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HomeMy WebLinkAbout004-97 - Kitsap County - ContractADMINISTERING COMMUTE TRIP REDUCTION PLANS/ORDINANCES AGREEMENT This AGREEMENT, entered into by and between Kitsap County (hereinafter referred to as the 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 Area 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 (CTR) Law (RCW 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 KITSAP TRANSIT as the lead agency responsible for coordinating the development and implementation of the CTR plans and ordinances within Kitsap 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 implementing and administering the COUNTY'S and CITIES' CTR plans and ordinances; and WHEREAS, the COUNTY may receive and distribute funds from the Washington State 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. ,0-- NOW, THEREFORE, in consideration of covenants, conditions, performances and promises hereinafter contained, the PARTIES hereto agree as follows: 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. SERVICE 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. FUNDING: 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. If the State funds for CTR are reduced or eliminated, the PARTIES shall review this AGREEMENT to determine the course of future CTR activities in Kitsap County and any amendments to this AGREEMENT that may be required. 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. TERMINATION: 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 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. 2 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 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 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 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 matters covered by this AGREEMENT. Such rights shall expire three years from the date the COUNTY receives the final disbursement of CTR funds from 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, indemnify, defend, and hold the other parties harmless from any such 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. 3 ll� /*-14 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. KITSA-COJJNTY Authorized Signature Phil Best Kitsap County Commissioner Date KITS OUNTY Authorized Signature Charlotte Garrido Kitsap County Commissioner Date CIT OF BAINB GE ISLAND Auth&ied Signature Dwight Sutton Mayor Date CIT OE)PORT ORCHARD - Authorized Signature Leslie Weatherill Mayor /� A9 /�7 Date rd KITSAP ,,P/}J Authorized Signature Chris Endresen Kitsap County Commissioner li//o %,7 KIT�SAPPTTRANSIT Authorized Signature7 Richard M. Hayes Executive Director Date CITY OF BREMERTON c 4 i_Ji Authorized Signature Lynn Horton Mayor /-Z-- (7-1? Date C PO Authorized Signature Richard Mitchusson Mayor /2-3--7 Date Qa Statement of Work Administering Commute Trip Reduction Plans/Ordinances I. INTRODUCTION 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 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 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 r'N /-*N shall be established and maintained within KITSAP TRANSIT'S existing accounting system or set up independently. Such accounts are referred to herein collectively as the "CTR Account". All costs charged to the CTR Account, including any approved services contributed by the COUNTY or the CITIES shall be supported by properly executed payrolls, time records, invoices, contracts, vouchers, or products evidencing in proper detail the nature and propriety of the charges. 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. III. Services Provided to Employers 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: 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 "Guaranteed 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, telecommuting 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. R r) 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 70.94.521-551. B. Participate in local implementation of the statewide CTR public awareness and recognition programs developed by WSDOT. C. Assist WSDOT staff with 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/VMT 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 from CTR requirements, including requests for goal modifications, to WSDOT technical assistance team for review and comment. Kitsap Transit shall give WSDOT 10 days to comment on a request for a waiver or modification before it approves or denies such request. VI. Quarterly 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). 7 ll� 10-1� VII. Annual Reporting A. Each year, require each affected 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. Surveying 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 CITIES 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. 8