Snohomish County Commute Trip Reduction ProgramINTERLOCAL AGREEMENT FOR ADMINISTERING
COMMUTE TRIP REDUCTION (CTR) PLANS AND PROGRAMS
This AGREEMENT, entered into by and between Snohomish County Public Transit
Benefit Area (hereinafter referred to as COMMUNITY TRANSIT), and City of
Arlington, City of Bothell, City of Edmonds, City of Lynnwood, City of Marysville, City
of Mukilteo, City of Monroe, City of Mountlake Terrace, (hereinafter referred to as the
CITIES), and hereinafter collectively referred to as the PARTIES, WITNESS THAT:
WHEREAS, RCW 70.94.527 requires counties containing urban growth areas
and cities and towns with "major employers," that are located within urban
growth areas with a state highway segment exceeding the threshold of one
hundred person hours of delay to develop ordinances, plans and programs to
reduce Vehicle Miles Traveled (VMT) and Single Occupant Vehicle (SOV)
commute trips, and thereby reduce vehicle -related air pollution, traffic congestion
and energy use, and
WHEREAS, COMMUNITY TRANSIT worked in partnership with the CITIES
to develop a common CTR plan and ordinance that has been adopted into law by
the CITIES; and
WHEREAS, the PARTIES believe that it is more efficient and effective to
implement the plans and programs in a common manner and to designate
COMMUNITY TRANSIT as the lead agency responsible for coordinating the
development and implementation of the CTR plans and programs for the CITIES;
and
WHEREAS, the PARTIES agree that the CITIES will assist COMMUNITY
TRANSIT through the enforcement of their respective CTR ordinances; and
WHEREAS, the CITIES have determined that the funds to support the CTR base
plans and programs for the CITIES from the Washington State Department of
Transportation (hereinafter referred to as WSDOT) will be provided to and
managed by COMMUNITY TRANSIT to support the implementation and
administration of the CTR plans and programs within the CITIES; and
WHEREAS, the CITIES determine that it is within the best interest of the public
to enter into an interlocal agreement with COMMUNITY TRANSIT, whereby
COMMUNITY TRANSIT will be the lead agency responsible for implementing
and administering the CITIES' CTR plans and programs; and
NOW, THEREFORE, in consideration of covenants, conditions, performances and
promises hereinafter contained, the PARTIES hereto agree as follows:
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Interlocal Agreement for Administering CTR Plans and Programs (2015-2019) Page 1 of 10
2/✓r-/5 49 6,ao-ll
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.
3. FUNDING: COMMUNITY TRANSIT shall receive all funds provided by the
Washington State Department of Transportation (WSDOT) allocated for the
CITIES to support the administration of the CTR base plans and programs.
4. CHANGE IN FUNDING: This AGREEMENT is contingent upon
COMMUNITY TRANSIT's receipt of funds from the WSDOT. If the WSDOT
funds for CTR are reduced or eliminated, the PARTIES shall review this
AGREEMENT to determine the course of future CTR activities in Snohomish
County and any amendments to this AGREEMENT that may be required.
AGREEMENT PERIOD: This AGREEMENT is effective for COMMUNITY
TRANSIT and each individual PARTY as of the date signed by COMMUNITY
TRANSIT and each individual PARTY regardless of the signatures of the other
parties to the agreement. The term of this AGREEMENT shall be from the
effective date until June 30, 2019.
6. TERMINATION: The CITIES and/or COMMUNITY TRANSIT may terminate
this AGREEMENT by providing written notice of such termination, specifying
the effective date thereof, at least thirty (30) days prior to such date.
Reimbursement for services performed by COMMUNITY TRANSIT, and not
otherwise paid for by WSDOT prior to the effective date of such termination shall
be paid as a pro rate portion of the applicable WSDOT allocation amount by
WSDOT.
7. SEVERABILITY: One or more of the CITIES may withdraw from this
AGREEMENT by providing written notice of such intent, specifying the effective
date thereof, at least thirty (30) 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.
Interlocal Agreement for Administering CTR Plans and Programs (2015-2019) Page 2 of 10
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. INDEMNIFICATION:
A. COMMUNITY TRANSIT shall protect, hold harmless, indemnify, and
defend, at its own expense, the CITIES and their elected and appointed officials,
officers, employees and agents, from any loss or claim for damages of any nature
whatsoever, arising out of the performance of Community Transit of this
Agreement, including claims by the state, COMMUNITY TRANSIT's employees
or third parties, except for those damages solely caused by the negligence or
willful misconduct of the CITIES or their elected and appointed officials, officers,
employees or agents.
The CITIES shall protect, hold harmless, indemnify, and defend, at their own
expense, COMMUNITY TRANSIT, its elected and appointed officials, officers,
employees and agents, from any loss or claim for damages of any nature
whatsoever, arising out of the performance of the indemnifying party, City of this
Agreement, including claims by the state, the CITIES' employees or third parties,
except for those damages solely caused by the negligence or willful misconduct of
COMMUNITY TRANSIT, its elected and appointed officials, officers,
employees or agents.
B. 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.
C. 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.
Interlocal Agreement for Administering CTR Plans and Programs (2015-2019) Page 3 of 10
IN WITNESS WHEREOF, City of Arlington, City of Bothell, City of Edmonds, City of
Lynnwood, City of Marysville, City of Mukilteo, City of Monroe, City of Mountlake
Terrace and Community Transit have executed this AGREEMENT as of the date and
year written below.
COMMUNITY TRANSIT/
utho -ized Signa ure
Emmett Heath
Chief Executive Officer
7/l5 �JS
Date
CITY OF BOTHELL
Authorized Signature
Robert Stowe
City Manager
Date
CITY OF LYNNWOOD
Authorized Signature
Nicola Smith
Mayor
Date
CITY OF ARLINGTON
Authorized Signature
Barbara Tolbert
Mayor
Date _._...
CITY OF EDMONDS
Authorize Sign t e
David Earling
Mayor
C� -2�'W4-,S-
DateV
CITY OF MARYSVILLE
Authorized Signature
Jon Nehring
Mayor
Date
Interlocal Agreement for Administering CTR Plans and Programs (201S-2019) Page 4 of 10
IN WITNESS WHEREOF, City of Arlington, City of Bothell, City of Edmonds, City of
Lynnwood, City of Marysville, City of Mukilteo, City of Monroe, City of Mountlake
Terrace and Community Transit have executed this AGREEMENT as of the date and
year written below.
COMMUNITY TRANSIT
Authorized Signature
Emmett Heath
Chief Executive Officer
Date
CITY OF BOTHELL
Authorized Signature
Robert Stowe
City Manager
Date
CITY OF LYNNWOOD
Authorized Signature
Nicola Smith
Mayor
Date
CITY OF ARLINGTON
Authorized Signature
Barbara Tolbert
Mayor
Date
CITYrr OF EDMONDS
N"I
Authorized Sig a rk
David Earling
Mayor
Date
CITY OF MARYSVILLE
Authorized Signature
Jon Nehring
Mayor
Date
Interlocal Agreement for Administering CTR Plans and Programs (2015-2019) Page 4 of 10
CITY OF MONROE
Authorized Signature
Geoffrey Thomas
Mayor
Date
CITY OF MUKILTEO
Authorized Signature
Jennifer Gregerson
Mayor
Date
CITY OF MOUNTLAKE TERRACE
Authorized Signature
Jerry Smith
Mayor
Date
Interlocal Agreement for Administering CTR Plans and Programs (2015-2019) Page 5 of 10
EXHIBIT "A"
Statement of Work
ADMINISTERING COMMUTE TRIP REDUCTION PLANS
1. INTRODUCTION
The Cities of Arlington, Bothell, Edmonds, Lynnwood, Marysville, Mukilteo,
Monroe and Mountlake Terrace (CITIES) have all adopted a similar CTR
ordinance.
This STATEMENT OF WORK is incorporated into the Interlocal Agreement
titled "INTERLOCAL AGREEMENT FOR ADMINISTERING COMMUTE
TRIP REDUCTION (CTR) PLANS" and outlines the tasks and responsibilities
for each of the PARTIES.
COMMUNITY TRANSIT TASKS
2. GENERAL TASKS
2.1 Maintain and administer the CITIES' CTR Plans and programs according
to the provisions of RCW 70.94.521-551.
2.2 Provide Washington State Department of Transit (WSDOT) with a public
hearing notice and copies of any proposed amendments to the 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.
2.3 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 shall be established and maintained
within COMMUNITY 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 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.
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3. SERVICES PROVIDED TO EMPLOYERS
Provide affected employers with access to information and services, which will enable
them to plan, implement, and manage Commute Trip Reduction (CTR) programs in a
way that implements the CITIES' CTR plans and ordinances and meets individual
employer goals.
3.1 Organize the content and format of a comprehensive CTR educational
program for employers and jurisdictions.
3.2 Ensure that the comprehensive CTR educational program in Snohomish
County is consistent with that developed by the Washington State
Technical Assistance Team.
3.3 Each of the CITY ordinances requires employers to appoint an Employee
Transportation Coordinator (ETC) who will coordinate the CTR program
at that employment site. Personalized assistance to and on -site
presentations will be provided to ETCs, managers and employees.
3.4 Offer free to affected employers complete ETC training at least once every
six months with priority given to designated ETCs.
3.5 Provide opportunities for ETCs to network with the ETCs of other
affected employers.
3.6 Continue to provide outreach assistance to affected employers, new
affected employers, and potential affected employers.
3.7 Provide information and technical assistance to affected employers in
preparing and revising individual trip reduction programs. Explain legal
requirements and assist with initial survey and plan development.
3.8 Work with CITIES to develop new transportation demand management
(TDM) programs to implement CTR Plans such as Telework, Alternative
Work Hours, Subsidy/Incentives, and Parking Management.
3.9 Coordinate and facilitate employer networking, employer peer
reinforcement and employer recognition programs.
3.10 Produce two annual rideshare campaigns and distribute campaign
materials.
3.11 Plan, promote and implement employer transportation events, including
customized worksite carpool and vanpool events, and provide event
prizes.
3.12 Design and distribute CTR marketing materials, including new employee
orientation materials, which employers may use or copy to implement,
promote and manage CTR programs.
3.13 Provide employers with access to information, materials and programs that
will enable them to adequately promote CTR programs. Produce
customized marketing materials for employees upon request.
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3.14 Be available to attend at least one rideshare fair or employer promotion
per year for each affected employer. Encourage employers to work
together and hold joint events.
3.15 Support CTR programs by offering supplemental services including a
regional ride matching program, vanpool program and Guaranteed Ride
Home program.
3.16 Take the lead in coordinating the survey process for employers. Provide
survey workshops to employers during measurement years. Distribute and
collect the state "CTR Employee Questionnaires" (survey forms). Work
with the appropriate agencies to coordinate the processing of the employer
surveys. Ensure that employers timely receive their survey results. Offer
survey follow-up meetings to all employers. Return processed surveys to
employers.
3.17 Send or deliver employer surveys for processing as instructed by WSDOT.
Prior to sending or delivering any surveys, notify WSDOT of the name of
the worksite(s) and the employer identification code(s) for any surveys
being submitted for processing. The notification should be submitted via
electronic mail, fax, or U.S. Postal Services.
4. ANNUAL EMPLOYER REPORTING & PROGRAM REVIEW
4.1 Notification of Newly Affected Sites as defined by CITY ordinance
4.1.1 Identify list of potential new sites and contact person and send
notification inquiry to determine if affected.
4.1.2 Confirm status and secure state ID code.
4.1.3 Create timeline and legal file.
4.2 Site Analysis and Program Review
4.2.1 Notify affected employers when quarterly and/or annual program
reports are due and provide affected employers with limited direct
assistance in preparing written program submissions.
4.2.2 Review program reports for completeness for new sites and for
sites that made progress toward goal.
4.2.3 For sites that didn't make progress, review survey results and
recent program data and evaluate the potential for progress toward
single occupant vehicle (SOV)/vehicle miles traveled (VMT)
reduction.
4.2.4 Make recommendations to CITIES for program improvements for
sites that did not make progress.
4.2.5 Generate approval/non-approval letter for CITIES signature.
4.2.6 Follow up with employers whose programs have not been
approved and assist in modifying CTR program.
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4.3 Exemptions & Modification
4.3.1 Receive employer requests for exemptions or modifications and
send copy of request to CITIES.
4.3.2 Copy request to WSDOT for comment.
4.3.3 Review and analyze request and provide comments to CITIES;
CITIES reviews analysis and provides directions to
COMMUNITY TRANSIT.
4.3.4 Generate and send response if directed so by CITIES.
4.4 Records Maintenance
4.4.1 Maintain database and master file records on all affected worksites.
4.4.2 Provide WSDOT with electronic or hard copy of each employer
program report approved within the quarter.
5. COORDINATION
5.1 Serve as a liaison between WSDOT and the CITIES for the purposes of
RCW 70.94.521-551.
5.2. Coordinate CTR outreach and marketing efforts with the CITIES and
other transit agencies (including Metro CTR and Metro Rideshare) in
order to create a comprehensive CTR program.
5.3 Collaborate directly with the CTR planning coordinators from the CITIES
in working with affected employers to facilitate the timely development,
submission, implementation, and revision of affected employer programs.
5.4 Coordinate and facilitate CTR coordinator's group meetings consisting of
the CTR planning coordinators from CITIES as needed. This group
functions as an information, coordination, and collaboration group for
CTR activities.
5.5 Attend jurisdiction and regional meetings representing CITIES' issues.
5.6 Work with CITIES to develop and fund new TDM programs to implement
CTR Plans such as Telework, Alternative Work Hours,
Subsidy/Incentives, and Parking Management.
5.7 Help jurisdictions monitor the progress of affected employers after CTR
programs are implemented.
5.8 Meet at least annually with the each CITY to discuss employer CTR
programs in each jurisdiction.
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6. REPORTING
6.1 With an invoice voucher, submit to WSDOT quarterly progress reports in
a format approved by WSDOT, that adequately and accurately assess the
progress made by the 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 fifteen
(15) days of the end of the final quarter.
6.2 Provide at least quarterly to WSDOT, updated employer information in
the electronic format provided by WSDOT to satisfy the jurisdictions'
reporting requirement.
6.3 Provide the CITIES with quarterly progress reports including narrative
summary of tasks performed.
CITIES TASKS
7. GENERAL TASKS
7.1 Provide COMMUNITY TRANSIT with copies of any proposed
amendments to the CTR Plan and Ordinance.
7.2 Notify COMMUNITY TRANSIT of potential CTR-affected sites. Send
notification letter to new sites. COMMUNITY TRANSIT will generate
letter for CITIES signature.
7.3 Review business license procedure for ways that the CITIES can more
effectively and efficiently provide Community Transit with information on
potential newly affected employers.
7.4 Attend CTR coordinator group meetings when scheduled.
7.5 Meet with COMMUNITY TRANSIT at least annually to discuss
employer CTR programs.
7.6 Sign annual employer report approval/disapproval letters.
7.7 Attend mediation meetings with employers during program review process
if necessary.
7.8 Review employer exemption/modification requests from analysis
submitted by COMMUNITY TRANSIT. Provide direction to
COMMUNITY TRANSIT draft response to employer (if desired by
CITIES).
7.9 Report to COMMUNITY TRANSIT, at least annually, all activities made
to implement the CTR Plan or Ordinance with an estimation of costs.
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