09-157 Commute Trip Reduction Implementation 9-O(th5
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INTERGOVERNMENTAL AGREEMENT
Between Spokane County and the City of Spokane Valley
Regarding Commute Trip Reduction Implementation
THIS AGREEMENT, made and entered into this /4' day ofs'tsisice., 2009 by
and between the City of Spokane Valley, a municipal corporation of the State of Washington,
having offices for the transaction of business at 11707 E. Sprague Avenue, 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, 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 551, 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 has the statutory
authority under Section 2 of RCW 70.94.541 to provide assistance to local governments serving
the communities of the State for the purpose of implementing Commute Trip Reduction Plans
and Ordinances; and
WHEREAS, RCW 70.94.544 provides for distribution of funds for local CTR
implementation efforts, and
WHEREAS, Spokane County has entered into an agreement with the Washington State
Department of Transportation under Agreement No. GCA6253, hereinafter referred to as
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"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
Commute Trip Reduction Plans and Ordinances; and
WHEREAS, pursuant to the provisions of RCW 70.94.527 (5), counties and cities may
enter into agreements through the Interlocal Cooperation Act to coordinate the development and
implementation of Commute Trip Reduction Plans and Ordinances; and
WHEREAS, Spokane County has allocated$68,625.72 to the City from the grant
Agreement No. GCA6253 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:
Section 1: PURPOSE
The County has entered into a WSDOT Agreement with the Washington State
Department of Transportation under which it will receive $397,306 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 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 $68,625.72 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 the Washington
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 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
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, 2011.
Section 3: TERMINATION
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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 Washington State Department of
Transportation in Agreement No. GCA6253, 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 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 this Agreement.
Section 4: DESIGNATION OF ADMINISTRATOR
The County hereby designated 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.
Section 5: ACOUISITION/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 the Washington State Department of Transportation 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.
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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: Mayor or designee
City of Spokane Valley
11707 E. Sprague Avenue, Suite 106
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 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
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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.
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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 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.
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IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals
the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
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Tod: ielke, Chair
CITY OF SPOKANE VALLEY
E� i�%�%i,e_Le[ Mark Richard, Vice Chair
David Mercier, City Manager
Bonnie Mager, Commissioner
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By �_IL / . _ _ A.( is
Daniela Erickson
Clerk of the Board
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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, 2009 through June 30, 2011 is based on the decision
taken by the CTR Board at its May 29, 2009 meeting. At that meeting, the CTR board decided to
allocate funding for the period between July 1, 2009 and June 30, 2011.
For the period between July 1, 2009 and June 30, 2011, funding will be allocated based on the
decision of the CTR Board according to its funding policy.
base trips to fiscal year biennial
county worksites funding reduce VMT to reduce trip funding total total
Clark 61 $88,450 1,385 9,307,200 $18,209 $106,659 $213,318
King 534 $774,300 13,354 89,738,880 $175,571 $949,871 $1,899,742
Kitsap 28 $70,000 985 6,619,200 $12,950 $82,950 $165,900
Pierce 73 $105,850 2,528 16,988,160 $33,237 $139,087 $278,174
Snohomish 106 $153,700 2,818 18,936,960 $37,050 $190,750 $381,499
Spokane 110 $159,500 2,978 20,012,160 $39,153 $198,653 $397,306
Thurston 76 $110,200 1,573 10,570,560 $20,681 $130,881 $261,762
Whatcom 22 $70,000 515 3,460,800 $6,771 $76,771 $153,542
Yakima 20 $70,000 333 2,237,760 $4,378 $74,378 $148,756
Distribution of worksites, trips
reduced, and funding $3,900,000
percent
of trips percent
to of
county percent of worksites reduce funding
Clark 5.9% 5.2% 5.5%
King 51.8% 50.5% 48.7%
Kitsap 2.7% 3.7% . 4.3%
Pierce 7.1% 9.6% 7.1%
Snohomish 10.3% 10.6% 9.8%
Spokane 10.7% 11.3% 10.2%
Thurston 7.4% 5.9% 6.7%
Whatcom 2.1% 1.9% 3.9%
Yakima 1.9% 1.3% 3.8%
Metrics
Total worksites 1,030
Total trips to
reduce 26,469
Total VMT to
reduce 177,871,680
FY total for
allocation $ 1,950,000
Base funding
portion $ 1,602,000
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Performance
funding portion $ 348,000
$/trip $ 13.15
$NMT $ 0.002
Cost per worksite $ 1,450 1,893
Variables
Minimum per
county $ 70,000
ITotall$1,957,500I
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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
County.
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 Washington 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.
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 Washington State Department of Transportation prior to sending any surveys to
University of Washington for processing. The notification must include the name of the
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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 including a determination as to whether the employer is acting
in good faith to meet the goals established by the CTR Law. Submit to WSDOT one
electronic or hard copy of any approved employer annual reports.
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 Washington State Department of Transportation periodic invoices along with
progress reports that accurately assess the progress made by County, on behalf of City, in
implementing RCW 70.94.521-551.
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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;
f. Hard copies of any employer annual reports approved during quarter.
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.
23. Participate in local implementation of statewide CTR public awareness and
recognition programs developed by Washington State Department of Transportation.
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 Washington State Department of Transportation with CTR evaluation.
27. Offer and assist with the marketing of the statewide RideshareOnline.com., electronic
ridematching service.
28. 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.
29. Continue applying for funding opportunities to further encourage the use of commute
alternatives.
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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 70.94.521-551.
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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