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HomeMy WebLinkAboutCOW 2004-11-08 Item 4B - Interlocal Agreement - 2004-2005 Commute Trip Reduction (CTR) with King County COUNCIL A GENDA SYNOPSIS %p J Initials ITEM No. g14 I G� a �V� I Meeting Date Prepared I Mayor's review I Council review I I 1 1 I, 1 isoa I I I L 4 3 I I 1 1 ITEM INFORMATION CAS NUMBER: 04-154 I ORIGINAL AGENDA DATE: November 8, 2004 AGENDA ITEM TITLE King County Metro Commute Trip Reduction Implementation Contract CATEGOR Discussion Motion Resolution Ordinance Bid Award Public Other Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Mayor Adm DCD Fire Legal P &R Police PW SPONSOR'S Review and approve CTR Implementation Contract with King County Metro for fiscal year SUMMARY 2004 -2005 REVIEWED BY COW Mtg. II CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 10/12/04 RECOMMENDATIONS: SPONSOR/ADMIN. Authorize Mayor to sign agreement with King County for $21,106.00 COMMITTEE COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $none $22,000.00 $none Fund Source: WSDOT Comments: paid from state a/ /ovation for CTR MTG. DATE 1 RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 11/8/04 Memorandum from Steve Lancaster dated 10/19/04 CAP minutes of October 12, 2004 Proposed CTR Implementation Contract INFORMATION MEMO To: From: Date: Subject: W Mayor Mullet # Department of Community Development Director October 19, 2004 King County Metro Commute Trip Reduction Implementation Contract 2004-2005 ISSUE Renewal of annual King County Metro implementation contract for $21, I 06.00 to provide support services for commute trip reduction activities as required by state. BACKGROUND Commute Trip Reduction legislation (RCW 70.94.521-551) was passed by the State in 1991 to reduce the number of Single Occupant Vehicles (SOV's) arriving at employer worksites with 100 or more employees arriving at the target time period of6:00 am and 9:00 am. These employers are considered to be "affected employers" under the state regulations and are required to adhere to state legislation and local ordinance in achieving planned reductions in single occupancy vehicle trips. The City of Tukwila adopted and amended Ordinance #1868 to comply and implement the requirements of State law. The Washington State Department of Transportation (WSDOT) handles the administration of the State regulation. The WSDOTcontracts directly with the city on a biennial basis to provide direct funding to fulfill the requirementsofRCW 70/94.521-551. King County Metro provides technical assistance to the City for purposes of data collection and analysis as well as employer Commute Trip Reduction program review functions. Administrative consistency in implementing the state requirements of the Commute Trip Reduction Act is the primmy reason forthis agreement with Metro. vVe have contracted for services since 1995. ANALYSIS The City's allocation forthe second year ofthe biennium 2003-2005 is $41,209.00 and the contract with King County Metro is for expending $21,106.00 ofthose funds. The program administration for commute trip reduction is paid for by funds received from WSDOT on a reimbursement basis along with a performance measure for reducing trips throughout the state. Note that the City of Tukwila met the WSDOT performance goal at the end of2003, increasing slightly the allocation for 2004-2005. The funds are used for the staff Commute Trip Reduction Coordinator, implementation ofthe CTR Program for Tukwila and development of incentives. A contract with Metro for state required program review and data services is part of the program. RECOMMENDATION Forward to full council for their consent agenda at the November I, 2004 meeting. attachment: King County Metro Implementation Contract and Scope of Work -- \~ CAP Minutes 10-12-04 p.l of 2 Community and Parks Committee October 12,2004 Present: Pam Linder, Chair; Joe Duffie, Dave Fenton. Stephen King, Steve Lancaster, Maggie Lubov, Lynn Miranda, Jack Pace, JoyceTrantina, Lisa Verner. Sue Carlson (Segale Properties), Martin Dicker (King County). Southwest Kin!! County Economic Development Initiative (SWKCEDD . Presentation. Jack Pace provided some background on Tukwila's participation in the SWKCEDI, and introduced Martin Dicker. Martin is a Senior Economic Development Specialist with King Martin Dicker. Martin is a Senior Economic Development Specialist with King County. He, described the goals of the Economic Development Initiative as increasing employment opportunities and household incomes throughout southwest King County. He, recognized Pam Linder's contributions to the organization as a member of the Steering Committee, and Jack Pace's contributions as a member of the Executive Committee. Martin described two significant programs of the Economic Development Initiative: the small Business Assistance Center located at highline Community College; and the Export Promotion Program. He also described how the relatively modest but critical financial support provided by Tukwila and other cities has been successful in leveraging significant financial support form other sources. Forwarded to November 1. 2004 City Council meetin!! as a Special Presentation. @J Aooroval of Metro Implementation Contract for CommuteTrip Reduction, Pro!!ram. Maggie Lubov distributed information relating to the City's Commute Trip Reduction (CTR) program and briefed the Committee concerning program status and funding. She described services to be provided by King County Metro under the proposed implementation contract. Tukwila has contracted for these services with Metro since 1995, and this has been a very beneficial relationship. Forward to COW with recommendation to approve.. TUCIECONorthwest contract amendment #2. Lynn Miranda described the next phase ofECONorthwest's work on the Tukwila Urban Center Plan as: I) identification of potenthllinfrastructure funding strategies; 2) preparatIon of an "economic simulation" to provide information on the ability of-proposed City investments to "pay for themselves" over time; and 3) preparation of a summary of previous economic and financial factors reports, to be included in the proposed TUC plan. The proposed amendment increases ECONorthwest's contract by $26,000. Forward to cavv with recommendation to , \~ approve. Code Enforcement Tax Lien Ordinance. Jack Pace introduced StephenKing of KenyonlDisend. Stephen is DCD's primary legal resource for code enforcement. Stephen explained that under the City's current code enforcementregulations we have the ability to undertake certain kinds of nuisance abatement w:6rk if the property owner . ,.' '. , . COMMUTE TRIP REDUCTION ACT IMPL~MENTATION AGREEMENT This Agreement is entered into by and between King County, acting through its Department of Transportation (hereinafter the "County"), and the City ofTukwila("City"), both of which entities may be referred to hereinafter individually as "Party" or collectively as "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 of1991,codified as RCW 70.94.521-551) (hereinafter "CTR 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 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, King County Code 28.94.110 authorizes the execution and administration of Agreements with state and local agencies. for assistance in implementing the CTR 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 the County desire to implement the CTR Act consistent with the guidelines established. by the state Commute Trip Reduction Task Force and by the County and other cities within the County; and WHEREAS, the City can achieve cost efficiencies and administrative consistency by contracting with the County for CTR implementation. NOW THEREFORE, in consideration of the mutu~l promises and covenants herein, the sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: .. ,). SECTION 1.0 PURPOSE The purpose of this Agreementis to assign certain tasks to be performed by the County on behaifof the City to impleme~t the CTRAct. . . SECTION 2.0 DEFIl'IlnONS The following definitions shall apply for purposes ofthis Agree~ent: .; Commute Trip Reduction Implementation Agreement Page 2 "Administrative Representative" means the primary administrative contact for issues related to this Agreement as designated in Section 3.4 ofthe Agreement. "Affected Employer" means an cwployer required by RCW 70.94.521 and the City's CTR Plan to implement a CTRprogram{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 ofthe 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 worksitewho 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 alsolrnown as an "Affected Employer"). "State" means 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 the County on benalf of 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 the 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 other contracting cities and try to the extent .":. possible to develop policies and products consistent throughout the county to take advantage of economie~ 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 will be held by the City and the County. ," 3.5 Administrative Representatives: The County and the Cj;y shalieach designate an Administrative Representative for matters pertaining to this Agreement. '>'-' . ->> Commute Trip Reduction Implementation Agreement Page 3 The County shall be represented by the Manager of Sales and Customer Service or his/her designee. The City shall be represented by the Director of Transportation or his/her designee. SECTION 4.0 DISBURSEMENT OF FUNDS 4.1 Budget: Thebudget forwork to be performed through June 30, 2005 is specified in Exhibit B, which is attached to this Agreement and incorporated herein. 4.2 Payment Process: the County shall submit invoices and quarterly progress reports to the City per the schedule indicated below. The City shall make payment to the County within 45 days of receipt. oft he invoice. Payment Istpayment 2nd payment 3rd payment Final payment Total Fixed Payment $5,096.50 $5,096.50 $5,096.50 $5.096.50 $20,386.00 Invoice Submitted No Later Than: October 10,2004 January 10, 2005 April I 0, 2005 June 30, 2005 4.3 Payment Amounts: Each payment shall consist of the fixed amount specified above in Section 4.2, plus reimbursement of workshop expenses estimated to $720.00. The City shall pay a percentage share of 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 $ 480.00 fixed labor charge per workshop _ Program Implementation $ 480.00 fixed labor charge per workshop - Survey Briefing $ 163.00 fixed labor yharge per workshop _ Additional Workshops $ 48~Ofixed' labor charge per hour for Killg County trainers SECTION $.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 the County with respect to all matters covered in this Agr~ement. Each Party to the Agreement shall have similar access and rights with respect to th~ records of the other Party. Such representatives shall be permitted to audit, examine, and make- excerpts or transcripts from such ,~. ..; CornmuteTrip Reductionlmplementation Agreement Page 4 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 The County agrees to abide byall applicable federal and state statutes and regulations prohibiting employment discrimination. SECTION 7.0W AIVER OF DEFAULT Waiver of any default by either Party shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of the Agreement by either Party 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 representative of each Party,. and attached to the original Agreement. SECTION 8.0 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 conformto the terms and requirements of applicable law and the intent of this Agreement. SECTION 9,0 LEG.AL :RELATIONS 9.1 It is understood and agreed that this Agreement is solely for the benefit ofthe Parties hereto and gives noright to anyother Party. No joint venture or partnership is formed as a result of this Agreement. j 9.2 To the maximum extent permitted by law, each PartY shall defend, indemnify and hold harmless the other Party and all of its officials, employees, principals and agents from all claims, demands, suits, actions, and liability of any kind, including injuries to persons or damages to property, which arise out of, are connected with, or are due to any negligent acts . or omissions,ofthe indemnifying Party, its contractors, and/or officials, employees, agents, or representatives in performing work under this Agreement; provided, however, that if (and only if) the provisions' ofRCW 4.24.115 apply and any such damages and injuries to . persons or property are caused by or result from the concurrent negligence of the City or its contractors, officials, employees, agents, or representatives, and the County or its contractors, officials, employees, agents, or representativ~.s, each..Party's obligation herelmder applies only to the extent of the negligence of-such Party or its contractors, Commute Trip Reduction Implementation Agreement Page 5 officials, employees; agents, or representatives. Each Party specifically assumes potential liability for actioIls brought by its own employees. against the other Party and for that purpose each Party specifically waives, as to the other Party only and only to the extent necessary to fulfill its obligations underthis Agreement, any immunity under the Worker's Compensation Act, RCW Title 51; and the Parties recognize that this waiver was the subject of mutual negotiation and specifically entered into pursuant to the provisions ofRCW 4.24.115, if applicable. 9.3 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 the County harmless from, and shall process and defend, at its own expense, any and all claims, demands, suits at law or 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. 9.4 The Parties hereto acknowledge that the State of Washington is not liable for damage or claims from damages arising :trom any act or omission of the County or the City under this -Agreement. 9.5 In the event any Party incurs attorney's fees, costs or other legal expenses to enforce provisions of this section against another Party, all such fees, costs, and expenses shall be recoverable by the prevailing Party. 9.6 This Agreement shall be interpreted in accordance with the laws of the State of Washington in effect on the date of execution ofthis Agreement. The Superior Court of King County, Washington shall haveexc1usive jurisdiction and venue over any legal action arising under t.1TIs Agreement. 9.7 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 10.0 AGREEMENT PERIOD- This Agreement is effective :trOll July I, 2004. The expiration date for purposes of performing substantive work as ~escribed in Exhibit A (Scope of Work) and for incurring costs is June 30, 2005, and for final accounting purposes is August 30, 2005, unless the Parties agree to an extension using the modification procedUre provided in Section II below. ,. ." . Commute Trip Reduction Implementation Agreement Page 6 SECTION 11.0 AGREEMENT MODIFICATIONS This Agreement may be amended, altered, clarified or extended only by written Agreement for and on behalf of the City by its City Manager or designee, and for and on behalf of the County by its General Manager of the Transit Division or designee. SECTION 12.0 TERMINATION 12.1 Either Party to this Agreement may terminate the Agreement, in whole or in part, for convenience and without cause upon thirty (30) days advance written notice ofthe tenninationto the other Party. If this Agreement is so tenninated prior to fulfilhnent of the tenns stated herein, the County shall be reimbursed for all actual direct and related indirect expenses and noncancellable obligations incurred up to and including the date of termination. 12.2 If at any time during the Agreement period the State acts to terminate, reduce, modify, or withhold ClK 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. SECTION 13.0 ENTIRE AGREEMENT This Agreement contains alltenns,conditions and provisions agreed upon by the Parties hereto. Any oral or written representations or understandings not incorporated herein are excluded. Dated this day of , 2004. IN WITNESS WHEREOF, the Parties hereto.have"executed tllls Agreement as of the day first above mentioned. KING COUNTY By :Darwin Campbell Manager, Sales & Customer Services King County Metro Transit "). ' AppLvved as to fonn: CITY OF TUKWILA By ~ ~.f.' Assistant City Attorney OR: By City ofTukwila Commute Trip Reduction Services Scope of Work - July 2004 through June 2005 Contracting for 21 worksites I. Work activities required by CTR ordinance A. Notification of new sites I site status change L Identify potential sites 2. Identify contact for potential sites 3. Send notification inquiry 4. Secure state code 5. Create timeline and legal file 6. Respond to site status infonnation as needed B. . Database Management and Ongoing Survey Processes 1. Ongoing coordination of contact infonnation and survey schedules with employers and WSDOT 2. Compilation / distribution of aggregate survey data as requested 3. Periodic survey processes and oversight of online survey processes C. Program Review 1. Remm.d employers of submittal deadlines 2. Monitor program report receipt J. Review revised prograIIlS for sites that did not make progress and evaluate potential for progress toward SOY reduction and make recuuLLuendations to city 4. Review program reports for completeness for new sites and for sites that made progress toward goal 5. Recommend action to city 6. Generate approval letter provided by city D. Exceptions and Modifications L Infonn new sites about criteria and process 2. Receive requests and copy to city 3. Copy request to state for comment 4. Review and analyze request; send response to employer . 5. Provide documentation for CTR legal file E. Records Maintenance I. Maintain master file. records. on all affected sites related to J King County Tasks ....' 2. Update database and employer legal files' with any documents provided by city for city tasks 3. On a quarterly basis, provide WSDOT with hard copy of each employer pro~am report approved within the quarter 4. Provide WSDOT with an electronic copy of the CTR database of the city's CTR affected employers, quarterly or as desired by WSDOT 5. Provide quarterly report infonnation forstate billing (for King County tasks only) f-xh'\\:~;\+ A" Responsibility City City City King County. King County King County King County King County City King County .- '-, " Schedule Ongoing Ongoing Ongoing Ongoing Ongoing