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03-069 Commute Trip Reduction~~ ~ ~ ~~ ~_' ~. INTERG©VERNMENTAL AGREEVIE\`T TFTI$ AGRrEMTi\`T, made and entered into this 12'~ day of November, 2003 by and between the City of Spokane ~~alley, a municipal corporation of the State of V/a_shington, having offices for the transaction of business at 11707 F. Sprague Ave., Suite 106, Spokane Valley, OVA, 99206, hereinafter referred to as the "City" and Spokane County; a political subdivision of the State of Washington, having offices for the transaction of business at Vhcst 1026 Broadway Avenue; Spokane, Washington, 99260, hereinafter refen-ed to as the "County," jointly hereinafter referred to as the "Parties." W1Ti\°~SSETH VVI•IERFt1S, the Washington State Legislature has adopted legislation codified in RC~V 70.94.521 through 551, the purpose of which is to improve air quality, reduce traffic congestion and reduce the consumption of petroleum fuels through employer-based programs that encourage the use of alternatives to the single occupant vehicle for commute trips; and WTTEREAS, the County and each affected city within Spokane Count} have adopted Commute '1"rip Reduction Ordinances and must implement a Commute Trip Reduction (CTR) Plsn for all major employers; and WH.F,REAS, the Washington State Department of Transportation has the statutory authority under Section 2 of RCW 70.94.541 to provide assistance to local governments serving the communities o1' the State for the purpose of implementing Commute `T'rip Reduction Plans and Ordinances; and WHEREAS, pursuant to the provisions of RCW Section 70.94.544, the Washington State Department of Transportation is directed to proportionally distribute funds to counties, and counties upon receipt of such funds, proportionally distribute the same to cities based on number of affected worksites, to be used to intplernent and adminis[cr Commute Trip Reduction flans and Ordinances; and WHEREAS, Spokane County has entered into an agreement with the Washington State Department of Transportation under Ag7eement No. GCA3661, hereinafter referred ro as "WSDOT Agreement," pursuant to which Spokane County is eligible to receive a reimbursable amount of funds Intergovernmental Agreement Cortrmute Trip Rcductinn Program Page t of 9 C~~ -~9 ~' which the County will distribute to itself and cities to implement and administer Commute Trip Reduction Plans and Ordinances; and R'NFRFAS, pursuant to the provisions of RCV1' Section 70.94.527 (6), counties and cities may enter into agreements through the lnterlocal Cooperation Act to coordinate the development and implementation of Commute Trip Reduction Plans and Ordinances; and ~VHL•"1tL•"AS, Spokane County has allocat:cd $33,278.93 to the City fi•om the grant Agreement No. GCA3C67 which the City is now desirous of making available to the County to perform those tasks which are the responsibility of the City. i\'O~~', `l'H~"TtEFORF, for and in consideration of the mutual promises set forth hereinafter, and as authorised under chapter RC~~1' 70.94.52 7 (6), the parties hereto do mutually agree as follows: Section 1: YURI'OSF The County has entered into a WSDOT r~g;rccmcnt with the ~~'ashington State Department of Transportation under which it will receive $173,401 for year one and year two to be based on Exhibit 1 `'Funding Allocation iVlethodology". °1'his funding is to be allocated to the County artd cities within Spokane County for their use in the implementation and administration of their Commute `Trip Reduction Plans and Ordinances. The County, based upon an allocation formula established by the ~~Vashington State L7epartment of 'I'ransporittion, has deteri~iined that the City shall receive $33,278.93 from the 1~VSDOT Agreement from which it shall perform certxiin tasks. The Cit:}' agrees to its proportionate share of the monies made available to the County in the ~VSDOT Agreement and agrees to allow Spokane County to retain its proportionate share in consideration of the County performing Lhose tasks as more particularly set forth in Attachment "A" attached hereto and incorporated herein by reference. In conjunction with allowing the County to retain its proportionate share of monies, the City will execute any and all necessary documents which may be required by the V~'ashington State Department of Transportation. It is understood by the parties hereto, that in order for the County to perform those tasks as set forth in Attachment "A" for the City, the Cih~ must perform certain tasks. Attached hereto as Attachment "B" and incorporated herein by reference, is a listing; of tasks which the City agrees to perforn~ in conjw~ction with the County performing those tasks set forth in Attachment "A." Section 2: DiJRATION The County agrees to provide those tasks set forth in Section I and complete performing such tasks on or before June 30.2005. section 3: TERMINA'CION The parties agree that this Agreement may be terminated by either party for rnat.crial breach of any provision set forth herein, upon ninety (90) days advance written notice to the other party at the address set forth hereinabove. Provided, however, the parties agree that any notification of termination shall set forth the specific provision(s) for which such notification is being provided and additionally, advise that if such default is cured within such ninety (90) day time frame, said termination notification shall be of no force and effect. Ln the event of termination, the County agrees t:o provide to the City all written documentation which it has comlaleted to the date of te.rrnination under the terms of this Agreement. Additionally, the County agrees to return to the City that portion of the monies set forth in Section 1 hereinabove, which Intergo~~ernmentx! Agreement Commute Trip Reduction Pr oQram Naee 2 of 9 • -~ . ~ ~ _. _ has not been upended by the county, prior to the date of termination, on the City's behalf in providing those tasks as set forth in Attachment "A." Provided, further, the parties recognize that the Washington State Department of Transportation in Agrecrnent No. GCA3667, has retained the right to unilaterally terminate all or a part of such contract if there is a reduction of funds from the funding source. Accordingly, in the event that. t:he Washington State Department of Transportation terrriinat:es all or part of the V1'S170T Agreement with Spokane County, and such action affects the allocation of funds b}' the County to the City herein, and/or modifies the tasks to be performed hereunder, the parties will imrnediately meet to renegotiate the provisions of this Agreement. Section 4: Dl!,STGNATION Or ADMiNISTItATOR The County hereby designates Ms. Aurora J. Crooks, the Spokane County "1'ranspor•tation Demand Management. Manager, as its designee for the purpose of administering and coordinating the County's responsibilities under the terms of this r\greement. Section 5: ACUUTSTTION/DISl'OSiTiON OT I'1ZOPF.,RTY The parties hereto agree that any real or personal property acquired by the County with those monies made available to the County by the City under Section 1 hercinabove, shall be and remain the sole property of the County upon acquisition and/or termination of this Agreement. Section w5: COMYLTANCE ~~'ITH LAWS The County agrees to observe all applicable federal, state and local I~tws, ordinances and regulations including, but no necessarily limited to, the Americans with f7isabilities Act and chapter 49.60 RC\~1', to the extent that they may have any bearing on performing those tasks far the City as set forth in Section 1 hercinabove-. Additionally, the County agrees to comply with all applicable funding audit requirements of the \~l'ashington State Department of'1'ransportation in conjunction with performing those tasks for the City. Section 7: NOTICES All notices called for or provided for in this Agreement shall be in writing and must be sensed on any of the Parties either personally or by certified mail, rehrrn receipt requested, sent to the Parties at their respective addresses hercinabove given. Notices sent by certified mail shall be deemed served when deposited in the United States mail, postage prepaid. Section $: HEAT)TNGS The section headings in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to, define, limit or extend the scope or intent of the sections to which they appertain. Section 9: NIODIPTCATTON No modification or amendment of this Agreement shall be valid until the same is reduced to writing and executed tivith the same formalities as this present Agreement. IntcrEovcrnmental Apreenrent Commute Trip Reduction Program Page 3 of 9 ~ ~ - ~ Section lp: Ai..i.. R'R.TTINGS CON'T'AINED HE1tEI\7 This Agreement contains all the terms and conditions agreed upon by the Parties. 1'0 other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. The City has read and understands all of this Agreement, and now states that no representation, promise or agreement not c~pressed in this Agreement has been made to induce the City to execute the same. TIV WiTNH~SS N':HritEUlE:, the parties hereto have hereunto set. their hands and seals the day and year first above written. C17`Y OF SPOKANE V L,i..EY ray: Michael DeVleming, Mayo ,~~ ~-• _ CI=IRISTII~'l: BAII`BItIDGE CITY CLERK APPROVED AS TO FORM: 'AR .1aRiSKE L DEP ~1 Y CI'I"Y ATTORNEY BOAKD OF COUN'CY COMMLSSIONFRS SPO Lnr Y.1~V ShIINGTON J H R K.:.,L$Y, CHA1R PH]LL[P D. HAItIt1S, VICE CI-LAIR M. KATE McCASL[N V1CKY-~9. L7AL"1`ON ~ly /~? C2(1l fr~C~GSevIJ CLERK OF THE i~OAR.n ~P~y APPROV)l~ AS TO FORM: DEPU7`Y PROSI/CUTI~iG ATTORNEY °~ con~yis ~~~ ;I j.NE CpG '~i02 ~ :'QO ~ ~~'~p . ~ .t', ~, ~ ~'. ~ ~ . ~~y~SCpti~'~ fntergovernmcntsl Agreement Commute Trip Reduction Progr<+m Pagc 4 of 9 •.I Exhibit I Funding Allocation ~Tethodolo~ry Funding allocated by wSIaOT For local implementation of CTR activities is based on the following formula: I'ach county is provided $1,200 per affected worksite as a base. allocation to ensure sufficient ftmding to meet jurisdiction obligations pursuant to RC~V 70.94.521-551. 'I`he number of affected worksites in each county shall be based on information contained in ~VSDO"l' database as of May 1 of each year. The remaining funding will be allocated based on the nwnber of commute trips reduced per day in each county bern~een each worksit:e's base year survey and its most recent survey, provided ghat every county receives at least $80,000 per year. For the period July 1; 2003 through June 30, 2004, the most recent survey period will be 2001. Por the period July l; 2004 through Junc 30, 2005, the most recent survey period will be 2003. July 1, 2003 -.Junc 30, 2004 Allocation ounty \°umber of Sites Trips Reduced./n ay `Vorksite }arse Allocation Ycrformance Allocation dditional to Achicvc $80,00 Floor °fotal Allocation Benton $50,00 Clark 47 654 $56,40 $20,2Ei6 $3,334 $80,00 King 552 11,575 $662,400 $280,270 $942,67 Kitsap 32 0 $38,400 $0 $41,600 $80,000.0 Pierce 83 4.278 $99,600 $103,585 $203 185 Snohomish 84 1;050 $100,80 $25,424 $126,22 S okane 99 2,25 ~ $1 18,80 $54,601 $173,401 Thurston 65 579 $78,00 $14,020 $92,020 Whatcom 23 329 $27,60 $10195 $42,205 $80,000 Yakima 20 304 $24,00 $9,420 $46,58 $80,000 TOTAIJ 1,005 21,024 $1,2(1fi,000 551.7,781 .5133,719 S1,907,500.00 An}! distribution of funds to jurisdictions within a county shall be done on the basis of the number of affected worksites in each jurisdiction. For example, if there arc hvo jurisdictions in a county, each with fife}~ percent of the total number of afifectcd worksites in the county, any division of funds within the count}° should provide each of the two jurisdictions with fifty percent of the total county funding allocation. lntergovemmentvl Agreement Commute'I'rip Retluetion Program Page 5 of 9 \ .~ ~ ~ ~` ATTACHii•IENT "A" S'I'A'I'EM.ENT OI+ WORK The County will: Promote consistency within all affected local government jurisdictions within Spokane Count}=, ~ahilc serving the City's specific needs. Maintain and administer the City's CTR Ordinances and Plan. 1/mploy a full-time Transportation Demand Vlanagernent iVlanager to administer die County's and City's CTR flans and Ordinances. Take reasonable measures to identify v~d notify all af~ccted employers within the City. Assist each affected employer within the City in preparing a program and promoting the principles of Transportation Demand Management. (TDM) with the employer's employees. Maintain an appeals process consistent with RC1V 70.94.534(6) and the procedures contained in the CTR Guidelines whereby employers in the lot;al jurisdiction may obtain an exemption or modification of CT:R requirements, including the establishment of alternative SOVNivt"f goals. \Vithin 30 days from the data of approval; submit to \VSTaOT the name and employer identification code for any worksitc that has been granted an exemption or goal modification. Include information about the duration of all exemptions and information on the type of goal modification granted. Submit to \\~ashingt.on State Department of Transportation periodic progress reports summarizing the overall CTR implementation costs incurred by the County and shall be reported in a format provided by WSDOT. Provide \VSDOT with a public hearing notice and copies of any proposed amendments to the. C"1'It ordinance, plan, and/or administrative guidelines ~~=ithin the first week of the public review period and final copies of al I aetinns within one (1) month of adoption. Coordinate and administer baseline and measurement CTR employer surveys. Provide employer survey assistance, training and state-supplied survey forms. I p. \rotify Washington State Department of "transportation prior to sending any surveys to University of \Vashington for processing. The notification must include the name of the worksite, employer identification code and type of survey for each survey being submitted for processing. The notification shall be submitted as an electronic spreadsheet via electronic mail. The County agrees to wait for confirmation from \VSDUT prior to sending or delivering the surveys for processing. 1 I. Return CTR Survey Report form to their respective employer within thirty (30) days of receipt from the state, and return all processed CTR Cmployee Questionnaires unaltered to their respective employer within ninety (90) days of receipt from the state. Intergovernmental Agreement Commute 'Trip Reduction Program Page 6 of 9 ..\ / --.. \` ! _~ 12. Provide \tIrSDOT with updated lists of alTected worksites and jurisdiction contacts on a quarterly basis. 'T`hese updates will be subrnittcd electronically in a format specified by \\rSDO"f. 13. Continue to monitor the programs of each of the affected employers in the City to determine compliance with the CTR Ordinance and Plan. Complete annual review emplo}'cr C7`l~ programs including a determination as to whether the employer is acting in good faith to meet the goals established by the C1°R Law. Within 30 days from the date of approval, submit to ~1~SDOT one electronic or hard copy of any approved employer annual reports. 14. Provide Oil-golt1g support ro all emplayer-designated Employee "Transportation Coordinators (rTCs) and assist PTCs in facilitating regular employer nerivorkin, opportunities and obtaining information necessary to perform their duties including information materials that explain a range of measures and activities to encourage employee use of commute alternatives. I5. Market available services to affected employers to assist in accomplishing C'1"R goals. 16. ~1~ark collaboratively with and provide technical guidance and support to employers in developing successful C"TR programs. 17. Conduct at least one Basic CTC 'Training Course per year, using \~1~SDOT-provided ETC 1-iandbook and other training materials reviewed and approved by VVSTaO'f. 18. Prepare and submit to WSDOT an annual work plan which outlines major tasks and activities to be conducted for the coming year. 19. Provide employers with written information on basic requirement`s of the C1'K OCdIi13nC•e, CTR. zones and an explanation of how the plan is intended to achieve its goals. 20. attend transportation fairs at affected employer worksites to encourage high-occupancy vehicle commuting and promote the employer's CT}Z program. 21. Desi~,n, construct and distribute worksite Commuting Qptions Boards. Provide professional materials such as brochures, flyers, posters, newsletters; clip art and other tools to assist employer implementation of worksite C'1'17 programs. 22. Submit any requests for exemptions or nlodifieations from CTR requirements including requests for Baal 111od11-ICatlonS, to the ~\~ashington State Department of `I°ransportation For review and comment within fve (~) days oi'receiviug such requests. Spokane County shall nat approve or deny any such requests until receiving comment on the request from 1USD0~1' within five (~) days. 23. Provide all affected employers with the WSD07'-approved "Program Description & employer Annual Report" form. Ensure completed reports are submitted by affected employers to meet applicable deadlines. 24. Submit to 1'Vashington State Department of "Transportation periodic invoices (State form 134-139 F,~) along with progress reports that accurately assess the progress made by County, on behalf oi' City, in implementing RC\V 7094.521-551. Intergovernmental Agreement Commute "Drip Reduction Program Pagc 7 of 9 i~ \ ~ ~~ ~~ ~ ~~/~ ~ ' Izeport contents include: a. 17etailed summary of CTR events and projects, including implementation assistance provided to affected employers within the City; b. Actual total CTR expenditures used by the County for all state C"l'R funds expended by the County during the previous quarter for the purpose of C'fR implementation using WS~O'I' pre-approved fornlat; c. Updated list of affected employers and worksites (electronic); d. `Total number of worksites by jurisdiction; e. i,ist of sites which have applied for exemptions or goal modifications; f. Hard copies of any employer annual reports approved during quarter. 25. Establish and maintain books, records, documents and other evidence and accounting procedures and practices sut~icient to reflect properly all direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred solely for the perfgrmancc of this Agreement. Establish and maintain a separate "CTR Account" within Spokane County along with supporting documentation such as payroll and time records; invoices, contracts; vouchers or products proving in proper detail the nature and propriety of the charges. 26. Notify VJashingrton State Department of '1"ransportation of any proposed changes in C`1°R zone boundaries and/or values (proportion ofSingle-Occupant Vehicle commute trips and/or comrnut:c trip ~~ehicle iVliles Traveled per employee). 27. Participate in local implementation of the statewide C"fR public awareness and recognition programs developed by Washington State Department of Transportation. 2R. Iviakc recommendations to the City for policies on parking and site design which will encourage the use of alternative transportation modes. 29. Encourage employers to deve--lop site designs and improvements to office and industrial sites that promote the use of alternative transportation modes. 30. Assist \Vashingt:on Static Dcpartrnent oCTransportation with CTR evaluation. 3 I . Administer TranslvTatch, the County-wide ridemat:ching service. 32. Serve a_s liaison between Vl~ashington State L7epartrnent of Transportation and cities, towns, transit agencies and regional transportation planning organi~.ations for t:he purpose of RCW 7p.9~t.521-55 I . [nlergovernmental Agrc>emcnt Commute Trip Reduction Program Page $ of 9 _ ~ \ ~ ~ ~ -.~ J1 ATTAC>FIM~NT "B" STATrA'fENT OF WORK The City will: 1. Provide Spokane County with copies of any proposed Amendments to the CTR Plan and Ordinance. 2. Provide Spokane County with copies of any C"1'R-related amendments to parking ordinances prior to public review. 3. faevelop, implement and maintain its own CTR Program As an affected employer or as otheilvise specified in the CTR `T'ask 1~orce Guidelines or RC41~ 70.94.521-551. 4. Reimburse the County for the sen~ices provided b}~ this Agreement in an amount equal to the City's share of the C"1'R funding as provided in t~C4V 70.94.544. Inter~oventmenlal greement Commute Trip Reduction Progr.un Page 9 of 9 i _,. ~l ,. L ~ .. 13eturn tee Daniela Erick on Clock of the card Commission rs' Office Reference nd On pad Grantors}: Grantee(s): Legal Descri Assessor's F ., ~~ 5008318 92~Q3r2f)03 ~t161P SPOKANE COUif1Y CU!~ISS(ON ASR SO.GO Spokane Co, 1wA INTERGOVERNMENTAL AGREEMENT (Commute Trip Reduction) embers of related documents: ge one of document (Resolution No. 3-0802) SPOKANE COUNTY, a political subdivision of the State of Washington, 1116 W. Broadway, Spokane, WA 99260 CITY OF SPOKANE VALLEY, a Washington State municipal corporation 11707 E. Sprague Ave., Suite 106, Spokane Valley, WA 99206 ptlon: NIA 'roperty Tax Parcel Account Number(s): N!A . IW~IV~IroVN~NhVIhIVN011NdVll'~IID 5008318 12~13J2600 ~0I11P Spokane Co, '~ lN'1`FItCOVERN11TEl\''I'AL AGREENI)GNT 3_ ~~~ e TICS AGREEME;a1T, made and entered into this / ~~. day of /~ei'C///~!/~ 2003 by and R between the City of Spokane Valley, a municipal corporation of the-State of Washington, having offices E for the transaction of business at 11707 E. Sprague Ave., Suite 106, Spokane Valley, WA, 99206, hereinafter referred to as the "City" and Spokane County, a political subdivision of the State of ' Washington, having offices for the transaction of business at West 1026 Broadway Avenue, Spokane, i Washington, 99260, hereinaftee referred to as the "County," jointly hereinafter referred to as the "Parties." WITNESSETH WHEREAS, the Washington State Y egislature has adopted legislation codified in RCW 1 70.94.521 through 551, the purpose of which is to improve air quality, reduce traffic congestion and reduce the consumption of petroleum fuels through employor-based programs that encourage the use of ' alternatives to the single occupant vehicle for commute trips; and i WAF.RE:~S, the County and each affected city within Spokane County have adopted Commute Trip Reduction Ordinances and must impJernent a Commute Trip Reduction (CTR) Plan for all major employers; and WRTRFAS, the Washington State Department of Transportation has the statutory authority under Section 2 of RCVd 70.94.541 to provide assistance to local governments serving the communities of the State for the purpose of unplementing Curnmutc Trip Reduction Plans and Ordinances; and ~'VHEREAS, pursuant to the provisions of RCW Section 70.94.544, the Washington State Deparment of'I"ransportation is directed to proportionally distribute funds to counties, and c;vunties upon receipt of such funds, proportionatly distribute the same to cities based on number of affected w~orlcsites, to be used to implement and administer Commute Trip Reduction Plans and Ordinances; and WHERI/.45, Spokane County has entered into an agreement with the Washington State Department of Transport~'ttion under Agreement 1\b. GCA3667, hereinafter referred to as "WSDOT Agreement," pursuant to which Spokane County is eligible to receive a reimbursable amount of funds ' 5008318 ' Pa e: 3af10 ' 411 12~~(1f2403 04.,1P SFO:IAh~ COl1y4TY 40l~IISSION AGR 50.00 Spa~ane Coy l!A wfiich the County will distribute to itself and cities to implement and administer Commute Trip Reduction ~ flans and Ordinances; and WHEREAS, pursuant to the provisions of RCW Section 70.94.527 ((~), counties and cities may enter into agreements through the Interlocal Cooperation Act to coordinate the development and implementation of Commute `Grip Seduction Plans and Ordinances; and W1tltkItE.AS, Spokane County has allocated $33,278.93 to the City from the grant Agreement hfo. GCA3Gti7 which the City is now desirous of making available to the County to perform those tasks which arc the responsibility of the City. NOW, THEREFORE, for and in consideration of the mutual promises set forth hereinafter, and as authorised under chapter RCW 70.94.527 (6), the parties hereto do mutually aS~ree as follows: Section 1: PURPOSE The County has entered into a WSl?U"1' Agreement with the Washington SL<~-te Department of Transportation under which it will receive $173,401 for year one and year two to be based on Exhibit I "Funding Allocation i~tethodolog)~". This funding is to be allocated to the County and cities within Spokane County for their use in the implementation and administration of their Commute Trip Reduction Plans and Ordinances. The County; based upon an allocation formula established by the Washington State Department of Transportation, has determined that the City shall receive $33,278.93 from the VVSDOT Agreement from which it shall perform certain tasks. The City agrees to its proportionate share of the monies made available to the County in the WSDOT Agreement and agrees to allow Spokane County to retain its proportionate share in consideration of the County performing those tasks as more particularly set forth in Attachment "A" attached hereto and incorporated herein by reference. In conjunction with allowing the County to retain its proportionate share of monies, the City will execute any and all necessary documents which may be required by the Washington State llcpartment of Transportation. It is understood by the parties hereto, that i.n order for the County to perform those tasks as set forth in Attachment "A" for the City, the City must perform certain tasks. Attached hereto as Attachment "B" and incorporated herein by reference, is a Listing of tasks which the City agrees to perform in conjunction with the County performing those tasks set forth in Attachment "A." SectlOn 2: DURATION The County agrees to provide those tasks set forth in Section 1 and complete performing such tasks on or before June 30, 2005. Section 3: TER1ViINA'I'ION The parties agree that this Agreement may be terminated by either party for material breach of any provision set forth herein, upon ninety (90) days advance written notice to the other party at the address set forth hcrcinabove. Provided, however, the parties agree that any notification of termination shall set forth the spccifc provision(s) For which such notification is being provided and additionally, advise that if such default is cured within such ninety (90) day time frame, said termination notification shall be of no force and effect. In the event of termination, the County agrees to provide to the City all written documentation which it has completed to the date of termination under the terms of this Agreement. Additionally, the County agrees to return to the City that portion of the monies set forth in Section 1. hereinabove, which j - ' ~ -' ~ v1 5008318 :. ~ ~~ ~~~~ ~~~~ ~~~ Fagg, 4 of 10 12103J20~i 8~,11P • , SWiV~11E ODUNiI' CA~IISSION aGR S~Q.~6 Spokane Co, i~ has not been expended by the county, prior to the date of termination, on the City's behalf in providing those tasks as set forth in Attachment "A.'' Provided, further, the. parties recognize that the Washington State D~;pariment of 'Transportation ilt Agreement No. GCA36b7, has retained the right to unilatcra.lly terminate all or a part of such contract if there is a reduction of funds from the funding sources Accordingly, in the event that the Washington State Department of Transportation terminates all or part of the WSDOT Agreement with Spokane County, and such action affects the allocation of funds by the County to the City herein, and/or modifies the tasks to be performed hereunder, the parties will immediately meet to renegotiate the provisions of l}tls AgiCCment. Section 4: nESIGl~'ATION OF Al)1VIYlVI$'1'RA')COR The County hereby designates Ms. Aurora J_ Crooks, the Spokane County Transportation Demand Management Manager, as its designee for the purpose of administering and coordinating the County's responsibilities under the terms of this Agreement. Sect}nn _5: ACOITiCIT70N/DISI'OSI'1'IO1V OF PROPERTX '1'hc parties hereto agree that any real or personal property acquired by the County with those monies made available la the County by the City under Section 1 hereinabove, shall be and remain the sole property of the County upon acquisition and/or termination of this Agreement. Seetian 6: COIy><I'LL4NCE WI`11i LAWS ' ` The County agrees to observe all applicable federal, state and local laws, ordinances and . ~ regulations including, but no necessarily limited to, the Americans with Disabilities Act and chapter 49.60 • RCV1', to the extent that they may have any bearing on performing those tasks for the City as set forth in i Section l hereinabove. Additionally, the County agrees to comply, with all applicable funding audit • ; requirements of the Washington State Department of Transportation in conjunction with performing those tasks for the City. Section 7: NOTICES All notices called for or provided for in this Agreement shall be in writing and must be served on any of t}le Parties either personally or by certified mail, return n.ccipt requested, sent to the Parties at their respective addresses hereinabove given. Notices sent by certified mail shall be deemed served when deposited in the United States mail, postage prepaid. Section 8: HEADINGS "['he section headings in this Agreement have been inserted solely for the purpose of convenicncc: . ~ and ready reference. Tn no way do they purport to, and shall not be deemed to, define, limit or extend the scope or intent of the sections to which they appertain. Section 9: MO.DX.E~ ICATION No modification or amendment of this Agreement shall be valid until the same is reduced to writing and executed with the same formalities as this present Agreement. ;. i ,~ ~ ~ j 3 i I .; 5008318 S i2SQ~r2i}03 00~~~1P S~OIC,IIE 06UNIY C~ISSIAY AGA i~.00 Spokanee Goy Section l0: ALL WRI'T'INGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the Parties. No other understandings, oral or athenvise, regarding the subject mutter of this Agreement shall be deemed to east or to bind any of the Parties hereto. T'hc City has read and understands all of this Agreement, and now states that no representation, promise or agreement not expressed in this Agreement has been made to induce the City to execute the same. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. BOARD OF COUNTY COMMISSIONERS SP4DKAiY~:~GOtJNTY_ WASHINGTON CITY OFr SPOKANE VALLEY By: C ,~~, ( 1\~ Michael DeVleming, Mayo CHRISTINE BAINBRIDGI CITY CL ERK APPROVED AST ORM: ~,.7 ~ r ,AItY DRTSKEi DEPUTY CITE' A'I"I'ORNEY .t :; ,; i t DEPUTY PROSECUTING ATTORNEY J ROSKELLEY, CIZATIZa I-llLLII' D. HARRIS, VICE CHAIR M. KATE McCASLIN AT~SI': VTCICYM. DAJ..TON CLERK OF THE BOARD APPROVED AS TO FORM: of co,.syi s ~a. o~-P''a c°G~s'~L ~ : y4 . ~ '~ : y •'~• ,SEAL • ~~~~ :~ a i I .i .~ .. i i i .; ' `'~ 5008318 ` ~ ~~ ~~ Page: 6 of 10 1703(7003 +r;,11P ', SPoIOINE 004N1Y C~1SSlQN ACA $0,00 Spokane Ce, Yg . Eahlbit I Funding Allocation IVlethodology Funding allocated by ~'VSDOT for Iocal implementation of CTR activities is based on the following formula: 1. Each county is provided $1,200 per affected worksite a<s a base allocation to ensure sufficient funding to meet jurisdiction obligations pursuant to RCW 70.94.521-551. The number of affected worksites in each county shall be based on information contained in WS1~0'1' database as of Pv1ay 1 of each year. - 2. `!he remaining funding will be allocated based on the number of commute trips reduced per day in each county between each worksite's base year survey and its most recent sun'ey, provided that every county receives at least $80,000 per year. For the period July 1, 2003 through June 30, 2004, the most recent survey period will be 2001. For the period July 1, 2004 through June 30, 2005, the most recent survey period will be 2003. July 1, 2003 -June 3U, 2004 Allocation ounty Number of Sites Trips Reducedll) a • ~Vorkcite Base Allocation )ferformance Allocation ddidonal to Achieve 580,00 Floor Total Allocation F3enton $50 000 Clark 47 654 $56,400 $20,2GG $3,33 $80,000 Kind 552 11,575 $G62,40 $280,270 $942,670 Kitsa 32 0 $38,40 $0 $41,60 580,000.00 Pierce 83 4,278 $99 60 $!03,58 5203,18 Snohomish 84 1,050 $100,80 $25,424 $126,22 S okane 99 2 255 ., $118,80 ~ $54 601 $173,•701 Thurston 65 579 $78,00 $14,020 $92,02. Whatcom 23 329 $27,60 $10,195 $42 205 S80,00 Yakima 20 304 $24,00 59,420 $46,580 $80,00 TOTAI. 1,005 21,024 $1,20G,00 $517,781 $133,71 $1,907,SUU.0 Any distribution of funds to jurisdictions within a county shall be done on the basis of the number of affected worksites u~ each jurisdiction. For example, if there arc two jurisdictions in a county, each with fif3y percent of the total number of affected .vorksites in the county, any division of funds within the county should provide each of the two jurisdictions with fifty percent of the total county funding allocation. • • ,~ i `"J~ ~; ~ 5008318 SPOiA,YE OOUNiY f.1SSlON ACR O.f~D 52903,2003 c~ ~i1P ' ; ;j pokane Co, ~ • A'ITACH7V(F,l~'T "A" .~ ' ~ STATE1VIEl~1T OF WORK The County will: • ]. Promote consistency within all affected local government jurisdictions within Spokane County, while serving the City's specific needs. E 2. iV[ainthin and administer the City's CTR Ordinances and Plan. 3. Lmploy a full-time Transportation Demand Management Manager to administer the County's and City's CTR Plans and Ordinances. 4. Take reasonable measures to identify and notify all affected employers within the City. 5. Assist each affected employer within the City in preparing a program and promoting the principles of Transportation Demand Management (`l'DM) witfi the employer's employees. ' 6. Maintrin an appeals process consistent with RCW 70.94.534(6) and the procedures contained in ' the CTR Guidelines whereby employers in the local jurisdiction may obtain an exemption or modification of CTR requirements, including the establishment of alternative SOV~7 goals. Within 30 days from the date of approval, submit to WSDOT the name and employer identification code for arty worksite that has been granted an exemption or goal modification. Include information about the duration of all exemptions and information on the type of goal modification granted. 7. Submit to Washington State Department of Transportation periodic progress reports summarizing ' the overall CTR irnplementr3tion costs incurred by the County and shall be reported in a format provided by WSDOT. 8. Provide WSDOT with a public hearing notice and copies of arty proposed amendments to the . i CTR ordinance, plan., arrdlor administrative guidelines within the fast week of the public review period and fin:~l topics of all actions within one (1) month of adoption. 9. Coordinate and administer baseline and measurement CTR employer surveys. Provide employer survey assistance, training and state-supplied survey farms. • 10. Notify Washington State Department of Transportation prior l0 sending any surveys to University • of R'ashington for processing. The notification must include the name of the worksite, employer identification code and type of survey for each survey being submitted for processing. The notification shall be submitted as an electronic spreadsheet via electronic mail. The County agrees to wait for confirmation from WSDOT prior to sending or delivering the surveys for processing. i ll. Return CTR Survey Report form to their respective employer within thirty (30) days of receipt from the state, and return all processed CTR Employee; Questionnaires unaltered to their respective employer within ninety (90) days of receipt from the state. • T ~, ; - ;' _ - °ff ~ 5008318 - li «~ Pale: 8 of 10 . ~ Sr'~KAMF COUl41Y QC1~11SSJGH AGR $~O,O~ SSpokane Co, M1a 12. Provide WSDOT with updated lists of affected~ vvor`k ites and jurisdiction contaeLt nn a qua. er . basis. These updates ~•~ill be submitted electronically in a format specified by WSDO'C. 13. Continue to monitor the programs of each of the affected employers in the City to determine compliance with the CTR Ordinance and Plan. Complete annual review employer CI'R programs including a determination as to whether the emplo}~er is acting in good faith to meet the goals established by the CTR Law. Within 30 days from the date of approval, submit to 1~VSD0'1~ one electronic or hard copy of any approved employer annual reports. 14. Provide on-going support to all employer-designated )~mployee Transportation Coordinators (ETCs) and assist ETCs in facilitating regular employer nehvorking opportunities and obtaining information necessary to perform their duties including information materials that explain a range of measures and activities to encourage employee use of commute alternatives. 1S. Market available services to affected employers to assist in accomplishing CTR goals. 16. 1~Vork collaboratively with and provide technical guidance and support to employers in developing successful CTR programs. • 17. Conduct at least one Basic ETC Training Course per year, using WSDOT-provided ETC Handbook and other training materials reviewed and approved by WSDOT. 18. Prepare and submit to WSDOT an annual work plan which outlines major tasks and activities to be conducted for the coming yesr. 19. Provide employers with written information on basic requirements of the CTR ordinance, CTR zones and an explanation of how the plan is intended to achieve its goals. 20. Attend transportation fairs at affected employer worksitcs to encourage high-occupancy vehicle commuting and promote the employer's CTR program. 21. Design, construct and distribute worksite Commuting Options Boards. Provide professional materials such as brochures, flyers, posters, newsletters, clip art and other tools to assist employer implementation of worksite CTR programs. 22. Submit any requests for exemptions or modifications from CTR requirements including requests for goal modifieations, to the Washington State Department of Transportation for review and comment within f ve (5) days of receiving such requests. Spokane County shall not approve or deny any such requests until receiving comment on the rcyucst from ~VSDOT wiiliicc hive (S) days. 23. Provide all affected employers with the WSDOT-approved "Program Description & Employer Annual Report" form. Ensure completed reports are submitted by affected employers to meet applicable deadlines. 24. Submit to Washington State nepartment of Transportation periodic invoices (State form 134-139 EF) along with progress reports that accurately assess the progress made by County, on behalf of City, in implementing RCW 70..94.521-SS 1. .: E - - .. ~. 5008318 • • ~ Page: • 9 of 10 12103; 2004 09:11 P • SPO~Af+'S 001lr4TY OOO4ISSION AGR 80,00 Spatana Co, ~ Report contents include: a. 1?et<3iled sttrnmary of CTR events and projects, including implementation assistance provided to affected employers within the City; b. Actual total CTR expenditures used by the County for all state CTR funds expended by the County during the previous quarter for the purpose of CTR implementation using WSDOT pre-approved format; c. Updated list of affected employers and worksites (electronic); d. 'T'otal number of worksites by jurisdiction; e. List of sites which have applied for exemptions or goal modifications; f. Hard copies of any employer annual reports approved during quarter. 2S. .Establish and maintain books, records, documents and other evidence and accounting procedures and practices sufficient to reflect properly all direct and indtrect costs of whatever nature claimed to have been incurred and anticipated to be incurred solely for the performance of. this Agreement. Establish and maintain a separate "ClR Account" within Spokane County along with supporting documentation such as payroll and time records, invoices, contracts, vouchers or products proving in proper detail the nature and propriety of the charges. 26. Notify Washington State 1epartment of Transportation 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). _ 27. Participate in local implementation of the statewide CTR public awareness and recognition programs developed by Washington State Department of Transportation. 28. Make recommendations to the City for policies on parking and site design which will encourage the use of alternative transportation modes. _ 3 29. Encourage amployers to develop site designs and improvements to office and industrial sites that promote the use of alternative transportation modes. • 30. Assist Washington State fepartment of Transportation with C'I'R evaluation. 31. Administer TransMatch, the County-wide ridematching service. 32. Serve as liaison between Washington State Department of Transportation and cities, towns, transit agencies and regional transportation planning organizations for the purpose of RCW 70.94.521-551. .~ ~, { - ~ Jn VV4+a lV ~~~~ II~ 12~~~F0[~~ 44~11P R~I~NE I~iY C~4i~I~SS[ON ~6R $0,9Q Spokane ~o, W~ ATT,4~,T4'~:1~ ~' 'tl3" $'~''~'~E1~IT ~~ ORI{ 1. Provide Spokane ~ounky i#tt copies of any prapase3 amendments to the CTl~ Pkan and Ordinance. ~, Prcavide Spokane County with copies of ar~y QTR-reEated runendmenls to parking ordinances ~ar~Or to pub3~c review, ~. Develop, ir~tplcmettt end lmairitaiiy its own CTR Program as an affected emplayer or as ot~erwtse ~p~scified in the CTRTasit Force ~iuidelines or RC~V 70.94.521-55i. 4. ~tcimhursc the ouut}' for the services provided by this A~eemen# in sn aFnount equal ~o the Ciq~'s share of tho CTFt flfnc~{ng as pravidcd in R4J 70,94.544, t F ~ ~. __