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HomeMy WebLinkAbout5333 RESOLUTION NO. 5 3 3 3 AN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WA8HINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND KING COUNTY DEPARTMENT OF TRANSPORTATION RELATING TO T'HE COMMUTE TRIP REDUCTION PLAN WHEREAS, the City of Aubu�n (the "City") is required by RCW 70.94.527 to develop and implement a commute trip reduction plan ("CTR"); and WHEREAS, the King County Departmerit of Transportation, Metro Transit Division (the "County"), is aufhorized by the State of Washington, in Agreement Number GCB 2670, to receive CTR funds on behalf of local jurisdictions, including the Ciry; and WHEREAS, the Ciry desires to have the Gounty pertorm the work necessary to satisfy the City's obligations under RCW 70.94.521 et seq. to maximize cost e�cacy and effi.ci.ency; and WHEREAS, the parties are authorized by RCW 39.34.030 to enter into cooperative agreements for the joint.exercise of powers; and WHEREAS, the City finds that entering into an interlocal agreement with the County will for the administration of the City's CTR requirements will promotg public health, safety, and welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO RESOLVE as follows: Section 1. The Mayor is hereby authorized to execute an Interlocal Ag�eement with King County, Department of Transportation, for the purpose of Resolution No. 5333 Y November 22, 2017 Page 1 of 2 authorizing King County's administration of the City of Aubum's Commute Trip Re.duction Plan, in substantial conformity with the agreement attached he.reto, marked as Exhibit A and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. This Resolutionshall take effect and be in force upon passage and signatures thereon. r DATED and SIGNED on this �p�day of G�-� , 2017. CITY OF AUBURN � NANCY CKUS, MAYOR ATTEST: �� Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B, Heid, Gity Attorney ------------------------- Resolution No. 5333 November 22, 2017 Page 2 of 2 � COMMUTE TRIP REDUCTION PROGRAM IMPLEMENTATION AGREEMENT Between King County,Deparlment of Transportation,Metro Transit Divisioa and City of Auburn This Commute Trip Reduction Program Implementation Agraement(the"Agreement")is entered into by and between King County,a home rule charter county of the State of Washington,through its Department of Transportation,Metto Transit Division(the "County" or"Ivletro TransiY')and the City ofAuburn(the "City"),either of which enfity may be referred to hereinafter individually as "Party" or collectively as the "Parties," for the purpose of unplementing tlie Washington State Commute Trip Reduction Law of 1991. WHLR�AS,the purpose of RCW 70.94.521,et seq.,the "Coirunute Trip ReducGon(CTR) Law," is to reduce air pollntion,h�affic congestion and fuel consumption by encouraging commuters to use alternative modes of transpartafion,such as buses, carpools,vanpools,bicycles,and walking, iiistead of single occupancy vehicles("SOV");and WI I�REAS the CTR Law requires local govemments in those counties experiencing the greatest automobile-related air pollution and traffic congestion to develop and implement Commute Trip Reduction("CTR")plans to reduce velucle miles traveled per employee and drive alone coiririiute trips; and WI�REA5,the CTR Law also requires major exnployers to develop,implement and promote,employee transportation progmms to encourage their employees to sHift away from driva alone commutes;and Wf�REAS,the City has within its jurisdictional boundaries one or more "major employers" and is required by RCW 70.94:527 to develop and implement a commute trip reduction plari;and VVHEREAS,the Parties hereto arc authorized to enter into this Agreement pursuant to RCW 70.94.527(5);and WHEREAS, King County Code Section 28.94:110 also authorizes the King County Executive to enter into agreements with state and local agenoies for assistance in implementing the CTR Law;and WHEREAS, CTR plans developed by local jurisdicdons are required to be coordinated and consistent with the CTR plans of adjacent jurisdictions as well as applicable regional plons;and WIIEREAS,the Legislature appropriated funds to provide technical assistance funding to local jurisdictions reqnired to develop and implement commute trip reduction plans;and 2017-2019 Commute Trip Reduction Program Implementation Agreement Between King County and the City of Au6urn Page ] of 10 WHEREAS, the County in a separate Commute Trip Reducrion Act Agreement with the State,Agreement Number GCB 2760,is authorized to receive CTR funds on behalf of local jurisdictions in exchange for the County's implementation of Commute Trip Reduction Plans and Programs on behalf of those local jurisdictions and retain such funds as payment for the work performed; and WI IEREAS,the City desires to have the County perform the work necessary to satisfy the City's statutory obligations under the Commute Trip Reduction Act and to retain the City's allocation of state fiuids as payment for those services; and WHEREAS,the City and the County desire through ttris Agreement to implement the CTR Law consistent with 4he rules established by the state Commute Trip Reduction Board; and WH�REA5,the City can acliieve cost efficiencies and administrative consistency by conhacting with the County for CTR implementation; NO W TT�REFORE,in considerafion of the terms,condirions,mutbal promises and covenants set forth herein,the Pariies agree as follows: 1. PURPOSE The purpose of this Agreement is ta establisH a xnechanism that will allow for certain tasks to be undertaken by the County on behalf of the City to implement the City's obligafions under the CTR Law and to set forth the responsibilities of the Parties with respect to that objective. 2. D�FINITIONS The following definitions shall apply for purposes of this Agreement: "AdministraHye Representative"means the primary administrafive contact for issues related to this Agreement as designated in Section 9.2 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 (C'I`R Plan)"means a plan adopted by the City designed to reduce the proportion of dri4e alone coriiriiute trips and coxximute 1rip vehicle miles and to administer and enforce the CTR programs of affected employers located within its jurisdiction "Commute Trip Redbction Program(CTR Program)" means a program designed by an Affected Employer to reduce the proportion of drive alone commute trips and vehicl.e miles traveled by its employees. "Employer TransportaHon Coordinator(ETC)"means point of contact between the employer and its empioyees to implement,promote and adn}niister the employer's CTR program. 2017-2019 Commuce Trip Reducrion Program Implementation Agreement Betwaen 1Cing County and the City of Aubum Page 2 of 10 "CTR Funds" means state fdnds appropriated by tl�e state and allocated to counties and cities for implementation of commute trip reduction plans. "Major Employer" means aprivate or public employer that employs one hundrad or more full- time employees at a single worksite who are scheduled to begin their regulaz workday between 6:00 am. and 9:00 a.m. on weekdays for at least twelve continuops months during the year, as provided in RCW 70.94.521 (herein also]mown as an"Affected Employer"). "State" is the Washington State Department of Transportation(WSDO'I�unless otherwise noted. 3. DiJTIES AND R�SPONSIBILITIES 3.1 Provision of CTR Services. Metro Transit will perforin the CTR implementation ser4ices specified with patticularity in the Scope of Work(the"Work") set forth as Exhibit A,which is attached hereto and incorporated herein by this reference. 3.2 Authorization. The City sha11 authorize and direct the State to reimburse the County direcUy: 4. PAYMENT AND BILLTNG The County will invoice the State on a quarterly basis for direct reimbursement for the CTR functions to be performed pursuant to this agreement. 5. WORK SCHEDUL�AND PROGRESS REVIEW 5.1 Progress Reviews. The County will submit a quarterly report of progress and anticipated activifles to jurisdiotion representatives. On-gbing,periodio review of issues and materials will also be conducted with the jurisdicdon representatives. 5.2 State�valuaHon Requirements. At tlie reqnest of the City,the County will provide informa6on to the State for monitoring or evaluation activities. 6. EFFECTIVE DATF.AND TERM OF AGREEMENT 1'his Agreement shall be effective July 1,2017 and will remain in effect through June 30,2o19, unless earlier tertninated pursuant to the terms of this Agreement. 2017-2019 Couunute Trip Reduction Program Implementation Agreement 6etween King County and ffie City of AuUurn Pagc 3 of 10 7. TERNIINATION 7.1 Termina4ion for Default. Either Pariy may termu�ate tlris Agreement in the event the other Party fails to perform a material obligation of this Agreement. Written no&ce of a Party's intention to terminate this Agreement pursuant to this Subsecflon 7.1 shall be provided to the other Party not less than fifteen(15)calendar days prior to the effective date of termination. 7.2 Termination for Convenience. Eitlier Eariy to flus Agreement may tenninate the Agreement,in whole or in part,for convenience and without cause. Written riofice of a Party's intention to terminate tlris Agteement pursuattt to this Subsection 7:2 shall be provided to the other Pariy not lcss than flurty(30)days prior to the effective date of termination. 7.3 County Funding and Termination for Non-Appropriation. Perforniance ofany Work undertaken by the County pursuaxit to this Agreement in advance of receiving ' reimbursement by thc City beyond the current appropriation year is conditioncd upon the appropriation by the County Council of sufficient funds to support the perforinance of the Work. Should such an appropriation not be approved,the Agreement shall terminate at the close of the cunent appmpriation yeaz. The appiopriation year ends on December 318�of each year. 7:4 Termination Due to Loss of State Funding. If at any time during the Agreement period the State acts to terminate,reduce,modify,or withhold CTR State Punds allotted to the City pursuant to RCW 79.94:544 then either Party rriay temunate this Agreement by giving thirty (30)days advance wtitten notice to flie other Yarty. 8. CHANGES AND MODIF'ICATIONS Either Party may request changes to the provisions of this Agreement. Any such changes must be mutually agreed upon and incorporated by written amendment to this Agreement. No variarion or alteration of the terms of ttus Agreement will be valid unless made in writing and signed by authorized representaflves of tlie Parties hereto. 9. NOTIFICATION AND IDENTIFICATION OF CONTACT5 9.1 Administrative Representatives. Both Parties shall designate an administratiive representative to act as the contact person for matters pertaining to this Agreement. 2017-2019 Commute Trip Reduction Progrnm Implementation Agreement Betweeo King County and We City of Anburn Page 4 of 10 9.2 Contuct Persons and Addresses. For the County: Chrisfi Masi,Project Manager King County Metro Transit 201 S. Jackson St,KSC-TR-0326 Seattle,WA 98104-2615 (206)477-3843 F6r the City: Mr.Joc Wclsh,Transportation Plauner City of Aubum 25 West Main St. Aubum,WA 98002 (253) 804-5050 9.3 Notice. Any notice or communication required cjr permitted to be�ven pursuant to this Agreement shall be in writing and sliall be sent postage prepaid by U.S.Mail,return r8ceipt re,quested,to the Parties'respective administrafive rapresentaflves at the addresses identified in Subsection 9.2 of this Agreement. 10. DISPUTE RESOLUTION PROCESS The Parties,through Uieir designated representaYives identified in Subsection 9.2 of this Agreecnent, shall use their best efforts to resolve any disputes pertaining to this Agreement that may arise between the Parties: If these designated representatives are unable to resolve a dispute,the responsible project mariagers of both Parties shall reyiew the matter and attempt to resolve it. If they aze unable to resolve the dispute,the matter shall be reviewed by the department directors of both Parties or his oT her designee. The Parties agree to eachaust each of these procedural steps before seeking to resolve disputes in a court of law or any other forum. 11. AUDTTING OF RECORDS.DOCUMCNT$AND REPORTS The State Auditor shall have full access to and the right to examine during normal business hours; and as oiien as the State Auditor may reasonably deem necessary,the non-privileged records of the City and the County with respect to the matters cov8red liy tkis Agieement. Both Parties shall tiave similar access and rig}its with respect to the records of the other Party. The Parties'representatives shall be permitted to audit,examine, and make excerpts or transcripts frbm such records and to make audits of all contracts,invoices,materials,payrolls,and records of matters covered by tlus Agreement. Such rights last for three(3)years from the date final payment is made liereunder. 2017-2019 Commqte Trip Reduction Program Implamentation Agreement Between King County and the City of Auburn Paga 5 of 10 12. IND�MNIPICATION AND FIOLD IIARMLESS Each Party hereto agrees to be responsible and assumes liability for its own negligent acts or omissions,and those of its officers,agents oi 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 l�arinless from any such liability. In tlie dase of negligence of mnitiple Parties,any dunages allowed shall be assessed in proportion to the percentage of negligence attributable to each Party, and each Parry shall have the right to seek contribution from the other Parties in proportion to the peYcentage of negligence attributable to the oth8r Parties. The City acknowledges it is solely responsible for its compliance with the CTR Act,and for the adoption,.nriplementation,and enforcement of any ordinances,plans,aiid prograxns related to the CTR Act. The City shall indexnnify and hold King County hazmless from,and shall pmcess and defend, at its own expense,any and all claims,demands,suits at law of equiTy, aotions,penallies, losses,damages, or costs arising out of,in ponnection wi.th,or incidental to any act or omission of the City or'any of its officers, employees,subconlractors or agents in adopting or enforcing any ordinances,plazis and progratns related to tha CTR Act. 13. LEGAL RELATIONS 13.1 No Third Party Beneficiaries. It is understood that tUis Agreement is solely for the benefit of the Parties hereto and gives no right to any other person or entiry. 13.2 No Partnership or Joint Venture. No joint venture,agent-principal relatioaship or partnership is formed as a res.ult of this Agreement. No employees or agents of one Party or any of its coniractors or subcontractors shall be deemed, or represent themselves to be, employees or agents of the other Party. 13.3 Applicable Law. This Agreement shall be govemed by and construed in accordance with the laws of the State of Waskungton. 13.4 Jurisdiction and Venue. The King County Superior Court, situated in Seattle, Washington, shall have exclusive jurisdiction and venue over any legal acCion arising undertrus Agreement. 13.5 Mutual Negotiation and Construction. This Agreement and each of the terms and provisions hereof shall be deemed to have been explicifly negotiated between, and mutually dral'ted by,both Parties, arid ttie language in all parts of this Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or against either Parry. 13.6 Severability. If any provision of this Agreement is held 'mvalid by a court of competent jurisdiction,the remainder of the Agreementshall not be affected thereby ifsnch remainder would then continue to serve tlie.purposes and objectives originally contemplated by the Parties. 2017-2019 Commute Trip Reduction Ptogram Implementation Agreement Between King County and the City of Aubwu Page 6 of 10 13.7 Waiver of Default. Waiver of any default shall not be deemed to be a waiver of any snbsequent default. Waiver of br8ach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and sha11 not be construed to be a modification of the terms of this Agreement unless stated to be such in writing, signed by duly authorized representatives of the Parties, and attached to the original Agreement. 13.8 Assignment. Neither this Agreetnent, nor any interest herein, may be assigned by either Party without tlie prior written consent of the other Party. 13.9 Binding on Successors and Assigns. "17iis Agreement and all of its terms,provisions, conditions, and covenants,together with any exhibits and attachments now or hereafter made a part hereof, shall be binding on the Parties and their respective successors and assigds. 13.10 Rights and Remedies. Both Parties'rights and remedies in this Agreement are in addition to any other rights and remedies provided by law. 1311 Entire Agreement This Agreement embodies the Parties'entire understanding and agreement on the issues covered by it, except as may be supplemented by subsequent written amendment to this Agreement, and supersedes any prior negotiations, representations or dra$ agreements on this tnatter, either written or oral. 13.12 SurvivaL The provisions of this Section 13 (I,egal Relations) shal] survive any fermination of this Agreement. 14. FORCE MA.TEUI2E Either Party to tlus tlgreement shall be excused&om performance ofany responsibilities and obliga6ons under this Agreement, and shall not be liable for damages due to failure xo perforni, dt�ring the time and to the extent that it is prevented from performing by a cause directly or indirectly beyond its control, incliiding, liut not.limited to: aiiy mcidence offire, flood,snow, earthquake, or acts of nature; strikes or labor actions; accidents,riots, insurrection,temorism, or acts of war; order of any court of competent jurisdiction or authorized civil authority commandeering material, products, oi facilities by the federal, state or looal government;or national fuel shortage; when satisfactory evidence of such cause is presented to the other Party to this Agreement, and prodided that such non-performance is beyond the control and is not due to the fault or negligence of the Party not perfornung. In no event should ttris provision eliminate the obligation of the City to make payxnent to the County for the Work performed pursuant to this Agreement. 2017-2019 Commute Trip Reduc6on Program Implementgtion Agcaement Between King County and the City of Auburn Page 7 of]0 _ 15. COMPLIANCE WITH APPLICABLE LAWS The Parties agree to comply with a11 applicable federal,state,and local laws,rules,and regulafions, including those pertaiivng to nondiscrimination and agree to require the satne of any subcontractors providing serVices or performing any of ttie Work dsing funds provided nnder this Agreement. 16. EXECUTION OF'AGR�EMENT—COUNT�RPARTS This Agreement may be executed in two(2)counterparts,either of which sha11 be regazded for all purposes as an driginal. Dated this "�� day of o��6�` �' 2017. IN W1TN�S5 WIT�R�OT,the Parties hereto have executed this Agreement as ofthe latest date written below. I{IIVG COUNTY City of Auburn DEPARTMENT OF TRANSPORTATION METRO TRANSIT DIVISION By: By: Matt Hansen Manager, Customer Title: 'C\ Communications and Services King County Metro Transit Date: �O" Z S� ' l � Date: I ? ' '�'�� Approved as to form: Approyed as t rm: K.C.P:A,O. BY: Ci Attorney Date: /-�'�2Qlla/7 2017-2019 Commute Trip Reduction Program Implementstion Agreement Betvieen King County an3 tHe City of Auburn P.age 8 of10 Exhibit A Cily of Auburn Commute Trip Reduction ImplementaHon Agreement Scope of Worlc Period: July 1,2017 through June 30,2019 Kipg County will implement all elements of the Auburn CTR work plan through the following si�ategies and deliverables: Strategy 1; Train all new ETC's and new sites to ensurc that•they have an understanding of the requirements of the law, implementa6on strategies and their site's performance to date. Description:. Consult with ETCs at new sites and with new E"1'Cs at existing sites, offer on-line interactive ETC training on the CTR pragram apd Employee survey, update and maintain CTR website and printed information. Deliverables: • Offer on-line interactive training and a live CTR program and Employee survey training annually e Consult with new ETCs at new sites and at existing sites • Maintain CTR website as a souroe of information, materials and tools Strategy 2: Track and notify employers ofiegally required activities axid provide technical assistance to all employers for legal compliance. Description: Notify new sites; assist them with baseline stiivey and initial program development. Send survey and program notifications to all sites,review extensions and exemptions requests, set up;and assist sites with paper and online surveys and program reporting. Negotiate steps for compliance with non-bompliant worksites. Maintain database and master file recards on all sites. Provide WSDOT with an elecuonic copy of city's CTR-affected employers and ETCs quarterly or as required by WSDOT. Deliverables: • Notify new and existing sites o£survey and prograzn reporting requirements within timeframes specified in Law and/or Ordinance • Maintain electronic and paper records in accordance with WSDOT requirements e Document sites'compliance with required activities Strate�,y 3: Focus progrramm review and survey analysis time on sites that have not rnade progress towards goal and spend less time reviewing program repores for sites that Have made progress or gbal. Description: • Far sites that have met or made progress towards goal, focus program review for completeness of report and approve using electronic submittal. 2017-2019 Commute Trip Reducrion Program Implementation Agreement , Betweeu Kpig County and the City of Aubum Page 9 of 10 • For no progress sites, conduct survey analysis and make recomxnendarions for program improvements to ETC. Review programs for inclusion of recommendations, as well as completeness and program summazy. Deliverables: • Review all programs for completeness • Approve programs for sites ihat have made progress or goal • Consult with sites that have not made progress or goal and recommend improvements to program • Docninent on nuarterly CTR progress report: 1) the number of CTR programs reviewed: 2)the number of consultations with no-progress sites Strategy 4: Assist ETCs with mazlceting of cotmm�te programs arid ensure they meet their program inFormation distribution requirements. Help ETCs become a major resource to their employees by providing them with up-to=date commute information,tools for communicating with einployees,turn-key commuter promotions, and opp:ortunides to attend employer network group meetings, Desoription: � Review program sumniary and make marketing recommendations at sites that did not make progress towards goals. e Send transportadon related news and announcements via email to a11 ETCs; send iriformation for promofions such as Wheel Options and Bike to Work Day; schedule, promote, engage speakers and invite ETCs to employer network group meetings,as needed. Deliverables: e Send regular emails to ETCs on transportation related issues that they can share with their employees e Inform ETCs of program summary template on wehsite • Send ETCs updated commute options marketing materials in an electronic format • Distribute promotional materials to sites for county and state-wide promotions • Notify ETCs of network group meetings S.trategy 5: Actively promote alternativeslo drive-alone commuting at worksites targeted by location,corridor,industry or lack ofprogress toward goal. Description: • Identify highly congested employment areas and/or sites that have not made progress toward goals for targeted outreach: • Develop strategies to help ETCs communicate and promote progam to employees, impleriient targeted promotions. Dcliverables: ' • Organize promotions or events at select targeted areas, corridors or industries. 2017-2019 Commute Trip Reduction Program Implementation Agreement Between 1Zing County and the City of Auburn. Page 10 of 10