20-015.00 Spokane County: INFRA Grant Preparation �a-oil
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SPOKANE
VALLEY AND SPOKANE COUNTY FOR THE PREPARATION AND SUBMITTAL OF
A JOINT APPLICATION TO THE INFRASTRUCTURE FOR REBUILDING
AMERICA(INFRA) GRANT PROGRAM
WHEREAS, the City of Spokane Valley (the City) intends to prepare and submit a joint
application (the Project) with Spokane County for federal funds to the United States Department
of Transportation's INFRA program for funding related to Spokane County's Bigelow
Gulch/Forker Road Corridor project and the City's Sullivan Road Corridor project; and
WHEREAS, the Project will require the City and Spokane County to provide supporting
documentation related to the Project necessary for a hired, third-party consultant to prepare and
submit a final application document to the INFRA program; and
WHEREAS, the City and Spokane County agree that a joint application will elevate the
Project's competitiveness in the INFRA program and will benefit the ratepayers, taxpayers, and
the travelling public; and
WHEREAS, the City and Spokane County desire to enter into this Memorandum of
Understanding (MOU) to establish the mutually agreed terms to accomplish the tasks set forth
herein.
NOW,THEREFORE,the City and Spokane County do hereby agree as follows:
ARTICLE 1—RESPONSIBILITIES OF THE CITY
1.1 The City will coordinate with Spokane County regarding the selection of a mutually acceptable
consultant from the City's consultant roster. Consultant will be contracted to complete the tasks
necessary for a complete INFRA application submittal and the total scope and total fee of said
contract will be mutually agreed upon by both the City and Spokane County.
1.2 The City will manage the consultant contract required for the completed INFRA application.
1.3 The City, upon awarding a contract for the Project, shall have full control over the resultant
contract and shall be the administrator for the Project. The City shall assign a Project Engineer to
be the "responsible person" who shall represent the City's interest during construction of the
Project.
1.4 The City shall be responsible only for those elements specific to the City's proportional share
of the Project, unless specifically agreed upon by both parties.
1.5 The City shall coordinate any modifications or changes to the Spokane County work with
Spokane County prior to implementation.
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1.6 The City shall make payments to the consultant in accordance with the consultant's contract
terms, so that work may proceed according to schedule.
ARTICLE 2—RESPONSIBILITIES OF SPOKANE COUNTY
2.1 Spokane County will coordinate with the City to select a mutually acceptable third-party
consultant for the completion of the INFRA application submittal including,but not limited to,the
consultant contract scope and fee.
2.2 Spokane County shall provide any and all necessary information requested by the City or its
contracted consultant that is required for a complete and accurate INFRA application submittal.
2.3 Spokane County shall support, review, request changes when necessary, and approve the
Project documents associated with Spokane County's proportional share of the Project as prepared
by the City or its contracted consultant.
2.4 Spokane County shall be responsible only for those elements specific to the County's
proportional share of the Project,unless specifically agreed upon by both parties.
2.5 Spokane County shall designate a responsible person who shall represent Spokane County's
interest during the Project, and shall coordinate with the Project Engineer regarding any
modifications or changes needed by Spokane County as required for Spokane County's
proportional share of the work.
2.6 Spokane County shall notify the Project Engineer of any work that will exceed the Spokane
County's proportional share of the total contract scope and fee,prior to performing the work that
would incur the excess cost.
ARTICLE 3—ALLOCATION OF COSTS
3.1 This MOU,once fully executed,shall establish a commitment by Spokane County to reimburse
the City for the following costs:
a. Spokane County's proportional share of the consultant contract's total fee, which is a
fmal amount to be determined upon completion of the INFRA federal funding request
amount. Payment will be calculated based on the County's share of the total INFRA
funding request.
Example: If the total funding request to INFRA is $100 and the City's portion of the
funding request is $40 dollars and the County's portion is $60, then the City will pay
40% of the consultant contract fee and the County will pay 60% of the consultant
contract fee.
b. (other applicable items).
3.2.The City shall prepare monthly invoices for the Project,including each monthly invoice issued
by the consultant to the City showing total Project costs, and Spokane County shall pay the City
for their proportional share identified on the City invoice within 40 days of receipt of such invoice.
ARTICLE 4—DURATION OF AGREEMENT
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4.1 This MOU shall be in full force and effect upon execution and shall remain in effect until
December 31, 2021.
Either Party may terminate this MOU for material breach after providing the other Party with at
least 10 days'prior notice and an opportunity to cure the breach. In the event of termination,both
Parties shall be responsible to pay the Consultant for all work previously authorized and
satisfactorily performed prior to the termination date at the agreed upon proportional share of the
total contract amount between the City and the Consultant.
The Parties have executed this Agreement this zo day of N.til v i , 2020.
CITY OF SPOKANE VALLEY SPOKANE COUNTY:
z(!/s� C - .41"
M rk Calhoun, City Manager/ 7 oz.j By:
Its: Authorized Representative
ATTEST: APPROVED AS TO FORM:
Christine Bainbridge, City Cle Offi f the ity Attorney
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