Community Transit Agreement for Smart Commuter Project GrantAGREEMENT FOR SMART COMMUTER PROJECT GRANT
BETWEEN COMMUNITY TRANSIT AND CITY OF EDMONDS
This Smart Commuter Project Grant Agreement (hereinafter "AGREEMENT") is made and
entered into by and between COMMUNITY TRANSIT and CITY OF EDMONDS (hereinafter
'EMPLOYER").
WITNESSETH
WHEREAS, COMMUNITY TRANSIT and EMPLOYER share a desire to provide a comprehensive
Commute Trip Reduction Program that will reduce single occupant vehicle (SOV) commute trips
and improve the mobility of EMPLOYER employees; and
WHEREAS, the 1991 Washington State Legislature enacted the Transportation Demand
Management Act, which was codified in RCW 70.94.521 through 70.94.551; and
WHERAS, the Transportation Demand Management ACT requires major employers to offer to
their employees commute option programs; and
WHEREAS, the EMPLOYER, in response to COMMUNITY TRANSIT'S request for Smart
Commuter Project Grant applications, submitted an application for consideration of finding; and
WHEREAS, COMMUNITY TRANSIT, has selected the EMPLOYER'S project as meeting the
purpose and criteria of the Smart Commuter Project Grant.
NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises
hereinafter contained, the parties hereto agree as follows:
SECTION 1.0 SCOPE OF WORK
The purpose of this contract and scope of work are defined in Attachment A, attached
hereto and by this reference made a part of this AGREEMENT.
SECTION 2.0 AGREEMENT PERIOD
The EMPLOYER will commence work on or after June 1, 2010 and complete work
required by this Agreement no later than May 31, 2011.
SECTION 3.0 DIRECTION AND CONTROL
The EMPLOYER agrees to perform the services as stated in this AGREEMENT as an
independent contractor and not as an agent, employee or servant of COMMUNITY
TRANSIT. The parties agree that the EMPLOYER is not entitled to any benefits or rights
enjoyed by employees of COMMUNITY TRANSIT. The EMPLOYER specifically has the
right to direct and control the EMPLOYER'S own activities in providing the agreed upon
services in accordance with Attachment A of this AGREEMENT. COMMUNITY TRANSIT
shall only have the right to ensure performance.
SECTION 4.0 REIMBURSEMENT PROVISION
4.1 COMMUNITY TRANSIT will reimburse the EMPLOYER for services provided as
described in Attachment A for proof of payment. Payment will be made within 30
days of receipt of a properly executed and approved invoice from the EMPLOYER.
4.2 The EMPLOYER shall submit properly executed invoices at quarterly intervals
showing work supported by a quarterly report, Attachment B, detailing work performed.
Quarterly reports and invoices will be due September 15, 2010, December 15, 2010,
March 15, 2011 and June 15, 2011.
4.3 The EMPLOYER shall only be paid for expenses incurred accomplishing the tasks
described in Attachment A. Completed proof of payments for each expense must be
attached to the Smart Commuter Grant Project Quarterly Report.
4.4 The EMPLOYER will only be reimbursed for receipts and/or invoices of expenditures
for this project up to a maximum of $2,600, even if those expenses exceed this
maximum.
SECTION 5.0 OWNERSHIP
COMMUNITY TRANSIT and the EMPLOYER shall jointly own all reports, data and
documents produced in performance of this work.
SECTION 6.0 PROJECT MANAGEMENT
The COMMUNITY TRANSIT project manager shall be the Transportation Demand
Management Division of the Customer Relations Department. The EMPLOYER project
manager shall be Bertrand Hauss.
SECTION 7.0 AGREEMENT MODIFICATION
Modifications within the Scope of Work as described in Attachment A must be in writing,
signed and agreed to by COMMUNITY TRANSIT and EMPLOYER.
SECTION 8.0 REVIEW/APPROVAL
Upon submittal of any report or other information required by the Scope of Work to be
performed, COMMUNITY TRANSIT may, following review, accept or reject such work or
request modifications or additions as deemed appropriate. Payment for such work shall
not be made until COMMUNITY TRANSIT's project manager accepts the work.
SECTION 9.0 AUDITS, INSPECTIONS AND RECORD RETENTION
COMMUNITY TRANSIT or its designee may, at reasonable times, inspect the books and
records of the EMPLOYER as they relate to performance under this Agreement. For audit
purposes, the EMPLOYER shall keep all records required by this Agreement for six (6)
years after termination of this Agreement.
SECTION 10.0 GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed according to the laws of the State of
Washington. The EMPLOYER shall comply with all applicable federal, state and local
laws, rules and regulations in performing the work under this Agreement. Nothing in this
Agreement shall be construed as altering or diminishing the rights or responsibilities of the
parties as granted or imposed by State law. Venue of any suit between the parties arising
out of this AGREEMENT shall be the Superior Court of Snohomish County, Washington.
SECTION 11.0 HOLD HARMLESS AND INDEMNIFICATION
EMPLOYER shall indemnify, defend and hold harmless COMMUNITY TRANSIT from all
suits, claims, costs, damages or expenses arising out of the negligence of EMPLOYER.
Likewise, COMMUNITY TRANSIT shall indemnify, defend and hold harmless EMPLOYER
from all suits, claims, costs, damages or expenses arising out of the actions of
COMMUNITY TRANSIT. In the case of negligence of both COMMUNITY TRANSIT and
EMPLOYER, any damages allowed shall be levied in proportion to the percentage of
negligence attributable to each party. Each party to this agreement will be responsible for
the negligent acts or omissions of its own employees, officers, or agents in the
performance of the Agreement. It is further agreed that each party to this Agreement will
be responsible for injuries to its own employees that occur in the employee's course of
employment and during the performance of this agreement under Title 51 Industrial
Insurance Laws of the State of Washington. Neither party will be considered the agent of
the other and neither party assumes any responsibility to the other party for the
consequences of any act or omission of any person, firm, or corporation not a party to this
Agreement.
SECTION 12.0 AGREEMENT MODIFICATIONS
Either party may request changes to this agreement, including changes in the Scope of
Work. Such changes which are mutually agreed upon shall be incorporated as written
amendments to the AGREEMENT. No variation or alteration of the terms of this
AGREEMENT shall be valid unless made in writing and signed by authorized
representatives of the parties hereto.
SECTION 13.0 SPECIAL PROVISION
COMMUNITY TRANSIT'S or the EMPLOYER'S failure to insist upon the strict
performance of any provision of this AGREEMENT, or to exercise any right based upon
breach thereof, or the acceptance of any performance during such breach, shall not
constitute a waiver of any right under this AGREEMENT.
SECTION 14.0 TERMINATION
COMMUNITY TRANSIT or EMPLOYER may terminate this AGREEEMENT in whole or in
part, whenever:
14.1 COMMUNITY TRANSIT or EMPLOYER has breached the AGREEMENT, and after
fourteen (14) days written notice, has failed to correct any of the terms and
conditions of this AGREEMENT;
14.2 A request to terminate in whole or in part has been made in writing by COMMUNITY
TRANSIT or EMPLOYER; or
14.3 COMMUNITY TRANSIT determines that the continuation of the project would not
produce beneficial results commensurate with the further expenditure of funds.
14.4 If this AGREEMENT is terminated prior to fulfillment of the terms stated herein, the
EMPLOYER shall be reimbursed only for actual and eligible expenses incurred
under this AGREEMENT prior to the date of termination, and only to the extent of
appropriate funds.
4a
In Witness Whereof, the parties have executed this Agreement as of the date first written below.
COM NITYaaTRANS
By:l��l
Name: Joyce Eleanor
Title: Chief Executive Officer
Emmett Heath, Director of Administration
Date: --"Z- -- 7 r-,
CITY OF EDMON S
By:
Name: Mike Cooper
Title: Mayor
Date: 8• -? I. -Q&) o
ATTACHMENT A
SCOPE OF WORK
CTR PROJECT NAME: Incentives Program for Rideshare Users, City of Edmonds
PROJECT DESCRIPTION:
In order to increase the number of city employees using the rideshare option, the city will
provide incentives to those users. An employee becomes eligible in the Commute Trip
Reduction program by ridesharing at least twice a week in a month. Once an employee has
completed the first month of participation, they are provided with a start-up incentive. At the end
of every month, an incentive is provided to the employee with the highest participation.
Additionally, every eligible employee is entered into a monthly prize drawing. Finally at the end
of the year, a Commute Trip Reduction award is provided to the employee with the highest
annual participation. The incentives range from ORCA cards, car wash coupons and Visa gift
cards.
• Participants must use a commute alternative at least twice a week every month to be
eligible for the monthly incentive.
• Participants that use a commute alternative to get to work at least two times per week in
the first month will receive a $40 incentive.
• For each subsequent month, the employee with the highest amount of participation will
receive a $20 incentive
• Participants that meet the minimum requirement will be entered into a drawing for the
other $20 monthly incentive. The winner of highest amount of participation incentive will
not be included in the drawing.
• At the end of the year, the participant with the most logged trips will receive an $80
incentive.
• The participant with the second highest number of logged trips will receive a $40
incentive.
• Project will have a transportation fair during the first quarter of the program to help
employees find an alternative to driving alone.
• Emails will be sent monthly to advertise the program and announce the monthly winners.
• Posters and brochures will be placed strategically throughout the city's buildings in high
employee traffic areas.
PROJECT TIMELINE:
May 28, 2010
June 1 — 30, 2010
July 2010
July 21, 2010
August 1, 2010
September 15, 2010
December 15, 2010
March 15, 2011
May 2011
June 15, 2011
Project development
Marketing program
Program begins
Transportation Fair
Monthly prize drawings begin
First quarterly report due
Second quarterly report due
Third quarterly report due
Annual award
Final report due
4'1
TRIP REDUCTION POTENTIAL:
The addition of these incentives plans to show a 100% increase in the number of ridesharing
employees. A ridesharing employee will be an employee using any alternative to drive alone to
the worksite. At the time of grant award, the city has 15 rideshare participants. By end of
program they will have 30 participating on a regular basis. The city expects 50 employees to
participate in the start-up program.
TRACKING TOOLS:
This program will track the number of ridesharing employees. It will include new participants
and those that continue in the program. Participants will track their commute behavior using
RideshareOnline.com's calendar function. The program manager will be able to print a list of
users and the positive affects the program is having on the environment. There are currently no
registered users from the City of Edmonds in RideshareOnline.com.
MARKETING EFFORTS:
The program will be promoted to all employees using emails, posters and brochures placed in
frequently used rooms of different city buildings.
REQUIREMENTS OF PROJECT:
1) To educate and encourage ride sharing and the formation of new carpools to
reduce SOV trips.
2) Provide expanded program elements including subsidies for carpool drivers and
bus riders.
3) Subsidies and incentives will be provided to new participants only.
BUDGET:
Grant Amount: (You may exceed this amount only at your own expense). $2,600
Start up incentives (50 x $40) $2000
End of month incentives (2 per month x $20) $480
Annual CTR award (1 x $80, 1 x $40) $120
Company match: $650 (13 total hours x $50/hour)
Total Program Cost:
$3,250
A
ATTACHMENT B
QUARTERLY REPORT
Smart Commuter Project Grant Quarterly Report
ETC Name:
Bertrand Hauss
Company:
City of Edmonds
Phone:
(425)771-0220
Fax:
425)672-5750
Email:
bertrand.hauss@ci.edmonds.w
a. us
CEO Name:
Mayor Gary Haakenson
Use this form to describe the CTR activities at your worksite for June through August 2010. This
information will be used during the project review process. Please submit this form and
attachments by September 15, 2010 to:
Debbie Anderson, Community Transit
debbie.anderson@commtrans.org or Fax: 425-348-7185
Grant recipients must answer the questions below about your grant project activities. Feel
free to use additional pages as necessary and attach examples.
1. Describe, in detail, your grant -funded activities during the past three months, including
promotions, special events, information distribution, management involvement/support and
results you achieved.
2. Describe the grant activities you will accomplish for the next three months including
promotions, special events, training, management involvement, and program improvements.
3. Attach copies of your promotional pieces and your tracking forms.
4. Provide all grant -funded expenses incurred during this quarter on the invoice form provided.
Attach your receipts or proofs of expenditures for reimbursement.
7
City of Edmonds Smart Commuter Project Grant Expenditures
1st Quarter
Categories
Amount
Each
Year to Date Approved
Quantity Total Amount Amount Grant Amount
Grant Amount
Remaining
Required Activities:
$40
_
$2,000
-
$2,000
a. Start Up
Incentives
$20
$480
$480
b. Monthly
Incentives
$80/$40
$120
_
$120
c. Annual
Incentives
d. Other
Expenses
(Specify in
Summary
Below)
Subtotal:
$0.00
$0.00
$0.00
$0.00
$2,600
$2,600
=mMI^►ier Mnfrrh-
a. Staff Hours
$50
$650
$650
b. Other
Expenses
(Specify in
Summary
Below)
Subtotal:
$0.00
$0.00
$0.00
$0.00
$650
$650
Project Total:
$0.00
$0'00
$0.00
$0.00
$3,250
$3,250
Amount of Reimbursement Requested For 1st Quarter
Please state amount requested for reimbursement as set forth in the Smart Commuter Grant Project Agreement.
Reimbursement amount may not exceed the total grant funds encumbered for your project.
Categories Amount Each Quantity Total Amount Paid Reimbursement Request
This Quarter Amount
a. Start Up $40
Incentives _
b. Monthly $20
Incentives
c. Annual $80/$40
Incentives _
d. Other Expenses
(Specify in
Summary
Below)
Total: $0.00 $0.00