HomeMy WebLinkAboutR-1993-125 CommuteRESOLUTION NO. R-93- 125
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 to implement a plan to
reduce commute trips of major employers 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.
30th
ADO111'ED BY THE CITY COUNCIL THIS day of
November ,1993.
ATTEST:
L f zzr-41
Mayor
City Clerk
INTERLOCAL AGREEMENT FOR COMMUTE TRIP REDUCTION PLANNING
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 94-04-11
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 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 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 94-04-11, 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 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 required by WSEO 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.
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
�i 3
Mayor or City Manager
ATTEST this ,2 day of
November, 1993:
City Clerk
c � .C.,.r:,.&_ 9 3--iUA-Cj3 -I
Approved as to form:
Date
YAKIMA COUNTY
BOARD OF YAKI e COUNTY COMMISSIONERS
/V ®�'c�'2'c-��
Charles J. /rich, Chairman
4110110 .:ori
Bet
e Ingham, C
Air
issioner
ames M.
DATE:
1
Commissioner
zczid-ex /17') 1993
ATTEST this i, day of, r,
1,93: aTr
Sy E. Hinojosa
Cle of the Board
Appr. -d as to form:
111/
✓ce -.4/
Cit Attorney Deputy Prosecuting Attorney
Date:
1/2714/q--
Date: i-13/9 3
COMMUTE TRIP REDUCTION AGREEMENT -- Page 4
SCHEDULE A
CTR FUND DISBURSEMENT SCHEDULE
10/28/93
TABLE A
FUND DISBURSEMENT FOR THE SECOND BIENNIUM
(JULY 1, 1993 through JUNE 30, 1995)
JURISDICTION
NUMBER OF
EMPLOYERS
IN JURISDICTION
PROPORTIONAL
SHARE BASED ON
# OF EMPLOYERS
FUND DISTRIBUTION
&
REPORTING COSTS
TOTAL
ALLOCATION
SELAH
3
$25,384.62
$0.00
$25,384.62
TOPPENISH
2
$16,923.08
$0.00
$16,923.08
UNION GAP
3
$25,384.62
$0.00
$25,384.62
YAKIMA, CITY OF
14
$118,461.54
$0.00
$118,461.54
YAKIMA COUNTY
4
$33,846.15
$6,000.00
$39,846.15
SUBTOTAL
26
$220,00.0.00
• $6,000.00
$226,000.00
PTBA/RTPO/YVCOG
•
$14,000.00
TOTALS
26
$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
$3,173.08
$0.00
$3,173.08
TOPPENISH
2
$2,115.38
$0.00
$2,115.38 j
UNION GAP
3
$3,173.08
$0.00
$3,173.08 j
YAKIMA, CITY OF
14
$14,807.69
$0.00
$14,807.69
YAKIMA COUNTY
4
$4,230.77
$750.00
$4,980.77
SUBTOTAL
26
$27,500.00
$750.00
$28,250.00
PTBA/RTPOIYVCOG
•
$1,750.00
TOTALS
26
$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, 1993 -- June 30, 1995). Cities
and counties are to continue project administration, which includes,
but is not limited to: submittal of initial employer program
descriptions, employer annual reports (1994, 1995), 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 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 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
WSEO with a public hearing notice and copies of any CTR -related
amendments to parking ordinances within the first week of the
public review period, and final copies of such action within one
(1) month of adoption;
[Note: This provision required by WSEO Statement of Work,
Item I.F.]
4. 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 required by WSEO Statement of Work,
Item I.H.]
5. 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 required by WSEO Statement of Work,
Item III.B.]
COMMUTE TRIP REDUCTION AGREEMENT -- Page 7
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.
2) Administrative Review. If thereis 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 required by WSEO Statement of Work,
Item III.D.]
7. The MUNICIPALITY, or its designee, will provide WSEO with a list
of affected employer worksites in the MUNICIPALITY with the number
of affected employees, as defined by the CTR Guidelines, at each
worksite by April 30 of each year;
[Note: This provision required by WSEO Statement of Work,
Item I.J.]
8. The MUNICIPALITY, or its designee, will provide an annual progress
report to WSEO by June 30, 1994 and June 30, 1995 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;
[Note: This provision required by WSEO Statement of Work,
Item IV.B. and E.]
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.
COMMUTE TRIP REDUCTION AGREEMENT -- Page 8
[Note: This provision 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 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 required by WSEO Statement of Work,
Item VII.D.]
12. Provide to the COUNTY, as a central clearinghouse, the following
information and reports for joint submission to the WSEO:
12.1 Quarterly reports summarizing CTR events within the
municipality and a list of scheduled CTR events in the next
quarter. The quarterly reports shall be submitted no later
than the end of the quarter.
12.2 The MUNICIPALITY, or its designee, will provide the COUNTY,
or its designee, with an updated or new employer database
information which includes: affected employers, total
employees, affected employees, employee transportation
coordinator (including address and phone number), and firm's
chief executive officer.
12.3 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 (3) weeks prior to submitting survey forms for
processing.
[Note: This provision required by WSEO Statement of Work,
Item VI.B.]
12.4 The MUNICIPALITY, or its designee, will return all processed
CTR Employee Questionnaires and Supplemental 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 required by WSEO Statement of Work,
Item VI.D,]
COMMUTE TRIP REDUCTION AGREEMENT -- Page 9
12.5 Results of
accomplished
12.6 Copies of
MUNICIPALITY
•
any formal employer or employee surveys
in cooperation with the County.
trip reduction programs approved by the
12.7 Other information at the MUNICIPALITY's discretion.
COMMUTE TRIP REDUCTION AGREEMENT -- Page 10
SCHEDULE C
INTERGOVERNMENTAL AGREEMENT
WASHINGTON STATE ENERGY OFFICE and YAKIMA COUNTY
johngr\tdm\general\intlagr.yr2
COMMUTE TRIP REDUCTION AGREEMENT -- Page 11
July 1993
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: Kristine Growdon
Maximum Amount: $240,000
Beginning Date: July 1, 1993
Contract 94-04-11
Yakima County
128 N. 2nd Street, Room 408
Yakima, WA 98901
Re: John Gruber
Expiration Date: June 30, 1995
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 plans; 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
The total funds to be reimbursed to the County for the agreement period shall not exceed
$240,000.
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, 1993. The termination date shall be June
30, 1995.
DISBURSEMENT 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.
Contract 94-04-11
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.
6. 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 June 30, 1994 and June 30, 1995.
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, 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.
8. 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.
9. 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.
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.
10. 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.
Contract 94-04-11
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 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.
12. 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.
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 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.
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, 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.
15. 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.
16. ADMINISTRATION
a. The Energy Office key personnel shall be Kristine Growdon.
b. The County's key personnel shall be John Gruber.
17. AMERICANS WITH DISABILI11hS 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.
Contract 94-04-11
This agreement contains all the terms and conditions agreed upon by the parries. 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.
APPR
Assistant Attorney Geral
day of . , 19 5
This
STATE OF WASHINGTON
WASHINGTON STATE ENERGY OFFICE
By () t•Ca
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Title
Date 3 S3
CONTRACTOR
Yale
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Title CHA/lR/Ii ' -D
ca..14 T YV/SS/C S
Date cf—/-7-9.3
Contract 94-04-11
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 will be 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, 1995 the
period of this contract) covers ongoing project administration, including, but not limited to: submittal of
employer initial program descriptions (1993), employer annual reports (1994. 1995), 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.
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.
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 WSEO with a public hearing notice and copies of any
CTR -related amendments to parking ordinances within the first week of the public review
period, and final copies of such action within one (1) month of adoption.
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 WSEO with a public
hearing notice and copies of any CTR -related amendments to parking ordinances within
the first week of the public review period, and final copies of such action within one (1)
month of adoption.
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 fmal copies
of such action within one (1) month of adoption.
Provide WSEO with a list of affected employer worksites in the unincorporated County
with the number of affected employees, as defined by the CTR Guidelines, at each
worksite by April 30 of each year.
J. Include a provision in all CTR interlocal agreements stating that local jurisdictions, or
their designees, will provide a list of affected employer worksites in their jurisdiction
with the number of affected employees, as defined by the CTR Guidelines, at each
worksite to WSEO by April 30 of each year.
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 local jurisdictions, or their designees, within the county implementing
CTR plans and ordinances as required by RCW 70.94.544.
C. Provide 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 local 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.
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 June 30,
1994 and June 30, 1995 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 June 30, 1994 and
June 30, 1995 in the format described in Section N.E. of this Agreement.
C. Use the state -provided "Program Description & Employer Annual Report" 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" 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.
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.
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 summarizing past
quarter's CTR events and projects within the county and a list of scheduled CTR events
and/or projects in the next quarter including all CTR training classes, within thirty (30)
days of the end of each quarter.
VI. Surveying
A. Provide WSEO, 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 WSEO-specified format (Attachment 1) 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 WSEO-specified format
(Attachment 1) at least three weeks prior to submitting survey forms for processing.
C. Return all processed CTR Employee Questionnaires and Supplemental 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 and
Supplemental 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.
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 and Supplemental 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 and Supplemental 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 and Supplemental 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 and Supplemental 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#24941 -- Transportation Demand Management.
ATTACHMENT 1
Commute Trip Reduction Survey Database Information Format
In order to generate ClR 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 U11( 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 (but not revisions) electronically.
POGO (software provided by the Washington State Energy Office) meets the required format. County
lead agencies also have the option to submit new information as a generic database file (dbf), assuming it
conforms to the specifications below.
FIELD LENGTH
GrpCode C,6
GrpName C,60
GrpB ranch 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
ToState C,2
ToZip C,10
Jcode C,6
Zcode C,6
Ccode C,6
Scode C,6
ZoneMiles N,6
DESCRIPTION
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 avg. trip length
EXAMPLE*
E25189
Silver Tree Publications
Main Street branch
900 Main Street, Suite B
Sometown
WA
98905
Bernie Burts
Silver Tree Enterprises
P.O. Box 3489
6507 West Mayfield
Sunny Springs
NY
10092-3489
J906
Z4102
C41
S1
(N/A-- for zone records only)
Note: The example given is an employer (worksite) record. Not all fields would be filled for
jurisdiction, zone, or county records.