20-115.00 Spokane County: Commute Trip Reduction INTERGOVERNMENTAL AGREEMENT
Between Spokane County and the City of Spokane Valley
Regarding Commute Trip Reduction Implementation
• THIS AGREEMENT, made and entered into by and between the City of Spokane Valley, a
municipal corporation of the State of Washington, having offices for the transaction of business at 10210
E. Sprague Ave, 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,Washington,99260,hereinafter referred to as the"County,"jointly hereinafter
referred to as the "Parties."
WITNESSETH
WHEREAS,the Washington State Legislature has adopted legislation codified in RCW 70.94.521
through 555,the purpose of which is to improve air quality, improve transportation system efficiency 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 reduce vehicle miles traveled(VMT);and
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 or jurisdictions that are located in contiguous urban
growth areas, or are within an urban growth area with a population greater than seventy thousand people
that adopted an ordinance before the year 2000 or jurisdictions that are located in contiguous urban growth
areas, or contain a major employment installation in an affected county 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, the County and each affected city within Spokane County have adopted Commute
Trip Reduction Ordinances and must implement a Commute Trip Reduction (CTR) Plan for all major
employers; and
WHEREAS,the Washington State Department of Transportation(WSDOT)Public Transportation
Division is responsible for administering funds on behalf of the state Legislature and is desirous of making
available to Spokane County certain funds and requiring Spokane County to enter into agreements through
the Interlocal Cooperation Act or by Resolution or Ordinance as appropriate with other jurisdictions, local
transit agencies, or regional transportation planning organizations to coordinate the development,
implementation and administration of CTR Plans and Ordinances as described in RCW 70.94.521-555.
WHEREAS, Spokane County has entered into an agreement with WSDOT under Agreement No.
PTD0130, hereinafter referred to as "WSDOT Agreement," pursuant to which Spokane County is eligible
to receive a reimbursable amount of funds which the County will distribute to itself and cities to implement
and administer CTR Plans and Ordinances; and
WHEREAS, Spokane County has allocated $67,699.09 to the City from the Agreement No.
PTD0130 which the City is now desirous of making available to the County to perform those tasks which
are the responsibility of the City.
NOW, THEREFORE, for and in consideration of the mutual promises set forth hereinafter, and
as authorized under chapter RCW 70.94.527 (5),the parties hereto do mutually agree as follows:
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Section 1:PURPOSE
The County has entered into a WSDOT Agreement with WSDOT under which it will receive
$367,001 for two years.This funding is to be allocated to the County and cities within Spokane County for
their use in the implementation and administration of their CTR Plans and Ordinances.The County,based
upon an allocation formula established by the WSDOT, has determined that the City shall receive
$67,699.09 from the WSDOT 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 WSDOT.
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 County 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."
Section 2: DURATION
The County agrees to provide those tasks set forth in Section 1 and complete performing such tasks
on or before June 30,2021.
Section 3: TERMINATION
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 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. 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 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 WSDOT in Agreement No.PTD0130,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 the WSDOT 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 this Agreement.
Section 4: DESIGNATION OF ADMINISTRATOR
The County hereby designated Ms. LeAnn M. Yamamoto, 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.
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•
Section 5: ACQUISITION/DISPOSITION OF PROPERTY
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 hereinabove shall be and remain the sole
property of the County upon acquisition and/or termination of this Agreement.
Section 6: COMPLIANCE WITH 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 RCW, to
the extent that they may have any bearing on performing those tasks for the City as set forth in Section 1
hereinabove. Additionally,the County agrees to comply with all applicable funding audit requirements of
WSDOT in conjunction with performing those tasks for the City. The County agrees to make available to
the City or its duly authorized representative during normal County business hours and all records which it
has kept in conjunction with providing those services for the City as set forth herein above.
Section 7: NOTICES
All notices or other communications given under this Agreement shall be considered given on the day
such notices or other communications are received when sent by personal delivery; or the third day following
the day on which the notice or communication has been mailed by certified mail delivery, receipt requested
and postage prepaid addressed to the other Party at the address set forth below, or at such other address as the
Parties shall from time-to-time designate by notice in writing to the other Party:
CITY: City Clerk
City of Spokane Valley
10210 E. Sprague Ave
Spokane Valley, WA,99206
COUNTY: Board of County Commissioners
Spokane County Courthouse
1116 West Broadway Avenue
Spokane, Washington 99260
Section 8: HEADINGS
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: MODIFICATION
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.
Section 10: ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the Parties. No 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
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that no representation,promise or agreement not expressed in this Agreement has been made to induce the
City to execute the same.
Section 11: LIABILITY
The County shall indemnify, defend and hold harmless the City, its officers and employees from
all claims, demands, or suits in law or equity arising from the County's intentional or negligent acts or
breach of its obligations under the Agreement. The County's duty to indemnify shall not apply to loss or
liability caused by the intentional or negligent acts of the City, its officers and employees.
The City shall indemnify, defend and hold harmless the County, its officers and employees from
all claims, demands,or suits in law or equity arising from the City's intentional or negligent acts or breach
of its obligations under the Agreement. The City's duty to indemnify shall not apply to loss or liability
caused by the intentional or negligent acts of the County, its officers and employees. If the comparative
negligence of the Parties and their officers and employees is a cause of such damage or injury,the liability,
loss,cost,or expense shall be shared between the Parties in proportion to their relative degree of negligence
and the right of indemnity shall apply to such proportion.
Where an officer or employee of a Party is acting under the direction and control of the other Party,
the Party directing and controlling the officer or employee in the activity and/or omission giving rise to
liability shall accept all liability for the other Party's officer or employee's negligence.
Each Party's duty to indemnify shall survive the termination or expiration of the Agreement.
Each Party waives, with respect to the other Party only, its immunity under RCW Title 51,
Industrial Insurance. The Parties have specifically negotiated this provision.
Section 12: ANTI-KICKBACK
No officer or employee of the City,having the power or duty to perform an official act or action related
to this Agreement shall have or acquire any interest in the Agreement,or have solicited,accepted or granted a
present or future gift,favor,service or other thing of value from or to any person involved in the Agreement.
Section 13: VENUE STIPULATION
This Agreement has been and shall be construed as having been made and delivered within the
State of Washington. This Agreement shall be governed by the laws of the State of Washington both as to
interpretation and performance. Any action at law, suit in equity or judicial proceeding for the enforcement
of this Agreement, or any of its provisions, shall be instituted only in courts of competent jurisdiction within
Spokane County,Washington.
Section 14: COUNTERPARTS
This Agreement may be executed in any number of counterparts,each of which,when so executed
and delivered, shall be an original, but such counterparts shall together constitute but one and the same.
Section 15: SEVERABILITY
If any parts,terms or provisions of this Agreement are held by the courts to be illegal,the validity
of the remaining portions or provisions shall not be affected and the rights and obligations of the Parties
shall not be affected in regard to the remainder of the Agreement. If it should appear that any part,term or
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provision of this Agreement is in conflict with any statutory provision of the State of Washington,then the
part,term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar
as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory
provision.
Section 16: RCW 39.34 REQUIRED CLAUSES
A. PURPOSE: See Section 1.
B. DURATION: See Section 2.
C. ORGANIZATION OF SEPARATE ENTITY AND ITS POWERS: No new or separate legal or
administrative entity is created to administer the provisions of this Agreement.
D. RESPONSIBILITIES OF THE PARTIES: See Agreement provisions.
E. AGREEMENT TO BE FILED: The City shall file this Agreement with its City Clerk. The County
shall file this Agreement with its County Auditor or place it on its web site or other electronically
retrievable public source.
F. FINANCING: See Section 1.
G. TERMINATION: See Section 3.
H. PROPERTY UPON TERMINATION: See Section 5.
IN WITNESS WHEREOF,the parties hereto have hereunto set their hands and seals the day
and year as noted below.
CITY OF SPOKANE VALLEY BOARD OF COUNTY COMMISSIONERS
OF SPO CO TY, WASHINGTON
Ca-krittk
Mar alhoun, City Manager Chair
•
Approved • Vice • L..,
air 644"Y-
Offic:-Othe Attorney Commissioner
A �� ATTEST:
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hristine Benl dge, rittyyerk inn Vasquez, Clerk of the and
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Date Date OF C 449s •
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Exhibit I
Funding Allocation Methodology
RCW 70.94.544 authorizes the CTR Board to determine the allocation of program funds made available
for the purpose of implementing CTR plans. The funding allocated for local implementation of CTR
activities in July 1,2019 through June 30,2021 is based on the 2019-2021 Commute Trip Reduction(CTR)
Notice of Award issued by WSDOT on July 2,2019.
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♦ A
ATTACHMENT "A"
STATEMENT OF WORK
The County will:
1. Promote consistency within all affected local government jurisdictions within Spokane County,
while serving the City's specific needs.
2. Maintain and administer the City's CTR Ordinances and Plan.
3. Employ 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(TDM)with the employer's employees.
6. Maintain an appeals process consistent with RCW 70.94.537(2)(e)by which major employers,who
as a result of special characteristics of their business or its locations would be unable to meet the
requirements of a commute trip reduction plan, may obtain a waiver or modification of those
requirements and criteria for determining eligibility for waiver or modification. Within 30 days
from the date of approval, submit to WSDOT the name and employer identification code for any
worksite that has been granted an exemption. Include information about the duration of all
exemptions and information on the type of modification granted.
7. Submit to WSDOT periodic progress reports summarizing the overall CTR implementation 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 any proposed amendments to the CTR
ordinance,plan, 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.
9. Coordinate and administer baseline and measurement CTR employer surveys. Provide employer
survey assistance,training and state-supplied survey forms.
10. Notify WSDOT prior to sending any surveys to University of Washington 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.
11. Provide WSDOT with updated lists of affected worksites and jurisdiction contacts on a periodic
basis or as requested by WSDOT. These updates will be submitted electronically in a format
specified by WSDOT.
12. 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 of employer CTR programs
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including a determination as to whether the employer is acting in good faith to meet the goals
established by the CTR Law.
13. Provide on-going support to all employer designated Employee Transportation Coordinators
(ETCs) and assist ETCs in facilitating regular employer networking 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.
14. Market available services to affected employers to assist in accomplishing CTR goals.
15. Work collaboratively with and provide technical guidance and support to employers in developing
successful CTR programs.
16. Conduct at least one Basic ETC Training Course per year,using WSDOT-provided ETC Handbook
and other training materials reviewed and approved by WSDOT.
17. Provide employers with written information on basic requirements of the CTR ordinance and goals
set forth in approved CTR plans.
18. Attend transportation or health/benefits fairs at affected employer worksites to encourage high-
occupancy vehicle commuting and promote the employer's CTR program.
19. 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.
20. 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.
21. Submit to WSDOT periodic invoices along with progress reports that accurately assess the progress
made by County,on behalf of City, in implementing RCW 70.94.521-555.
Report contents include:
a.Detailed 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 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. Total number of worksites by jurisdiction;
e. List of sites which have applied for exemptions or modifications;
22. 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.
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.
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23. Participate in local implementation of statewide CTR public awareness and recognition programs
developed by WSDOT.
24. Offer recommendations to the City for policies on parking and site design which will encourage
the use of alternative transportation modes.
25. Encourage employers to develop site designs and improvements to office and industrial sites that
promote the use of alternative transportation modes.
26. Assist WSDOT with CTR evaluation.
27. Serve as liaison between WSDOT and cities, towns, transit agencies and regional transportation
planning organizations for the purpose of RCW 70.94.521-555.
28. Continue applying for funding opportunities to further encourage the use of commute alternatives.
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4-ATTACHMENT "B"
STATEMENT 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 CTR-related amendments to parking ordinances prior
to public review.
3. Develop, implement and maintain its own CTR Program as an affected employer or as otherwise
specified in the CTR Board Guidelines or RCW 70.94.521-555.
4. Reimburse the County for the services provided by this Agreement in an amount equal to the City's
share of the CTR funding as provided in RCW 70.94.544.
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20' 15
NO. 2 0 -- 0 6 2 4 --
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY,WASHINGTON
IN THE MATTER OF EXECUTING AN )
INTERGOVERNMENTAL AGREEMENT )
BETWEEN SPOKANE COUNTY AND THE CITY ) RESOLUTION
OF SPOKANE VALLEY FOR THE COMMUTE )
TRIP REDUCTION(CTR) IMPLEMENTATION )
WHEREAS,pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners of
Spokane County (hereinafter sometimes referred to as the `Board") has the care of County property and the
management of County funds and business;and
WHEREAS, the WSDOT Public Transportation Division is responsible for administering funds on
behalf of the state legislature and is desirous of making available to Spokane County certain funds and
requiring Spokane County to enter into agreements through the Interlocal Cooperation Act or by Resolution or
Ordinance as appropriate with other jurisdictions, local transit agencies, or regional transportation planning
organizations to coordinate the development, implementation and administration of TDM programs and CTR
Plans and Ordinances as described in RCW 70.94.521-555;and
WHEREAS, on or about September 2019, the Spokane County was awarded funding from the
Washington State Department of Transportation (WSDOT) for Transportation Demand Management (TDM)
which is used to support the Commute Trip Reduction Project, for the period of July 1, 2019 through June 30,
2023 in the amount of$742,002.00;and
WHEREAS, Spokane County desires to enter an agreement with the City of Spokane Valley for the
Commute Trip Reduction program in the amount of$67,699.09 for the period of July 1, 2019 through June 30,
2021;and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of County Commissioners of
Spokane County that pursuant to the provisions of the County's Financial Assistance Policy adopted under
Resolution Nos. 2012-1017 and 2013-0219,that:
(1) The Board does hereby authorize the execution of the Intergovernmental Agreement between
Spokane County and the City of Spokane Valley for the Commute Trip Reduction Project in the
amount of Sixty-Seven Thousand Six Hundred Ninety-Nine Dollars and Nine Cents ($67,699.09);
and
(2) Either the Chairman of the Board, majority of the Board, Chief Executive Officer, Chief
Operations Officer, Chief Budget Officer, or the County Engineer, is hereby authorized to
execute, at other than an open meeting, any and all documents to execute this agreement as any
subsequent amendments after review by the Grants Administrator.
PASSED AND ADOPTED this I day of l. ,2020.
icOMMs BOARD OF COUNTY COMMISSIONERS
/°. • •
E CO0 Dye 1�,I OF SP - NE COUNTY,WASHINGTON
% . 14
_ _L c! • i Al French,Chair
•..nn
V-
ATTEST: 1110A,A/.......
do ,
NE CCA" Jo h erns,Vice-Chair
inns Vasquez,Clerk of the and Mary L. ,Conunisstoner
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