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3449
KIT SAP TRANSIT
Commute Trip Reduction
PW Admin
LEG 12-1
11/18/1992
06/30/2011
04/01/2011
Automatic 2 year extensions
Termination w/90 days written notice
Dec-10-97 05:39P Cityjf Breme~ton +1~0 478-5251 P.01
ADMINISTERING COMMUTE TRIP REDUCTION
PLANS/ORDINANCES
AGREEMENT
This AGREEMENT, entered into by and between Kiteap County (hereinatter referred to u the
COUNTY), and the City of Bainbridse Island, the City of Bremerton, the City of Port Orchard,
and the City ofPoulsbo (her~udter referred to as the CITIES), and Kitsap County Public Transit
Benefit Area Authority 01ereinaiter referred to as K1TSAP TRANSIT), hereinafter collectively
referred to as the PARTIES, WITNESS THAT;
WHEREAS, the Washington State Legislature enacted the Commute Trip Reduction
. (CTR) Law (R. CW 70.94.521-551) requiring counties experiencing significant
automobile-related air pollution and traffic congestion to develop, implement and adopt by
ordinance CTR plans and ordinances to reduce single-occupant vehicle commute trips; and
WHEREAS, the PARTIES entered into an Interlocal Agreement designating KITS.M)
TRANSIT as the lead asency responsible for coordinating the development and
implementation of the CTR plans and ordinances within K, itsap County; and
WHEREAS, KITSAP TRANSIT developed a common CTR plan and ordinance that was
adopted into law by the COUNTY and CITIES', and
WHEREAS, the CTR ordinances of the COUNTY and CITIES determine that it is within
the best interest of the public to enter into an interlocal agreement with KITSAP
TRANSIT, whereby KITSAP TRANSIT will be the lead agency responsible for
implementin$ and administering the COUNTY'S and CITI]ES' CTR plans and ordinances;
and
WHEREAS, the COUNTY may receive and distribute funds from the Washington Slate
Department of Transportation (WSDOT) to support the implementation and
administration of the CTR plans and ordinances within Kitsap County; and
WHEREAS, the COUNTY and CITIES previously agreed via interlocal agreement that
KITSAP TRANSIT will receive and manage the CTR state funds given to the COUNTY;
and
WHEREAS, the COUNTY and CITIES, in compliance with their ordinances, hereby
desire to designate KITSAP TRANSIT as the lead agency responsible for the
administration of the CTR plans and ordinances within Kitsap County.
Dec-10-97 05:39P City~f Bremerton +13~60 478-5251 P.02
· · ' NOW, THEREFORE, in consideration of covenants, conditions, performances and promises
hereinafter contained, the PARTIES hereto agree as follows:
1. ~ The recitals set forth above, constituting a basis of the agreement of the
PARTIES, are incorporated herein by references as if fully set forth.
2. SERVICE PROVISIONS: THE PARTIES shall perform the services spedfied in the
"STATEMENT of WORK" attached es Exhibit A, which is made a part of this
AGREEMENT by this reference.
3. FUND~G: The COUNTY shall remit to KITSAP TRANSIT, within twenty (20) days
of receipt, all funds provided by WSDOT to support CTR planning and administration
within Kitsap County.
4. CHANGE IN FUNDING: This AGREEMENT is contingent upon continued
· availability of Washington State funds for CTR. Iftbe State funds for CTR are reduced or
eliminated, the PARTIES shall review this AGREEMENT to determine the course of
future CTK activities in Kitsap County and any amendments to this AGKEEMENT that
may be required.
5. AGREEMENT PERIOD: This AGREEMENT is effective as of,July 1, 1997. The
term of this AGREEMENT shall be from the effective date until June 30, 2005, provided
that said term shall be extended automatically for additional and consecutive twenty-four
(24) month terms.
6. ~[~ The COUNTY, and/or KITSAP TRANSIT may terminate this
AGREEMENT by providing written notice of such termination, specifying the effective
date thereof, at least ninety (90) days prior to such date. Reimbursement for services
performed by KITSAP TRANSIT, and not otherwise paid for by the COUNTY prior to
the effective date of such termination shall be paid as a pro rate portion of the applicable
quarterly reimbursement amount.
7. ~ One or more CITIES may withdraw from this AGREEMENT by
providing written notice of such intent, specifying the effective date thereof, at least ninety
(90) days prior to such date. Such a withdrawal shall not affect other terms or conditions
of this AGREEMENT between the remaining PART]~S. To this end, a withdrawal by a
City from this AGREEMENT is declared severable·
8. AGREEMENT MODIFICATIONS: Any party may request changes to this
AGREEMENT. Any such changes that are mutually agreed upon shall be incorporated
herein by written amendment of this AGREEMENT. No variation or alteration of the
terms of this AGREEMENT shall be valid unless made in writing and signed by the
PARTIES hereto.
Dec-10-97 05:39P City__of Bremerton +13~60 478-5251 P.03
' 9. NONDISCRIMINATION: The PARTIES, in performance of this AGREEMENT, shall
comply with all applicable local, state, and/or federal laws and ordinances, and agree that
they shall not discriminate against any person who is paid, for work completed, by funds
indicated in this AGR~e~E~ or again.~t any applicant for such employment on the
grounds of race, color, religion, national origin, age, veteran status, or the presence of any
sensory, mental, or physical disability. The PARTIES shall make reasonable
accommodations to the sensory, mental, or physical disabilities of applicants and
employees throughout the personnel process. In determining the extent of reasonable
accommodation, the following factors will be considered: the safe and efficient operation
of the orsanization; feasible financial costs and expenses; and the overall type and size of
the organization's operation.
10. ]~VALUATION AND MONITORING: The PARTIES shall cooperate and fi.eety
participate in any monitoring or evaluation activities conducted by the WSDOT that are
pertinent to the intent of this AGREEMENT. The 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 the WSDOT or the State Auditor may deem necessary, all
ofKITSAP TRANSIT's records with respect to ail matters covered in this
AGREEMENT. Such representatives shall be permitted to audit, examine, and make
excerpts or transcripts fi.om such records and to make audits of all contracts, invoices,
material, payrolls, and records of matters covered by this AGREEMENT. Such rights
shall expire three years from the date the COUNTY receives the final disbursement of
CTR funds fi.om the State.
11. INDEMNIFICATION:
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, indenmif-y, defend, and hold the other parties harmless fi.om any
such liability. In the case of fault ofmore than one party, any damages allowed
shall be levied in proportion to the percentage of fault attributable to each party
and each party shall have the right to seek contribution from the other parties in
proportion to the percentage of fault attributable to the other parties.
B. This indemnification clause shall also apply to any and all causes 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 PARTIES are not liable for
damages or claims for damages arising from any subcontractor's performance or
activities under the terms of the contracts.
Dec-10-97 05:40P City~f Bremerton +13~0 478-5251 P.04
.... IN WITNESS WHEREOF, Kitsap County, the City of Bainbridge Island, the City of Bremenon,
the City of Port Orchard, the City of Poulsbo, and Kitsap Transit have executed this
AGREEIVI~N~ ~s of the date and year written below.
KITS. Y
Phil Best Chris Endresen
Kitsap County Commissioner Kitsap County Commissioner
-??
Date Date '
~.._____ KITSAP TRANSIT
Authorized Signature Authorized Signature
Charlotte Garrido Richard M. Hayes
Kitsap County Commissioner Executive Director
' Dat~ Date
CITY OF BAINBRIDGE CITY OF BREMERTON
Authorized Signature Authorized Signature
Andrew Maron Lynn Horton
Mayor Mayor
Date Date
Authorized Signature Authorized Si~i£ture
Leslie Weathefill Richard Mkchusson
Mayor Mayor
Date
4
Dec-10-97 05:40P City~f Breme~ton +13~60 478-5251 P.05
Statement of Work
Administering Commute Trip Reduction Plans/Ordinances
Kitsap County and the Cities of Bainbridge Island, Bremerton, Port Orchard and Poulsbo
have all adopted a common CTR ordinance. This CTR ordinance authorizes Kitsap
Transit to administer the CTR plan and ordinance for each of the above jurisdictions.
This STATEIvI~NT OF WORK is incorporated into the Interlocal Agreement titled
· "ADMINISTERING COMMUTE TRIP REDUCTION PLANS/ORDINANCES" and
outlines the tasks and responsibilities for each of the PARTIES.
KITSAP TRANSIT TASKS
II. General Tasks
A. Maintain and administer the COUNTY'S and CITIES' CTR Plans and Ordinances
according to the provisions of RCW 70.94.521-551.
B. Provide WSDOT with a public hearing notice and copies of any proposed
amendments to the COUNTY'S and/or CITIES' 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.
C. Notify WSDOT of any proposed changes in CTR Zone boundaries and/or values
(proportion of Single-Occupant Vehicle commute trips and/or commute trip
Vehicle Miles Traveled per employee) within the first week of the public review
period, and final copies of such action within one (1) month of adoption.
D. Submit to WSDOT within thirty (30) days after June 30th of each year, a report
summarizing overall costs incurred by the COUNTY and CITIES in implementing
RCW 70.94.521-551. Costs shall be reported in a format approved by WSDOT.
E. 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
5
Dec-10-97 05:40P City__of B~eme~ton +13~60 478-5251 P.06
shall be established and maintained within KITSAP TRANSITS 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 the CITIES shall
be supported by properly executed payrolls, time records, invoice, s, contracts,
vouchers, or products evidencing in proper detail the nature and propriety of the
charges.
F.. Participate, on behalf of the COUNTY and CITIES, in local implementation of the
statewide CTR public awareness and recognition programs developed by WSDOT.
G. Distribute WSDOT "Employer Cost Survey" forms to all affected employers
within the County.
IH. Sea, iq, es Provided to Em0lo_vers
' A. Provide on-going support and training to all employer designated Employee
Transportation Coordinators (ETCs) and assist ETCs in developing networks and
obtaining information necessary to perform their duties.
B. Market available services to affected employers, to assist in their accomplishing the
CTR goals. These services include, but are not limited to the following:
1, Assist employers in developing successful CTR programs.
2. Continue to meet with employers to provide ongoing support and to assist
in the implementation of their CTR programs.
3. Develop and administer a county-wide "Rideshare Vehicle" registration
program that would allow the participation of both public and private
employers.
4. Develop and administer a county-wide "G,,arameed Ride Home" program
that would allow the participation of both public and private employers.
5. Provide employer survey assistance.
6. Provide flex-time, compressed work-week, telecommufing and parking
management consultation.
7. Hold transportation fairs at affected employer worksites to encourage
high-occupant vehicle commuting and to promote the employer's CTR
program.
Dec-lO-97 05:41P City~f Bremerton +13~60 478-5251 P.07
$. Assist in the design and construction of employer commuter information
centers and provide newsletter articles and other promotional material as
requested.
IV. Coordination
A. Serve as a liaison between WSDOT and the COUNTY and CITIES for the
purposes of RCW 70.94.$21-551.
B. Participate in local implementation of the statewide CTR public awareness and
recognition programs developed by WSDOT.
C. Assist WSDOT staffwith any CTR evaluation.
D. Review all proposed site plans as they relate to the CTR Ordinances for all
jurisdictions and recommend transportation plans that will encourage the use of
alternative transportation modes.
V. Appeals. Waivers. and Modifications
A. Maintain an appeals process consistent with RCW 70.94.534(6) and procedures
identified in the State's Commute Trip Reduction Task Force Guidelines whereby
employers in the COUNTY or CITIES may obtain a waiver or modification of
CTR requirements, including the establishment of alternative SOV/VIVlT goals, if
they would be unable to meet the requirements of the COUNTY'S or CITIES'
CTR plan or ordinance as a result of special characteristics of their business or
location.
B. Submit any requests for waivers or modifications fi.om CTR requirements,
including requests for goal modifications, to WSDOT technical assistance team for
review and comment. Kksap Transit shall give WSDOT 10 days to comment on a
request for a waiver or modification before it approves or denies such request.
VI. Ouarterly Reporting
A. With an invoice voucher, submit to WSDOT quarterly progress reports in a format
approved by WSDOT (see Attachment 1), that adequately and accurately assess
the progress made by the COUNTY and CITIES in implementing RCW
70.94.521-551. These quarterly reports shall be submitted 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. The quarterly reports submitted as
described above shall constitute fulfillment of the COUNTY'S and CITIES' annual
reporting requirements of RCW 70.94.527(8).
Dec-10-97 05:41P City__of Bremerton +13_60 478-5251 P.08
A. Fatch year, require e~ch ~ffected employer located in the COUNTY or CITIES to
complete and submit to KITSAP TRANSIT, a state provided "Program
Description & Employer Annual Report" form.
B. Submit each year to WSDOT the above completed "Program Description &
·' Employer Annual Report" forms.
VIII. Surv _eyin_~
A. Provide WSDOT with any and all updated COUNTY and CITIES CTR survey
database information in a format approved by WSDOT (see Attachment 2).
· B. Return all survey report forms to their respective employers(s) 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.
COUNTY AND crrlES TASKS
IX. General Tasks
A. Review parking policies and ordinances as they relate to affected employers and
affected work-sites and make any revisions necessary to promote the intent of the
CTR Plan and Ordinance. Provide Kitsap Transit with notices of public hearings
and final copies of such action within one month of adoption.
B. Provide Kitsap Transit with copies of any proposed amendments to the CTR Plan
and Ordinance.
C. Participate in local implementation of statewide CTR public awareness and
recognition programs developed by WSDOT.
INTERLOCAL AGREEMENT
ADMINISTERING COMMUTE TRIP REDUCTION
PLANS/ORDINANCES
This AGREEMENT, entercd into by and bctwecn Kitsap County (hereinafte~ referred to as thc
COUNTY), and the City of Bainbridge Island, the City of Bremerton, the City of Port Orchard,
and the City of Poulsbo (hereinafter referred to as the CITIES), and Kitsap County Public
Transit Benefit Authority (hereinafter referred to as KITSAP TRANSIT), hereinafter collectively
referred to as the PARTIES, WITNESS THAT:
WHEREAS, the Washington State Legislature enacted the Commute Trip Reduction Law
(RCW 70.94.521-551) requiring counties experiencing significant automobile-related air
pollution and traffic congestion to develop, implement and adopt by ordinance Commute
Trip Reduction Plans and Ordinances to reduce single-occupant vehicle commute trips;
and
WHEREAS, the PARTIES entered into an Interlocal Agreement designating KITSAP
TRANSIT as the lead agency responsible for coordinating the development and
implementation of the Commute Trip Reduction Plans and Ordinances within Kitsap
County; and
WHEREAS, KITSAP TRANSIT developed a common Commute Trip Reduction Plan and
Ordinance that was adopted into law by the COUNTY and CITIES; and
WHEREAS, the Commute Trip Reduction Ordinances of the COUNTY and CITIES
determine that it is within the best interest of the public to enter into an intefloeal
agreement with KITSAP TRANSIT, whereby KITSAP TRANSIT will be the lead agency
responsible for implementing and administering the COUNTY'S and CITIES' Commute
Trip Reduction Plans and Ordinances; and
WHEREAS, the COUNTY may receive and distribute funds from the Washington State
Energy Office to support the implementation and administration of Commute Trip
Reduction Plans and Ordinances within Kitsap County; and
WHEREAS, the COUNTY and CITIES previously agreed via interloeal agreement that
KITSAP TRANSIT will receive and manage the Commute Trip Reduction state funds
given to the COUNTY; and
WHEREAS, the COUNTY and CITIES, in compliance with their Ordinances, hereby
desire to designate KITSAP TRANSIT as the permanent lead agency responsible for the
administration of the Commute Trip Reduction Plans and Ordinances within Kitsap
County.
NOW, THEREFORE, in consideration of covenants, conditions, performances and promises
hereinafter contained, the PARTIES hereto agree as follows:
1. RECITALS: The recitals set forth above, constituting a basis of the agreement of the
parties, are incorporated herein by references .as .if fully set forth.
2. SERVI(~E PROVISIONS: THE PARTIES shall perform the services specified in the
STATEMENT OF WORK attached as Exhibit A, which is made a part of this
AGREEMENT by this reference.
3. FUNDING: The COUNTY shall remit to KITSAP TRANSIT, within twenty (20) days
of receipt, all funds provided by the Washington State Energy Office (WSEO) to support
Commute Trip Reduction Planning and Administration within Kitsap County. KITSAP
TRANSIT shall distribute these funds based on the funding allocation attached as Exhibit
B, which is made a part of this AGREEMENT by this reference. Funds provided to the
PARTIES under this AGREEMENT shall be used solely for activities as outlined in this
AGREEMENT and Exhibit A, to implement, administer and promote Commute Trip
Reduction Plans and Ordinances.
4. CHANGE IN FUNDING: This AGREEMENT is contingent upon continued availability
of Washington State funds for Commute Trip Reduction. If the State funds for Commute
Trip Reduction are reduced or eliminated, the PARTIES shall review this AGREEMENT
to determine the course of future Commute Trip Reduction activities in Kitsap County
and any amendments to this AGREEMENT that may be required.
5. AGREEMENT PERIOD: This AGREEMENT is effective as of July 1, 1993. The
term of this AGREEMENT shall be from the effective date until June 30, 1995, provided
that said term shall be extended automatically for additional and consecutive twenty-four
(24) month terms.
6. TERMIlqATION: The COUNTY and/or KITSAP TRANSIT may terminate this
AGREEMENT by providing written notice of such termination, specifying the effective
date thereof, at least ninety (90) days prior to such date. Reimbursement for services
performed by KITSAP TRANSIT, and not otherwise paid for by the COUNTY prior to
the effective date of such termination shall be paid as a pro rate portion of the applicable
quarterly reimbursement amount.
7. SEVERABILITY: One or more CITIES may withdraw from this AGREEMENT by
providing written notice of such intent, specifying the effective date thereof, at least
2
ninety (90) days prior to such date. Such a withdrawal shall not affect other terms or
conditions of this AGREEMENT between the remaining PARTIES. To this end, a
withdrawal by a City from this AGREEMENT is declared severable.
8. AGREEMENT MODIFICATIONS: Any party may request changes to this
AGREEMENT. Any such changes that are mutually agreed upon shall be incorporated
herein by written amendment of this AGREEMENT. No variation or alteration of the
terms of this AGREEMENT shall be valid unless made in writing and signed by the
PARTIES hereto.
9. NONDISC~ATION: The PARTIES, in performance of this AGREEMENT, shall
comply with all applicable local, state, and/or federal laws and ordinances, and agree that
they shall not discriminate against any person who is paid, for work completed, by funds
indicated in this AGREEMENT or against any applicant for such employment on the
grounds of race, color, religion, national origin, age, veteran status, or the presence of any
sensory, mental, or physical disability. The PARTIES shall make reasonable
accommodations to the sensory, mental, or physical disabilities of applicants and
employees throughout the personnel process. In determining the extent of reasonable
accommodation, the following factors will be considered: the safe and efficient operation
of the organization; feasible financial costs and expenses; and the overall type and size
of the organization's operation.
10. EVALUATION AND MONITORING: The PARTIES shall cooperate and freely
participate in any monitoring or evaluation activities conducted by the Washington State
Energy Office that are pertinent to the intent of this AGREEMENT. The Washington
State 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 of KITSAP TRANSIT'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, material, payrolls, and records of mat~ers
covered by this AGREEMENT. Such rights shall expire three years from the date the
COUNTY receives the final disbursement of Commute Trip Reduction funds from the
State.
11. 1NDEIvI~IFICATION:
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 parties harmless from any such
3
liability. In the case of fault of more than one party, any damages allowed
shall be levied in proportion to the percentage of fault attributable to each
party and each party shall have the right to seek contribution from the
other parties in proportion to the percentage of fault attributable to the
other parties.
B. This indemnification clause shall also apply to any and all causes 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
PARTIES are not liable for damages or claims for damages arising from
any subcontractor's performance or activities under the terms of the
contracts.
IN WITNESS WHEREOF, Kitsap County, the City of Bainbridge Island, the City of Bremerton,
the City of Port Orchard, the City of Poulsbo, and Kitsap Transit have executed this
AGREEMENT as of the date and year written below. ~ /Q
Authorized S~gnature ~ t/Authorized Signature
Billie Eder Win Grandlund
Kitsap County Commissioner Kitsap County Commissioner
Date Date
KITSAP COUNTY KITSAP TRANSIT
AuthOrized Signature Authorized Signatuffe~)
Chris Endresen Richard M. Hayes
Kitsap County Commissioner Executive Director
Date Date
/
CITY OF ~ffNB~GE ISLAND CITY OF BREMERTON
A~ Signature
Louis Me~/r
,..~ O~ato ^utbori~ed~gna~e
ayor [¢,f~ ~ May~
Date / Date
~~ c~o~sBo ~.._,~
Authorized Signature Authorized Signature
Leslie J. Weatherill Richard Mitehusson
Mayor
Mayor././~/~ --~'vx
Date Date
5
Exhibit A
STATEMENT OF WORK
Administering Commute Trip Reduction Plans and Ordinances
INTRODUCTION:
Kitsap County and the Cities of Bainbridge Island, l~re/fiertdn, Port Orchard and Poulsbo have
all adopted a common Commute Trip Reduction (CTR) Ordinance. This CTR Ordinance
authorizes Kitsap Transit to administer the CTR Plan and Ordinance for each of the above
jurisdictions.
This STATEMENT OF WORK is incorporated into the Interlocal Agreement titled
"ADMINISTERING COMMUTE TRIP REDUCTION PLANS/ORDINANCES" and outlines the
tasks and responsibilities for each of the PARTIES.
KITSAP TRANSIT TASKS:
1. Maintain and administer the COUNTY'S and CITIES' CTR Plan and Ordinances.
2. Employ a full-time Transportation Demand Management Planner to administer the
COUNTY'S and CITIES' CTR Plans and Ordinances.
3. Employ a full-time Ri&share Coordinator and provide ridematch services to all
affected employers.
4. Take reasonable measures to identify and notify all affected employers within the
County.
5. Provide the Washington State Energy Office (WSEO), by April 30 of each year,
a list of all affected employer worksites and the number of affected employees at
each work site located within the County and Cities.
6. Coordinate and administer CTR employer surveys.
7. Maintain and provide WSEO with CTR affected employer survey database
information in WSEO specified format at least two weeks prior to submitting
survey forms for processing.
8. Return all processed CTR Employee Questionnaires and Supplemental
Questionnaires unaltered to their respective employer(s) within thirty (30) days of
6
receipt from the state with a copy of the CTR Guide for Employer Surveys or
other WSEO reviewed survey guide instructional materials.
9. Disla'ibute WSEO "Employer Cost Survey" forms to all affected employers within
the County.
10. Provide on-going support and training to all employer designated Employee
Transportation Coordinators (ETC's) and assist ETC's in developing networks and
obtaining information necessary to perform their duties.
11. Market available services to affected employers, to assist in their accomplishing
the CTR goals. These services include, but are not limited to the following:
11.1 Assist employers in developing successful CTR Programs.
11.2 Continue to meet with employers to provide ongoing support and
to assist in the implementation of their CTR Programs.
11.3 Provide employer survey assistance.
11.4 Provide flex-time, telecommuting and parking management
consultation.
l l.5 Hold transportation fairs at affected employer worksites to
encourage high-occupant vehicle commuting and to promote the
employer's CTR Program.
11.6 Assist in the design and construction of employer commuter
information centers and provide newsletter articles and other
promotional material as requested.
12. Maintain an appeals process as described in the CTR Ordinance for all affected
employers
13. Provide the State CTR Task Force with copies of any employer requested waivers
and/or modifications from the CTR requirements for review and comment at least
one week prior to adoption, action, or decision.
14. Submit to WSEO quarterly invoice vouchers and progress reports summarizing
current CTR events and projects (including training classes) held within the
County.
15. Submit to WSEO an annual progress report that contains information sufficient for
WSEO to adequately and accurately assess the progress made by each jurisdiction
7
in the Count:, toward implementing the State CTR Law. This annual progress
report will include:
A. Kitsap Transit's CTR contact person's name, mailing address, and
phone number.
B. A progress report in attaining the applicable CTR goals.
C. Any significant problems encountered.
D. One (1) hard copy of each affected employer's most recent Program
Description and Employer Annual Report.
E. An electronic version of each affected employer's most recent
Program Description an~l l~mpl~yer Annual Report, if available
from the WSEO.
F. A list of CTR Trainers and Reviewers on staff at Kitsap Transit.
16. Require all affected employers to complete and submit to KITSAP TRANSIT the
WSEO "program Description & Employer Annual Report" form.
17. Provide WSEO with copies of any CTR related amendments to County's and/or
CITIES' parking ordinances within the first week of the public review period, and
final copies of such action within one (1) month of adoption.
18. Provide Washington State Energy Office (WSEO) with copies of any proposed
amendments to the COUNTY'S and/or CITIES CTR Ordinances within the first
week of the public review period, and final copies of such action within one (1)
month of adoption.
19. Notify WSEO of any proposed changes in CTR Zone boundaries and/or values
(proportion of Single-Occupant Vehicle commute trips and/or commute tr/p
Vehicle Miles Traveled per employee) within the first week of the public review
period, and final copies of such action wi/bin one (1) month of adoption.
20. Assist WSEO staff with the CTR evaluation.
21. Serve as liaison between WSEO and the COUNTy, the CITIES and Kitsap
Regional Planning Council.
22. Develop and administer a County-wide earpool registration program that would
allow the participation of both public and private employers.
23. Review all proposed site plans as they relate to the CTR Ordinanccs for all
jufisdiet/ons and recommend transportation plans that will encourage the use of
alternative transportation modes.
COUNTY AND CITIES TASKS:
1. Review parking policies and ordinances as they relate to affected employers and
affected work-sites and make any revisions necessary to promote the intent of the
CTR Plan and Ordinance. Provide Kitsap Transit with notices of public hearings
and final copies of such action within one month of adoption.
2. Provide Kitsap Transit with copies of any proposed amendments to the CTR Plan
and Ordinance.
3. Remit quarterly to KITSAP TRANSIT a report containing information sufficient
for KITSAP TRANSIT to adequately and accurately assess the progress made
toward implementing and complying with the CTR Plan and Ordinance.
9
Exhibit B
FUNDING ALLOCATION
KITSAP COUNTY is entitled to a maximum of $240,000 from the Washington State Energy
Office (WSEO) for implementation and administration'ofthe Commute Trip Reduction Plans and
Ordinances throughout Kitsap County for the period of July 1, 1993 to June 30, 1995. WSEO
will remit to KITSAP COUNTY warrants in the amount equal to one-eighth of the total amount
on a quarterly basis during 'the two year AGREEMENT PERIOD. As these funds are received,
KITSAP COUNTY shall remit these funds to KITSAP TRANSIT, whereby, KITSAP TRANSIT
shall distribute said funds according to the following allocation:
KITSAP COUNTY $8,000
CITY OF BAINBRIDGE ISLAND $8,000
CITY OF BREMERTON $8,000
CITY OF PORT ORCHARD $8,000
CITY OF POULSBO $8,000
KITSAP TRANSIT $200,000
All funds received by the PARTIES shall be used to complete tasks as outlined in the
STATEMENT OF WORK attached as Exhibit A.
10
W ITN~SS
~, ~ 1991 ~hi~ S~e Legisla~ure e~c~ed
C~e TrL9 ~c~lon L~, (~re~f~er referr~ ~o as ~he "CTR
L~") ~ ~ ~ifi~ in ~ 70.94.521 ~gh 70.94.~51~
Office, (~a~,~= Fef~ ~o ~ wSZO) ~ pro~r~io~lly
dls~=l~e f~ ~ co, ties within ~ s~a=e w~ are =o
d~a=r~e ~ ~ pro~r~io~ely ~o ~ ci~ies ~or ~
~, ~he ~rti~ ~reto ~ve dete~in~ ~at ~t is
within the ~et interest of ~ p~lic to ~ter into ~
lnterl~al agre~t purs,,~t to ~ 39.34 ~ R~ 70.94.527 to
develop a C~te Trip R~uction Pl~ lot the various
~urisdictio~ 8o as to provide consist~cy throug~ut =~
3urisdictions ~ to a~lnister the Co~te Trip Reduction
f~ distribut~ to KI~ C~ by ~ MSKO s~ll be provided
~ ~ ~ ~ ~TS~ T~SIT ~ in retu~ KIT~ T~SIT
will ~ ~oi~t~ ~ 1~ ~cy r~nsible ~or cootdi~ting
~ i~l~ti~ of ~ CTR ~w wi~in ~ C~ ~d CITIKS
~ KI~ ~SIT will ~r~o~ ~ ~k am outlin~ in exhibit
~, as r~ired by R~ 70.94.521 thro~h 70.94.551, the
C~, ~ CITIES, ~ KITS~ T~SIT ~ve agteed to perform
certain tn~ as set forth ~rein;
N~ T~FO~, in co~lderation of covets, co~itions,
per~or~ces ~d praises ~reina~ter contained, ~he parties
~teto agree a8 follows:
1.
l~J purpose of this agreelent is ~o coordinate the
distribution of State funding fro~ the WSEO for the development
and i~X~B~n~ltion of ~tm T~p ~ton PZ~ fo~ t~
varto~ juri~tctto~ ~t are a ~rty to ~im ~r~nt ~ to
~ ~ ~tll ~ f~ r~iv~ fr~ ~h~ ~S~ for
~lbit B, Dis~ri~ti~ Fomla for C~te Trip ~uc~ion
at~ ~re~ ~ l~o~ra~ ~ ~ls refer~c~.
~ ~ solely for ac~ivitie8 ~ ~tlined in ~his agremnt ~d
~i~ A, ~ fulfill ~ r~ir~8 of ~ CTR Law ~ ~o
i~l~t C~te Trip ~c~ion Pl~.
4. T~ effective ~l o~ ~is ~ 8~11 be
~ ~l~ion ~ s~ll be J~e 30~ 1993.
5. ~Z~ ~
a. T~ C~, CITIES, ~ KITS~ T~SIT s~ll c~pera~e
wi~h ~ ~r~ly 9artic~te ~n ~y ~n~20r~ or eval~2ion
a=2iv~t~ ~uc2ed by ~ ~ ~t are ~l~n2ed 20 insure
c~lL~ce w~th 2~ ~R Law.
b. T~ WSEO, the S~a~e Auditor, ~ ~y of their
repree~a2ive8 8~11 ~ve full access ~ ~ r~gh2 to ex~ine
during ~r~l bue~nes~ ~ur8 ~ aB of 2en as dee~d necessary,
all 2he records o~ t~ C~, CITIES ~d/or KITS~ T~SIT w~h
r~c= ~ ~er8 cover~ in ~h~s ~~. Such
r~res~ve8 s~11 be ~t~ ~0 audit, ~ine, ~d
~ce~ or ~r~crip~ fr~ ~ re~r~ ~-~ ~ ~ke audi~ of
all con~rac~s, invo~cee, M~er~ils, payrolls, ~ recor~ of
M~2ers cov~ by ~ ~~. Such righ~ 1~ for
~ars (3) ~rom 2he ~2e frill ~nt i8 ~de hereu~er.
~ C~ ~ ~ CITIES S~ll r~Lt ~rterly ~0 KITS~
~SIT a re~rt ~nta~n~ [nfo~tlon sufE~c~t ~or KITS~
T~SIT ~ ad~ly ~ accurately assess ~ profess
t~ard i~l~ting ~he ~ Law ~or 2~ CO~ ~d CITIES, as
well ~ ~ir coalesce wi~ o~r sec~io~ of ~he CTR Law.
KITS~ T~SlT w~ll r~ ~r~erly 2o 2~ C0~Y ~d WSE0 a
re~r~ ou~lini~ 2~ progress ~de =oward i~l~ing t~ CTR
Law w~th~n ~he C0~ ~ 2his re~rt s~ll include a S,mm~ of
CO~2e Trip hduc~ion ev~2s/ac2iv~ies, as well as ~y o~her
inforMtion ~ ~ be red,red by ~he S~ate Co~u=e Trip
Reduction Task Force.
2
a. AS allowed under RC~'70.94.521-$51, KITSAP TRANSIT, l:he
COtB~F~ an~ the CITI~ ~y elec~ ~o enter in~o a con~rac~ wi~h a
C~ L~. S~rate ~r~s or C~ract ~y ~ ~ed
fr~ ~tL~ ~ r~ir~ts of ~ 70.94.521-551.
~l~ provl~ by 2~ a~rac~r ~ u~ ~ntain ~ qrm~
~ ~ly w~ all of ~ ~~ ~ r~r~
w~h ~ 70.94.521-551. ~h s~r~ u~ also i~l~ a
such ~I~C ~e of r~e, rol~gl~, color, 8~,
s~, c~, ~=~o~1 or~q~n, ~e, V~e~ era or
~-~er, rec~, ~v~si~, la~ or term~, rates
of ~ or o~r fo~ o~ c~~on, ~ selec~on for
=rain~.
9. ~
T~ C~, CITI~, ~ KITS~ T~SIT ~y, ~r~ t~me to
=i~, re~es~ c~es =o ~h*s AGREe. ~y such c~qes
are ~lly ~re~ u~n by ~ par~ ~o ~h~s ~T s~ll
~ incor~ra2ed here~n by writ~ ~t to 2h~s AG~.
variation of ~ 2e~ of 2h~s ~ s~ll be valid
oral ~rs~l~ or ~re~s ~ inco~ra2ed ~re~n,
10. ~TI~ ~ ~
fails ~o ~ulfi11 in a ~Miy ~ proof ~er its obl~ga=ions
~r ~18 ~~, or t~ ~y p~Cy Co ~18 ~~ vi01a~e8
~y Of t~ cove~to~ ~rt~n2s~ or 8~pulation8 oE
~~, ~ C0~ s~ll t~reu~n ~ve the riqh~ to
~o ~~ ~d w~ld ~ rm~n~nq alloca2ion if such
dofaul~ or v~ola~on is no~ correc=ed w~hin nine=y (90) days
after s~t~lng written notice ~o the CITIES ~d/or KITSAP
T~SIT ~crib~ng such defaul~ or v~ola~on.
3
h. Notwithstanding any provision8 of ~his AGREEMENT, any
party may terminate this AGREEI~NT by providing written notice of
such te~aination, specifying ~he effective data ~hereof, at least
ninety (90) days prior ~ such data. Reimbursement for services
performed by ~he CITIES or KITSAP TRAHSXT, and ~t o~herwism paid
for by ~he COUNTY prior ~o the effective date of such termination
shall ha paid as a pro rate portion of th~ applicable quarterly
reimbursement a~ount.
11. ~ PJBOW~X~SJ
The C(~JlTY'S failure ~o in~iet upon ~he strict perfomamace
of any proviaio~ of this AG~IBI~MT or to exercise any Fight based
upo~ a breach thereof or ~he acceptance of any performance during
such bro&ch, shell not constitute a waiver of any right under
12. BOLD ~
soXsly for ~ l~ne£it of ~ ~tieo hareto ~ givee no right
par~nerehip is forme~ as a result of ~his A~F~qI~T. Each party
h~reto agrees to ha raspo~eibla and a~sumed liability for i~ own
negligent acts or omissions, or those of its officers, agents or
employees to ~he fullest extent required by law, ~n~ agrees to
save, indemnify, defend, and hold the other parties harmleSl from
any such liability. In ~he case'of negligence on behalf of the
COtlNTY, ~he CITIES, and/or KITSAP TRanSIT, damages allowed shell
be levied in proportion to 4-h~_ percentage of negligence
attributable to each party, and each party shell have the right
to seek co~tribution from the o~her party in proportion to the
percentage of negligence attributable to the other party.
b. This indonniflcation claase shall also apply to any and
all causes of action arising out of performance of work
activities under ~hla ~. Each contract for services or
activities utilizing funds provided in whole or in part by this
AGI~KBMK~T shell include a provision ~t ~ho MSEO, ~he State of
Waehing~mn, and the CO~INTY ere not liable for dana,s or claims
from damage arising from any subcontractor's performance or
activities under the tatum of the contracts.
13. ~VBIBJX]J~ L&JJ ]U~ VBJJU~
This AGREEMENT shell be con~trued and enforced in accordance
with, al~ the validity and performance hereof shall be governed
by, tbs laws of ~he Stats of Mashington. Venue of any suit
between the parties arising out of this AGR~-a~KNT shall be the
Superior Court of Kitsap County, Washington.
14. iKVKB~BXLXTY
In the event of any term or condition of this AGREEMENT of
application thereof to any person or circumstances is held
invalid, such invalidity shall not affect other terms,
4
conditlon~ or applicatimm of 'ch~.s AGREEHENT which can be g~v~
~i~ ~ ~ tam ~ co~lti~ of thi~ AG~ are declared
sever~le.
~ I~ f~ in a~e wX~ ~ CTR Law ~/or
b) S~ rtqh~ of rm~m m~Xl ~oC ~or a pmrt~
~c~ t~ee (3) years foll~t~ t~ te~t~ion o~
provision s~ll occur wi~Ln thirty (30) days of d~.
~e ~, ~ ~ such ~ ~e ~ ~is o~ thts ~~,
ac~yt~ s~s el ~rk tO ~to~tne t~ course of future
tr~r~tZon d~ ~~t activities in KXTSAP Co~t~ ~d
~y ~t8 of this ~ ~t ~y be re~ired.
17.
~n accor~ce wi~ Section 301(3) of ES~ 2470 (T~ 1991-
1993 bie~ial o~ratio~ b~et o~ t~ State of Washington) as
~ in ~ 1992 ~1~ ~i8~ative susion, the
distrlbut~ ~der t~ ~R ~w will be treated as a grant, not a
contr~t.
5
IN WITNESS TI{F~H~OF, the CO~TY, the CITIES, and KITSAP TRANSIT
have executed this AGP.~MENT a~ o~ the date and year wr~en
Title
Date Date
Jo Ric~rd a. hyea
~X~ DIRKC~R
~ouis Men,or nesllm J. Wea~hmrill
Date Data '
TIM 1,991 ~h~nq'co~ S~u~.e Lagiela~:ure £ound ~
traffic ~n e~h~'s M~r~l~ ~m ~a ~ M3or ~rce of
~raff~c ~s ~ava~ ~rafftc ~~. ~r~hor, ~
~8~at~e, r~ucl~ ~ ~r of c~ tripe ~ ~rk via
s~Mle-oc~t ~h~cl~ ~o ~ effective way of r~uc~nq veh~cle-
relat~ a~r ~llut~, traffic ~ngest~, ~ ~r~ use.
To ~reo8 t~oe pr~lm, ~ Tr~rtat~on D~
~~t Act (Sec~ S~t~tutt ~e B~ll 1671, ~re~n
~ ~ "~ ~") ~ ~ ~ ~ 1991 Legislature ~
of ~o-~ ~2y-~ or ~re (Ki~, Clark,
wl~ln ~e co~ie8 c~aining "Mjor ~loyer8" (~loyers,
private or p~lic, w~ ~loy o~ ~r~ or ~re
~loyo~ ~ arrive at ~rk ~n t~ ~urs o[ 6:00
~:00 a.I. on ~e~ lee a~ 1~ twelve c~eocu~ive
~ring 2~ year) 2o develop pl~ ~ pr~r~ ~o r~uce single-
occu~ v~2cle c~
This agro~ ~we~ ~he CO~, ~ITIKS ~d KITS~ T~SIT
is for~d ~o ~e~ the re~ir~nts of 2he CTR Law. T~ parties
developed, ~l~nted ~ a~p~ed bT ord~n~ce no later
J~ 3~, 1993.
~T~ T~HXT w~11 hire a fulX-~L~ Tr~r~on
i~X~ion of ~ ~R PX~ ~ well ~ ~nim~er ~s PI~.
Thi8 ~ PIA"nqF wZll ~murm ~t ~ CTR Pi~ ~e~m
re~r~ of ~ CTR L~ ~ ~ ~ CTR PI~ will lncl~e:
1. g~lS for r~uction in Single 0ccup~t Vehicle (SOV)
c~m rm~e8 ~ V~ZcXm M~l~ Traveled (~) per
~Xoyee;
2. des~=~on of CTR Zone(s);
re~ir~s for both p~lic ~d private affected ~jor
~loyers to i~1~ co~=e =r~p reduction
7
4. a com~itment to davelopa CTR Progra~ for ~mDloyees of
the COUNTY and
5. a c~mm~tment to review local ~rki~ pOliCies
~ c~1~ with ~ ~R g~ls ~ State CTR T~k Force
6. ~ ~18 p~8 ~ ~ affact~ ~loye~B ~ ~ a
its lo~i~ ~Ld ~ ~le to ~et ~
of a ~te triv r~tion Vl~, ~y obtain a
or ~ili~tl~ ot ~e r~ir~ for co~l~i~
wi~ c~te trip r~uction ~i~lin~s;
7. ~forc~t pr~i~io~;
8. a m ~ de~l~ a~ctsd ~loyor's ~e
KITS~ T~SIT w~ll ~ r~ible for c~rd~ti~
par2ic~pa21on of ~ af~ec2ed Jurled~c~o~ ~ develo~n~ of
~ C~ PI~. ~TS~ T~IT will ~le a ~R PI~
c~t~e ~ 8e~e ~ s~i~ to this c~ttee. Each of t~
afE~t~ ~isdictio~ will ~sl~ a repr~tative to t~
8teeri~ c~lttee. Affected ~loyers will be notified of the
o~rt~ity to participate on the steeri~ co~ittee. T~
steeri~ c~ittee will ~ c~sed of at least seven ~ers
~y incl~e ~ to eighte~ ~eFs. All meeting8 of t~ steering
c~ittee 8~11 be open to the p~lic. ~ steering co~ittee
will ~ld at le~t ~ive ~ti~s, b~i--l~ in Sept~er
~l~ in ~c~r 1992. At ~ ~i~l rating, t~ steeri~
c~t~ will ro~ a CTR PI~ ~ ~ CO~ ~ its
affoct~ ~uEi~lctio~. KXTS~ T~SXT will record the minutes
to t~ 8t~ri~ c~tt~ mti~8 ~ provide a copy of
minut~ to all steeri~ cmittee ~ers.
KITS~ T~SIT will arr~ with ~ W~ton S~te
OffiCe to Survey all af~ect~ MJor ~loyors in the C~
CITI~ In order ~ es~l~sh ~e Yur Values.
KITS~ T~SIT will ~rk with the Puget So~d Region1
Co,oil =o develop a C~te Trip Reduction Zone(s). CTR Zone(s)
will be ~sed on traEfic ~lysis zones with similar e~lo~t
d~sity, ~pulation d~ity, level of tr~sit se~ice, parking
avail~illty, ~d other factors t~t a[fect the level of single
occup~t vehicle co--ting.
8
The si:earing committee will review KITSAP TRANSIT's
proposals on each required elemnt of the CTR Plan and make
reco~e~dation~ as necessary. KITSAP TRANSIT will incorporate
these rmcomuendatione into a draft CTR Plan. KXTSAP TRANSIT will
arrange for public co~nt on the draft CTR Plan.-_after the draft
CTR Plan has been reviewed by the staer4ng committee, hod on
the commenT] made, KITS]tP TRANSIT will revise the draft CTR Plan
and present it to the steering colmittee for final approval. The
steering c~mELttee will present the final draft to the affected
j urisdlction~.
KITSAP TRANSIT will prepare ~ad sub~Lt to ~le Steering
cc~tttee a ~odal CTR ord}~ca for ule by all the affected
~urisdictio~ls. The model ordinance will include appropriate
elements of the CTR Plan.
Kitsap Transit will also:
e~loyers within the C0~]~Y. KITSAP TRANSIT will also
create and maintain a date ba~e of major e.-~loyars and o~her
interested parties as defined by the CTR LAW.
2. Market available service8 tO majOr e~ployers, to assist in
their acco~plishing the goalm of the CTR Plans. These
services include, but are not limited to th~ following:
2.1 Neet with es~lol~ars to discuss services available to
~he~ in order that ~hey may write comprehensive Coa~ute
Trip Reduction Programs. Kitsap Transit will assist,
if requested, major employers in the developing of
their CTIt Programs.
2.2 Continue to meat wi~h e~ployers to provide ongoing
support and to assist in the lmple~entation of the
services provided for in their Cad,ute Trip Reduction
Proqr~.
2.4 Provide flu-time and tslecom~ting consultation.
Provide park~nq management consultation.
Provide ride~atch services for carpoole and vanpools,
and assist wl~h vanpool ~ormation and operation at
e~ployment centers and key transportation link points
such as Ferry Terminals. KITSAP TRANSIT will also hire
a full-time Ridematch Coordinator to fulfill these
duties.
9
2.7 Provide new~letter articles and other promotional
mater~al as requeste~.
2.8 Assist in ~he design and construction of employer
commuter information centers; insure that there i8 an
adequate supply of CTR promotional ma~er~&ls available.
2.9 HoXd tran~lpor~ution fairs a~ employment sites and Ferr~
Tt~nsls ~o ellCOtt~ge efsployoo participation in High
Occupency vehicle (HEY) alternstives and to
~ pr~ion of ~mployer-of£erecl HOV services and
incentives.
Provide initial and ongoing support to Enployee
Transportation Coordinators designated by the employers.
3.1 conduc~ orien~ation ~raining sessions for newly
designated Employee Tr~nopor~a~ion Coordinators.
3.2 Assie~ IGm~loyee Transpor~ation Coordina~ors in
developin~ ns~works and ob~ainiog information necessary
~o perform ~heir responsibilities.
3.3 Encourage Employee Transpor~ation Coordinators
par~cipe~ion in professional transi~ organizations as
a neons of continuing education.
4. l?~por= to ~he County on a quarterly be]is regarding employer
contacts and progress.
5. Remit to the WSKO a County wide report containing
information sufficient for the MSEO to adequately and
accurately assess ~he progress made by each ~urisdiction in
the County in implementing ~he state CTR haw. This repor~
shall be suMU~ed ~o ~o W8ZO no later Umn June 30, 1993.
xitsap Transit will act as ~he lead agency in coordinating the
impleuen~u=ion of ~he Washington Stake Commu~e Trip Reduc~ion
in Kit&ap County.
10
K3aLXBXT B
DZB'L'RZBUTZ4~II LK)llNrbA ~ ~ 'L'RZ~ ZI~XZC~Z~X~ ~
KZTSAP CO(J'FrY is entitled ~o a m~t4mum of $285,000 from the
MmmlLtngl~m 8~ate Enmrgy O££1om for ~ implementation of ~he
Mim&lngtou 8tare C~te Trip ~ti~ L~. KITS~ ~ will
~8 ~ ~ ~M ~ ~T~ T~SXT. KXTS~ T~SXT will
~T~ C~ $30,000 *
C~y of ~g $20,000 *
C~y of ~ O~ ~5,000 *
C~y of POUla~ SiO,O00 *
C~ty of ~rt~e $10,000 *
~T~ ~XT $200,000 **
For r~l~ ~/or rmvlm~ o~ ord~ (SUCh ~ park~ng
ordt~c~) for ~ll~cm vZ2h ~ C~ LmM ~ ~O asm~8~ KXTS~
?mSZT tn deve~opt~ a ~ Pi~.
For project t~ka as stated tn Exhtbtt A.
11