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HomeMy WebLinkAboutReg 2003-11-17 COMPLETE AGENDA PACKETNovember 17, 2003; 7 PM Ord #2033 1. CALL TO ORDER/PLEDGE OF ALLEGIANCE/ROLL CALL 2. CITIZEN At this time, you are invited to comment on items not included on COMMENT/ this agenda. To comment on an item listed on this agenda, please CORRESPONDENCE save your comments until the issue is presented for discussion. 3. CONSENT AGENDA a. Approval of Minutes: 11/3/03 (Regular). b. Approval of Vouchers. 4. PUBLIC HEARINGS 5. UNFINISHED BUSINESS 6. NEW BUSINESS 7. REPORTS 8. MISCELLANEOUS 9. EXECUTIVE SESSION 10. ADJOURNMENT Tukwila City Council Agenda REGULAR MEETING Steven M. Mullet, Mayor Councilmembers: Joe Duffie Dave Fenton Rhonda Berry, Acting City Administrator Jim Haggerton Joan Hernandez Pam Carter, Council President Pamela Linder Richard Simpson Proposed 2004 Budget and Financial Planning Model. a. A resolution repealing Resolution 1414 and setting new recreation and aquatic program fees. b. Continued review of the Proposed 2004 Budget (please bring your copy of the Proposed 2004 Budget CIP). a. A resolution involving non represented salaries. pg. 13 b. Authorize Mayor to sign a contract with the Washington Pg.31 State Department of Transportation renewing the Commute Trip Reduction Implementation Contract for the period 2003 -2005. c. Authorize Mayor to sign the Commute Trip Reduction Act p 51 Implementation Agreement with King County Metro for the CTR data collection and promotional activities for the period July 1, 2003 through June 30, 2004. a. Mayor b. City Council c. Staff d. City Attorney Res #1536 e. Intergovernmental Pg. 3 Pg. 5 Pg. 9 Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice by calling the City Clerk's office 206 433 1800 /TDD 206 248 -2933. This notice is available at www.ci.Tukwila.wa.us, and also in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. COUNCIL AGENDA SYNOPSIS 0 1 Meeting Date Prepared by 1 Mayor's review1 Council review 1 I 11/17/03 LL I _La, 1 ti. --4- Pc.l 1 1 1 1 1 1 1 1 1 1 1 1 ITEM INFORMATION I CAS Number: 03-143 I Original Agenda Date: 11/17/03 Agenda Item Title: Public Hearing to allow citizens to comment on the 2004 Budget and CIP. Original Sponsor: Council x Admin. x Timeline: A public hearing is needed before the budget is adopted. Sponsor's Summary: Ask for any comments citizens have on the 2004 budget and CIP, and consider any comments given before adoption. Recommendations: Sponsor: Listen to citizens Committee: N/A Administration: Same as sponsor Cost Impact (if knnwril• Fund Source (if known) Meeting Date 1 11/17/03 RECORD OF COUNCIL ACTION Action APPENDICES I Meeting Date 1 Attachments Initials ITEM NO. Administration: Same as sponsor. Cost Impact (if PUtf'Sburce (if known): 11 -10 -03 11 -10 -03 11 -17 -03 COL NCIL A GENDA Si TOPSIS Initials Meeting Date Prepared by I Mayor's review I Council review 11 -10 -03 i T. Thomas 1v 11 i B. Baker I CAS Number: 03-141 Original Agenda Date: 11 -10 -03 Agenda Item Title: Proposed Resolution Amending Recreation Fee Schedule Proposed Resolution Final Format- 1 &t' e. I ?e ITEM No. 5 a, Original Sponsor: Council Admin. Parks Recreation Department Timeline: Proposed acceptance of fee resolution at the Nov. 17, 2003 Regular meeting. Sponsor's Summary: The Parks and Recreation Department requests authorization to repeal Resolution #1414 and seeks Council acceptance of a newly proposed resolution. Said proposed resolution contains simplified language, includes (both) Recreation and Aquatic Program fees, gives the Parks and Recreation Director authorization to set fees, and maintains a review of fees, annually, by the Parks Commission and Community Affairs and Parks Committee. Recommendations: Sponsor: Accept newly proposed fee resolution. Committee: Community Affairs Parks Committee reviewed and approved sending the proposed resolution to the COW on 11- 10 -03. c Proposed resolution considered. Two proposed amendments suggested. For action, the proposed resolution was forwarded to the 11/17/03 Reg „mtg. achments Memorandum to Mayor Community Affairs Parks Committee dated 10 -23 -03 Minutes Community Affairs and Parks Committee dated 10 -28 -03 Resolution 1414 Copy Proposed Resolution Draft format Section 1. Definitions. B. Costs: Section 2. General Policies. City of Tukwila Washington Ordinance No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING POLICIES FOR SETTING FEES FOR THE CITY'S RECREATION AND AQUATICS PROGRAMS, CLASSES, SERVICES AND FACILITIES; AND REPEALING RESOLUTION 1414. WHEREAS, the City Council desires to adopt recreation fees that are both fair to participants and fiscally responsible from the City's viewpoint; and WHEREAS, recreation and aquatic programs, classes, services and facilities are important to the health and well being of the community; and WHEREAS, Tukwila has a full range of programs, classes, services and facilities, and those should all be equitable on their own and with one another; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: A. Age groups: 1. "Youth" means persons under the age of 18. 2. "Adult" means persons aged 18 54. 3. "Senior Adult" means persons age 55 and over. 1. "Direct costs" are those costs directly related to the specific operation of the activity, such as balls, field or building rental, umpires or trophies for sports leagues; or instructor wages and supplied materials. 2. "Indirect costs" are costs included as part of the general operating expenses of all recreation programs, such as brochure printing, Tukwila Community Center rooms and utilities maintenance, and City staff wages and salaries. A. Specific program fees within each age group can vary according to program needs, participants' ability to pay, market rates for similar programs, and the availability of City funding. B. When fees are set for programs and activities, they shall include the direct costs for operating the program, and may also include indirect costs as determined by the Parks and Recreation Director or his /her designee. C. When additional funding through grants, donations or sponsorships is acquired for a program or activity, the fee for the program may be adjusted with approval from the Parks and Recreation Director or his /her designee. Recreation Pees ll /13/03 1 D. Fees and charges are set by the Parks and Recreation Director and are subject to periodic review at least annually by the Parks Commission and the City Council's Community and Parks Committee. E. The Parks and Recreation Director or his /her designee may waive part or all of a fee in case of financial hardship. F. Other fees and charges, such as deposits, late fees, and administrative processing fees, may be assessed for programs, activities and services as deemed necessary by the Parks and Recreation Director or his /her designee. G. An fee may be charged in addition to the program or activity fee for participants who reside outside of the Tukwila City limits. Section 3. Resolution 1414 is hereby repealed. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2003. ATTEST /AUTHENTICATED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Recreation Fees 11/13/03 Pam Carter, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: CAS Number 03-138 Agenda Item Title: Original Sponsor: Council I Timeline: 1 Sponsor's Summary: Recommendations: Sponsor: Review budgets Committee: Finance Safety, Utilities and Transportation Committees have all reviewed various portions of the budgets. Administration: Same as sponsor. Cost Impact (if PUlid"8burce (if known): 11 -10 -03 I Continued-review at CM. CO uNCIL AGENDA Si I IOPSIS Meeting Date 11 -10 -03 11 -17 -03 Admin. X Initials Prepared by ayor's revie L. Lauterbach 1 5ww'" Lid I c_ uP Original Agenda Date: Review of the Proposed 2004 Budget and 2004 -2009 CIP Review those budgets and capital plans which have been reviewed in Committee. Council review Ger 10 -27 -03 ITEM No. 5.b. Attachments I 11 -10 -03 I Memorandum to the City Council, from Lucy Lauterbach, dated November 5, 2003. 1 11/17/03 IMemo from LLauterbach, dated 11/13/03 To: Committee of the Whole From: Lucy Lauterbach Date: Novemberl3, 2003 Subject: Review of the 2004 budget You've rounded the comer and are headed for home in your budget review program You have five pages of CIP left to review in the General Improvements and the Facilities sections. Then you can review this somewhat small list of budgets and you will be FINISHED for the year. Most of these budgets were reviewed this same evening in Finance and Safety Committee. CIP Facilities pp.70- 74 Budget Municipal Court 43 -44 Personnel/Safety/Civil Sery 45 -47 City Clerk 48 -49 Information Services 50 -51 Finance 53 -55 City Attorney 56 -57 Contributions/Fund Balance 134 Hotel/Motel Tax 135 V -Net 136 Contingency Fund 143 1994 Bonds 145 1999 Bonds 146 2000 Bonds 147 2003 Bonds 148 2003 Bonds 149 Gen Gov't Improvements 154 Insurance Fund 177 Firemen's Pension Fund 178 CAS Number 03-144 1 11/17/03 Meeting Date 11/17/03 COUNCIL AGENDA SYNOPSIS Meeting Date 11/17/03 ©3 Initials ITEM NO. Prepared by 1 Mayor) review 1 Council review 1 vl I 1 LL ITEM INFORMATION Original Agenda Date: 11/17/03 Agenda Item Title: .Non- Represented Salary Study Original Sponsor: Council X Admin. Timeline: Approve at 11/17/03 Regular Meeting Sponsor's Summary: Council determined to review the non represented compensation system for the 2004 calendar. Administrative Services has conducted a review of the wage system for council consideration. Recommendations: Sponsor: Committee: To be determined at 11/17 Finance Safety Committee Mtg. Administration: Approve as presented Cost Impact (if known): Fund Source (ifkmown): 2004 General Fund :RECORDOF COUNCIL ACTION APPENDICES Attachments Memo from Mayor Mullet dated 11/13/03 (with attachments) Proposed resolution (final format) Resolution No. 1506 Q MEMORANDUM TO: Finance and Safety Committee FROM: Mayor Mullet sty" DATE: November 13, 2003 RE: Non Represented Wage /Benefit Schedule for 2004 Historical Background Last fall the Council reviewed and approved the results of the Non Represented wage plan and made a decision to eliminate the merit program for the time being, provide a COLA in 2003, and to do a market study for implementation in 2004. The Council left open for consideration in 2003, how the wages for employees above the control point would be addressed for future wage increases. There was no commitment as to what the plan would be like beyond that point. Discussion was held regarding whether the plan was "working especially in light of the downturn in the economy. Once again, I provide you with a historical review of what has taken place regarding the Non Represented Salary Plan. Summer 1997: When the Non Represented wage study was conducted in 1997, the Council direction was that COLAs be eliminated from the plan. In order to maintain market parity and internal equity, it was recommended and approved that a wage study be conducted every two years. The study went into effect January 1, 1998, and covered 1998 and 1999. In addition,.a merit plan was adopted. The merit plan was an "all or nothing" approach in terms of dollars awarded. Summer of 1999: A two -year follow -up wage study was conducted in 1999. The changes went into effect on January 1, 2000. This adjustment to the wage schedule covered 2000 and 2001. The schedule increased an average of 6 It was recommended and approved to modify the merit plan to allow awards in $50 increments, up to the maximum, for those receiving merit. Summer of 2002: A second two -year follow -up wage study was conducted in 2001. The recommended increase, in lieu of COLAs, covered 2002 and 2003. With the booming economy during 2000 and early 2001, many of the City's comparables had substantially increased their Non Represented wages. The average adjustment to the City's schedule was 11.2 The Council reviewed all the information and made a decision to approve the Non Represented wage increase based on the fact that the information provided was validated and in alignment with the adopted Non Represented wage plan. Summer of 2003 The Mayor and Council were and are concerned about the overall financial health of the City in the short and long term. It was requested that Administrative Services conduct a review of the wage system and provide options to the plan for consideration. Some options discussed included keeping the system the same, implementing annual COLA increases, getting rid of or maintaining some type of a merit program (not necessarily the same as has been in place), and on -going wage studies at intervals that support the City's overall compensation philosophy. The Council made the decision to provide a 1.71% COLA increase (90% of the CPI -W) to all non represented employees effective January 1, 2003, and directed Administrative Services to conduct a wage study in the summer of 2003 for implementation in 2004. A review of the status of the wages above the control point would be reviewed at that time to determine how those wages would be addressed. Basic Plan Elements The basic elements of the plan, which maintain the integrity of the system, are: 1) Decision Band Methodology for creating classifications. 2) Market analysis using comparable jurisdictions top step wage. 3) Regression line analysis to establish the Control Point for each DBM rating with a range of 25% and 60% used to establish the steps. 4) Steps below the Control Point are automatic as individuals move through the system. 5) A market adjustment is applied to individual classifications when new Control Point is 10% or more below the market. The demographics for 2004 based on implementation of the latest analysis shows the following placement of existing Non Represented employees on the wage schedule. A current summary of the placement of the number of employees at each DBM level is as follows: Below Control Point Control Point above Control Pdint ii i x 2003 4. 2004 <;2003 ::;2004 '1003 ;-2004 i. A.band.'1 4 :.0 °N0 B; band t.;l:< 1 c".5.- 5 0: j;. I C band 4' y w 1 4 .x ...3 s 3 js., ..5 5 2:-1 Dbandei 4 7 �5 V .1'2 7 6 -.5.:1 ELF bands 2 rO.2 1 k 2 r 2 3 t: .-3 I Recommendation Having reviewed various options presented by Administrative Services, it is my recommendation that the following actions be taken regarding the Non Represented wage plan for 2004: Keep the overall basic plan methodologies. Control point remains as is, reflecting the top -step average of the comparable jurisdictions based on market analysis, using the DBM regression model methodology. Continue to hold merit in abeyance. Employees below the control point will be placed according to the wage analysis results. Employees who were formerly above the control point and are placed onto the regular wage schedule will receive a total dollar amount that includes the salary schedule rate and a separate amount in order to have a total increase of 1.62 Employees who remain above the control point will receive a COLA wage increase based on the 90% of the CPI applied to the control point for their position on the salary schedule. (This will result in less than a 90% COLA increase, which brings these positions closer to being incorporated into the salary schedule.) (NOTE: The CP1 -W for the Seattle- Tacoma Bremerton Area Semi Annual Average first half of 2003 compared to first half of 2002) is 1.8 (90% 1, 62 In addition, Council has asked what the impacts are with having COLAs vs using the original practice of a market analysis applied every two years without COLAS. Comparisons have been made for all City employees groups for 1998 -2004, with an estimate made for 2005 (See Samples "A" and "B" attached). Sample "A" reflects the system as outlined on the proposed draft resolution. This provides for COLAs in odd numbered years and market adjustments in even numbered years. Sample "B" reflects a best effort estimate of what would have happened had the original practice of no COLAs and a market analysis every two years been retained. Viki and Alan will be available to meet with the Finance and Safety Committee to review this recommendation and answer your questions, including budget considerations. Cc: Department Heads SAMPLE "A SAMPLE WAGE INCREASES 1998 -2005, 11113/0 2003 2004 Avg What if Avg 2000 2001 2002 as of for 2005 as of Unit 1998 1999 2004 2005 23.86% 2.5% 26.36% 3.51% 3.5 2.5 (min of 3.86 2.5% 6.3 3 3.35% 3% 2.5% Teamsters placed 2.5 6.0% 0 3.5% 331°!° 3.5°!0 2.5% i O nof 3.53% 2.5% 27.21 7•x77? 3.4% Fire 4.7 °/u 4.5 /0 2.5 3% 27 2 2 COLA 5.% .5% 8.2%0 0 4.5% 3.65% COLA 2 2.5% 2 Jo Police 7% 2.25% 2.8 /0 2.5°!0 Comm 2.5% 31.21% 11.2% 90% of Mkt 28.7% 2.5% 3.21 90% 0- 6.2% 0- CPI Non -Reps CPI +f 4.4% Mkt Study 1,71% Study 811 .10 on Study COLA 2.2% Mkt 2006.) Res. 1056. Laced COLA 2005. placed Teamsters SAMPLE "a", WAGE INCREASES 998 -2005 2004 Avg What if Avg as of 2000 2001 2002 2003 as of for 2005 2005 Unit 1998 1994 2004 3.5 2.5 COLA 23.86% 2.5% 26.36% 2.5% 3.St !o (min of 3.41°!0 3.3% 3% 3.35% 3 3% placed 2.5 6.0% 24.71 2.5% 71 °!0 2.5%) 3.51% 3.5% 2.5 COLA 2.5% 7 .21 24.71% 2.2 3.5°!0 (min of 3.53% Fire 3% COLA 25.7 /a 2.5% 3.2% 4.5% 3.65% ?n 3.67% Police 7% 2.250!° 2.8 /0 2.5% Comm 28.6% 3.58% 0 6.2°!0 1 Mkt Non-Reps had 90 Mkt o (If had CPI stayed with 2.2% Study Study original placed method.) 5.2% 6.0% 28.6% 4.08% Non -rep salary 2003 11/13/03 -1 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING RESOLUTION NO. 1506, UPDATING AND CLARIFYING THE NON REPRESENTED EMPLOYEES' COMPENSATION PLAN AND ADOPTING THE NON REPRESENTED SALARY SCHEDULE AND BENEFITS SUMMARY EFFECTIVE JANUARY 1, 2004. WHEREAS, the Tukwila City Council has conducted a review of the non- represented employees' compensation system that was originally implemented on January 1, 1998; and WHEREAS, the City Council recognizes that the current economic climate and forecasts are a consideration in actions that deal with compensation for employees; and WHEREAS, the City Council has made a determination to review the non- represented compensation system for calendar year 2004; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The following statements are established for the purpose of adopting the non represented employees' wages for 2004 and consideration for future years. 1. The following basic plan elements remain the same: a. Decision Band Methodology for creating classifications. b. Market analysis using comparable jurisdictions' top step wages. c. Regression line analysis to establish the Control Point for each DBM rating with a range of 25% and 60% used to establish the steps. d. Steps below the Control Point are automatic as individuals move through the system. e. A market adjustment may be applied to a position when the wage survey results establish a new control point which is ten percent (10 or more below the market and internal compression exists within the career ladder or where there is difficulty in recruiting and /or retaining qualified employees. The integrity of the Decision Band Method (DBM) is maintained, while recognizing a wage gap based on market conditions for a specific position. The market adjustment shall be calculated by taking the difference between the newly- established control point and the market average wage for the position, and applying it on top of the established salary range for the positions. This market adjustment shall be reviewed every two years as part of the salary study and may be eliminated or changed based on the results of the survey. 2. The current wage plan includes a COLA for those employees that remain above the newly established control point, based on 90% of the Seattle- Tacoma Bremerton Area Semi- Annual Average (first half of 2002 to first half of 2003, which is 1.8 for calendar year 2004. All employees who remain above the control point will receive a COLA increase, which is calculated on the salary schedule's control point. 3. The current wage plan provides a minimum increase of 1.62% to those employees who were previously above the control point, and are now placed onto the new salary schedule. 4. Starting in 2005, a COLA shall be applied each January 1 when a study has not been conducted, based on the Seattle Tacoma Bremerton Area Semi Annual Average (first half of calendar year to first hall of following calendar year). 5. The City shall conduct an in -house market analysis of the non represented compensation system during the summer of 2005. The results of the analysis will be implemented on January 1, 2006. 6. The Decision Band method of job evaluation will be used to establish the relative internal value and relationship of all non represented jobs within the City of Tukwila. 7. Merit will continue to be eliminated from the plan at this time due to economic conditions as well as a desire that the wage schedule for non represented employees better reflect the wages offered by those jurisdictions determined to be comparable, and may be reconsidered as a plan element in subsequent years. 8. Step increases from the minimum to the control point for all positions shall be annually on the employee's performance review date. There will be no step increases during 2004 for any employee at or above the control point. Section 2. Non represented salary schedule and benefits summary. A. The non represented salary schedule, attachment "A" hereto, shall be approved, effective January 1, 2004. B. The non represented benefits summary, attachment 'B" hereto, shall be approved, effective January 1, 2004. PASSED BY THE L111' COUNCIL, OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2003. ATTEST AUTHENTICA 1 ED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Non -rep salary 2003 11113/03 -2 Filed with the City Clerk: Passed by the City Council: Resolution Number: Pam Carter, Council President I f Attachment A CITY OF TUKWILA NON- REPRESENTED SALARY SCHEDULE 2004 Classification Title I Job Title Range Administrative Support Administrative Support Technician Al2 Technician Office Technician Personnel Technician 821 Office Specialist Administrative Assistant Program Coordinator Ivtanagement Coordinator Management Analyst Program Administrator Program Manager Administrative Manager Assistant Director Department Manager Department Administrator Department Head Department Director City Administrator Administrative Secretary Civ. Svc. Secretary /Exam. Deputy City Clerk Executive Secretary Legal Assistant Systems Administrator Personnel Assistant City Clerk Court Administrator Police Records Manager Legislative Analyst Personnel Analyst Public Works Analyst Internal Operations Mgr. Public Works Coordinator Asst. City Administrator Police Lieutenant Senior Engineer Building Official City Administrator B22 B23 C42 C43 D61 Asst. Parks Rec. Dir. D62 Maint. Operations Mgr. Planning Mgr. Police Captain Deputy Community Dev. Director I D63 Asst. Fire Chief D72 City Engineer Economic Development Director r E81 Admin. Services Director E83 DCD Director Finance Director Parks Rec. Director Fire Chief E91 Police Chief PW Director F102 jl ATTACUII03NT A 2004 Salary Structure (Monthly) DBM (Minimum) (Maximum) Range Rating Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Step 12 Step 13 Spread All 2.968 3,061 3,154 3,247 3,340 3,433 3,526 3,619 3,712 Y5% Al2 3,183 3,283 3,383 3,483 3,583 3,683 3,783 3,883 3,983 25% A13 3,402 3,508 3,614 3,720 3.826 3,932 4,038 4,144 4,250 25% B21 3,538 3,671 3,804 3,937 4,070 4,203 4,336 4,469 4,602 30% 1322 3,749 3,890 4,031 4,172 4,313 4,454 4,595 4,736 4,877 30% B23 3,960 4,109 4,258 4,407 4,556 4,705 4,854 5,003 5,152 30% B31 4,137 4,318 4,499 4,680 4,861 5,042 5,223 5,404 5,585 35% B32 4,446 4,641 4,836 5,031 5226 5,421 5.616 5,811 6,006 35% C41 4,605 4,790 4,975 5,160 5,345 5,530 5,715 5,900 6,085 6,270 6.455 40% C42 4,809 5,002 5,195 5,388 5.581 5.774 5,967 6,160 6,353 6,546 6,739 40% C43 5,012 5.213 5,414 5,615 5,816 6,017 6,218 6,419 6,620 6,821 7,022 40% C51 5,161 5,393 5,625 5,857 6,089 6,321 6,553 6.785 7,017 7,249 7,481 45% C52 5,456 5,702 5,948 6,194 6,440 6,686 6,932 7,178 7,424 7,670 7,916 45% 061 5,591 5,871 6,151 6,431 6,711 6,991 7,271 7,551 7,831 8,111 8,391 50% D62 5,789 6,078 6,367 6,656 6,945 7,234 7,523 7,812 8,101 8,390 8,679 50% D63 5,982 6 281 6,580 6,879 7.178 7,477 7,776 8,075 8,374 8,673 8,972 50% D71 6,107 6,442 6,777 7,112 7,447 7,782 8,117 8,452 8,787 9,122 9,457 55% D72 6,397 6,747 7,097 7,447 7,797 8.147 8.497 8,847 9,197 9,547 9,897 55% E81 6,501 6,826 7.151 7,476 7,801 8,126 8,451 8,776 9,101 9,426 9,751 10,076 10,401 60% E82 6,684 7,019 7,354 7,689 8,024 8,359 8,694 9,029 9,364 9,699 10,034 10,369 10,704 60% E83 6,874 7,218 7,562 7,906 8,250 8,594 8,938 9,282 9,626 9,970 10,314 10,658 11,002 60% E91 7,106 7,462 7,818 8.174 8,530 8,886 9,242 9,598 9,954 10,310 10,666 11,022 11,378 60% E92 7,387 7,757 8,127 8,497 8,867 9,237 9,607 9,977 10,347 10,717 11,087 11,457 11,827 60% F101 7,668 8,052 8,436 8,820 9,204 9,588 9.972 10,356 10,740 11,124 11,508 11,892 12,276 60% F102 7,949 8,347 8,745 9,143 9,541 9,939 10,337: 10,735 11,133 11,531 11,929 12,327 12,725 60% 34-)t..PcM'`; Sc.tt t SOCIAL SECURITY (FICA): Social Security benefits shall be provided as contained in Section 2.52.010 of the Tukwila Municipal Code. STATE -WIDE EMPLOYEE RETIREMENT SYSTEM (PERS): Retirement shall be provided as contained in Section 2.52.020 of the Tukwila Municipal Code. HOLIDAYS: Holidays shall be provided as contained in Section 2.52.030 of the Tukwila Municipal Code. SICK LEAVE: Sick leave shall be provided as contained in Section 2.52.040 of the Tukwila Municipal Code. MEDICAL INSURANCE: The City shall pay 100% of the premium for the regular full -time employee and all dependents under the City of Tukwila self insured medical /dental plan or Group Health Cooperative. Regular part -time employees shall be entitled to benefits on a pro -rata basis. DENTAL INSURANCE: The City shall provide 100% of the premium for the regular full -time employee and all dependents under the City of Tukwila self insured medical /dental plan. Regular part -time employees shall be entitled to benefits on a pro -rata basis. LIFE INSURANCE: For regular full -time employees, the City shall pay the premium for Plan C (Multiple of annual earnings) or similar group life and accidental death and dismemberment insurance policy. Said plan shall be at 100% of annual earnings rounded up to the next $1,000. VISION /OPTICAL/HEARING CARE: The City shall provide coverage for eye examinations, vision, optical and hearing care to non represented regular full -time employees and their dependents at the rate of $200 per person, to a maximum of $400 per family unit, each year. Regular part -time employees and their dependents shall be entitled to benefits on a pro -rata basis. DISABILITY INSURANCE: The City shall provide 100% of the premium for regular full -time employees for a comprehensive long -term disability policy. VACATION: Following the sixth (6th) month of continuous employment, annual vacation leave of six (6) full days (six 8 -hour periods) shall be granted. Thereafter, an additional day of annual leave shall accrue each month, up to a total of twelve (12) days. Three additional days of annual leave shall be granted on the employee's anniversary date after the third (3rd), fourth (4th), and fifth (5th) years. After six (6) years, the employee shall be granted one (1) day per year additional annual leave to a maximum of twenty -four (24) days per year. The maximum number of accrued hours is 384, or 48 days. Years of Service 0-1 years 1 -2 years 3 -6 years 7 years 8 years 9 years *Six (6) full days will UNIFORM ALLOWANCE: An annual uniform allowance of $350 shall be granted to the following employees: Assistant Fire Chief, Police Records Manager, Police Lieutenant, Police Captain, Fire Chief, Police Chief. Non•Rep Emp Comp flan. 10/24/02 10 years 11 years 12 years 13 years 14 years 15 years the sixth (6th) month Vacation Accrual 12 days* 12 days 15 days 16 days 17 days 18 days be granted following ATTACHMENT B NON REPRESENTED EMPLOYEE BENEFITS Years of Service Vacation Accrual 19 days 20 days 21 days 22 days 23 days 24 days (maximum) of continuous employment. NON-REP EMP COMP PLW 10-02.00c City of Tukwila Washington Resolution No. 1561n A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA., WASHINGTON, AMENDING RESOLUTION NO. 1480, UPDATING AND CLARIFYING THE NON REPRESENTED EMPLOYEES' COMPENSATION PLAN AND ADOPTING THE NON REPRESENTED SALARY SCHEDULE AND BENEFITS SUMMARY EFFECTIVE JANUARY 1, 2003. WHEREAS, the TukwIla City Council has conducted a review of the non represented employees' compensation system that was originally implemented on January 1, 1998; and WHEREAS, the City Council recognizes that the current economic climate and forecasts are a consideration in actions that deal with compensation for employees; and WHEREAS, the City Council has made a determination to clarify and revise the non represented compensation system for calendar year 2003 and review the system for calendar year 2004; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The following statements are established for the purpose of adopting the non represented employees' wages for 2003 and consideration for future years. 1. The following basic plan elements remain the same: a. Decision Band Methodology for creating classifications. b. Market analysis using comparable jurisdictions top step wage. c. Regression line analysis to establish the Control Point for each DBM rating with a range of 25% and 60% used to establish the s d. Steps below the Control Point are automatic as individuals move through the system. e. A market adjustment may be applied to a position when the wage survey results establish a new control point which is ten percent (10 or more below the market and internal compression exists within the career ladder or where there is difficulty in recruiting and /or retaining qualified employees. The integrity of the Decision Band Method (DBM) is maintained, while recognizing a wage gap based on market conditions for a specific position. The market adjustment shall be calculated by taking the difference between the newly- established control point and the market average wage for the position, and applying it on top of the established salary range for the position. This market adjustment shall be reviewed every two years as part of the salary study and may be eliminated or changed based on the results of the survey. 2. The current wage schedule includes a 1.71% COLA, based on 90% of the Seattle- Tacoma Bremerton Area Semi Annual Average (first half of 2002 to first half of 2001, which is 1.9 for calendar year 2003. All employees above the control point will receive the 1.71% increase on top of their 2002 wage. No further steps are available to these employees. 3. A COLA shall be applied each January 1, based on the Seattle-Tacoma- Bremerton Area Semi Annual Average (first half of calendar year to first half of following calendar year). 4. The City shall conduct an in -house market analysis of the non represented compensation system during the summer of 2003. The results of the analysis will be implemented on January 1, 2004. Based on the outcome of the 2003 market analysis, it will be determined how wages for those employees currently above the control point will be handled in 2004. 5. The Decision Band method of job evaluation will be used to establish the relative internal value and relationship of all non represented jobs within the City of Tukwila. 6. Merit will be eliminated from the plan at this time due to economic conditions as well as a desire that the wage schedule for non represented employees better reflect the wages offered by those jurisdictions determined to be comparable, and may be reconsidered as a plan element in subsequent years. 7. Step increases from the minimum to the control point for all positions shall be annually on the employee's performance review date. There will be no step increases during 2003 for any employee at or above the control point Section 2. Non represented salary schedule and benefits summary. A. The non represented salary schedule, attachment "A" hereto, shall be approved, effective January 1, 2003. B. The non represented benefits summary, attachment "B" hereto, shall be approved, effective January 1, 2003. PASSED BY THE CITY COUNCIL OF THE OF ILA, WASHINGTON, at a Regular Meeting thereof this 4- ',ay of 2002. ATTEST /AUTHENTICATED: Wit 44 .I<oh_ Richard Simpson, Cduncil President Jane E. Cantu, CMC, City Clerk •ROVED AS TO FORM: Filed with the City Clerk: 113-.11 02. Passed by the City Council: IL^ Q2 By5 �F Resolution Number: (5 Office of the City Attorney NON -REP EMP COMP Pun 10 02000 Management Coordinator Management Analyst Program Administrator ttachment CITY OF TUKWILA NON-REPRESENTED SALARY SCHEDULE 2003 Classification Title Administrative Support Technician Office Technician Office Specialist Administrative Assistant Program Coordinator Program Manager Administrative Manager Assistant Director Department Manager Department Administrator Department Head Department Director City Administrator job Title Administrative Support Technician I Administrative Secretary Civ. Svc. Secretari/Exam. Deputy City Clerk Executive Secretary Legal Assistant Systems Administrator Personnel Assistant City Clerk Court Administrator Police Records Manager Legislative Analyst Personnel Analyst Public Works Analyst Internal Operations Mgr. Public Works Coordinator Asst City Administrator Police Lieutenant Senior Engineer Building Official Asst Parlcs Rec. Dir. Maint. Operations Mgr. Planning Mgr. Police Captain Deputy Community Dev. Director I D63 Personnel Technician 1 Asst Fire Chief City Engineer Economic Development Director I Admin. Services Director DCD Director Finance Director Parks Rec Director Fire Chief Police Chief PW Director City Administrator Range Al2 B21 B22 823 C41 C42. C43 D61 D62 D72 E81 E83 E91 F102 DUI (Minimum) Rating Steo1 Step Step3 Step4 Step5 Step8 Step7 All 2,427 2,502 2,578 2,654 2,730 M2 2,656 2,739 2,821 2,905 2,987 A13 2,884 2,975 3,055 3,155 3,248 B21 3,047 3,161 3,275 3,389 3,504 822 3,271 3,393 3,516 3,638 3.761 B23 3,495 3.826 3,757 3,887 4,019 031 3,894 3,856 4,018 4,179 4,341 1332 4,024 4,200 4,376 4,552 4.727 C41 4,208 4,376 4,544 4,713 4,882 5,051 C42 4,421 4,598 4,776 4,953 5,131 5,308 C43 4,838 4,822 5,008 5.194 5,379 5,566 051 4,807 5,023 5,239 5,456 5,872 5,888 C52 5,122 5,353 6.583 5,814 6,045 6,274 061 5,278 5,542 5,808 6,070 8,333 6,598 082 5,484 5,758 6,032 6,307 6,581 6,855 063 5,690 5,974 6,259 6,544 8,828 7,113 071 5,837 6,157 8,478 8.798 7,118 7,435 D72 6,140 6,477 6,814 7,149 7,488 7,821 E81 6,263 6,577 6,890 7,204 7,517 7,831 8,145 E82 6,461 8,784 7.109 7,432 7,755 8,079 8,402 E83 6,659 8,993 7,326 7,660 7,992 8,328 8,660 E91 8,907 7,253 7.599 7,945 8,290 8,636 8,982 E92 7,205 7,585 7,928 8,288 8,847 9,008 9,369 F101 7,502 7,878 8,254 8,829 9,004 9,381 9,758 F102 7,799 8,190 8,580 8,971 9,381 9,752 10,143 9.71% Increase over 2002 wages Attachme A 2003 Salary Structure Monthly)* ATTACHMENT B NON REPRESENTED EMPLOYEE BENEFITS SOCIAL SECURITY /FICA); Social Security benefits shall be provided as contained in Section 2.52.010 of the Tukwila Municipal Code. STATE -WIDE EMPLOYEE RETIREMENT SYSTEM (PERSI; Retirement shall be provided as contained in $action 2.52.020 of the Tukwila Municipal Code. HOLIDAYS: Holidays shall be provided as contained in Section 252.030 of the Tukwila Municipal Code. SICK LEAVE; Sick leave shall be provided as contained in Section 252.040 of the Tukwila Municipal Code. MEDICAL INSURANCE The City shall pay 100% of the premium for the regular full -time employe^ and all dependents under the City of Tukwila self insured medical /dental plan or Group Health Cooperative. Regular part -time employees shall be entitled to benefits on a pro -rata basis. DENTAL INSURANCE: The City shall provide 100% of the premium for the regular full -time employee and all dependents under the City of Tukwila self insured medical /dental plan. Regular part-time employees shall be entitled to benefits on a pro -rata basis. LIFE INSURANCE For regular full -time employees, the City shall pay the premium for Plan C (Multiple of annual earnings) or similar group life and accidental death and dismemberment insurance policy. Said plan shall be at 100% of annual earnings rounded up to the next $1,000. VISION /OPTICAL/HEARING CARE: The City shall provide coverage for eye examinations, vision, optical and hearing care to non represented regular full -time employees and their dependents at the rate of $200 per person, to a maximum of $400 per family unit, each year. Regular part-time employees and their dependents shall be entitled to benefits on a pro-rata basis. DISABILITY INSURANCE The City shall provide 100% of the premium for regular full-time employees for a comprehensive long -term disability policy. VACATIQN: Following the sixth (6th) month of continuous employment, annual vacation leave of six (6) full days (six 8 -hour periods) shall be granted. Thereafter, an additional day of annual leave shall accrue each month, up to a total of twelve (12) days. Three additional days of annual leave shall be granted on the employee's anniversary date after the third (3rd), fourth (4th), and fifth (5th) years. After six (6) years, the employee shall be granted one (1) day per year additional annual leave to a maximum of twenty-four (24) days per year. The maximum number of accrued hours is 384, or 48 days. Vacation Accrual 19 days 20 days 21 days 22 days 23 days 24 days (maximum) 'Six (6) full days will be granted following the sixth (6th) month of continuous employment. UNIFORM ALLOWANCE: An annual uniform allowance of $350 shall be granted to the following employees: Assistant Fire Chief, Police Records Manager, Police Lieutenant, Police Captain, Fire Chief, Police Chief. Years of Service 0-1 years 1 -2 years 3-6 years 7 year; 8 years 9 years Non -Rap Emp Comp Play 10/24/02 Vacation Accrual 12 days* 12 days 15 days 16 days 17 days 18 days Years of Service 10 years 11 years 12 years 13 years 14 years 15 years Recommendations: 1 Cost Impact: I Fund Source (if lrnown): WSDOT Meeting Date 1 C: \WINDOWS \TEMP \CAS 2003.doc COUNCIL AGENDA SYNOPSIS Initials 1 Prepared b) 1 Mayor's review 1 Council review 1 Meeting Date I 11/17/03 I SL 1 ee.,f I _Lee. I I I I ITEM INFORMATION ITEM NO. CAS Number: 03-145 I Original Agenda Date: 11/17/03 Agenda Item Title: CTR Interlocal Agreeement with WSDOT I Original Sponsor: Council Admin. DCD Sponsor's Summary: Review and approve CTR Implementation Interlocal Agreement with WSDOT for Biennium 2003 -2005 Sponsor: Authorize Mayor to sign agreement with WSDOT to insure funding source for CTR Committee: Forward to Council 11/12/0 Administration: Same as sponsor. None, Grant revenue to be received $39,279, 2003 -2004, additional tbd 2004 -2005 4RECORD OF =COUNCIL ACTION Action APPENDICES MeetineDate 1 Attachments 11/12/03 I Memoradum to CAP 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 To: From: Steve Lancaster, DCD Subject: Memorandum Community Affairs and Parks Committee (CAP) i l Briefing on Renewal of Commute Trip Reduction Contracts 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. Backaround 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 Steven M. Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206-431-3670 Fax: 206 -431 -3665 Attachments: 1. GCA -3661 Commute Trip Reduction Implementation Contract with Washington State Department of Transportation 2. King County Metro Implementation Contract 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 Steo The contracts need to be sent to COW for authorization for the mayor to sign both agreements. Washington State Department of Transportation 310 Maple Park Avenue PO Box 47387 Olympia, WA 98504 -7387 Key Contact Person: T.J. Johnson Agreement Number City of Tukwila 6300 Southcenter Blvd Tukwila, WA 98188 -2545 Key Contact Person: Maggi Lubov Employer Federal ID 91- 6001519 Project Amount lProject Title Start Date Completion Date Commute Trip Reduction GCA3661 July 1, 2003 June 30, 2005 $39,279 Imple This Agreement is made and entered into this 1st day of July, 2003, between the Washington State Department of Transportation, acting by and through its Secretary of Transportation, (hereinafter called "WSDOT and City of Tukwila (hereinafter referred to as "Contractor and said parties WITNESS THAT: WHEREAS, RCW 70.94.521 through 70.94.551 requires cities, counties and towns containing "major employers," in counties with populations over 150,000, to develop ordinances, plans and programs to reduce Vehicle Miles Traveled (VMT) and Single Occupant Vehicle (SOV) commute trips, and thereby reduce vehicle related air pollution, traffic congestion and energy use; 'WHEREAS, RCW 70.94.541 (2) provides for technical assistance to counties, cities, and towns in developing and implementing Commute Trip Reduction (CTR) plans and programs; WHEREAS, RCW 70.94.544 provides for distribution of funds for local CTR implementation efforts; WHEREAS, WSDOT desires to achieve trip reduction in order to improve the efficiency of the state transportation system and the quality of life for citizens of the State of Washington; WHEREAS, the Washington State Legislature's delay in approving continued funding for the CTR program requires this contract to be effective retroactive to July 1, 2003 to preserve continuity of program funding. NOW, THEREFORE, in consideration of covenants, conditions, performances and promises" herein contained, the parties agree to the following terms and conditions: Section 1 Purpose of Agreement The purpose of this Agreement is for WSDOT to provide funding to the Contractor to be used solely for activities undertaken to fulfill the requirements of RCW 70.94.521, et. seq, and to implement tasks as described in Exhibit II, Scope of Work. This Agreement consists of the terms and conditions, and Exhibits I, II and III, which by this reference are incorporated herein. Section 2 Scope of Work The Contractor and WSDOT will perform all their designated tasks under this Agreement as described in Exhibit II, Scope of Work. Section 3 Time for Beginning and Completion The work to be performed under this Agreement shall commence July 1, 2003, and tenninate on June 30, 2005, unless terminated sooner as provided herein. Section 4 Reimbursement and Payment WSDOT shall reimburse the Contractor for eligible expenditures not to exceed S39,279 during the first fiscal year of the contract period. The maximum amount of funding for the Contractor was determined using the methodology contained in Exhibit I, Funding Allocation Methodology. WSDOT will reimburse the Contractor only for actual and eligible direct project costs. Payment will be made on a reimbursable basis Payment is subject to the submission to and approval by WSDOT of properly prepared invoices accompanied by progress reports and financial summaries. The Contractor shall submit an invoice (state form A -19) or WSDOT approved invoice format to WSDOT in order to receive reimbursement. The Contractor shall submit invoices up to 4 times per fiscal year, or up to eight times during the course of this contract. The Contractor shall submit a final invoice to WSDOT no later than July 15, 2005. Any payment request received after July 15, 2005 or fifteen (15) days of the termination date, whichever is applicable, will not be eligible for reimbursement,. Within thirty (30) days after receiving the invoice and upon approval, WSDOT shall remit to the Contractor a warrant for payment. All invoices and warrants shall be based on and paid on actual work performed and actual costs incurred up to the maximum amount identified in this Agreement. Section 5 Project Records The Contractor agrees to establish and maintain for the project either a separate set of accounts or accounts within the framework of an established accounting system, in order to sufficiently and properly reflect all eligible direct and indirect project costs claimed to have been incurred in the performance of this Agreement. Such accounts are referred to herein collectively as the "Project Account". All costs claimed against the Project Account must be supported by properly executed payrolls, time records, invoices, contracts, and payment vouchers evidencing in proper detail the nature and propriety of the charges. Section 6 Progress Reports The Contractor shall submit to WSDOT progress reports as described in Exhibit II, Scope of Work, so that WSDOT may adequately and accurately assess the progress made by the Contractor and third parties to this Agreement in implementing RCW 70.94.521 et. seq. These reports shall be submitted to WSDOT along with any request for reimbursement submitted pursuant to Section 4, Reimbursement and Payment. Page 2 GCA3661 Section 7 Audits, Inspections, and Records Retention WSDOT, the State Auditor, and any of their representatives shall have full access to and the right to examine, during normal business hours and as often as they deem necessary, all of the Contractor's records with respect to all matters covered by this Agreement. 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 other matters covered by this Agreement. In order to facilitate any audits and inspections, the Contractor shall retain all documents, papers, accounting records, and other materials pertaining to this Agreement for six years from the date of completion of the project or the project final payment date. However, in case of audit or litigation extending past that six years period, then the Contractor must retain all records until the audit or litigation is completed. The Contractor shall be responsible to assure that it, WSDOT, the State Auditor, and any of their representatives, retain comparable audit rights with respect to subcontractors to the Contractor within the scope of this Agreement. Section 8 Agreement Modifications 1. Either party may request changes to this Agreement, including changes in the Scope of Work. Such changes that are mutually agreed upon shall be incorporated as written amendments to the Agreement. No variation or alteration of the terms of this Agreement shall be valid unless made in writing and signed by authorized representatives of the parties hereto. 2. Any additional funding secured by WSDOT beyond the amount identified in Section 4, Reimbursement and Payment will be allocated to the Contractor for the period July 1, 2004 to June 30, 2005 in accordance with the methodology described in Sections 1 and 2 of Exhibit I, Funding Allocation Methodology. If an increase in funding by the funding source augments the Contractor's allocation of funding under this Agreement, the Contractor and WSDOT agree to enter into an amendment to this Agreement providing for an appropriate change in the Scope of Work and/or the project amount in order to reflect any such increase in funding. 3. If a reduction of funding by the funding source reduces the Contractor's allocation of funding under this Agreement, the Contractor and WSDOT agree to enter into an amendment to this Agreement providing for an appropriate change in the Scope of Work and/or the project amount in order to reflect any such reduction of funding. Section 9 Recapture Provision In the event that the Contractor fails to expend state funds in accordance with state law and/or the provisions of this Agreement, WSDOT reserves the right to recapture state funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for a period not to exceed three (3) years following termination of the Agreement. Repayment by the Contractor of state funds under this recapture provision shall occur within thirty (30) days of demand. Page 3 GCA3661 Section 10 Disputes Any disputes between WSDOT and the Contractor with regard to this Agreement that are not disposed of by the project administrators assigned to supervise this Agreement shall be referred for determination to the Secretary of WSDOT, or his/her designee, as a condition precedent to the commencement of any legal action, accept as necessary to avoid the preclusive effects of any applicable contractual deadlines or statutes of limitation. Section 11 Termination WSDOT, at its sole discretion, may suspend or terminate this Agreement in whole, or in part, for the following reasons: 1. The Contractor materially breaches, or fails to perform any of the requirements of, this Agreement, and after fourteen (14) days written notice, has failed to cure the condition(s) causing that breach; The Contractor materially breaches and, fails to remedy after fourteen (14) days written notice. Conditions of breach may include, but not be limited to: Any action of the Contractor, which under the procedures of this Agreement would have required the approval of WSDOT, taken without such WSDOT approval; Failure to perform in the manner called for in this Agreement; and Failure to comply with any provision of this Agreement. 2. The Contractor is prevented from proceeding with the Project by reason of a temporary preliminary, special, or permanent restraining order or injunction of a court of competent jurisdiction where the issuance of such order or injunction is primarily caused by the acts or omissions of persons or agencies other than the Contractor; 3. The requisite state funding is reduced or becomes unavailable through failure of appropriation or otherwise; 4. WSDOT determines that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds; 5. WSDOT, at its sole discretion, determines to accept a request made in writing by the Contractor to terminate the Agreement in whole or in part; or 6. WSDOT determines that suspension or termination is in the best interests of the state. If this Agreement is terminated under subsections 2, 3, 4, 5, and/or 6 of this Section, then the Contractor may be reimbursed only for actual and eligible direct expenses under this Agreement incurred prior to the date of termination, and then only to the extent of appropriated funds. If this Agreement is terminated under subsection 1 of this Section, then WSDOT shall not be obligated to provide any additional reimbursement past the effective date of that termination and WSDOT shall also retain all rights to seek recapture or damages from the Contractor. If an appropriate judicial authority determines that the Agreement was improperly terminated under subsection 1 of this Section, then the termination shall be deemed a termination under subsection 6 of this Section with all attendant rights and limitations. Page 4 GCA3661 Section 12 Forbearance by WSDOT Not a Waiver Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. Section 13 Waiver In no event shall any WSDOT payment of grant funds to the Contractor constitute or be construed as a waiver by WSDOT of any Contractor breach, or default which and shall in no way impair or prejudice any right or remedy available to WSDOT with respect to any breach or default. Section 14 Independent Contractor The Contractor shall be deemed an independent Contractor for all purposes, and the employees of the Contractor or any of its subcontractors and the employees thereof, shall not in any manner be deemed to be employees of WSDOT. Section 15 WSDOT Advice The Contractor bears complete responsibility for the administration and success of the Project as it is defined by this Agreement and any amendments thereto. Although the Contractor is allowed to seek the advice of WSDOT on problems that may arise, the offering of WSDOT advice shall not shift the responsibility of the Contractor for the correct administration and success of the Project, and WSDOT shall not be held liable for offering advice to the Contractor. Section 16 Limitation of Liability and Indemnification No liability shall be attached to WSDOT or the Contractor by reason of entering into this Agreement except as expressly provided herein. This Agreement is not intended to benefit any third party. The Contractor shall indemnify and hold WSDOT, its agents, employees, and/or officers harmless from, and shall process and defend at its own expense, any and all claims, demands, suits, penalties, losses, damages, or costs of whatsoever kind or nature (hereafter "claims brought against WSDOT arising out of or incident to the execution, performance or failure to perform of or under this Agreement; provided, however, that if such claims are caused by or result from the concurrent negligence of (a) the Contractor, its agents, employees, and/or officers and (b) WSDOT, its agents, employees, and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Contractor, its agents, employees, and/or officers; and provided further that nothing herein shall require the Contractor to hold harmless or defend WSDOT, its agents, employees, and/or officers from any claims arising from the sole negligence of WSDOT, its agents, employees, and/or officers. Page 5 GCA3661 Section 17 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, or those of its officers, agents or employees, and agrees to save, indemnify, defend, and hold harmless the other party from such liability. Each contract for service or activities utilizing funds provided in whole or part by this Agreement shall include a provision that WSDOT and the State of Washington are not liable for damage or claims for damages arising from any city, town, designee or subcontractor's performance or activities under the terms of those contracts. Section 18 Governing Law, Venue, and Process This Agreement shall be construed and enforced in accordance with, and the validity and performance thereof shall be governed by the laws of the State of Washington. In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the parties hereto agree that any such action shall be initiated in the Superior Court of the State of Washington situated in Thurston County. The Contractor hereby accepts service of process by registered mail consistent with RCW 4.28.080(1). Each party shall bear its own legal costs and expenses, including attorney fees, in any such litigation. The parties may bilaterally elect to submit their dispute to mediation or arbitration on such terms as are agreed upon by the parties. Section 19 Compliance with Laws and Regulations The Contractor agrees to abide by all applicable state and federal laws and regulations, including, but not limited to, those concerning employment, equal opportunity employment, nondiscrimination assurances, project record keeping necessary to evidence agreement compliance, and retention of all such records. The Contractor will adhere to all of the nondiscrimination provisions in Chapter 49.60 RCW. The Contractor will also comply with the Americans with Disabilities Act (ADA), Public Law 101 -336, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment public accommodations, state and local government services and telecommunication. Section 20 Section Headings All section headings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. Section 21 Severability If any covenant or provision of this Agreement shall be adjudged void, such adjudication shall not affect the validity or obligation of performance of any other covenant or provision, or part thereof, that in itself is valid if such remainder conforms to the terms and requirements of applicable law and the intent of this Agreement. No controversy concerning any covenant or provision shall delay the performance of any other covenant or provision except as herein allowed. Page 6 GCA3661 Section 22 Execution and Acceptance This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Contractor does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements and their supporting materials contained and/or mentioned herein, and does hereby accept State funds and agrees to all of the terms and conditions thereof. Section 23 Execution This Agreement is executed by the Director of the Public Transportation and Rail Division, State of Washington, Department of Transportation or the Director's designee, not as an individual incurring personal obligation and liability, but solely by, for, and on behalf of the State of Washington, Department of Transportation, in his/her capacity as Director of the Public Transportation and Rail Division. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. STATE OF WASHINGTON CONTRACTOR DEPARTMENT OF TRANSPORTATION By: By: Judith Giniger, Director Print Name: Public Transportation and Rail Division Title: Who certifies proper authority to execute this agreement on behalf of the Contractor Date: Date: Approved as to form by: Jeanne A. Cushman Assistant Attorney General Counsel to WSDOT Date: July 30, 2003 Page 7 GCA3661 Exhibit I Funding Allocation Methodology Funding allocated by WSDOT for local implementation of CTR activities is based on the following formula. 1. Each county is provided 1,200 per affected worksite as a base allocation to ensure sufficient funding to meet jurisdiction obligations pursuant to RCW.70.94.521 -551. The number of affected worksites in each county shall be based on information contained in WSDOT database as of May 1 of each year. 2. The remaining funding will be allocated based on the number of commute trips reduced per day in each county between each worksite's base year survey and its most recent survey, provided that every county receives at least 580,000 per year. For the period July 1, 2003 through June 30, 2004, the most recent survey period will be 2001. For the period July 1, 2004 through June 30, 2005, the most recent survey period will be 2003. July 1, 2003 -June 30, 2004 Allocation Trips Number Reduced/ of Sites Day County Benton Clark 47 1 654 Ring 552 1 11,575 Kitsan 32 1 0 Pierce 83 1 4,278 Snohomish 84 1 1,050 Spokane 99 1 2,255 Thurston 65 1 579 Whatcom 23 1 329 Yakima 20 1 304 TOTAL 1,005 1 21,024 Worksite Base Allocation 1 $56,4001 $662,4001 $38,4001 $99,60(4 $100,8001 5118,8001 $78,0001 $27,60(4 $24,00(4 51,206,000 Additional to Achieve Performance $80,00 Allocation Floor 1 $20,2661 $280,2701 $01 $103,5851 325,4241 $54,6011 $14,0201 $10,1951 $9,4201 $517,7811 Total Allocation I $50,00C, $3,3341 $80,0001 1 $942,670 $41,6001 $80,000.00 $203,185 1 3126,2241 1 $173,401 1 592,0201 $42 2051 580,0001 $46,5801 $80,0001 5133,7191 $1,907,500.001 Any distribution of funds to jurisdictions within a county shall be done on the basis of the number of affected worksites in each jurisdiction. For example, if there are two jurisdictions in a county, each with fifty percent of the total number of affected worksites in the county, any division of funds within the county should provide each of the two jurisdictions with fifty percent of the total county funding allocation. Page 8 GCA3661 CONTRACTOR TASKS EXHIBIT II SCOPE OF WORK Implementation of Commute Trip Reduction (CTR) Plans and Program 1. General Administration The Contractor will administer a Commute Trip Reduction (CTR) ordinance and implement a CTR program for major employers as required by RCW 70.94.521 et. seq. 2. Funding Distribution and Reporting The Contractor may distribute funds to affected jurisdictions, or their designees, within the county implementing CTR plans and ordinances as required by RCW 70.94.544 by entering into agreement as appropriate with other jurisdictions, Local transit agencies, regional transportation planning organizations, or other organizations. The Contractor shall submit to WSDOT a list of dollar amounts to be disbursed by the Contractor to local jurisdiction(s,) local transit agencies, regional transportation planning organizations, or independent contractors, or a fund dispersion methodology within thirty (30) days of approval of any agreements between the Contractor and other parties. 3. Implementation Plans The Contractor, the affected jurisdictions, or its designee, shall implement all of the provisions listed below. The Contractor shall include all of these provisions in interlocal agreements with other jurisdictions, local transit agencies, regional transportation planning organizations, or other organizations, as necessary, to coordinate the development, implementation, and administration of CTR plans and ordinances. 3.1 Appeals, Exemptions, and Modifications Maintain an appeals process. This process must be consistent with RCW 70.94.534(6) and procedures contained in the Commute Trip Reduction Task Force Guidelines. The Contractor, or their designees, will submit requests for exemptions or modifications, including requests for goal modifications, to WSDOT for review and comment within five (5) days of receiving such requests, and shall allow WSDOT five (5) working days to provide comments prior to approving or denying the request. 3.2 Survey Processing Notify WSDOT prior to sending any surveys to the University of Washington, Office of Educational Assessment for processing. The notification must include the name of the worksite, employer identification code, and type of survey for each survey being submitted for processing. The notification shall be submitted as an electronic spreadsheet via electronic mail. The Contractor agrees to wait for confirmation from WSDOT prior to sending or delivering the surveys for processing. Page 9 GCA3661 3.3 Database Updates Provide WSDOT with updated lists of affected worksites and jurisdiction contacts on a quarterly basis. These updates will be submitted electronically in a format specified by WSDOT. 3.4 Employer Annual Reports Within 30 days from the date of approval, submit to WSDOT one electronic or hard copy of any approved employer annual reports. 3.5 Employer Exemptions and Goal Modifications Within 30 days from the date of approval, submit to WSDOT the name and employer identification code for any worksite that has been granted an exemption or goal modification. Include information about the duration of all exemptions and information on the type of goal modification granted. 3.6 Progress Report and Invoice Submit to WSDOT periodic progress reports, as detailed in Exhibit III, along with any invoice or request for reimbursement. WSDOT TASKS 1. General Technical Assistance WSDOT will provide support to the Contractor, or their designees, in developing and implementing CTR plans and programs, including providing training, informational materials, and assistance in CTR evaluation. WSDOT will also assist with overall CTR marketing and promotion on a statewide basis. 2. Exemptions and Modifications WSDOT will review and comment on employer requests for waivers and modifications, including requests for goal modifications, within five (5) working days. Failure to review and comment on such requests within five (5) working days shall be considered a forfeiture of the right to comment on the request. 3. Database Management WSDOT will maintain a current database of all affected worksites in Washington State. WSDOT will input new and/or updated worksite information within fifteen (15) working days of receipt from local jurisdictions. WSDOT will employ an internal verification process to ensure all new and/or updated information is input in a timely and accurate manner. Information from the WSDOT database will be used to determine funding allocation consistent with the methodology contained in Exhibit I, Funding Allocation Methodology. 4. Training WSDOT will develop and maintain employer and jurisdictions training materials to support local implementation of the CTR program Page 10 GCA3661 5. Public Awareness WSDOT will develop and implement statewide public awareness and recognition programs to support local implementation of the CTR program in affected jurisdictions. 6. Annual Reporting Assistance WSDOT will distribute in sufficient quantities the State "Program Description Employer Annual Report" form to the Contractor, affected jurisdiction, or its designee, as requested. WSDOT will also maintain an internet -based annual report system, and will provide information and ongoing technical assistance to employers and jurisdictions using the system. 7. Survey Assistance WSDOT will: 7.1 Provide the Contractor, or their designees, with summary survey information as requested. 7.2 Distribute the Employee Questionnaires in sufficient numbers to the Contractor, or its designees, as requested. 7.3 Maintain an internet -based survey tool, and provide information and ongoing technical assistance to employers and jurisdictions using the system. 7.4 Provide survey processing at no cost to the Contractor, or their designees, and affected employers, during the base year and all subsequent surveys required by the Contractor. 7.5 Provide technical assistance to the Contractor, or their designees, and employers, on surveying, as requested. 7.6 Work with the Contractor, or their designees, to calculate goal measurement information and track measurement survey history for all CTR affected worksites. 7.7 Return the processed Employee Questionnaires and survey reports to the Contractor, or their designees, within thirty (30) days of the date the forms are delivered for processing. 7.8 Maintain and periodically update the "CTR Guide for Employer Surveys." WSDOT will review survey guide /instructional materials developed by the Contractor or its designees for consistency with the state developed "CTR Guide for Employer Surveys." 7.9 Review all electronically submitted survey notifications and respond to the Contractor within five (5) working days. Page 11 GCA3661 Exhibit III Progress Report Format Name of the Organization Submitting Report: Submitted on behalf of following Jurisdiction(s): Contact Name: Contact Phone and Fax Number: Contact E -mail: 1. CTR Activities A brief summary of activities undertaken during the period for which reimbursement is requested. 2. State CTR Funds Disbursed Disbursed Total Disbursed Jurisdiction Since Last Report Fiscal Year to Date Jurisdiction A I$ IS Jurisdiction B IS IS (etc) 1 I I I I f Total Disbursement IS IS Page 12 GCA3661 3. Expenditures This Period List actual total expenditures on the last line of the following table. Estimate expenditures by category as indicated. Local Fiscal Year Other Fiscal Year Funds to Date Funds to Date State CTR Fiscal Year Spent on Local Spent on Other Funds To Date CTR Funds CTR Funds Spent State CTR Activities Spent on Activities Spent on Since Last Funds Since Last CTR Since Last CTR Categories Report Spent Report Activities Report Activities Required Activities, including: 1. Notification of New Worksites 2. Administering CTR Surveys 3. Employer Annual Report Review 4. Exemptions and Modifications 5. Record Maintenance 6. Enforcement Employer Service Activities Employer Training IS 13 13 IS 13 13 Incentives 13 13 13 13 13 13 Promotion and I$ .1 I I I I Marketing Guaranteed Ride I I I IS S IS Home Other(Specify) 13 13 13 IS 13 13 Totals 1$ 1$ 1$ Is Is Is 4. Jurisdiction(s) Contact Names, Address, and Phone Numbers Jurisdiction A John Who City of X PO Box 1234 X, WA 98000 Phone (206) 999 -9999 5. List of contact information for affected worksites in the Jurisdiction. The information will be submitted in the electronic format approved by WSDOT. 6. Employer Annual Reports Approved During This Period Provide the name and worksite identification number for all employer annual reports approved during this period. Attach a hard copy or electronic (disc) copy of any employer annual reports approved by the jurisdiction during the quarter. If the jurisdiction approved employer annual reports submitted via WSDOT's web -based reporting system, indicate the name and worksite identification number for each worksite report approved. Page 13 GCA3661 7. Employer Exemptions and Goal Modifications Granted During This Period Provide the name and worksite identification number for any worksite that has been granted an exemption or goal modification during this period. Include information about the duration of all exemptions and information on the type of goal modification granted. Page 14 GCA3661 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 aouroving new street name. I 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 CITY OF TUKWILA TALKING POINTS REV 9/15.3 KK New Formal lo Match New -04 State CTR Funds 51200 per shake' Required Activities S 27,600 5507.75 per site for Employer Services S 11,878 TOTAL FUNDS AVAILABLE ($1707.74Isite) S 39,278 23 CTR SERVICES CONTRACT (NOTES Required Activities $ 192 New site notification, change in site status such as 12 -month watch. Assumes 2 sites for this year? ?? New Site Notification / Site status change Ongoing coordination of conlact information and survey schedules with Data Management $ 4,987 employers and WSDOT, compilation / distribution of aggregate survey data as requested, periodic survey processes and oversight of online survey process (portion of DB coordinator lime b Program Review S 8,832 Remind employers of submittal deadlines, monitor program report receipt, reulew revised programs lot sites that did not make progress and evaluate potential for progress toward SOV reduction and make recommendation to City, review program reports for comp . Assumes City has the responsibility for informing new sites about criteria Exemptions, Modifications and Compliance Issues S - and process, for receiving requests, for copying request to Stale for comment, for review and analysis of request, for sanding response to employer and for providing documenlalion Records Maintenance f 3,312 Includes maintenance of master tiles and quarterly report processes (3 hrs per site) Total Required Activities - lo be billed as a fixed amount per quarler S 17,323 5753.18 boners per sile for required activities Employer Service 1. Employer Training S - Covered under separate letter of agreement 2. Incentives S - Not Included Employee awareness campaigns and transportallon events (Rideshare 3. Promotions & Marketing f 2 016 Week and Relax Campaign - 2 hrs/site/year). Assumes three Boeing Company sites are treated as one. (REVISED 9/15/03 KK) 4. Other: Program Development S 384 Additional work in program development with new sites (Assumes 1 sites this year?) Identify continuing partnership potential for joint funded projects, provide Program hnpfemenlation S 2,256 information about Kung County Metro services, respond lo employer requests, assist with up to three on -site employer events Total Employer Service S 4,656 5202.43 Dollars per site for employer service CONTRACT TOTAL S 21,979 5955.81 DWlan per sits local Inc CTR rnnaacl. 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. 4th General Election Day 1 l th Veterans Day (City offices closed) 27th 28th Thanksgiving break (City offices closed) Dec. 25th Christmas Day (City offices closed) 1st New Years Day (City offices closed) 19th— M.L. King Day (City offices closed) Tentative Agenda Schedule 1 5 8 Public Hearing: Reallocation of Recaptured CDBG Funds (for housing assessment planning project) 12 17 SEE AGENDA PACKET FOR THIS WEEK'S AGENDA. 15 Special Presentation: Key Customer Service Update (Rob Larsen) 20 (Tues) 24 22 29 5TH MONDAY OF THE MONTH; no Council Mfg scheduled 26 Weekly Meeting Community Events Calendar Informatlgti ➢Transportation, 5 I'M 4-Tukwila Citizen Patrol, 7 PM >City Council COW, 7 PM 17 M6t± a 1.15 r 4tes, i14 :•Wed,_ ➢Finance Safety, ➢Utilities, >Parks Cmsn, 5:30 PM 5 PM 5:15 PM >City Council Regular Mtg., 7 PM NOVEMBER -Community Event cc pf gee Ctty Clerk; Jalte E. Cantu, CMC, City Clerk; Bob' Baker,'CMC, Deputy City Clerk )Comm. 4-Tukwila Affairs Community Parks, Cares 5:15 PM Network, 9 AM 2U 1'Itursday 21i. Friday 7,2 ?.Sat 1 Sun +Domestic Violence Task Force, Noon 4-Apt Mgrs' Network, 11:30 AM >Joint Planning Cmsn/City Council work session TCC 5 PM for TUC/ TOD, (RESCHEDULED FROM 10/16) Thanksgiving, City Hall Closed I gEg9- 4.At.�I %31. Day After Thanksgiving, City Hall Closed ttaAV. S: Arts Commission (1st Tue), 5 PM, TCC, contact Nancy Kennedy/Bruce Fletcher 206 767 -2342. City Council Committee of Whole (COW) Meeting (2nd 4th Mon). 7 PM. Council Chambers. S. City Council Regular Meeting (1st 3rd Mon), 7 PM. Council Chambers. Community Affairs Parks Cmte (2nd 4th Tues), 5:15 PM, Conf Rm #3. Finance Safety Cmte (1st 3rd Mon), 5 PM. Conf Rm #3; (Mon., 11/17/03 Mtg.: I) Non Represented Salary Study; 2) Review of 2004 Proposed Budget). Transportation Cmte (2nd 4th Mon), 5 PM. 6300 Southcenter Blvd. Conf Rm #1. Utilities Cmte (1st 3rd Tues), 5:15 pm. 6300 Southcenter Blvd. Conf Rm #1 (Tues., 11/18/03 Mtg.: a) 303 Facilities Fund Status Update; b) Consultant Agreement for Final Design of Fort Dent Park Drainage Improvements; c) Consultant Agreement for Final Design ofStrander Blvd. Drainage Project; d) Consultant Agreement Addendum for Final Design of Allentown Phase 2 Project; e) Consultant Agreement Addendum for Final Design of Foster Point Neighborhood Revitalization Project; ,i Utility Rate Comparisons for Water Sewer; and g) Utility Rate Comparisons for Surface Water). Civil Service Commission (2nd Mon), 5 PM. Conf Rm #3 contact Bev Willison 206 433 -1844. Community Oriented Policing Citizens Advisory Board (COPCAB) (2nd Wed), 6:30 PM. Conf Rm #5, contact Marja Murray 206 433 -7175. Equity Diversity Cmsn (1st Th), 5:15 PM. Showalter Middle School Library, call Lucy Lauterbach 206 -433 -1834. S. Human Services Adv. Brd (every other 2nd Fri).. 10 AM. Human Srvcs Conf Rm, call Evie Boykan 206 433 -7180. Human Services Providers.. 11:30 AM: 3/21.6/20.9/19. 12/5 (tentative). TCC, call Evie Boykan 206 -433 -7180. Parks Commission (3rd Wed).. 5:30 PM. TCC Sr. Game Rm- contact Nancy Kennedy/Bruce Fletcher 206 767 -2342. Planning Commission/Board of Architectural Review (Public Hrg on 4th Th; Nov Dec 2nd Th), 7 4 Council Chambers. contact Wvnetta Bivens 206 431 -3670. 4- Apartment Mgrs' Network Lunch (3rd Wed), 11:30 AM. (brine own lunch), TCC, contact Robbie Burns 206 242 -8084. 4- Chamber of Commerce, Tukwila Community Affairs "Chamber Luncheon" (1st Tue), Noon, Chamber Offices contact Nancy Damon 206 -575 -1633. 4- Chipper Days, sponsored by the Washington State Dept. of Agriculture, (3rd Sat), 10 AM, Foster HS Main Parking Lot. Chipper Days help you dispose of prunings and other plant materials that can't be removed from the Longhomed Beetle quarantine area. Drive your truckload of materials to the parking lot and we'll help unload, chip, and dispose of it free of charge. Be sure to bring ID w /quarantine area address. Domestic Violence Task Force (3rd Th), Noon -1:30 PM. Conf Rm #5. contact Evie Boykan 206 433 -7180 or Keith Haines 206 433 -1827. 4 Hwy 99 Action Cmte (2nd Tue), 7 PM. TCC, contact Keith Haines 206- 433 -1827. Tukwila Citizen Patrol (4th Mon), 7 PM. TCC, contact Everett Parr 206 762- 9219/Roy Steinauer 206 243 -9191, email: Tukcp®hotmail.com. -9- Tukwila Community Cares Network (4th Wed), 9 AM. Suite 212 Conf Room, contact Michael Silver 206 901 -8000.