. 2911 together with two (2) originals of the Agreement. The originals of the Agreement have been executed by the City and now require execution by King County/Metro Please obtain the appropriate signature and return a fully executed original to the City Clerk's Office for filing with Resolution No 2911 Thank you for your assistance. /dd Attachments File. 04 10 f\clerk\cont\RES2911 i 1 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 expenencmg 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. R-es a9 l ( Auburn Commute Trip Reduction Implementation Agreement Auburn Page 2 SECTION 2.0 DEFINITIONS. The following definitions shall apply for purposes of this Agreement: "Administrative Representative" means the primary administrative contact for issues related to this Agreement as designated in Section 3.5 of the Agreement. "Affected Employer" means an employer required by RCW 70.94.521 and the City's CTR Plan to implement a CTR program (see also "major employer"). "Commute Trip Reduction Plan (CTR Plan)" means a plan adopted by the City designed to reduce the proportion of single occupant vehicle commute trips and vehicle miles traveled per employee, as described in RCW 70.94.527 "Commute Trip Reduction Program (CTR Program)" means a program designed by an affected employer to reduce the proportion of single occupant vehicle commute trips and the commute trip vehicle miles traveled by employees at a worksite, as described in RCW 70.94.531 "CTR Funds" means state funds authorized by RCW 70.94.544 and Section 301 of the Natural Resources biennial 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 Page 3 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 Sales and Customer Service 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, 1998 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 $ 4,582.75 March 31, 1998 2nd payment $ 4,582.75 June 30, 1998 3rd payment $ 4,582.75 September 30, 1998 final payment $ 4,582.75 December 31, 1998 Total $18,331 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 6.22%of the actual nonlabor expenses incurred,not expected to exceed $1,681.00 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 $180.00 fixed labor charge per workshop - Program Implementation $180.00 fixed labor charge per workshop - Survey Briefing $135 00 fixed labor charge per workshop - Additional Workshops $ 30.00 fixed labor charge per hour for King County trainers Auburn Commute Trip Reduction Implementation Agreement Auburn Page 4 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 matenals, 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 onginal 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. 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. Auburn Commute Trip Reduction Implementation Agreement Auburn Page 5 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, 1998. The expiration date for purposes of performing substantive work as described in Exhibit A (Scope of Work) and for incurring costs is December 31, 1998, and for final accounting purposes is January 31, 1999, 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 may terminate this Agreement by giving thirty(30) days' advance written notice to the other Party Auburn Commute Trip Reduction Implementation Agreement Auburn Page 6 Dated this 3/ day of t-Indi2., , 1998. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day first above mentioned. KING A TY By A / /t1/ General Manager, Metro Transit Ap u . 'ea as to berm: , CITY OF Auburn B By Q__va\ fl City Attorney Mayor apt By Akia(P-LegAvt) City Clerk Exhibit A City of Auburn 1998 CTR Contract Scope of Work Work activities required by CTR Ordinance Schedule A. Notification of New Sites First Quarter and as needed 1 Review business licenses for potential sites 2. Identify contact for potential sites 3 Send notification inquiry 4. Confirm status B. Survey First Quarter 1998 Goal Measurement Sites (1) (New site) Alert employer to survey timeline 2. Send out survey timeline 3 Track survey completion and processing 4 Send survey results to employer 5 Perform site analysis and determine the sites mode of best potential for achieving SOV reduction goals. C. Implementation Monitoring Sites (9) Per ordinance schedule Send reminder letter of implementation by site deadline 2. Make site visit within 30 days of deadline D. Program Review Fourth Quarter 1998 New sites (1) Goal Measurement sites (9) Non-Measurement sites(2) 1. Remind employer of submittal deadlines 2. Monitor program report receipt 3 Review and recommend to jurisdiction 4 Generate approval letter for City signature E. Exceptions Per Ordinance 1 Inform new sites about exceptions 2. Receive and review and process requests 3 Review with jurisdiction for decision F Records maintenance On-going 1 Maintain database and master file records on all affected sites 2. Provide required information to WSDOT and King County as needed 3 Provide quarterly report information for state funds allocation Exhibit A • II. Work activities not required by CTR Ordinance Schedule A. Program Development Per ordinance schedule • New Sites (1) by site 1 Provide training and materials 2. Assist with baseline survey 3 Analyze survey data and make program recommendations • Goal Measurement Sites (0) 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 Ongoing and per 1 Assist sites with implementation of new program network schedule elements. 2. Assist employers with joint CTR promotion and ridematching: a. Conduct three employee awareness campaigns per year b. Help employers create an annual plan of activities c. Provide customized training 3 Assist sites with commuter event planning and materials; attend up to six (6) events 4. Promote routes that serve client sites 5 Conduct three Employer Network meetings C. Training Quarterly 1 Provide county-wide training to new ETCs a. ETC orientation b. Program implementation and promotion c. Survey briefing 2. Provide continuing education opportunities a. produce three scheduled workshop calendars per year b. mail to all current ETCs and Program Managers c. coordinate central registration d. monitor attendance and report to jurisdiction f • S a City of Auburn Exhibit B 1998 Budget Summary 1998 Estimated Annual CTR Allocation. $24,010 Contract Period: 1/1/98 to 12/31/98 • 1998 Number of Sites. 12 ETR FTE percentage: 25% Fixed Labor Fixed ETR Labor $15,043 Indirect Labor @ .21858 $3,288 $18,331 $18,331 Reimbursables: Services, Materials & Supplies t) $1,681 $1,681 $1,681 Estimated Workshop Costs: Basic ETC Training Part 1 ETC Orientation 2) (6 x $40) $240 Basic ETC Training Part 2. PI Workshop 2) (6 x $40) $240 Survey Briefing 3) (2 x $20) $40 Continuing Education Courses 4) (3 x $3.5) $105 Producing CTR Program Summary Brochure 5) (2 x $55) $110 $735 $735 Total $20,747 I) Graphic services, supplies and miscellaneous operating costs which include temporary clerical, printing of materials, postage, office rent, car parking charges, etc. 2) Basic Training includes one (I) each quarter county-wide sessions of both ETC Orientation ($40/ea) and P1 Workshop (540/ea); registrants calculated using a 50% rate for training required from ETC turnover and new sites' ETCs. 3) Survey Briefing includes one (I) each quarter county-wide sessions ($20/ea): numher of registrants calculated assuming one new site and one off-cycle site conducting survey 4) Continuing Education Courses ($35/ea); number of registrants calculated using 20% attendance of sites. 5) Producing Your CTR Program Summary Brochure ($55/ea) number of registrants calculated using 15% attendance of sites. 98BUDSUM.XLS: Auburn 1/15/98 CITY OF AUBURN AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 2911 I Date:1/22/98 Department: Attachments: Budget Impact: Public Works Agreement $20,747.00 Administrative Recommendation: Introduce and adopt Resolution No. 2911 Background Summary. The resolution authorizes an Implementation Agreement with King County through its Department of Transportation, to do work relating to the Commute Trip Reduction Act (CTR). The estimated cost for the year is $20 747 This is a continuing program that began the last quarter of 1992. Resolution No. 2886, adopted by Council on November 17, 1997 authorized a Interlocal Agreement with King County to accept $24,009.98 in CTR technical assistance funds from the County to provide for CTR expenses. e7 L( 7/ ?I19 o;y, c 451 'I V L W0202-1 PW/C Reviewed by Council Committees & Commissions. Reviewed by Departments & Divisions. _ Arts Commission COUNCIL COMMITTEES. _ Airport _ M&O -- Hearing Examin. Finance Building _ Mayor _ Human Resources _ Municipal Services _ Cemetery _ Parks _ Library Board Planning & CD _ Finance _ Personnel -- Park Board % Public Works -- Fire -- Planning -- Planning Comm. __ Legal Police Other -> Library X Public Works Approved Call for Hearing _/_/_ Referred to Until _/_/_ Committee—Approval Yes No Tabled Until / / Councilmember Wagner Staff:Currie Meeting Date: 1/26/98 Item Number Page: 1 tiai\ CHARLES A. BOO1'Ii!MAYOR . ENGINEERING D /ISION Auburn . Frank Currie, Director of Public Works , 25 West Main, Auburn, WA 98001 Dennis R. Dowdy, City Engineer (253)931-3010 Fax: (253)931-3053 48Ctill i° February 10, 1998 FFB 1319 ANN MARTIN C1ry1 Ora 98 SEATTLE WA 98654PLANNING C<�9SO F 4. RE. CTR Implementation Agreement Dear Ms. Martin: Enclosed are 2 signed originals of the CTR Implementation Agreement with a copy of the City of Auburn resolution authorizing it. Please return one fully executed original to my attention. If you need any additional information please contact me at (253) 931-3012. Sinc rely, . k Caroline Bergt Contracts Administrator Department of Public Works CB/bd cc: 'City Clerk, Resolution No 2911 File AG-G-19 Enclosures REF H:\ENGINEER\E98\E98-121 wngny}o A;IO >papp A4!3 'we>Isea apaiuea 2661. `gOJeW }o step y;g3 sly; wngny;o AIIO ay;}o leas ay; pue puey Aw ssau;IM '8661 'luenaga3 jo a(ep pu3 ay; uo wngny jo a(;IO pies ay;}o Jo/SeL ay1 Aq panoadde pue Ilounoa ay; Aq passed App serve 1163 ON uol;nlosab pies ;ey; AJpJao I 1-1-63 ON NOIlf1lOS3a. 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