§ 8-29.4. Applicability.

a.

This section applies to all public and private employers not located within the jurisdiction of centers with fifty (50) or more employees at a work site. For purposes of determining the applicability of this section, the number of employees at a work site is determined as the maximum number of employees reporting to that work site on any single week day Monday through Friday during the current calendar or fiscal year.

b.

This section applies to all public and private centers with fifty (50) or more employees working at work sites within the center. Centers will consider all employees of all employers with more than five (5) employees located within their jurisdiction to be part of the center's work site for purposes of registering, developing Employer Trip Reduction Programs, submitting Employer Trip Reduction Plans, meeting performance objectives, meeting Employee Transportation Survey requirements, and determining the number of employees. The number of employees at a work site is determined as the maximum number of employees reporting to that work site on any single week day Monday through Friday during the current calendar or fiscal year.

c.

This section applies to each individual public and private employer with more than five (5) employees located within centers. Individual employers within centers are responsible for the following:

1.

Providing all of the required information to fulfill the registration and record keeping requirements to the Employee Transportation Coordinator (ETC) or Employee Program Manager (EPM) of the center;

2.

Providing all employees with notification materials and program information as distributed by the Center;

3.

Participating in employee transportation surveys and Employer Trip Reduction Programs as conducted by the center and achieving a minimum return rate as established by the TSM Committee;

4.

In the event that a center does not meet the performance objectives as a whole, then all employers with more than five (5) employees within such a center will be required to appoint an Employer Program Manager who will submit to the TSM Committee a letter authorizing knowledge and compliance with the center's Employer Trip Reduction Plan.

5.

Applicability for employers of fifty (50) or more employees located within centers. In addition to fulfilling all of the conditions above in subsection 8-29.4(c), employers with fifty (50) or more employees arriving during the peak period located within centers are required, to enter into a Cooperation Agreement as defined in subsection 8-29.1 (Definitions) and report directly to the ETC or EPM of the center;

6.

Any employer of fifty (50) or more employees within a center which has not met the performance objectives will report directly to the TSM Committee all of the information required to fulfill all of this section within ninety (90) days of determination that the center has not met the performance objectives. If the employer cannot show that as an individual employer they have met the performance objectives then the individual employer will be responsible for submitting a Employer Trip Reduction Plan for their worksite pursuant to the requirements in subsection 8-29.15.

(Ord. No. 2670 N.S. § 2)