The Boeing Company 3/6/2019 - Laserfiche WebLink

e. Applicant may contract with the City for the installation, repair, or maintenance of any part of the Direct Count System. City, in its sole discretion, may provide the aforementioned services. Any and all services provided by the City are at the Applicant's sole cost. City will invoice Applicant for such costs. f. Applicant must pay all invoices received for services rendered pursuant to this Agreement within thirty (30) days of the date of the invoice. Services rendered includes, without limitation, invoices issued for Applicant's purchase of Direct Count System equipment. 6) DATA COLLECTION. a. Applicant will transmit traffic volume data recorded by the Direct Count System electronically to a City server at least once per week. Applicant will be solely responsible for transmitting the traffic volume data in a timely manner. The Applicant may contract with the City to provide this service. The City, in its sole discretion, may choose or decline to provide such service. The City will invoice Applicant for any and all costs incurred by the City to transmit or receive transmittal of the traffic volume data. Traffic volume data is the tabulation of the inbound and outbound vehicle trips at all of the main Boeing Everett site access driveways. b. The City will generally collect traffic volume data on a weekly basis. At Applicant's request, the City will provide weekly traffic reports as shown in Figures 12 and 14 of the Methodology Document. Exhibit D is the Methodology Document, which, by reference, is incorporated herein in its entirety. c. The City and Applicant will review the traffic volume data periodically. Any data determined by the City to be inaccurate will be excluded from reporting requirements. 7) REPORTING. Applicant will provide the City a written report by March 1s`of each year. The City may, in its sole discretion, require certain data or other information necessary to determine compliance with the Decision Document be included in the report. After the first reporting year, the annual reporting cycle will be normalized to a calendar year ending on December 31st. 8) TRAFFIC MITIGATION FEES. At the end of each reporting cycle, the City will review Applicant's report. If the City determines, based on its review of the report, that PM peak trips generated at the Site exceed the baseline trips already mitigated for, then Applicant will pay an additional traffic mitigation fee in accordance with chapter 18.40 of the Everett Municipal Code (Ordinance No. 3387-14 as amended) as it is in effect at the time of the City's determination. If there is a subarea plan in effect at this Site at the time of the City's determination, such subarea plan will govern the traffic mitigation fee. The baseline will then be adjusted to reflect the volume increase mitigated through fee payment for future reporting periods. Each new baseline will be tracked by the Applicant and the City. 141237844.1