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HomeMy WebLinkAboutR-1998-026 Interlocal Agreement / Yakima County / Commute Trip ReductionRESOLUTION NO. R-98- 2 G A RESOLUTION authorizing the Mayor and the City Clerk of the City of Yakima to execute an Interlocal 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 Mayor 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 I y% 774 day of -k),1 ,1998. Mayor ATTEST: G'.iYIC.- 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 Department of Transportation (hereinafter referred to as WSDOT) pursuant to Contract Number GCA0924 between WSDOT 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 PARTIES 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 Department of Transportation. SECTION 3 . Time of Performance. The term of this agreement shall be from July 1, 1997 to June 30, 1999, unless otherwise terminated as provided herein. 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. The MUNICIPALITY, or its designee, shall submit an invoice to the COUNTY within thirty (30) days of the end of each quarter for the first seven (7) quarters and within fifteen (15) days of the COMMUTE TRIP REDUCTION AGREEMENT -- Page 1 end of the final quarter. Invoices received more than 15 days after the end of the final quarter will not be paid. WSDOT will withhold 12.5% of the total contract amount for each jurisdiction until the final quarter in order to ensure completion of all tasks identified in this agreement. All invoices and warrants shall be based on actual work performed and actual costs incurred up to the maximum amount identified in the CTR Fund Disbursement Schedule as shown in Schedule A. The allocation of contract funds is based on the number of affected jurisdictions and employers that exist at the beginning of the biennium. Funds shall be paid to the MUNICIPALITY no later than 30 days after the COUNTY receives the quarterly warrant from WSDOT pursuant to Schedule C. 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. Funding under this Agreement is dependent upon the COUNTY's receipt of funds from the WSDOT in accordance with the provisions of Contract Number GCA0924, a copy of which is attached hereto as Schedule C. The MUNICIPALITY shall not be reimbursed for work performed under this agreement until it has satisfied the parking review requirements identified in RCW 70.94.527(4)(e) to the satisfaction of WSDOT, and as detailed in Item 3 of the Schedule B, the Statement of Work. SECTION 5.Reportinq. The MUNICIPALITY shall submit to the COUNTY quarterly progress reports as detailed in Schedule B, and Attachment 1 of the WSDOT contract, Schedule C. 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 Department of Transportation and the State of Washington are not COMMUTE TRIP REDUCTION AGREEMENT -- Page 2 liable for damage or claims for damages arising from the performance or activities of the MUNICIPALITY, or any subcontractors, under the terms of this agreement. [Note: This provision is required by WSDOT Agreement paragraph 11 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. 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 fulfill in agreement, covenants, If, through any cause, the MUNICIPALITY shall fail to a timely and proper manner its obligations under this or if the MUNICIPALITY shall violate any of its 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 on actual work performed and actual costs incurred. COMMUTE TRIP REDUCTION AGREEMENT -- Page 3 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 4 INTERLOCAL AGREEMENT FOR COMMUTE TRIP REDUCTION PLANNING MUNICIPALITY 11-1 o F NO- Cl/IT O- ayor Date ohn Puccinelli Contract No. 98-26 Resolution R-98-26 ATTEST this (AL day of February, 1998: YAKIMA COUNTY BOARD OF YAKIMA COUNTY COMMISSIONERS Bettie Ingham, air ames tw William H. Flower, Commissioner • AGOr.ammy,`A/ ,w=a,4%/pOr r ommissioner DATE :`J1-th. (qq.1 l q 6 g L/7" ATTEST this parr day of February,1998: E. Hinojosa, Cler `+f.�'t l9`'.;BI,Et r�'��,,� z'' o: Approved as to form: I ern �© z o: O - u> .• yO�N 7� : a .oos'?°1'��liSe.a Deputy Prosecuting Attorney Date: COMMUTE TRIP REDUCTION AGREEMENT -- Page 5 SCHEDULE A CTR FUND DISBURSEMENT SCHEDULE 22 -Jan -98 FUND DISBURSEMENT FOR THE FOURTH BIENNIUM (JULY 1, 1997 through JUNE 30, 1999) JURISDICTION NUMBER OF EMPLOYERS IN JURISDICTION PROPORTIONAL SHARE BASED ON # OF EMPLOYERS FUND DISTRIBUTION & REPORTING COSTS TOTAL ALLOCATION SELAH 3 $33,985.57 $0.00 $33,985.57 TOPPENISH 2 $22,657.05 $0.00 $22,657.05 UNION GAP 2 $22,657.05 $0.00 $22,657.05 YAKIMA, CITY OF 11 $124,613.76 $0.00 $124,613.76 YAKIMA COUNTY 3 $33,985.57 $6,000.00 * $39,985.57 SUBTOTAL 21 $237,899.00 $6,000.00 $243,899.00 RTPO/YVCOG $14,000.00 ** TOTALS 21 $237,899.00 $6,000.00 $257,899.00 * - For Yakima County's lead agency responsibilities including contract administration, fund distribution, and reporting. ** - For the Yakima Valley Conference of Governments' lead agency responsibilities including training, surveying, information distribution, liaison work between the State and local governments, and coordination of activities among the locally affected jurisdictions. COMMUTE TRIP REDUCTION AGREEMENT -- Page 6 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. 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 counties with populations over 150,000, to develop ordinances, plans and programs to reduce vehicle miles traveled (VMT) and single -occupant vehicle (SOV) commute trips. The 1997 Legislature amended several sections of RCW 70.94.521-551 in order to enhance and improve the implementation of the CTR program. These counties, cities and towns are to establish and implement commute trip reduction (CTR) ordinances and plans for all major employers within their jurisdiction. CTR 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 plans and local comprehensive plans. Additionally, the trip reduction plans are to be consistent with the guidelines established by the CTR Task Force. OBJECTIVES: Yakima County (hereinafter referred to as the COUNTY), or its designated regional or county -wide authority, 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 70.94.521-551. 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 70.94.521-551, Transportation Demand Management. COMMUTE TRIP REDUCTION AGREEMENT -- Page 7 THE MUNICIPALITY SHALL: General Tasks 1. Maintain and administer a CTR ordinance and plan for affected employers within the corporate limits of the MUNICIPALITY according to the provisions of RCW 70.94.521-551; [Note: This provision is required by WSDOT Statement of Work, Item I.B.] 2. Provide WSDOT 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 WSDOT Statement of Work, Item I.D.] 3. If the MUNICIPALITY has not already done so, review parking policies and ordinances as they relate to major worksites, and any revisions necessary to promote the intent of the CTR law, ordinance, and plan. Provide a written summary of the parking review and any revisions undertaken to WSDOT prior to submitting to the County any invoices for reimbursement under this agreement; [Note: This provision is required by WSDOT Statement of Work, Item I.F.] 4. Maintain an appeals process consistent with RCW 70.94.534(6) procedures identified in the Commute Trip Reduction Task Force Guidelines whereby employers in the MUNICIPALITY may obtain a waiver or modification of CTR requirements, including the establishment of alternative SOV/VMT (single - occupant vehicle/vehicle miles traveled) goals, 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 WSDOT Statement of Work, Item III .B. ] 5. The MUNICIPALITY, or its designee, will submit to WSDOT a report summarizing overall costs incurred by the MUNICIPALITY in implementing RCW 70.94.521-551 within forty five (45) days after June 30, 1998 and thirty (30) days after June 30, 1999. Costs shall be reported in a format approved by WSDOT; [Note: This provision is required by WSDOT Statement of Work, Item I . H . ] 6. The MUNICIPALITY, or its designee, will establish and COMMUTE TRIP REDUCTION AGREEMENT -- Page 8 maintain books, records, documents, and other evidence and accounting procedures and practices, sufficient to reflect properly all direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred solely for the performance of this Agreement. To facilitate the administration of the work described in this agreement, separate accounts shall be established and maintained within the Contractor's existing accounting system or set up independently. Such accounts are referred to herein collectively as the "CTR Account". All costs charged to the CTR Account, including any approved services contributed by the jurisdiction or others, shall be supported by properly executed payrolls, time records, invoices, contracts, vouchers, or products evidencing in proper detail the nature and propriety of the charges; [Note: This provision is required by WSDOT Statement of Work, Item I.J.] 7. The MUNICIPALITY, or its designee, will participate in local implementation of the statewide CTR public awareness and recognition programs developed by WSDOT; [Note: This provision is required by WSDOT Statement of Work, Item I.L.] 8. The MUNICIPALITY, or its designee, will submit any requests for waivers or modifications, including requests for goal modifications, to the WSDOT technical assistance team for review and comment within five (5) days of receiving such requests. The MUNICIPALITY, or its designee, shall not approve or deny any such requests until receiving comment on the request as specified under WSDOT Task I.B. of the WSDOT contract, Schedule C; [Note: This provision is required by WSDOT Statement of Work, Item III.D.] 9. The MUNICIPALITY, or its designee, will use the State - provided "Program Description & Employer Annual Report" or have its form(s) reviewed by WSDOT for data compatibility and consistency with the State "Program Description & Employer Annual Report" form; [Note: This provision is required by WSDOT Statement of Work, Item IV.B.2.] 10. The MUNICIPALITY, or its designee, will submit to the COUNTY, or its designee, as a central clearinghouse, quarterly reports in the format provided in Attachment 1 of the WSDOT contract, Schedule C, that adequately and accurately assess the progress made by each jurisdiction in implementing RCW 70.94.521-551 within thirty (30) days of the end of each COMMUTE TRIP REDUCTION AGREEMENT -- Page 9 quarter for the first seven (7) quarters and within fifteen (15) days of the end of the final quarter; [Note: This provision is required by WSDOT Statement of Work, Item V.B.] 11. The MUNICIPALITY, or its designee, will submit to the COUNTY, or its designee, as a central clearinghouse, as part of the quarterly report identified in Attachment 1 of the WSDOT contract, Schedule C, one (1) hard copy of each "Program Description & Employer Annual Report" approved by the jurisdiction, or its designee, during the previous quarter; [Note: This provision is required by WSDOT Statement of Work, Item IV.B.4.] 12. 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 WSDOT-specified format (Attachment 2 in the WSDOT contract, Schedule C) at least three weeks prior to submitting survey forms for processing; [Note: This provision is required by WSDOT Statement of Work, Item VI.B.] 13. The MUNICIPALITY, or its designee, will return all survey report forms to their respective employer(s) within the MUNICIPALITY within thirty (30) days of receipt from the State, and will return all processed CTR Employee Questionnaires unaltered to their respective employer(s) within ninety (90) days of receipt from the State; [Note: This provision is required by WSDOT Statement of Work, Item VI.D.] COMMUTE TRIP REDUCTION AGREEMENT -- Page 10 SCHEDULE C INTERGOVERNMENTAL AGREEMENT WASHINGTON STATE DEPARTMENT OF TRANSPORTATION and YAKIMA COUNTY g • \wpdata\johng\tdm\cities \intlb4yk. doc COMMUTE TRIP REDUCTION AGREEMENT -- Page 11 Washington State Department of Transportation Yakima County 310 Maple Park Avenue 128 N. 2"d street PO Box 47387 Yakima, WA 98901 Olympia, WA 98504-7387 Contact Person: T.J. Johnson Contact Person: John Gruber AGREEMENT START DATE COMPLETION PROJECT TITLE DESCRIPTION OF WORK NUMBER DATE GCA0924 JULY 1, 1997 JUNE 30, 1999 Development and Implementation of Commute Trip Reduction (CTR) Plans and Programs This Agreement, entered into by and between Yakima County (hereinafter referred to as the County or Contractor) and the Washington State Department of Transportation (hereinafter referred to as WSDOT), WITNESS THAT: WHEREAS, WSDOT has the statutory authority under Section 2 of RCW 70.94.541 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, WSDOT also has the responsibility to administer programs and projects assigned to WSDOT by the Governor or the Washington State Legislature; and WHEREAS, Revised Code of Washington (RCW) 70.94.544 directs WSDOT to proportionally distribute funds to the counties based on the number of affected worksites and that the counties proportionally distribute the funds to the cities with Commute Trip Reduction (CTR) plans based on the number of • affected worksites; and WHEREAS, WSDOT hereby desires to engage the County to perform certain tasks as hereinafter agreed upon by both parties, and referred to asStatementof Work attached hereto and made part of this Agreement for all intents and purposes. NOW, THEREFORE, in consideration of covenants, conditions, performances and promises 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 $257,899. 2. 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, 1997. The agreement expiration date shall be June 30, 1999. 1 4. REIMBURSEMENT PROVISIONS The County shall submit an invoice voucher (state form A-19) to WSDOT within forty-five (45) days of the end of each quarter for the first seven (7) quarters and within thirty (30) days of the end of the final quarter. Invoices received more than 30 days after the end of the final quarter will not be paid. Within thirty (30) days after receiving the voucher and upon approval, WSDOT shall remit to the County a warrant for payment. All invoices and warrants shall be based on and paid on actual work performed and actual costs incurred up to the maximum amount identified in this contract. WSDOT will withhold 12.5% of the total contract amount until the final quarter in order to ensure completion of all tasks identified in this agreement. The County shall not be reimbursed for work performed under this agreement until it has satisfied the parking review requirements identified in RCW 70.94.527(4)(e). The County shall not reimburse local jurisdictions or their designees for work performed under this agreement or any interlocal agreements developed pursuant to this agreement until the local jurisdiction or its designee has satisfied the parking review requirements identified in RCW 70.94.527(4)(e) as detailed in Section IF of this agreement. 5. EVALUATION AND MONITORING a. The County shall cooperate with and freely participate in any monitoring or evaluation activities conducted by WSDOT that are pertinent to the intent of this Agreement. b. WSDOT 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 WSDOT 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. 6. QUARTERLY REPORTING The County shall remit to WSDOT quarterly reports as described in the Statement of Work. for WSDOT to adequately and accurately assess the progress made by each jurisdiction in implementing RCW 70.94.521-551. These reports shall be submitted to WSDOT within forty-five (45) days after the end of the quarter for the first seven (7) quarters and within thirty (30) days of the end of the final quarter. 7. 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 or age; Vietnam -era or disabled -veteran status; or the presence of any sensory, mental or physical disabilities. 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. 8. AGREEMENT MODIFICATIONS WSDOT and the County may request changes in service to be performed with the funds. Any such changes that are mutually agreed upon by WSDOT 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. 2 9. TERlYIINATION 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 the covenants, agreements or stipulations of this Agreement, WSDOT 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. 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 WSDOT prior to the effective date of such termination, shall be paid on actual work performed and actual costs incurred. 10. SPECIAL PROVISION Any WSDOT 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. 11. 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 WSDOT 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 service or activities utilizing funds provided in whole or part by this Agreement shall include a provision that the WSDOT 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. 12. GOVERNING LAW AND VENUE This 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. 13. 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 affect 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. 14. 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, WSDOT 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 WSDOT is required to institute legal 3 proceedings to enforce the recapture provision, WSDOT shall be entitled to its cost thereof, including reasonable attorneys fees. 15. REDUCTION IN FUNDS The WSDOT 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. 16. ADMINISTRATION a. WSDOT's key person shall be T.J. Johnson b. The County's key person shall be John Gruber, or his designee. 17. 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. 18. FINAL PAYMENT Final invoice payment will be made upon completion of all tasks as specified in the Statement of Work. 19. TERMS AND CONDITIONS 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. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION By Title ��U, prrt- f r Date f—ay-47 cE,c/Rm-Al► BOARD Title OF CDC,4J7 CoMMISS/t#JERS This/ 5 7 day of ,019 3 7 Date %.77.10 a 4, /447 APPROVED AS TO FORM Assistant Attorney Gener, This /-(4-) day ofqus, 19 97 APPROVED AS TO FORM Deputy Pro - c ting Attorney 4 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 the 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 counties with populations over 150,000, to develop ordinances, plans and programs to reduce vehicle miles traveled and single occupant vehicle commute trips. The 1997 Legislature amended several sections of RCW 70.94.521-551 in order to enhance and improve implementation of the CTR program. 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 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 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. OBJECTIVES: Yakima 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 Department of Transportation (WSDOT) 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. CONTRACTOR (COUNTY) TASKS: I. 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. 5 C. Provide WSDOT 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 WSDOT 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. Include a provision in all C 1'1Z interlocal agreements with all jurisdictions which become affected by the CTR law after July 1, 1996, stating that they will review parking policies and ordinances as they relate to major 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 all jurisdictions which become affected by the CTR law after July 1, 1996, will provide written summary of the parking review and any revisions undertaken to WSDOT within twenty four (24) months of signing the interlocal agreement. F. Include a provision in all CTR interlocal agreements stating that local jurisdictions which were subject to the requirements of RCW 70.94.521-551 prior to July 1, 1996 and which have not yet done so will review parking policies and ordinances as they relate to major worksites and any revisions necessary to promote the intent of the CTR law, ordinance, and plan and will provide written summary of the parking review and any revisions undertaken to WSDOT prior to submitting to the County any invoices for reimbursement under this agreement. G. Submit to WSDOT within forty five (45) days after June 30, 1998 and thirty (30) days after June 30, 1999 a report summarizing overall costs incurred by the County in implementing RCW 70.94.521-551. Costs shall be reported in a format approved by WSDOT. H. Include a provision in all CTR interlocal agreements stating that local jurisdictions, or their designees, will within forty five (45) days after June 30, 1998 and thirty (30) days after June 30, 1999, submit to WSDOT a report summarizing overall costs incurred by the jurisdiction in implementing RCW 70.94.521-551. Costs shall be reported in a format approved by WSDOT. Establish and maintain books, records, documents, and other evidence and accounting procedures and practices, sufficient to reflect properly all direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred solely for the performance of this Agreement. To facilitate the administration of the work described in this agreement, separate accounts shall be established and maintained within the Contractor's existing accounting system or set up independently. Such accounts are referred to herein collectively as the "CTR Account". All costs charged to the CTR Account, including any approved services contributed by the County or others shall be supported by properly executed payrolls, time records, invoices, contracts, vouchers, or products evidencing in proper detail the nature and propriety of the charges. J. Include a provision in all CTR interlocal agreements stating that local jurisdictions, or their designees, will establish and maintain books, records, documents, and other evidence and accounting procedures and practices, sufficient to reflect properly all 6 direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred solely for the performance of this Agreement. To facilitate the administration of the work described in this agreement, separate accounts shall be established and maintained within the Contractor's existing accounting system or set up independently. Such accounts are referred to herein collectively as the "CTR Account". All costs charged to the CTR Account, including any approved services contributed by the jurisdiction or others shall be supported by properly executed payrolls, time records, invoices, contracts, vouchers, or products evidencing in proper detail the nature and propriety of the charges. K. Participate in local implementation of the statewide CTR public awareness and recognition programs developed by WSDOT. L. Include a provision in all interlocal agreements that local jurisdictions, or their designees, will participate in local implementation of the statewide CTR public awareness and recognition programs developed by WSDOT. II. 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 WSDOT a list of dollar amounts to be disbursed by the County to local jurisdiction(s) or a county fund dispersion methodology within thirty (30) days of approval of any interlocal agreements bet -ween the County and affected jurisdiction(s). D. Serve as a liaison between WSDOT 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 consistent with RCW 70.94.534(6) and procedures identified in the Commute Trip Reduction Task Force Guidelines whereby employers in the unincorporated County may obtain a waiver or modification of CTR requirements, including the establishment of alternative SOV/VMT goals, 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 consistent with RCW 70.94.534(6) procedures identified in the Commute Trip Reduction Task Force Guidelines whereby employers in the local jurisdiction may obtain a waiver or modification of CTR requirements, including the establishment of alternative SOV/VMT goals, 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 any requests for waivers or modifications from CTR requirements, including requests for goal modifications, to the WSDOT technical assistance team for review and comment within five (5) days of receiving such requests. The County shall not 7 approve or deny any such requests until receiving comment on the request as specified by this agreement under WSDOT Task 1B. D. Include a provision in all CTR interlocal agreements stating that local jurisdictions, or their designees, will submit any requests for waivers or modifications, including requests for goal modifications, to the WSDOT technical assistance team for review and comment within five (5) days of receiving such requests. Include a provision in all CTR interlocal agreements stating that local jurisdictions, or their designees, shall not approve or deny any such requests until receiving comment on the request as specified by this agreement under WSDOT Task 1B. W. Annual Progress Reporting A. The quarterly reports submitted as described in Section V shall constitute fulfillment of the jurisdiction annual reporting requirements of RCW 70.94.527(8). B. Employer Annual Progress Reporting 1. Use the state -provided "Program Description & Employer Annual Report" form or have the County form reviewed by WSDOT for data compatibility and consistency with the state "Program Description & Employer Annual Report" form. 2. 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 foini(s) reviewed by WSDOT for data compatibility and consistency with the state "Program Description & Employer Annual Report" form. 3. Submit to WSDOT as part of the quarterly report identified in Attachment 1 one (1) hard copy of each "Program Description & Employer Annual Report" approved by the County during the previous quarter. 4. Include a provision in all CTR interlocal agreements that local jurisdictions, or their designees, will submit to WSDOT as part of the quarterly report identified in Attachment 1 one (1) hard copy of each "Program Description & Employer Annual Report" approved by the jurisdiction, or their designee, during the previous quarter. V. Quarterly Reporting A. With the invoice vouchers, submit to WSDOT quarterly progress reports in the format provided in Attachment 1, that adequately and accurately assess the progress made by each jurisdiction in implementing RCW 70.94.521-551 within forty-five (45) days of the end of each quarter for the first seven (7) quarters and within thirty (30) days of the end of the final quarter. B. Include a provision in all CTR interlocal agreements stating that local jurisdictions, or their designees, will submit to WSDOT quarterly reports. in the foiniat provided in Attachment 1, that adequately and accurately assess the progress made by each jurisdiction in implementing, RCW 70.94.521-551 within forty-five (45) days of the end of each quarter for the first seven (7) quarters and within thirty (30) days of the end of the final quarter. 8 VI. Surveying A. Provide WSDOT, or its designee, any and all updated or new employer, jurisdiction, zone, or county CTR survey database information. CTR survey database information must be submitted in WSDOT-specified format (Attachment 2) at least two weeks prior to submitting survey forms for processing. 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 WSDOT-specified format (Attachment 2) at least three weeks prior to submitting survey forms for processing. C. Return all survey report forms to their respective employers(s) within the unincorporated county within thirty (30) days of receipt from the state, and return all processed CTR Employee Questionnaires unaltered to their respective employer(s) within ninety (90) days of receipt from the state. D. Include a provision in all CTR interlocal agreements stating that local jurisdictions, or their designees will return all survey report forms to their respective employers(s) within the jurisdiction within thirty (30) days of receipt from the state, and will return all processed CTR Employee Questionnaires unaltered to their respective employer(s) within ninety (90) days of receipt from the state. WSDOT TASKS: Technical Assistance A. Through the Technical Assistance Team (TAT), provide support in developing and implementing CTR plans and programs, including providing training, infoiuiational materials, and assistance in CTR evaluation. Assist with overall CTR outreach on a statewide basis. B. Review and comment on requests for waivers and modifications, including requests for goal modifications, within five (5) days of receiving such requests. Failure to review and comment on such requests within five (5) days shall be considered a forfeiture of the right to comment on the request. C. Maintain a current database of all affected worksites in Washington State. Input new and/or updated worksite information within 5 working days of receipt from local jurisdictions. Implement an internal verification process to ensure all new and/or updated information is input in a timely and accurate manner. D. Develop and implement employer training programs to support local implementation of the CTR program as needed. Maintain and periodically update existing training programs. E. Develop and implement statewide C 1'R public awareness and recognition programs to support local implementation of the CTR program in affected jurisdictions. II. Annual Reporting Assistance A. Distribute in sufficient quantities 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. 9 III. Survey Assistance A. Provide the County, local jurisdictions, or their designees, with summary survey information as requested. 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, and affected employers, or their designees, for the Employee Questionnaire during the base year and all subsequent measurement years. D. Provide technical assistance to the County, local jurisdictions, or their designees on surveying, as requested. E. Return the processed Employee Questionnaires to the County, local jurisdictions, or their designees within thirty (30) days of the date the forms are delivered for processing. F. 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. Provide the state -developed "CTR Guide for Employer Surveys" in sufficient quantities as requested by the County, local jurisdictions, or their designees. IV. Quarterly Reports and Invoice Vouchers 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 the actual amount billed by the county for the previous quarter, WSDOT will withhold 12.5% of the total contract amount until the final quarter in order to ensure completion of all tasks identified in this agreement. 10 Attachment 1 Quarterly Report Format • Name of the Jurisdiction or Organization Submitting Report • Submitted on behalf of following Jurisdiction(s) • Contact Person Name • Contact Person Phone and Fax Number 1. Past Quarter's CTR events and projects: A detailed summary of implementation assistance provided to affected employers within the jurisdictions such as site visits, program review, training, networking opportunities, products & services, publications and promotion materials. 2. Next Quarter's CTR events and projects: A description of scheduled events, projects, and implementation assistance to be provided to affected employers within the jurisdiction during the next quarter such as site visits, program review, training„ networking opportunities, products & services, publications and promotion materials 3. CTR Funds Disbursed to Jurisdictions (to be completed by the County only) Jurisdiction Disbursed Previous Quarter Total Disbursed Fiscal Year to Date Jurisdiction A $ $ Jurisdiction B $ $ (etc) Total Disbursement $ $ 11 4. Expenditures This Quarter List actual total expenditures on the last line of the following table. Estimate expenditures by category as indicated. Categories This Quarter CTR Fund Expenditures CTR Fund Expenditures Year To Date Administration (List only staffsalaries, benefits, travel and training) $ $ Public Information, Awareness, and Recognition $ $ Employer Services funded through state CTR funds (GRH, Shuttles, Vanpool, etc.) $ $ Employer Assistance/Promotion $ $ Employer Training $ $ Other (Specify) $ $ Other (Specify) $ $ Total $ S 5. List of state certified CTR Program Reviewers Ex) John Who City of X CTR Office PO Box 1234 X, WA 98000 6. Jurisdiction (s) Contact Names, Address, and Phone Numbers Jurisdiction A John Who City of X PO Box 1234 X, WA 98000 Phone (206) 999-9999 7. Additions, Deletions, and Changes to the List of Affected Employers & Worksites in the Jurisdiction. City of X JCODE • E30100 • Employer • Site Address • Site City, State Zipcode • ETC Contact Name • Address • City, State Zipcode • ETC's Phone • ETC's Fax • Affected Date • Unaffected Date (if applicable) • Annual Report Date • Zone Code 12 8. Total Number of Affected Worksites in Jurisdiction Affected Jurisdiction Number of Affected Worksites Increase/Decrease From Last Quarter Jurisdiction A 15 +1 9. List of Sites Which Have Applied for Exemptions or Goal Modifications Employer Name Request Granted or Denied Effective Date 10. Employer Annual Reports Approved During the Quarter Attach one hard copy of any employer annual reports approved by the jurisdiction during the quarter. 13 Attachment 2 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.). Typically, the State will gather new and revised information via hard copy (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 file (dbf), assuming it conforms to the specifications below. Field Length Description CTRID C,6 WksName C,60 WksBranch C,60 WksStreet C,60 WksCity C,45 WksState C,2 WksZip C,10 Contact C,60 CTCompany C,60 CTAddress C,60 CTStreet C,60 CTCity C,45 CTState C,2 CTZip C,10 Jcode C,6 Zcode C.6 Ccode C,6 Scode C,6 ZoneMiles N,6 BaseSOV C.20 Goa1SOV 1 C,20 Goal SOV2 C,20 Goa1SOV3 C,20 WBaseSOV C,20 WGoalSOV2 C,20 WGoalSOV3 C,20 Base VMT C,20 GoalVMT1 C,20 Example worksite ID company name 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 SOV zone goal 1 value SOV zone goal 2 value SOV zone goal 3 value worksite base SOV value worksite goal 2 SOV value worksite goal 3 SOV value zone base VMT value VMT zone goal 1 value 14 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% 63.75% 55.25% 90% 63.0% 58.5% 9.3 miles 7.90 miles Field Length Description Example Goa1VMT2 C,20 VMT zone goal 2 value 6.97 miles GoalVMT3 C,20 VMT zone goal 3 value 6.04 miles WBaseVMT C,20 worksite base VMT value 10.0 miles WGoa1VMT1 C,20 worksite goal 1 VMT value 8.5 miles WGoalVMT2 C,20 worksite goal 2 VMT value 7.5 miles WGoa1VMT3 C,20 worksite goal 3 VMT value 6.5 miles ABATE D,20 Affected Date for Worksite 8/17/96 Note: The example given is an employer (worksite) record. Not all fields would be filled for jurisdiction, zone, or county records. 15 ITEM TITLE: SUBMI II`ED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO. / 3 FOR MEETING OF: 2/17/98 RESOLUTION FOR INTERLOCAL AGREEMENT: COMMUTE TRIP REDUCTION FUND DISBURSEMENT Glenn Valenzuela, Director, Dept. of Community & Econo Development John Elsden, Senior Project Planner 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 and implementation. Schedule A, located on page 6 of the agreement, indicates that the City of Yakima is scheduled to receive $124,613.76 for the biennium from July 1, 1997 through June 30, 1999. This figure represents an increase of $4,613.76 from the previous biennium. Only funds actually expended will be reimbursed by WSDOT through Yakima County. Resolution X Ordinance Contract Other(Specify) INTERLOCAL AGREEMENT Funding Source: Washington State Commute Trip Reduction Funding, disbursed through Yakima County APPROVED FOR SUBMITTAL: R \� City Manager STAFF RECOMMENDATION: Adopt attached Resolution for Commute Trip Reduction fund distribution BOARD RECOMMENDATION: COUNCIL ACTION: