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HomeMy WebLinkAboutReg 2003-11-17 Item 6C - Interlocal Agreement - 2003-2004 Commute Trip Reduction with King County for $21,979I CAS Number: 03-146 Recommendations: I Cost Impact: Fund Source (ifknown): WSDOT Meeting Date 1 C: \WINDOWS \TEMP \CAS 2003KC.doc COUNCIL AGENDA SYNOPSIS Initials Meeting Date I Precut d Iw 1 Mayor's review 1 Council review 1 11/17/03 I SL 1 'I 1 "2_ I I I I ITEM INFORMATION Original Agenda Date: Committee: Forward to Council 11 /12/03 Administration: Same as sponsor. None, paid from state allocation 11 -17 -03 ITEM NO. (0.C. Agenda Item Title: CTR Implementation Agreement with King County Metro Original Sponsor: Council Admin. DCD Sponsor's Summary: Review and approve CTR Implementation Agreement with King County Metro for Fiscal year 2003 -2004 Sponsor: Authorize Mayor to sign agreement with King County to provide CTR services For $21,979.00 RECORD OF COUNCIL ACTION Action .:._APPENDICES. Meeting Date Attachments 11/17103 I Memoradum from Steve Lancaster dated 10/27/03 and CAP Meeting minutes dated 11/12/03. October 27, 2003 City of Tukwila Department of Community Development Steve Lancaster, Director Community Affairs and Parks Committee (CAP) To: From: Steve Lancaster, DCD Subject: Memorandum Briefing on Renewal of Commute Trip Reduction Contracts Steven M. Mullet, Mayor Introduction The Commute Trip Reduction Implementation Contract with the Washington State Department of Transportation for the biennium 2003 -2005 provides secure funding for administering the City's CTR program. The allocation for the fiscal year July 1, 2003 is for one year only at this time and is for $39,279.00. For the following year (July 1, 2004 -June 30, 2005), the funds will be determined by CTR affected employer counts as of April 2004. For 2003, we have 23 CTR affected employers. The actual contract amount for the two -year period is anticipated to be approximately $80,000.00. The second contract, Commute Trip Reduction Act Implementation Agreement, is with King County. This contract is for the City to spend funds from the state allocation for CTR data collection and promotional activities. The contract is essentially the same as previous contracts with King County Metro. For the fiscal year July 1, 2003 -June 30, 2004, the amount expended will be $21,979.00. 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 during the hours of 6:00 am and 9:00 am. The requirement is directed at employers with 100 or more employees arriving at the target time period. 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 WSDOT prefers to contract directly 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 93188 Phone: 206-431-3670 Fax: 206 -431 -3665 10/27/03 with the jurisdiction to provide direct funding to fulfill the requirements of RCW 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 along with King County Metro's technical resources and skills is the primary reason for this agreement with Metro. By contracting services with King County Metro, coordination of employer plans and consistency with the state guidelines for CTR is continued. We have contracted for services since 1995. Administration The program administration for commute trip reduction is paid for by the funds received from WSDOT. Funding for this program is made through WSDOT on a reimbursement basis rather than a quarterly allotment. The City of Tukwila's allocation for the first year of the biennium is $39,279.00. In March 2004, determination for the second half of the biennial allocation will be made as determined by the number of affected employers in the city limits. It is possible that the number of affected employers will increase or decrease and the funding allocation will reflect those numbers in 2004 -2005. We had a decrease of three sites in 2003 and have three more sites on a watch list due to decreasing numbers of employees in employment. The allocation is also based on a performance measure throughout the state. That measure is based on reducing trips. The City of Tukwila met the performance goal at the end of 2003 for the last biennium. The City must spend the monies allocated by the state or lose the allocation. The funds are used for the staff Commute Trip Reduction Coordinator, implementation of the CTR Program for Tukwila and development of incentives. A contract with Metro for state required program review and data services are part of the program. Chances noted Both contracts are essentially similar to previous contracts with the WSDOT and King County Metro. The contract with WSDOT enables the city to secure funding for the program. The performance measure is increased from 20% of the allocation to 25% for the biennium. This means the affected City employers need to show progress in the CTR programs over the next two years. The required CTR survey will be the measurement tool. The WSDOT contract is for two years and the King County Metro contract is for one year. Next Sten The contracts need to be sent to COW for authorization for the mayor to sign both agreements. Attachments: 1. GCA -3661 Commute Trip Reduction Implementation Contract with Washington State Department of Transportation 2. King County Metro Implementation Contract Maggie•Lubov :Tukwila Contract 0304.doc_ Commute Trip Reduction Implementation Agreement Page 1 COMMUTE TRIP REDUCTION ACT IMPLEMENTATION AGREEMENT This Agreement is entered into by and between King County, acting through its Department of Transportation (hereinafter the "County"), and the City of Tukwila "City"), both of which entities may be referred to hereinafter individually as Parry" 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 of 1991, 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 23.94.110 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 mutual promises and covenants herein, the sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: SECTION 1.0 PURPOSE SECTION 2.0 DEFINITIONS _Page 1 The purpose of this Agreement is to assign certain tasks to be performed by the County on behalf of the City to implement the CTR Act. Maggie L_ubov Tukwila Contract 0304.doc__ Commute Trip Reduction Implementation Agreement Page 2 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 3.4 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" means the Washington State department of Transportation (WSDOT) unless otherwise noted. SECTION 3.0 SCOPE OF WORK 1.1 Scope of Work: The scope of work to be completed by the County on behalf 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 Cityto 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 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 will be held by the City and the County. Page 2 ji Maggie_kubov Tukwila Contract 0304.doc Commute Trip Reduction Implementation Agreement Page 3 3.5 Administrative Representatives: The County and the City shall each designate an Administrative Representative for matters pertaining to this Agreement. 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: The budget for work to be pertbrmed through June 30, 2004 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 of the invoice. Payment Fixed Payment Invoice Submitted No Later Than: 1st payment 55,494.75 October 10, 2003 2nd payment 55,494.75 January 10, 2004 3rd payment 35,494.75 April 10, 2004 Final payment 55.494.75 June 30, 2004 Total 521,979.00 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 the 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 The County agrees to abide by all applicable federal and state statutes and regulations prohibiting employment discrimination. Page 3 Maggie Lubov Tukwila Contract 0304.doc Commute Trip Reduction Implementation Agreement Page 4 SECTION 7.0 WAIVER 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, signedby an authorized representative of each Parry, and attached to the original Agreement. SECTION 8.0 SEVER4BILITY 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 9.0 LEGAL RELATIONS 9.1 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. 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 of the 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 of RCW 4.24.1 15 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 representatives, each Party's obligation hereunder applies only to the extent of the negligence of such Party or its contractors, officials, employees, agents, or representatives. Each Party specifically assumes potential liability for actions 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 under this 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 of RCW 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 Page 4 Maggie Lubov Tukwila Contract 0304.doc Commute Trip Reduction Implementation Agreement Page 5 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 prowams *elated 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 from 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 of this Agreement. The Superior Court of King County, Washington shall have exclusive jurisdiction and venue over any legal action arising under this 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 from July 1, 2003. The expiration date for purposes of performing substantive work as described in Exhibit A (Scope of Work) and for incurring costs is June 30, 2004, and for final accounting purposes is August 30, 2004, unless the Parties agree to an extension using the modification procedure provided in Section 11 below. SECTION 11A 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 of the termination to the other Parry. If this Agreement is so terminated prior to fulfillment of Page r_ Maggie lubov Tukwila Contract 0304.doc Commute Trip Reduction Implementation Agreement Page 6 12.2 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. This Agreement contains all terms, 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 200_ IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day first above mentioned. OR: the terms 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. SECTION 13.0 ENTIRE AGREEMENT KING COUNTY By General Manager, Metro Transit Approved as t. CITY OF TUKWILA By By Attorney Page 6 I Maggie•Lubov Tuk Scope 0304.doc Contracting for 23 worksites I. Work activities required by CTR ordinance City of Tukwila Commute Trip Reduction Services Scope of Work July 2003 through June 2004 Responsibility Schedule A. Notification of new sites site status change 1. Identify potential sites City 2. Identify contact for potential sites City 3. Send notification inquiry City 4. Secure state code King County 5. Create timeline and legal file King County 6. Respond to site status information as needed King County B. Database Management and Ongoing Survey Processes King County Ongoing 1. Ongoing coordination of contact information 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 E. Records Maintenance, King County 1. Maintain master file records on all affected sites related to 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 program report approved within the quarter 4. Provide WSDOT with an electronic copy of the CTR database of the city's L I'R affected employers, quarterly or as desired by WSDOT 5. Provide quarterly report information for state billing (for King County tasks only) Ongoing C. Program Review King County Ongoing 1. Remind employers of submittal deadlines 2. Monitor program report receipt 3. Review revised programs for sites that did not make progress and evaluate potential for progress toward SOV reduction and make recommendations to city 4. Review program reports for completeness For new sites and for sites that made progress toward goal 5. Recommend action to city t 6. Generate approval letter provided by city D. Exceptions and Modifications City Ongoing 1. Inform 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 L IR legal file Ongoing City of Tukwila Page Maggie tubov: Tuk Scope 0304.doc. IL Outreach activities in support of CTR ordinance A. Program Development New sites 1. Provide written information on basic requirements of the CTR ordinance, CTR zones and an explanation on how the plan is intended to achieve its goals. 2. Provide materials that explain a range of measures and activities that may help the employer achieve the CTR goals of the local ordinance 3. Assist with voluntary baseline survey 4. Analyze survey data from baseline survey, if available to site, and make program recommendations Existing sites 1. Analyze survey data for those sites that did not make scant. SOV progress, and make program recommendations and follow -up meetings with employers B. Program Implementation King County 1. Identify continuing partnership potential for joint funded projects 2. Provide information about King County Metro services 3. Respond to employer requests 4. Assist with up to three on -site employee events Responsibility Schedule King County Ongoing, as needed Ongoing, as needed Ongoing Autumn C. Provide two employee awareness campaigns per year King County Spring Provide employee awareness campaigns (materials and support staff time for Rideshare week and Relax Campaign) City of Tukwila Page 1 3 Maggie tubov Tuk Budget 0304.xls CITY OF TUK`VILA Exhibit B Commute Trip Reduction Services Period: July 1, 2003 through June 30, 2004 FUNDING State CTR Funds (estimated) 51,200 per site for Required Activities 3507.74 per site for Employer Services TOTAL FUNDS AVAILABLE NUMBER OF SITES 23 F IR SERVICES CONTRACT eauired Activities 1. New Site Notification Site status change 4. Exemptions, Modifications and Compliance Issues 5. Records Maintenance protal Required Activities S 27,600.00 3 11,678.02 3 39.278.02 3 192 2. Data Management Survey Processes S 4.987 3. Program Review S S.S12 S 1312 17,323 L molaver Service 1. Employer Training 2. Incentives 3. Promotions Marketing S 2.016 4. Program Development S 384 5. Program Implementation 2.256 [Loral Employer Service s 4.656 {CONTRACT TOTAL 21,979 _Pagel t'TY �F TUK11ILA site tor FUNDING s Activities 11t2gg per tor �EmpWY 5 t ar t 7415ital State f site 11 75 FU AVAILABLE tS TOTAL CYR SERVICES CONTRACT R�otred Activities New Site Notification Site status change t pataMan M Program} Revfew TpLXINp Proposed S 27.E 118 39.279 L S 23 Exemptions. Modifications and Compaance issues Records Maintenan islet 15;71 Pe Activities to be beau as tired a mount E_ME1oYer Service 1 Employer Training 2. Incentives 3. Promotions a Marketing a. Other Program Oevetopmern m eMatton Program hnS'u' $E'4 9/ISOkll ptES vra change in site status such as 12-month t32 Now ssumes saes for this yearn'? up survey schedules survey data Ongoing ng coordination otco contact lamination tion oversight aggregate ains with e mployer s q ested, survey. Praha b A.g8 as ss (port of OS coordinator facsipi. P< monitor Wo 9rar y report evaluate Remind evised programs a �forrtsitites that hd make progress ss and e Walla' to review re for progress toward S Oreduct ion r P 8,832 pity, rev program reports (or Bart criteria City, review Pr responsibility for intorining new sit W grave s e to and Assumes City her Me r u ests, e coning r smiling rase Pis sae) Dolars C ler requited adn^aes 17,7? S7 letter of agreement Covered under S NM in cluded S ca� sires are treated 1 snas ent wiih new seas tASaumas work in program develop"' a nal ce 304 this year funded µujac.ts. provide potential tai joint to projects, ro Identity information a ut Kung C ount M atto S employer a a nts rr assist with W three ssum analysis process. for receiving is et processes t3 hr for review and documentation amp comme yer and tic ance of providing art liter and quarterly report Induces maintenance of master 53.18 separate averts (RfdasltiNe eek aaa Rates Campaign 2 snre and i S transportation sumes those Boeu+g R tes k and e yed as on S202, 4 85a Sg55.ei 97 s �i a yar stir p a c e Wrbaa ota%iw CTa rpaeac Community and Parks November 12, 2003 DRAFT Present: Joan Hernandez, Chair; Richard Simpson, Jim Haggerton Steve Lancaster, Maggie Lubov, Nick Olivas, Rhonda Berry, Cyndy Knighton, Lucy Lauterbach 1. Commute Trio Reduction Contracts Maggie explained there are two contracts. The first is from the State, and it is money allocated to the City's CTR program The fiscal year for CTR is on a July 1 -June 30 basis, so this contract runs from July 2003 -June 2004. The grant will be for $39,279, and is based on both the number of affected employers and on the performance of those sites' improvement in reducing single car occupant trips. The contract is fairly clear. Maggie said the City had lost three sites in the last year, with the economy declines and Wade Cook leaving the City. She said, however, that Tukwila has lost fewer sites than other areas throughout the State, which seem to have been hit harder than we have been hit. The second contract is with King County, and is a contract for them to do some data collection and monitoring. Maggie thought it was well worth the $21,979 of the contract as it results in unassailable numbers and saves much work by the City. Maggie had put together a notebook with maps and data about commuting in the region, the South end, and Tukwila. She noted that use of the rail has gone up markedly, though it is still a small percentage of trips. Tukwila employees who live in Tacoma, Puyallup, or Auburn use it daily, which helps our numbers. Some CTR sites in Tukwila have met their goals through carpools, vanpools, compressed work weeks, buses, and other commutes. Tukwila's single car driver rate is 80 Recommend contracts to Council. 2. Museum of Flight Renaming Nick explained the Museum of Flight has asked to change the name of S.96 Place to Museum of Flight Street. It is less a street than a driveway at the Museum. The Committee talked about the implication of granting this request, and whether it would encourage other businesses to make similar requests. The committee wanted to know if there were any criteria to consider in making this recommendation. They talked about whether Costco should be allowed to rename Saxon Drive, which is a street name that could have historical significance. Recommend resolution to COW aonroving new street name.