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HomeMy WebLinkAbout3449 Contract Numbe-r: Vendor: Subj ect: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 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