CON0000004 - 7/1/2017 - ILA for Commute Trip Reductionlug
INTERLOCAL AGREEMENT
FOR
COMMUTE TRIP REDUCTION
Effective Dates July 1, 2017_
Parties: City of Vancouver, a municipal corporation of the State of
Washington; and
Clark County ("the County"), a municipal corporation of the State of
Washington;
City of Camas, a municipal corporation of the State of Washington;
and,
City of Washougal, a municipal corporation of the State of
Washington
Recitals:
A. In 2006 the Washington legislature passed the " Commute Trip Reduction {CTR)
Efficiency Act requiring local governments in urban area with traffic congestion to
develop programs that reduce drive -alone trips and vehicle miles traveled per
capita. The CTR Efficiency Act amended the1991, Commute Trip Reduction Law,
codified as §70.94.521-.551 RCW.
B. As required by § 70.94.527(1} RCW of the CTR law as amended, the parties
have adopted Commute Trip Reduction ordinances and plans for the purpose of
reducing the number of commute trips to work in single occupant vehicles,
alleviating air pollution, reducing energy consumption, and addressing traffic
congestion problems.
C. As authorized under the CTR law and the Interlocal Cooperation Act, Chapter
39.34 RCW, the parties desire to enter into this Agreement to achieve and
maintain compliance with the requirements of the CTR law.
NOW, THEREFORE, BE IT RESOLVED that in consideration of covenants, conditions,
performances, and promised hereinafter set forth, the parties hereto agree as follows:
IV. P�.�r c�. The purpose of this Agreement is to establish a mechanism for ensuring
compliance with the CTR law, to enable the parties of this Agreement to meet the
statutory requirements by the applicable deadlines, and to specifically provide for the
definition and coordination of each of the tasks for which the parties to this Agreement
will be responsible in achieving the goals and requirements of the CTR law.
V. Funding
A. The City of Vancouver will utilize funds received from the Washington State
Department of Transportation in the manner described in the 2017-2013
Commute Trip Reduction Work Plan that is attached hereto and incorporated
herein, by this reference, as part of this Agreement. The City of Vancouver is
authorized to redistribute funds as necessary due to changes in program
responsibilities and would do so using an amendment to this agreement if
necessary.
B. The expenditure of funds is subject to the requirements of Washington State
Department of Transportation guidelines.
C. The parties to this Agreement shall use best efforts to jointly apply for additional
grant funds to support continued and coordinated implementation of the CTR
law.
Vl. Service Provisions. Funds provided to the parties under this Agreement shall be used
exclusivelY
for activities undertaken to fulfil! the requirements of §§70.94.521-.55� RCW
and to implement the tasks as described in the 2017-2019 Commute Trip Reduction
Work Plan.
VII
VIII
!X.
Agreement Period. The effective date of this Agreement shall be July 1, 2017. The
termination date shall be June 30, 2019.
Coordination %J Work: Each of the parties to this Agreement agrees to use its best
efforts to coordinate with the other parties hereto in order to best achieve the purposes
of the CTR law.
Disbursement Provisions:
A; Acting as Program Administrator, the City of Vancouver shall submit an invoice,
with an estimate of expenditures by budget categories used by the City for all
state CTR funds expended for the purpose of CTR implementation. The period
for which these invoices cover all expenses can be determined by the party
submitting the invoices, but shall not be submitted more frequently, or cover
periods of less than three months.
B. The City of Vancouver shall submit progress reports, to be forwarded to the
Washington State Department of Transportation, accompanying the invoices for
covered expenses. These reports should summarize:
1. Recent CTR events and projects;
2. A detailed summary of implementation assistance provided to affected
employers within each jurisdiction;
3. A list of scheduled CTR events, projects, and implementation assistance
to be provided to affected employers including all CTR training classes
C. All invoiced items shall be exclusively for activities undertaken to fulfill the
requirement of §70.94.521-.551 RCW and in accordance with Washington State
Department of Transportation guidelines on the expenditure of funds. Such
funds may only be used to implement tasks as described in the 2097-2099
Commute Trip Reduction Work P/an.
X. Employment Provisions: There shall be no discrimination against any employee who is
paid by the funds indicated in the Agreement or against any applicant for such
employment because of race, religion, color, sex, marital status, creed, national origin,
age, Vietnam era or disabled veterans status, or the presence of any sensory, mental,
or physical handicap. This provision shall include, but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment, advertising, lay-off or
termination, rate of pay or other forms of compensation, and selection for training.
XI. Agreement Modifications. The governing bodies of the parties hereto may request
modifications to this Agreement. Any such changes that are mutually agreed upon by
the parties hereto shall be incorporated herein by written amendment of this Agreement.
It is mutually agreed and understood that no alteration or variation of the terms of this
Agreement shall be valid unless made in writing and signed by the parties hereto and
that any oral understanding or agreements not incorporated herein shall not be binding.
XII. Hold Harmless: 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 that of its
officers, agents or employees to the fullest extent required by law, and agrees to save,
indemnify, defend, and hold the other party harmless from any such liability. In the case
of negligence of both parties, any damages allowed shall be levied in proportion to the
percentage of negligence attributable to the other party. 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 neither the
State of Washington nor the parties to this Agreement are liable for damage or claims
for damages arising from any subcontractor's performance or activities under the terms
of the contracts.
XIII. Governing Law and Venue: The Agreement shall be construed and enfiorced in
accordance with, and the validity and performance thereof shall be governed by the
laws of the State of Washington. Venue of any suit between the parties arising out of
this Agreement shall be the Superior Court of Clark County, Washington,
XIV. Severaty: In the event any term or condition of this Agreement or application thereof
to any person or circumstances is held invalid, such invalidity shall not affect other
terms, conditions or applications of this Agreement which can be given effect without
the invalid term, condition or application. To this end the terms and conditions of this
Agreement are declared severable.
XV. Recapture Provision:
A. In the event that a party fails to expend state funds in accordance with state law
and/or the provisions of this Agreement, the City of Vancouver reserves the right
to recapture state funds in an amount equal to the extent of noncompliance.
S. Such right of recapture shall exist for a period not to exceed three (3) years
following termination of the Agreement. Repayment by the party of state funds
under this recapture provision shall occur within thirty (30) days of demand. In
the event that the City of Vancouver is required to institute legal proceedings to
enforce the recapture provision, the City of Vancouver shall be entitled to its cost
thereof, including reasonable attorney's fees, to be compensated by the party.
C. This Agreement shall be subordinate to and governed by all provisions and terms
contained in the Commute Trip Reduction Implementation Agreement between
City of Vancouver and the Washington State Department of Transportation
attached hereto
XVI. Reduction in Funds: The City of Vancouver may unilaterally terminate all or part of this
agreement, or may reduce its scope of work or budget under this Agreement, if there is
a reduction of funds by the source of those funds, and if such funds are the basis for
this Agreement.
XVII. Americans with Disabilities Act of 1990
,. Public Law 101-336 (ADA): Parties to this
Agreement must comply with the ADA, which provides comprehensive civil rights
protection to individuals with disabilities in the areas of employment, public
accommodations, state and local government services, and telecommunications.
XVIII. Termination: Notwithstanding any provisions of this Agreement, any party may
terminate their participation in this Agreement by provng written notice of such
termination to all other parties, specifying the effective date thereof, at least thirty (30)
days prior to such date. Reimbursement for services performed by any party and not
otherwise paid for prior to the effective date of such termination shall be made
according to the terms of this Agreement.
XIX. Property: All equipment, property, or improvement used to effectuate this Agreement
shall become the sole property of the Party who provided the equipment, property, or
improvement.
IN WITNESS THEREOF the undersigned entities have executed this Agreement as of the date
and year written below.
City of Vancouver
Approved as to Form only
By:
Bronson Potter, City Attorney
Attest:
AUTHORIZED SIGNATU
By:
Eric Holmes, City Manager
Natasha Ramras, City Clerk
By: Carrie Lewellen, Deputy City Clerk
Clark County
Date
Approved as to Form only:.
1
By: _ By:
Deputy Prosecuting Attorney
Gity of Garnas
Chair
Approved as to Form only:
By:
City Attorney
City of IlVashougal '
Approved as to Form only:
By:--
City Attorney
,
NMI
unty Commissioners Date
AUTHQRIZED SIGNATURE:
By_
Mayor /City Manager
AUTHORIZED 51GNATURE:
By•
Mayor /City Manager
ATTAGHMENTS: ZCI97-2079 Commute TrrpReduction WorkP/an
Date
Date
Approved as to Form only: AUTHORIZED SIGNATURE:
By: _ -
Deputy Prosecuting Attorney Chair, Clark County Commissioners Date
City of Camas
Approved as to Form only:
3y
City Attorney
City of Washougal
Approved as to Form only:
By:
City Attorney
AUTHORIZED SIGNATURE:
Mayor /City Manager Date
AUTHORIZED SIGNATURE:
Mayor / City Manager Date
ATTACHMENTS: 2017-2019 Commute Trip Reduction Work P/an
Approved as to Form only: AUTHORIZED SIGNATURE:
Deputy Prosecuting Attorney Chair, Clark County Commissioners Date
City of Camas
Approved as to Form only:
AUTHORIZED SIGNATURE:
City Attorney Mayor/ City Manager
City of Washougal
Approved as to Form only:
city
AUTHORIZED SIGNATUF�E:
ATTACHMENTS: 2017-2019 Commute trip Reduction Work Plan
Date
For the Interlocal Agreement
covering the
2017-2019 Biennium
July 1, 2017 - June 30,2019
COMMUTE TRIP REDUCTION
WORK PLAN
Introduction
The purpose of this work plan is to establish commute trip reduction (CTR) task descriptions and
responsibilities, and associated budgets for each public agency party to the Interlocal Agreement,
effective July 1, 2017 — June 30, 2019, between the City of Vancouver, Clark County, City of Camas
and City of Washougal.
The work plan is divided into four sections: Introduction, Agency Task Descriptions and
Responsibilities, Major Goals and Budget.
II. Agency Task Descriptions and Responsibilities
City of Vancouver:
TASK
PURPOSE/GOAL
Employee Transportation Coordinator
To keep ETC's updated with current information, motivated and
Networking Meetings
trained. Attendance goal — 75%.
Plan CTR regional promotional campaigns
Keep the employees at the CTR participating worksites aware of
and provide the messaging and content for
the benefits of alternative commute options and current
the campaign promotional materials,
campaigns to encourage trying an alternative commute
Additionally participate in any statewide
CTR campaigns
Identify and notify worksites that may be
Employer worksites with 100+ employees that work between &
affected by the CTR law
9AM are required by law to participate in the CTR program. The
CTR Jurisdiction representatives are to contact those worksites
to verify its status and notify the employer if it is a CTR affected
worksite.
Conduct ETC Basic Training workshops at
Fulfill the WSDOT requirement to provide ETC Basic Training
least oncelyear. More workshops will be
using the ETC Handbook template provided by WSDOT
added if the need exists.
Administer the regional Emergency Ride
The ERH program provides "peace of mind insurance to
Home (ERN) program
employees to help them overcome the barrier of not having a
car accessible at work in the event of an emergency. The local
ordinances require CTR employer worksites to offer an ERH
program to its employees participating in the CTR program. The
current budget supports the CTR program providing an ERH
program.
Participate in CTR employer benefit fairs,
The CTR program is committed to supporting the worksite
transportation fairs, etc_as needed.
efforts to increase employee participation in CTR by staffing
CTR information booths at employer sponsored events. ETC's
are encouraged to include the CTR program at the employer
Pell Parties to this Agreement (as appropriate)
A. Meet as needed with the Commute Trip Reduction Steering Group which is made up of Clark
County, the City of Vancouver, the City of Camas, City of Washougal and other city jurisdictional
representatives if applicable.
B. Maintain and administer a CTR ordinance and local CTR plans for affected employers in their
respective jurisdictions.
sponsored events_
Administer the CTR Website,
Perform quarterly updates of ClarkCommute. org assuring
ClarkCommute.org
content, links, etc, are current.
Oversee the bi-annual employee survey
The CTR office will coordinate with WSDOT to oversee the CTR
process
employee survey process, making sure 100% of the CTR
affected worksites comply with the CTR survey requirement.
The next survey is scheduled for Spring, 2019.
Provide technical guidance and support to
Provide the training and program materials necessary for CTR
worksite employers in developing,
affected worksites to submit a CTR Annual Program Report.
implementing and/or modifying an
This includes review of the report and recommendation to the
employer's CTR program. Oversee the
worksites that may increase non -drive alone commutes by the
CTR worksite annual reporting process
employees. Once reviewed, the CTR Program Report will be
submitted to the appropriate CTR Jurisdiction representative for
final approval.
Submit a biennial work plan to WSDOT
Submitted with first Quarterly billing of new biennial contract (on
which outlines the major tasks and activities
or about October following the signing of the biennial WSDOT
including, but not limited to, employer
Transportation Demand Implementation Agreement,
training and networking activities, employer
program review, survey activities, and
advertising and promotional campaigns.
Serve as a liaison between WSDOT CTR
Fulfill obligation in RCW 70.94.521.551
office, Clark County, City of Camas, and
s City of Washougal
Coordinate with SW Washington Region
Process will take place 2018-2019 based on direction received
Transportation Council (RTC) regarding
from WSDOT
update of CTR regional plans
Submit invoice to WSDOT on WSDOT
Submitted within forty-five (45) days of the end of each six
approved invoice format along with
month period. The final progress report filed will discuss lessons
progress reports, in the format provided in
learned, challenges and barriers.
Attachment 1 of the State CTR Contract
that accurately assesses the progress
made by the county and affected
jurisdictions in implementing RCW
70.94.521.551,
Pell Parties to this Agreement (as appropriate)
A. Meet as needed with the Commute Trip Reduction Steering Group which is made up of Clark
County, the City of Vancouver, the City of Camas, City of Washougal and other city jurisdictional
representatives if applicable.
B. Maintain and administer a CTR ordinance and local CTR plans for affected employers in their
respective jurisdictions.
Ce Provide WSDOT with a public hearing notice and copies of any proposed amendments to the
CTR ordinance, local CTR plans, and/or administrative guidelines within the first week of the
public review period and final copies of all actions within one (1) month of adoption.
D. Establish and maintain books, records, documents, and other evidence and accounting
procedures and practices sufficient to properly reflect 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 the existing accounting system or
independently set up. 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
jurisdictions or others, shall be supported by properly executed payrolls, time records, invoices,
contracts, vouchers, or products, proving in proper detail, the nature and propriety of the
charges.
E. Maintain an appeals process. This process must be consistent with RCW 70.94.534(6} and
procedures contained in the Commute Trip Reduction Task Force Guidelines whereby
employers in the local jurisdictions may obtain an exemption or modification of CTR
requirements, including the establishment of alternative SOV/VMT goals. The county, affected
jurisdictions, or their designee, will submit requests for exemptions or modifications including
requests for goal modifications, to the WSDOT for review and comment within five (5) days of
receiving such requests. The county, affected jurisdictions, or their designee, shall not approve
or deny any such request until receiving comment on the request as specified by the Clark
County/WSDOT CTR Agreement under WSDOT Task, Section 2 Exemption and Modifications.
Washington State Department of Transportation, SW Region
A, Washington State Department of Transportation is not a formal signatory to the interlocal
Agreement. It has, however, provided support for commute trip reduction activities over the past
ten years. It has assisted with training, surveying, developing marketing materials, and has led
the effort to make Clark County's CTR program a successful county -wide effort. The
Washington State Department of Transportation will be encouraged to continue its involvement
and provide its expertise for local commute trip reduction efforts.
III. Major Goals
GOAL
Increase carpool and vanpool rates by 2%
from 2007 baseline of 7.85% carpool rate to
9.85% (or 516 or more new daily carpool
trips — actual numbers vary based on total
number of employees surveying, if
carpooling decreased since baseline, etc.)
by 2019.
• 50% of CTR affected worksites will host carpool
matching event at the worksite
• CTR staff will provide support, materials and subsidy
rewards (from TRPP Performance fund) to encourage
drive alone commuters to shift to carpool commute
• Cultivate private/public partnerships featuring coupons
from local businesses near CTR worksite clusters to
reward carpool and other alternative commute options
IV. Budget
There is $204,011 available for the 2017-2019 biennium as is outlined in this workplan. Additionally the
remaining funding from the Trip Reduction Performance grant (2007-2009) and the allocated grant
funds designated in the 2016-2019 Clark County TDM Program package will be used to support
implementation of the 2017-2019 CTR Plan. The projected budget allocation is outlined below:
•
Encourage GTRAN Vanpool program to attend CTR
network meetings to promote and explain vanpool
formation for the region
Increase bicycle commute rates by 2% from
.
Partner with Bike Clark County and CVTV to create short
2007 baseline of 1.23% bicycle rate to
bike videos (Changing a Flat Tire, Correct Bike Helmet
2.23% (or 310 or more new daily bicycle
Fitting, Bike Mechanics 101, Safe Riding Tips)
trips — actual numbers vary based on total
i
accessible on ClarkCommute.org to help remove
number of employees surveying, if
barriers that keep commuters from cycling to work
carpooling decreased since baseline, etc.
Note this is an exceptionally high goal given
Bike Commuting campaigns
national average is 0.6% commuters bike to
work.) by 2019.
•
Cultivate private/public partnerships featuring coupons
from local businesses near CTR worksite clusters to
reward carpool and other alternative commute options
Coordinate regional transportation partners
.
Attend CTR Board meetings as needed
(C-TRAN, SW-WSDOT, RTC, CTR
Jurisdictions) to provide input for the
a
Provide comments and suggestions representative of
statewide WSDOT CTR planning and
the SW region as appropriate
advance practical solutions in SW
Washington
m
Participate in SW region corridor sketch
Increase vanpool participation
.
Increase coordination with C-TRAN's vanpool program
coordinator to increase awareness and vanpool
formation opportunities
Increase network opportunities and
Promote community transportation options to CTR
coordinated efforts with community
employer worksites
organizations, such as Human Services
Council, to increase awareness of work
.
Reach out to non-traditional CTR target audiences, such
commute transportation options
as churches, multi -family housing communities, etc. to
educate about transportation options
Integrate CTR program with the City of
.
Work with the new transportation planner to promote
Vancouver's Destination Downtown
alternative transportation modes for the downtown
program
businesses
•
Consider impact on parking and ways to address parking
demand
IV. Budget
There is $204,011 available for the 2017-2019 biennium as is outlined in this workplan. Additionally the
remaining funding from the Trip Reduction Performance grant (2007-2009) and the allocated grant
funds designated in the 2016-2019 Clark County TDM Program package will be used to support
implementation of the 2017-2019 CTR Plan. The projected budget allocation is outlined below:
2017-2019
Project / Task Budget
Regional CTR Coordination
Worksite Carpool Matching Program $ 15,000
Emergency Ride Home $ 1000
Postage/Mailroom Charge $ 1000
Program Materials (ex. Brochures, Bike Maps, Bike Cycling
Guides, Posters, Carpool Signs, ETC Training, Website
updates,etc.) $ 15,000
Program Administration/Implementation $ 180,150
City of Vancouver Computer/Phone Charge $ 5300
2017-2019 CTR Implementation Grant $204,011
Performance Funds TRPP Grant $ 22,357
STP Grant $ 20,000
Total: $ 246,368