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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 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; [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 g•\ wpdatajohngr\tdm\cities\intlocal.b3 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. 1 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. 2 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. 3 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: