HomeMy WebLinkAboutR-1996-012 Commute Trip ReductionRESOLUTION NO. R-96- 12
A RESOLUTION authorizing and directing the City Manager and the City
Clerk of the City of Yakima to execute a Contractual
Agreement with Yakima County for commute trip
reduction planning.
WHEREAS, the City is required by RCW 70.94.521-70.94.551 to
implement a plan to reduce commute trips to major employer's worksites
within its jurisdiction; and
WHEREAS, Yakima County is receiving funds from the State of
Washington, a part of which are available for distribution to the City upon
execution of an Interlocal Agreement for commute trip reduction planning;
and
WHEREAS, both the commute trip reduction plan and the Interlocal
Agreement by which fund distribution is made are in the City's best interest,
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk of the City of Yakima are hereby
authorized and directed to execute the attached Interlocal Agreement for
commute trip reduction planning, which is incorporated by this reference.
ADOPTED BY THE CITY COUNCIL THIS a 3- day of
,1996.
ATTEST:
City Clerk
INTERLOCAL AGREEMENT FOR COMMUTE TRIP REDUCTION
PLANNING - MUNICIPAL
THIS AGREEMENT by and between Yakima County (hereinafter referred to as
the COUNTY) and the City of Yakima, a municipal corporation under the laws of
the State of Washington (hereinafter referred to as the MUNICIPALITY),
WITNESSES THAT:
WHEREAS, the Interlocal Cooperation Act (RCW 39.34) permits any two or
more public agencies to enter into agreements for joint or cooperative
action; and
WHEREAS, the COUNTY is receiving funds from the Washington State Energy
Office (hereinafter referred to as WSEO) pursuant to Contract Number 96-13-03
between WSEO and the COUNTY and the Transportation Demand Management Act,
Laws of 1991, Ch. 202; RCW 70.94.521 et seq.; and
WHEREAS, pursuant to the Transportation Demand Management Act the
COUNTY shall allocate to the MUNICIPALITY a share of the funds which the
state is disbursing to the COUNTY;
THE PARTI'ES AGREE AS FOLLOWS:
SECTION 1. Purpose.
This Agreement will allow the transfer of state planning funds from the
COUNTY to the MUNICIPALITY for trip reduction planning services required by
the Transportation Demand Management Act.
SECTION 2. Scope of Work.
As defined in Schedule B attached hereto. In addition, the MUNICIPALITY
shall cooperate with the COUNTY and provide the COUNTY with all information
required to be reported by the COUNTY to the Washington State Energy Office.
SECTION 3. Time of Performance.
The MUNICIPALITY is to complete the work required by this Agreement
within the time constraints established by the Transportation Demand
Management Act.
SECTION 4. Funding.
Total funds to be paid to the MUNICIPALITY for services under this
Agreement shall be in accordance with the CTR Fund Disbursement Schedule as
shown in Schedule A. Funding under this Agreement is dependent upon the
COUNTY's receipt of funds from the WSEO in accordance with the provisions of
Contract Number 96-13-03, a copy of which is attached hereto as Schedule C.
Funds shall be paid to the MUNICIPALITY in quarterly installments no later
than 30 days after the COUNTY receives the quarterly warrant from WSEO
pursuant to Schedule C. An allocation of contract funds for the entire
biennium is identified within Table A of Schedule A. The anticipated
COMMUTE TRIP REDUCTION AGREEMENT -- Page 1
allocation of contract funds for each of the eight quarters is identified
within Table B of Schedule A. The allocation of contract funds is based on
the number of affected jurisdictions and employers that exist at the end of
each quarter. Funds provided to the MUNICIPALITY under this Agreement shall
be used solely for activities undertaken to fulfill the requirements of the
Transportation Demand Management Act and to implement the work as described
in Schedule B.
SECTION 5. Reporting.
The MUNICIPALITY shall submit to the COUNTY quarterly progress reports
as detailed in Schedule B.
SECTION 6. Changes.
This agreement may be modified upon mutual agreement of the parties, and
any modification shall become effective only upon written amendment to the
Agreement executed by both parties.
SECTION 7. Records and Recapture of Funds.
7.1 The MUNICIPALITY shall protect, save harmless, indemnify, and
defend, at its own expense, the COUNTY, its elected and appointed officers,
employees and agents, from any loss or claim for damages of any nature
whatsoever, arising out of the MUNICIPALITY's performance of this Agreement,
including claims by the State of Washington for recapture of funds, the
MUNICIPALITY's employees or third parties, except for those damages solely
caused by the negligence or willful misconduct of the COUNTY, its elected and
appointed officers, employees or agents.
7.2 The parties acknowledge that the Washington State Energy Office and
the State of Washington are not liable for damage or claims for damages
arising from the MUNICIPALITY's performance or activities under the terms of
this agreement.
[Note: This provision is required by WSEO Agreement paragraph 12 b.]
7.3 The COUNTY shall protect, save harmless, indemnify, and defend, at
its own expense the MUNICIPALITY, its elected and appointed officers,
employees and agents from any loss or claim for damages of any nature
whatsoever, arising out of the COUNTY's performance of this Agreement,
including claims by the State of Washington, the COUNTY's employees or third
parties, except for those damages solely caused by the negligence or willful
misconduct of the MUNICIPALITY, its elected and appointed officers, employees
or agents.
SECTION 8. Compliance with the Law.
The MUNICIPALITY shall comply with all applicable federal, state and
local laws in performing this Agreement.
SECTION 9. Employment Provisions.
COMMUTE TRIP REDUCTION AGREEMENT -- Page 2
There shall be no discrimination against any employee who is paid by the
funds indicated in this agreement or against any applicant for such
employment because of race, religion, color, sex, marital status, creed,
Vietnam era or disabled veterans status, age, handicap, or national origin.
This provision shall include, but not be limited to the following:
employment upgrading, demotion, transfer, recruitment, advertising, lay-off
or termination, rates of pay or other forms of compensation, and selection
for training or any other act prohibited by RCW ch. 49.60.
SECTION 10. Termination.
10.1 If, through any cause, the MUNICIPALITY shall fail to fulfill in
a timely and proper manner its obligations under this agreement, or if the
MUNICIPALITY shall violate any of its covenants, agreements or stipulations
of this Agreement, the COUNTY shall thereupon have the right to terminate
this Agreement and withhold the remaining allocation if such default or
violation is not corrected within thirty (30) days after submitting written
notice to the MUNICIPALITY describing such default or violation.
10.2 Notwithstanding any provisions of this Agreement, either party may
terminate this Agreement by providing written notice of such termination,
specifying the effective date thereof, at least thirty (30) days prior to
such date. Reimbursement for services performed by the MUNICIPALITY and not
otherwise paid for by the COUNTY prior to the effective date of such
termination shall be paid as a pro rata portion of the applicable quarterly
reimbursement amount.
SECTION 11. Exercise of Rights or Remedies.
Failure of either party to exercise any rights or remedies under this
Agreement shall not be a waiver of any obligation by either party and shall
not prevent either party from pursuing that right at any future time.
SECTION 12. Venue and jurisdiction.
This Agreement shall be governed by the laws of the State of Washington.
Any action, suit, or judicial proceeding arising from this Agreement shall be
commenced and tried in the Superior Court for the State of Washington in
Yakima County.
SECTION 13. Severability.
Should any clause, phrase, sentence or paragraph of this Agreement be
declared invalid or void by a court of competent jurisdiction, the remaining
provisions of this Agreement not so declared shall remain in full force and
effect.
COMMUTE TRIP REDUCTION AGREEMENT -- Page 3
INTERLOCAL AGREEMENT FOR COMMUTE TRIP REDUCTION PLANNING
MUNICIPALITY
YAKIMA COUNTY
BOARD OF YAKIMA COUNTY COMMISSIONERS
DATE:
ATTEST this .`qday of ATTEST this
January; 1996:
City Clerk
Approved as to form:
City Attorney Ar v g
Date : Jtkl Lit r1 a �O lql q6
CITY CONTRACT NO, i
clay of January, 1996:
S
. Hinojosa, Clerk the Board
Approved as to form:
Deputy Prosecg Attorney
Date:
COMMUTE TRIP REDUCTION AGREEMENT -- Page 4
SCHEDULE A
CTR FUND DISBURSEMENT SCHEDULE
21 -Dec -95
TABLE A
FUND DISBURSEMENT FOR THE THIRD BIENNIUM
(JULY 1, 1995 through JUNE 30, 1997)
JURISDICTION
NUMBER OF
EMPLOYERS
IN JURISDICTION
PROPORTIONAL
SHARE BASED ON
# OF EMPLOYERS
FUND DISTRIBUTION
&
REPORTING COSTS
TOTAL
ALLOCATION
SELAH
3
$30,000.00
$0.00
$30,000.00
TOPPENISH
2
$20,000.00
$0.00
$20,000.00
UNION GAP
2
$20,000.00
$0.00
$20,000.00
YAKIMA, CITY OF
12
$120,000.00
$0.00
$120,000.00
YAKIMA COUNTY
3
$30,000.00
$6,000.00
$36,000.00
SUBTOTAL
22
$220,000.00
$6,000.00
$226,000.00
PTBA/RTPO/YVCOG
$14,000.00
TOTALS
22
$220,000.00
$6,000.00
$240,000.00
TABLE B
ANTICIPATED FUND DISBURSEMENT FOR EACH OF THE EIGHT QUARTERS
JURISDICTION
NUMBER OF
EMPLOYERS
IN JURISDICTION
PROPORTIONAL
SHARE BASED ON
# OF EMPLOYERS
FUND DISTRIBUTION
&
REPORTING COSTS
TOTAL
ALLOCATION
SELAH
3
$3,750.00
$0.00
$3,750.00
TOPPENISH
2
$2,500.00
$0.00
$2,500.00
UNION GAP
2
$2,500.00
$0.00
$2,500.00
YAKIMA, CITY OF
12
$15,000.00
$0.00
$15,000.00
YAKIMA COUNTY
3
$3,750.00
$750.00
$4,500.00
SUBTOTAL
22
$27,500.00
$750.00
$28,250.00
PTBA/RTPO/YVCOG
$1,750.00
TOTALS
22
$27,500.00
$750.00
$30,000.00
COMMUTE TRIP REDUCTION AGREEMENT -- Page 5
SCHEDULE B
STATEMENT OF WORK
Development and Implementation of Commute Trip Reduction
Plans and Programs
BACKGROUND: The 1991 Legislature found that automobile traffic in
Washington's metropolitan areas is the major source of emissions of air
contaminants and that increasing automobile traffic is aggravating traffic
congestion. Further, the 1991 Legislature found that increasing automobile
traffic is a major factor in increasing consumption of gasoline. According
to the legislature, reducing the number of commute trips to work via
single -occupant -vehicles is an effective way of reducing vehicle -related air
pollution, traffic congestion and energy use.
The Transportation Demand Management Act, Laws of 1991, Ch. 202, requires
cities, counties and towns containing "major employers" in the counties
(Clark, King, Kitsap, Pierce, Snohomish, Spokane, Thurston, and Yakima)
experiencing the greatest vehicle -related air pollution, gasoline consumption
and congestion problems to develop plans and programs to reduce single -
occupant -vehicle commute trips.
These counties, cities and towns are to establish and implement commute trip
reduction plans for all major employers within their jurisdiction. The
commute trip reduction plans are to be developed in cooperation with local
transit agencies, regional transportation planning organizations and major
employers. They are to be consistent with and can be incorporated in state
or regional transportation plan and local comprehensive plans. The trip
reduction plans are to be consistent with the requirements of the
Transportation Demand Management Act.
The time frame of this contract covers the same biennium as the County's
contract with WSEO (July 1, 1995 -- June 30, 1997). Cities and counties are
to continue project administration, which includes, but is not limited to:
submittal of employer program descriptions, employer annual reports (1995,
1996), and employee survey results, where and when available.
OBJECTIVES: Yakima County (hereinafter referred to as the COUNTY) will serve
as a liaison between state and city governments within Yakima County and
promote implementation of the Transportation Demand Management Act, Laws of
1991, Ch. 202, as described in RCW 70.94.521 et seq. The County will provide
funds to the MUNICIPALITY to assist in the MUNICIPALITY's implementation of
commute trip reduction plans. Funds provided to the MUNICIPALITY under this
agreement are to be used solely for activities undertaken to fulfill the
requirements of RCW 70.94.521 et seq.
COMMUTE TRIP REDUCTION AGREEMENT -- Page 6
THE MUNICIPALITY SHALL:
1. Maintain and administer a CTR ordinance and plan for affected, major
employers within the corporate limits of the MUNICIPALITY consistent
with the Transportation Demand Management Act, Laws of 1991, Ch. 202;
RCW 70.94.521 et seq.;
[Note: This provision is required by WSEO Statement of Work, Item I.B.]
2. Provide WSEO with a public hearing notice and copies of any proposed
amendments to the MUNICIPALITY's CTR ordinance, plan, and/or
administrative guidelines within the first week of the public review
period, and final copies of such action within one (1) month of adoption;
[Note: This provision is required by WSEO Statement of Work, Item I.D.]
3. Review parking policies and ordinances as they relate to affected
employers and affected worksites and any revisions necessary to promote
the intent of the CTR Law, ordinance, and plan. Provide a written summary
of the parking review process and any revisions undertaken to WSEO by
thirty (30) days after June 30, 1996;
[Note: This provision is required by WSEO Statement of Work, Item I.F.]
4. Maintain an appeals process whereby employers in the MUNICIPALITY may
obtain a waiver or modification of CTR requirements if they would be
unable to meet the requirements of the MUNICIPALITY's CTR plan or
ordinance as a result of special characteristics of their business or
location;
[Note: This provision is required by WSEO Statement of Work, Item III.B.]
5. The MUNICIPALITY, or its designee, will provide WSEO with a public hearing
notice and copies of all proposed changes in CTR zone boundaries, values
of the proportion of single -occupant -vehicle commute trips and the commute
trip vehicle miles traveled per employee that occur in the MUNICIPALITY
within the first week of the public review period, and final copies of
such action within one (1) month of adoption;
[Note: This provision is required by WSEO Statement of Work, Item 1.H.]
6. The MUNICIPALITY, or its designee, will submit copies of all applications
by employers for waivers or modifications from CTR requirements considered
and/or granted by the MUNICIPALITY, its designee, or an appeals board to
the State CTR Task Force for review and comment (RCW 70.94.527(9)) by one
of two methods:
1) Public Review Period or Hearing. If there is a public review period
or hearing, submit a public hearing notice and copies of all
applications for waivers or modifications from CTR requirements to be
considered within the first week of the public review period, and
final decisions on such applications within one (1) month of
adoption/action.
COMMUTE TRIP REDUCTION AGREEMENT -- Page 7
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Administrative Review. If there is only an administrative review,
submit copies of all applications for waivers or modifications from
CTR requirements to be considered at least one (1) week prior to the
decision on such application;
[Note: This provision is required by WSEO Statement of Work, Item III.D.]
7. The MUNICIPALITY, or its designee, will provide an annual progress report
to WSEO by thirty (30) days after June 30, 1996 and June 30, 1997 in the
format described below:
1) The MUNICIPALITY's contact person's name, mailing address, and phone
number.
2) Progress in attaining the applicable CTR goals for each CTR zone.
3) Any significant problems encountered.
4) One (1) hard copy of each affected employer's most recent Program
Description and Employer Annual Report.
5) Electronic version of each affected employer's most recent Program
Description and Employer Annual Report, if available.
6) List of CTR Trainers and Reviewers on staff or under contract with
the MUNICIPALITY.
7) An estimate of expenditures by category for all state CTR funds
expended by the MUNICIPALITY during the previous year for the purpose
of CTR implementation. These categories shall include, but are not
limited to the following: Administrative Costs, Promotional Costs,
Interjurisdictional Coordination, Employer Assistance, and Training;
[Note: This provision is required by WSEO Statement of Work, Item IV.B.
and IV.E.]
8. The MUNICIPALITY, or its designee, will provide to the COUNTY, or its
designee, as a central clearinghouse, the following information and
reports for joint submission to the WSEO:
8.1 Quarterly progress reports within fifteen (15) days of the end of
each quarter summarizing:
1) Past quarter's CTR events and projects;
2) A detailed summary of implementation assistance provided to
affected employers within the MUNICIPALITY;
3) An estimate of expenditures by budget categories used by the
MUNICIPALITY or its designee for all state CTR funds expended by
the MUNICIPALITY or its designee during the previous quarter for
the purpose of CTR implementation. These categories shall
include, but are not limited to the following: Administrative
Costs, Promotional Costs, Interjurisdictional Coordination,
Employer Assistance, and Training; and,
4) A list of scheduled CTR events, projects, and implementation
assistance expected to be provided to affected employers in the
next quarter including all CTR training classes.
[Note: This provision is required by WSEO Statement of Work, Item V.B.]
COMMUTE TRIP REDUCTION AGREEMENT -- Page 8
8.2 The MUNICIPALITY, or its designee, will provide to the COUNTY, or its
designee, as a central clearinghouse, with a list of affected
employer worksites in the MUNICIPALITY with the number of affected
employees (as defined by the CTR Guidelines), employee transportation
coordinator (including address and phone number), and firm's chief
executive officer no later than fifteen (15) days following the end
of each quarter.
[Note: This provision is required by WSEO Statement of Work, Item I.J.]
8.3 The MUNICIPALITY, or its designee, will provide the COUNTY, or its
designee, with any updated or new employer, jurisdiction, or zone CTR
survey database information for the MUNICIPALITY. CTR survey
database information must be submitted in WSEO-specified format
(Attachment 1) at least three weeks prior to submitting survey forms
for processing.
[Note: This provision is required by WSEO Statement of Work, Item VI.B.]
8.4 The MUNICIPALITY, or its designee, will return all processed CTR
Employee Questionnaires unaltered to their respective employer(s)
within thirty (30) days of receipt from the State with a copy of the
CTR Guide for Employer Surveys or other WSEO-reviewed survey
guide/instructional materials.
[Note: This provision is required by WSEO Statement of Work, Item VI.D.]
8.5 Results of any formal employer or employee surveys accomplished in
cooperation with the County.
8.6 Copies of trip reduction programs approved by the MUNICIPALITY.
8.7 Other information at the MUNICIPALITY's discretion.
9. The MUNICIPALITY will use the State -provided "Program Description &
Employer Annual Report" or have its form(s) reviewed by WSEO for data
compatibility and consistency with the State "Program Description &
Employer Annual Report" form.
[Note: This provision is required by WSEO Statement of Work, Item IV.D.]
10. The MUNICIPALITY, or its designee, will assist WSEO staff with the CTR
evaluation (RCW 70.94.537(4)).
[Note: This provision is required by WSEO Statement of Work, Item VII.B.]
11. The MUNICIPALITY, or its designee, will distribute the WSEO-provided
Employer Cost Survey to all employers affected by the CTR Law and
ordinance in the MUNICIPALITY.
[Note: This provision is required by WSEO Statement of Work, Item VII.D.]
COMMUTE TRIP REDUCTION AGREEMENT -- Page 9
SCHEDULE C
INTERGOVERNMENTAL AGREEMENT
WASHINGTON STATE ENERGY OFFICE and YAKIMA COUNTY
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COMMUTE TRIP REDUCTION AGREEMENT -- Page 10
WSEO #96-13-03
INTERGOVERNMENTAL AGREEMENT
Development and Implementation of Commute Trip Reduction(CTR) Plans and Programs
Washington State Energy Office AND
P.O. Box 43165
Olympia, WA 98504-3165
Re: T.J. Johnson
Maximum Amount:
12 Month Authorized Amount:
Beginning Date: July 1, 1995
$240,000
$120,000
Yakima County
128 N. 2nd Street
Yakima. WA 98901
Re: John Gruber Fed ID#: l Q
i- 130011K
Yakima Co. Public Works
Authorized Time Period: 12 Months -June 30, 1996
Expiration Date: June 30, 1997
This Agreement, entered into by and between Yakima County (hereinafter referred to as the County or
Contractor) and the Washington State Energy Office (hereinafter referred to as the Energy Office), WITNESS
THAT:
WHEREAS, the Energy Office has the statutory authority under Sec. 301 of the Natural Resources
budget to provide assistance to local governments serving the communities of the state. for the purpose
of implementing commute trip reduction plans and ordinances: and
WHEREAS. the Energy Office also has the responsibility to administer programs and projects assigned
to the Energy Office by the Governor or the Washington State Legislature: and
WHEREAS, Revised Code of Washington (RCW) 70.94.521-551 directs the Energy Office to
proportionally distribute funds to the counties and that the counties proportionally distribute the funds to
the cities with Commute Trip Reduction pians: and
WHEREAS. the Energy Office hereby desires to engage the County to perform certain tasks as
hereinafter agreed upon by both parties.
NOW, THEREFORE, in consideration of covenants. conditions, performances. and promised hereinafter
contained, the parties hereto agree as follows:
1. FUNDING PROVISIONS AND CONTINGENCIES
The total funds to be reimbursed to the County for the overall agreement period shall not exceed
$240.000.
?. SERVICE PROVISIONS
Funds provided to the County under this Agreement shall be used solely for activities undertaken to
fulfill the requirement of RCW 70.94.521-551 and to implement the tasks as described in the Statement
of Work, which. by this reference, is made a part of this Agreement.
3. AGREEMENT PERIOD
The effective date of this agreement shall be July 1, 1995. The agreement expiration date shall be June
30, 1997.
4. REIMBURSEMENT PROVISIONS
The County shall submit an invoice voucher (state form A-19) to the Energy Office within thirty (30)
days of the end of each quarter. Within thirty (30) days after receiving the voucher and upon approval.
the Energy Office shall remit to the County a warrant for payment. All warrants shall be in the amount
equal to one eighth (to the nearest dollar) of the total amount to be remitted to the county under this
Agreement.
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5. EVALUATION AND MONITORING
a. The County shall cooperate with and freely participate in any monitoring or evaluation activities
conducted by the Energy Office that are pertinent to the intent of this Agreement.
b. The Energy Office or 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 the Energy Office or the
State Auditor may deem necessary, all the County's records with respect to all matters covered in
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 records of matters covered by this Agreement. Such rights last for three years from the date
final payment is made hereunder.
c. The County shall remit to the Energy Office quarterly reports. as described in the Statement of
Work. for the Energy Office to adequately and accurately assess the progress made by each
jurisdiction in implementing RCW 70.94.521-551. These report shall be submitted to the Energy
Office no later than thirty (30) days following the end of each quarter.
6. QUARTERLY REPORTING
The County shall remit to the Energy Office quarterly reports as described in the Statement of Work. for
the Energy Office to adequately and accurately assess the progress made by each jurisdiction in
implementing RCW 70.94.521-551. These reports shall be submitted to the Energy Office no later than
thirty (30) days following the end of each quarter.
7. ANNUAL REPORTING
The County shall remit to the Energy Office an annual report. as described in the Statement of Work. for
the Energy Office to adequately and accurately assess the progress made by each jurisdiction in
implementing RCW 70.94.521-551. This report shall be submitted to the Energy Office no later than
thirty (30) days after June 30, 1996 and June 30,1997.
8. EMPLOYMENT PROVISIONS
There shall be no discrimination against any employee who is paid by the funds indicated in the
Agreement or against any applicant for such employment because of race. religion. color. sex. marital
status, creed. national origin. age, Vietnam era or disabled veterans status. or the presence of any
sensory. mental. or physical handicap. This provision shall include. but not be limited to the following:
employment. upgrading, demotion. transfer. recruitment, advertising, lay-off or termination. rate of pay
or other forms of compensation. and selection for training.
9. AGREEMENT MODIFICATIONS
The Energy Office and the County may, from time to time. request changes in service to be performed
with the funds. Any such changes that are mutually agreed upon by the Energy Office and the County
shall be incorporated herein by written amendment of this Agreement. It is mutually agreed and
understood that no alteration or variation of the terms of this Agreement shall be valid unless made in
writing and signed by the parties hereto, and that any oral understanding or agreements not incorporated
herein. shall not be binding.
10. TERMINATION OF AGREEMENT
a. If. through any cause. the County shall fail to fulfill in a timely and proper manner its obligations
under this Agreement. or if the County shall violate any of its covenants. agreements or
stipulations of this Agreement. the Energy Office shall thereupon have the right to terminate this
Agreement and withhold the remaining allocation if such default or violation is not corrected
within thirty (30) days after submitting written notice to the County describing such default or
violation.
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b. Notwithstanding any provisions of this Agreement. either party may terminate this Agreement by
providing written notice of such termination, specifying the effective date thereof. at least thirty
(30) days prior to such date. Reimbursement for services performed by the County, and not
otherwise paid for by the Energy Office prior to the effective date of such termination shall be
paid as a pro rata portion of the applicable quarterly reimbursement amount.
11. SPECIAL PROVISION
The Energy Office's failure to insist upon the strict performance of any provision of this Agreement or to
exercise any right based upon breach thereof or the acceptance of any performance during such breach.
shall not constitute a waiver of any right under this Agreement.
12. HOLD HARMLESS
a. 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 to the fullest extent
required by law, and agrees to save, indemnify, defend. and hold the other party harmless from
any such Liability. In the case of negligence of both the Energy Office and the County, any
damages allowed shall be levied in proportion to the percentage of negligence attributable to the
other party.
b. This indemnification clause shall also apply to any and all cause of action arising out of
performance of work activities under this Agreement. Each contract for services or activities
utilizing funds provided in whole or in part by this Agreement shall include a provision that the
Energy Office and the State of Washington are not liable for damage or claims for damages
arising from any subcontractor's performance or activities under the terms of the contracts.
13. GOVERNING LAW AND VENUE
The 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. Venue of any suit between the parties
arising out of this Agreement shall be the Superior Court of Thurston County, Washington.
14. SEVERABILITY
In the event any term or condition of this Agreement or application thereof to any person or
circumstances is held invalid. such invalidity shall not effect other terms. conditions or applications of
this Agreement which can be given effect without the invalid term. condition or application. To this end
the terms and conditions of this Agreement are declared severable.
15. RECAPTURE PROVISION
a. In the event that the County fails to expend state funds in accordance with state law and/or the
provisions of this Agreement. the Energy Office reserves the right to recapture state funds in an
amount equivalent to the extent of noncompliance.
b. Such right of recapture shall exist for a period not to exceed three (3) years following
termination of the Agreement. Repayment by the County of state funds under this recapture
provision shall occur within thirty (30) days of demand. In the event that the Energy Office is
required to institute legal proceedings to enforce the recapture provision. the Energy Office shall
be entitled to its cost thereof. including reasonable attorneys fees.
16. REDUCTION IN FUNDS
The Energy Office may unilaterally terminate all or part of this agreement. or may reduce its scope of
work or budget under this Agreement, if there is a reduction of funds by the source of those funds, and if
such funds are the basis for this Agreement.
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17. ADMINISTRATION
a. The Energy Office key personnel shall be T.J. Johnson.
b. The County's key personnel shall be the John Gruber, or his designee.
18. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, Public Law 101-336
The Contractor must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment. public accommodations, state and local
government services, and telecommunications.
19. FINAL PAYMENT
Final invoice payment will be made upon completion of all tasks as specified in the Statement of Work.
This agreement contains all the terms and conditions agreed upon by the parties. All items incorporated by
reference are attached. No other understandings, oral or otherwise, regarding the subject matter of this
agreement shall be deemed to exist or to bind any of the parties hereto.
IN WITNESS WHEREOF the parties hereto have executed this agreement on the day and year last
specified below.
STATE OF WASHINGTON
Washirrg n State Ene t 1 ffice APPROVED AS
By -
Title SEP 2 9 1995
ASSISTANT DIRECTOR
Date ADMINISTRATION b FINANCE
CONTRACTOR
Yakima County
B
Title Ch C
Date Jt C)ef /2) )q
WSEO Assistant Attorney Ge • eral
9
This
LO day of
APPROV
O ORM
Deputy Prosecuting Attorney
This day of . 19 9-S
4
WSEO #96-13-03
STATEMENT OF WORK
Development and Implementation of Commute Trip Reduction Plans and Programs
BACKGROUND:
The 1991 Legislature found that automobile traffic in Washington's metropolitan areas is the major
source of emissions of air contaminants and that increasing automobile use is aggravating traffic
congestion. Further, the 1991 Legislature found that increasing automobile traffic is a major factor in
increasing consumption of gasoline. According to the Legislature, reducing the number of commute
trips to work via single -occupant vehicles and vehicle miles traveled is an effective way of reducing
vehicle -related air pollution, traffic congestion, and energy use.
To address these problems. Second Substitute House Bill 1671 ( RCW 70.94.521-551) passed the 1991
Legislature and was signed by the Governor. RCW 70.94.521-551 requires cities, counties and towns
containing "major employers" in the counties (Clark, King, Kitsap, Pierce. Snohomish. Spokane,
Thurston, and Yakima) experiencing the greatest vehicle -related air pollution, gasoline consumption.
and congestion problems to develop ordinances, plans. and programs to reduce vehicle miles traveled
and single occupant vehicle commute trips.
These counties. cities. and towns are to establish, implement. and maintain commute trip reduction
(CTR) ordinances and plans for all major employers within their jurisdiction. CTR plans are being
developed in cooperation with local transit agencies. regional transportation planning organizations and
major employers. They are to be consistent with and can be incorporated in state or regional
transportation plans and local comprehensive plans. Additionally, the trip reduction plans and
ordinances are to be consistent with the guidelines established by the CTR Task Force.
The CTR Law is being implemented in phases. Phase I (July 1, 1991 to June 30, 1993) covered the
initial period of local ordinance and plan implementation. Phase II (July 1, 1993, to June 30, 1997)
covers ongoing project administration, including, but not limited to: submittal of employer annual
reports (1996 - 1997). and employee survey results. where.and when available.
OBJECTIVES:
County (hereinafter referred to as the Contractor or County), or its designated regional or county -wide
authority, will coordinate and administer the distribution of funds. The County will enter into
agreements through the interlocal cooperation act or by resolution or ordinance as appropriate with other
jurisdictions. local transit agencies. or regional transportation planning organizations to coordinate the
development. implementation. and administration of CTR plans and ordinances as described in RCW
70.94.521-551. The Washington State Energy Office (WSEO) will provide funds to the Contractor to
assist in the County's implementation of the CTR Law. The Contractor will distribute those funds to
cities and towns within the county implementing and administering commute trip reduction ordinances
and plans. Funds provided to the Contractor under this agreement are to be used solely for activities
undertaken to fulfill the requirements of RCW 70.94.521-551. Transportation Demand Management.
5
CONTRACTOR (COUNTY) TASKS:
1. General Tasks
A. Maintain and administer a CTR ordinance and plan for affected employers in the
unincorporated area of the County, according to the provisions of RCW 70.94.521-551.
B. Include a provision in all CTR interlocal agreements stating that local jurisdictions, or
their designees, will maintain and administer a CTR ordinance and plan for affected
employers in their jurisdiction, according to the provisions of RCW 70.94.521-551.
C. Provide WSEO with a public hearing notice and copies of any proposed amendments to
the County's CTR ordinance. plan, and/or administrative guidelines within the first week
of the public review period. and final copies of such action within one (1) month of
adoption.
D. Include a provision in all CTR interlocal agreements stating that local jurisdictions, or
their designees will provide WSEO with a public hearing notice and copies of any
proposed amendments to their CTR ordinance. plan. and/or administrative guidelines
within the first week of the public review period. and final copies of such action within
one (1) month of adoption.
E. Review the County's parking policies and ordinances as they relate to affected employers
and affected worksites and any revisions necessary to promote the intent of the CTR Law,
ordinance. and plan.. Provide written summary of parking review process and any
revisions undertaken to WSEO by thirty (30) days after June 30, 1996.
F. Include a provision in all CTR interlocal agreements stating that local jurisdictions. or
their designees. will review parking policies and ordinances as they relate to affected
employers and affected worksites and any revisions necessary to promote the intent of the
CTR Law. ordinance. and plan.. Include in all CTR interlocal agreements a provision
stating that local jurisdictions. or their designees. will provide written summary of
parking review process and any revisions undertaken to WSEO by thirty (30) days after
June 30, 1996.
G. Provide WSEO with a public hearing notice and copies of all proposed changes in CTR
zone boundaries. values of the proportion of single -occupant vehicle commute trips and
the commute trip vehicle miles traveled per employee that occur in the unincorporated
county within the first week of the public review period. and final copies of such action
within one (1) month of adoption.
H. Include a provision in all CTR interlocal agreements stating that local jurisdictions, or
their designees. will provide WSEO with a public hearing notice and copies of all
proposed changes in CTR zone boundaries. values of the proportion of single -occupant
vehicle commute trips and the commute trip vehicle miles traveled per employee that
occur in the local jurisdiction the first week of the public review period. and final copies
of such action within one (1) month of adoption.
6
I. Provide WSEO with updates to the list of affected employer worksites. as defined by the
CTR Guidelines, in the unincorporated County by no later than thirty (30) days following
the end of -each quarter.
J. Include a provision in all CTR interlocal agreements stating that local jurisdictions, or
their designees, will provide updates to the list of affected employer worksites. as defined
by the CTR Guidelines, in their jurisdiction by no later than thirty (30) days following the
end of each quarter.
11. Coordination
A. Enter into agreements through the interlocal cooperation act or by resolution or ordinance
as appropriate with other jurisdictions, local transit agencies, or regional transportation
planning organizations to coordinate the development. implementation, and
administration of CTR plans and ordinances.
B. Distribute funds to affected jurisdictions, or their designees, within the county
implementing CTR plans and ordinances as required by RCW 70.94.544.
C. Submit to WSEO a list of dollar amounts to be disbursed by the County to local
jurisdiction(s) within sixty (60) days of approval of all interlocal agreements between the
County and affected jurisdiction(s).
D. Serve as a liaison between WSEO and cities. towns. transit agencies. and regional
transportation planning organizations for the purposes of RCW 70.94.521-551.
III. Appeals, Waivers, and Modifications
A. Maintain an appeals process whereby employers in the unincorporated County may
obtain a waiver or modification of CTR requirements if they would be unable to meet the
requirements of the County's CTR plan or ordinance as a result of special characteristics
of their business or location.
B. Include a provision in all CTR interlocal agreements stating that local jurisdictions, or
their designees. will maintain an appeals process whereby employers in the local
jurisdiction may obtain a waiver or modification of CTR requirements if they would be
unable to meet the requirements of the local jurisdiction's CTR plan or ordinance as a
result of special characteristics of their business or location.
C. Submit all applications from employers for waivers or modifications from CTR
requirements considered and/or granted by the County. its designee. or an appeals board
to the State CTR Task Force for review and comment (RCW 70.94.527(9)) by one of two
methods:
1) Public Review Period or Hearing. If there is a public review period or hearing,
submit a public hearing notice and copies of all applications for waivers or
modifications from CTR requirements to be considered within the first week of
the public review period. and final decisions on such applications within one (1)
month of adoption/action.
7
2) Administrative Review. If there is only an administrative review, submit copies
of_ all applications for waivers or modifications from CTR requirements to be
considered at least one (1) week prior to the decision on such application.
D. Include a provision in all CTR interlocal agreements stating that local jurisdictions, or
their designees. will submit copies of all applications by employers for waivers or
modifications from CTR requirements considered and/or granted by the local
jurisdictions, their designees, or an appeals boards to the State CTR Task Force for
review and comment (RCW 70.94.527(9)) by one of two methods:
1) Public Review Period or Hearing. If there is a public review period or hearing,
submit a public hearing notice and copies of all applications for waivers or
modifications from CTR requirements to be considered within the first week of
the public review period, and final decisions on such applications within one (1)
month of adoption/action.
2) Administrative Review. If there is only an administrative review. submit copies
of all applications for waivers or modifications from CTR requirements to be
considered at least one (1) week prior to the decision on such application.
IV. Annual Progress Reporting.
A. Submit an annual progress report for the unincorporated County to WSEO by thirty (30)
days after June 30, 1996 and June 30, 1997 in the format described in Section IV.E. of
this Agreement. (RCW 70.94.527(8))
B. Include a provision in all CTR interlocal agreements stating that local jurisdictions. or
their designees. will provide an annual progress report to WSEO by thirty (30) days after
June 30. 1996 and June 30, 1997 in the format described in Section IV.E. of this
Agreement.
C. Use the state -provided "Program Description & Employer Annual Report" form or have
the County form reviewed by WSEO for data compatibility and consistency with the state
"Program Description & Employer Annual Report" form.
D. Include a provision in all CTR interlocal agreements stating that local jurisdictions. or
their designees. will use the state -provided "Program Description & Employer Annual
Report" form or have their form(s) reviewed by WSEO for data compatibility and
consistency with the state "Program Description & Employer Annual Report" form.
E. The annual progress report will include:
1) Jurisdiction's contact person's name. mailing address. and phone number.
2) Progress in attaining the applicable CTR goals for each CTR zone.
3) Any significant problems encountered.
4) One (1) hard copy of each affected employer's most recent Program Description
and Employer Annual Report.
8
5) Electronic version of each affected employer's most recent Program Description
and Employer Annual Report, if available.
6) List of CTR Trainers and Reviewers on staff or under contract with the
Jurisdiction.
7) An estimate of expenditures by category for all state CTR funds expended by the
jurisdiction during the previous year for the purpose of CTR implementation.
These categories shall include, but are not limited to the following:
Administrative Costs, Promotional Costs, Interjurisdictional Coordination,
Employer Assistance, and Training.
F. Distribute the WSEO-provided State "Program Description and Employer Annual
Report" form to local jurisdictions, or their designees, implementing CTR plans and
ordinances, as requested.
V. Quarterly Reporting
A. With the invoice vouchers. submit to WSEO quarterly progress reports, within thirty (30)
days of the end of each quarter summarizing:
1) Past quarter's CTR events and projects:
2) A detailed summary of implementation assistance provided to affected employers
within the unincorporated county;
3) An estimate of expenditures by budget categories used by the county for all state
CTR funds expended by the county during the previous quarter for the purpose of
CTR implementation: and,
4) A list of scheduled CTR events. projects, and implementation assistance expected
to be provided to affected employers in the next quarter including all CTR
training classes.
B. Include a provision in all CTR interlocal agreements stating that local jurisdictions. or
their designees. will submit to WSEO either directly or through the County quarterly
progress reports within thirty (30) days of the end of each quarter summarizing:
1) Past quarter's CTR events and projects:
2) A detailed summary of implementation assistance provided to affected employers
within the jurisdiction:
3) An estimate of expenditures by budget categories used by the jurisdiction or its
designee for all state CTR funds expended by the jurisdiction or its designee
during the previous quarter for the purpose of CTR implementation: and.
4) A list of scheduled CTR events. projects. and implementation assistance expected
to be provided to affected employers in the next quarter including all CTR
training classes.
VI. Surveying
A. Provide WSEO. or its designee. any and all updated or new employer, junsdiction. zone.
or county CTR survey database information. CTR survey database information must be
submitted in WSEO-specified format (Attachment 1) at least two weeks prior to
submitting survey forms for processing.
9
B. Include a provision in all CTR interlocal agreements stating that local jurisdictions, or
their designees, will provide the County, or its designee, any updated or new employer,
jurisdiction. or zone CTR survey database information for their jurisdiction. CTR survey
database information must be submitted in WSEO-specified format (Attachment 1) at
least three weeks prior to submitting survey forms for processing.
C. Return all processed CTR Employee Questionnaires unaltered to their respective
employer(s) (in the unincorporated county) within thirty (30) days of receipt from the
state with a copy of the CTR Guide for Employer Surveys or other WSEO-reviewed
survey guide/instructional materials.
D. Include a provision in all CTR interlocal agreements stating that local jurisdictions, or
their designees, will return all processed CTR Employee Questionnaires unaltered to their
respective employer(s) within thirty (30) days of receipt from the state with a copy of the
CTR Guide for Employer Surveys or other WSEO-reviewed survey guide/instructional
materials.
VII. Evaluation
A. Assist WSEO staff with the CTR evaluation. (RCW 70.94.537(4))
B. Include a provision in all CTR interlocal agreements stating that local jurisdictions, or
their designees, will assist WSEO staff with the CTR evaluation (RCW 70.94.537(4)).
C. Distribute the WSEO Employer Cost Survey to all affected employers in the
unincorporated county. (RCW 70.94.537(4))
D. Include a provision in all CTR interlocal agreements stating that Local jurisdictions. or
their designees. will distribute the WSEO-provided Employer Cost Survey to all
employers affected by the CTR Law and ordinance in their jurisdictions.
WSEO TASKS:
I. Through the Technical Assistance Team. provide support in developing and implementing CTR
plans and programs. including providing training, informational materials. and assistance in CTR
evaluation. Assist with overall CTR outreach on a statewide basis.
II. Employer Cost Survey
A. Distribute the Employer Cost Survey to the County. or its designee.
B. Distribute the Employer Cost Survey to local jurisdictions. or their designees.
10
III. Annual Reporting Assistance
A. Distribute- the State "Program Description & Employer Annual Report" form to the
County, or its designee, as requested.
B. Review the County's and/or local jurisdiction's program descriptions and employer annual
reporting forms for data compatibility and consistency with the state "Program
Description & Employer Annual Report" form within thirty (30) days of receipt.
C. Provide the County, local jurisdictions, or their designees with Program Description &
Employer Annual Report form summary information, as requested.
IV. Survey Assistance
A. Provide the County with the CTR survey database format (Attachment 1).
B. Distribute the Employee Questionnaires in sufficient numbers to the County, or its
designees, as requested.
C. Provide survey processing at no cost to the County. local jurisdictions. or their designees,
for the Employee Questionnaire during the measurement years.
D. Provide survey processing at no cost to newly affected employers in the County and local
jurisdictions for the Employee Questionnaire as required by their measurement dates.
E. Provide technical assistance to the County, local jurisdictions. or their designees on
surveying. as requested.
F. Return the processed Employee Questionnaires to the County, local jurisdictions, or their
designees within sixty (60) days.
G. Review survey guide/instructional materials developed by the County. local jurisdictions,
or their designees for consistency with the state -developed "CTR Guide for Employer
Surveys" within thirty (30) days of receipt.
V. Upon receipt and approval of quarterly reports and invoice vouchers (state form A-19). pay the
County within thirty (30) days. All warrants shall be in the amount equal to one eighth (to the
nearest dollar) of the total amount to be remitted to the County under this Agreement.
Funding Source: State Funds -- PI#26941 -- Transportation Demand Management.
11
ATTACHMENT 1
COMMUTE TRIP REDUCTION SURVEY DATABASE INFORMATION FORMAT
In order to generate CTR Survey Reports for employers (and summary survey reports for jurisdictions, zones,
and counties) information specific to each organization is required. In most cases the State already has all or
most of this information. However, it must be continuously updated as new employers or jurisdictions survey
under the CTR program, or when current information changes (e.g., worksite moves to new street address, etc.)
New information and revisions must be provided in the structure outlined below.
Typically, the State will gather new and revised information via hardcopy (paper). The State will provide forms
consistent with the required format for the County lead agencies to fill out when adding or revising information
in the State's CTR Survey Database.
Alternatively, County lead agencies may submit new information or revisions electronically. County lead
agencies should submit new information as a generic database tile (dbt), assuming it conforms to the
specifications below.
Field Length Description
GrpCode C.6
GrpName C,60
GrpBranch C,60
GrpStreet C.60
GrpCity C.45
GrpState C,2
GrpZip C,10
ToPerson C.60
ToCompany C,60
ToAddress C.60
ToStreet C,60
ToCity C.45
ToS tate C.2
ToZip C.10
Jcode C.6
Zcode C.6
Ccode C,6
Scode C.6
ZoneMiles N,6
BaseSOV C.20
Goa1SOV C.20
Base VMT C,20
Goa1VMT C.20
Note:
group code
group name
group branch
worksite street address
worksite city
worksite state
worksite zip
person to contact
contact organization
contact mail address
contact street address
contact city
contact state
contact zip code
jurisdiction code
zone code
county code
state code
zone average trip Length
zone base SOV value
zone goal (1995) value
zone base VMT value
zone goal (1995) value
Example
E25189
Silver Tree Publications
Main Street branch
900 Main Street. Suite B
Sometown
WA
98905
Bernie Buns
Silver Tree Enterprises
P.O. Box 3489
6507 West Mayfield
Sunny Springs
NY
10092-3489
J906
Z4102
C41
Si
(NA -for zone records only)
85%
72.25%
9.3 miles
7.91 miles
The example given is an employer (worksite) record. Not all fields would be tilled for jurisdiction. zone,
or county records.
12
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO. JS
FOR MEETING OF: 1/23/96
ITEM TITLE RESOLUTION FOR INTERLOCAL AGREEMENT:
COMMUTE TRIP REDUCTION ' DISBURSEMENT
SUBMIT I ED BY: Glenn Valenzuela, Director
John Elsden, Senior Project Plan
CONTACT PERSON / TELEPHONE John Elsden, 575-6162
SUMMARY EXPLANATION:
The attached Resolution and Interlocal Agreement between the City of Yakima and
Yakima County will allow Yakima County to distribute State funds to the City of
Yakima for Commute Trip Reduction (CTR) planning purposes. Schedule A,
located on page 5 of the agreement indicates that the City of Yakima will receive
$120,000 for the biennium from July 1, 1995 through June 30, 1997.
Resolution X Ordinance
Other(Specify)1NTERLOCAL AGREEMENT
Funding Source: Washington State Commute Trip Reduction Funding,
disbursed through Yakima County
APPROVED FOR SUBMITTAL: �� l
Contract
City Manager
STAFF RECOMMENDATION: Adopt attached Resolution for Commute
Trip Reduction fund distribution
BOARD RECOMMENDATION:
COUNCIL ACTION: