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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
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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
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22
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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.
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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
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