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A. Newly Affected Employer. The first annual report submitted by a newly affected employer shall be accepted by the city as long as it addresses necessary baseline information and all required elements.

B. Review and Evaluation. The city’s review and evaluation shall address the employer’s good faith efforts toward meeting the CTR goals. Programs may be deemed acceptable or unacceptable based on the employer’s progress in reducing commute trips, as measured by reduction in SOV trips or reduction in average VMT. The employer shall provide adequate information and documentation of program implementation when required by the city.

C. Document Review. Within 90 days of the date the city receives an employer’s annual report, the city shall provide the employer with written notification of whether a CTR program is deemed acceptable or unacceptable. If the CTR program is deemed unacceptable, the notification must give cause for the rejection. The city may extend the review period up to 90 days. If the review period is extended, the implementation date for the employer’s CTR program shall be extended an equivalent number of days.

D. Review Criteria. The city shall use the following criteria to determine whether an affected employer shall be required to make modifications to its CTR program.

1. If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this chapter, and meets or exceeds either the applicable SOV or VMT reduction goal, the employer has satisfied the objectives of this chapter, and will not be required to modify its CTR program.

2. If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this chapter, but fails to meet both the applicable SOV and VMT reduction goals, the city shall work collaboratively with the employer to implement program modifications likely to result in improvements to the program over an agreed upon length of time.

3. If an employer fails to make a good faith effort, as defined in RCW 70.94.534(2) and this chapter, and fails to meet both the applicable SOV and VMT reduction goals, the city shall work collaboratively with the employer to identify modifications to the CTR program and shall direct the employer to revise its program accordingly and submit the revised program to the city within 30 days.

E. Request for Conference. Within 10 days of receipt of written notice for an unacceptable CTR program, the city or employer may request a conference to discuss the city’s decision. This conference shall be scheduled during city official hours.

F. Implementation of CTR Program Modifications. If the city proposes modifications to an affected employer’s CTR program due to the CTR program’s unacceptability, the affected employer shall have 30 days to submit a revised CTR program that includes the proposed or other mutually agreed modifications.

G. Employer Intent to Modify. The employer shall notify the city in writing of its intent to substantially change or modify its approved program. Within 30 days, the city shall review the request. If found unacceptable, the city shall work collaboratively with the employer to design program modifications likely to result in improvements to the program over an agreed upon length of time.

H. Leadership Certificate. Employers who meet at least one goal will receive a CTR certificate of leadership from the city. (Ord. 1215 § 2 (Exh. A), 2011).