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08-181.00 Spokane County Guaranteed Ride HomeAMENDMENT NO.2 TO AGREEMENT WITH CITY OF SPOKANE VALLEY THIS AMENDMENT AGREEMENT, made and entered into this 1 st day of January, 2008, by and between SPOKANE COUNTY, a political subdivision of the State of Washington, having offices for the transaction of business at W. 1116 Broadway Avenue, Spokane, Washington, 99260, hereinafter referred to as the "County" and City of Spokane Valley, having offices for the transaction of business at 11707 E Sprague Avenue, #106 Spokane Valley, Washington, 99206, hereinafter referred to as the "Parties." WITNESSETH: WHEREAS, pursuant to Resolution No. 95 -0812 the Parties entered into Agreement dated January 1, 2006 which set forth the Parties responsibilities under the County's Guaranteed Ride Home Program; and WHEREAS, the Parties desire to amend the agreement executed on January 1, 2006 as set forth hereinafter; NOW, THEREFORE, for and consideration of the mutual promises set forth hereinafter, the parties hereto agree that the Agreement entered into between the Parties on January 1, 2006, pursuant to Resolution No. 95 -0812 is amended as follows: Section 6: DURATION Add the following: The program will commence immediately upon the effective date of this Agreement and continue through December 31, 2009. Section 7: PROGRAM COORDINATOR Add the following: The County hereby designates Ms. Aurora Crooks, 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 13: COMPLIANCE WITH LAWS Add the following: The Parties hereto specifically agree to observe all federal, state and local laws, ordinances and regulations including, but not necessarily limited to, the Americans with Disabilities Act and chapter 49.60 RCW, to the extent that they may have any bearing on either providing any money under the terms of this Agreement or the services actually Page - 1 U)9 -I g l provided under the terms of this Agreement. BE IT FURTHER AGREED by the Parties hereto, that except for those changes provided for hereinabove, all other terms, conditions and provisions set forth in that Agreement entered into by the Parties on the 1 st day of January 2006 by Resolution No. 95 -0812 shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have caused this amendment to be executed the day and year set forth hereinabove. BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON By: v �� Robert Bruegeerfian, Spokane County Engineer Per Resolution No. 95 -0812 CITY OF SPOKANE VALLEY By: (Title) Paize - 2 AGREEMENT THIS AGREEMENT, made and entered into this day o L APA'y and between the City of Spokane Valley, having offices for the transaction of business at 11707 E. Sprague Avenue, Spokane Valley, WA 99206, hereinafter referred to as the "Company," and Spokane County, a political subdivision of the State of Washington, having offices for the transaction of business as West 1116 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, 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 WHEREAS, affected major employers throughout Spokane County have implemented Commute Trip Reduction Programs at their worksites to achieve these goals; and WHEREAS, it is the goal of Spokane County's Commute Trip Reduction Office, as lead agency for the implementation and administration of Commute Trip Reduction Programs at affected worksites, to establish, enhance, and maintain cooperative partnerships to support CTR and TDM efforts by providing a broad range of employer services to encourage employee use of commute alternatives; and WHEREAS, the availability of a Guaranteed Ride Home Program at affected worksites for use by their employees in need of an emergency ride home is vital to the success of commute trip programs; and WHEREAS, the Board of Spokane County Commissioners has authorized the County Engineer, or his designee, to enter into this Agreement on their behalf. NOW, THEREFORE, for and in consideration of the mutual promises set forth hereinafter, the parties hereto do mutually agree as follows: Section 1: PURPOSE OF THIS AGREEMENT The purpose of this Agreement and Attachments A- C, which are incorporated herein, is to define the responsibilities of the County and the Company under the County's Guaranteed Ride Home Program," hereinafter referred to as "the Program." This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter thereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. Section 2: POLICIES AND SCOPE OF WORK General policies for the usage of the Guaranteed Ride Home Program are outlined in Attachment A, and the Scope of Work is defined in Attachment B, included by reference herein. Section 3: FUNDING AND ADMINISTRATIVE FEES The City of Spokane Valley, CTR- affected worksite located in the City of Spokane Valley, will be billed by the Spokane County Commute Trip Reduction (CTR) Office on a quarterly basis for any usage of the Guaranteed Ride Home Program. As is standard for each Company participating in the program, the City of Spokane Valley will be assessed a semi - annual administrative fee, based on actual usage, to cover the administrative costs incurred by the County. This fee will be added to any usage charges at six month intervals and will be in the amount of 8% of actual charges incurred during the previous six month time period. This fee will be reflected on the GRH report received by the City of Spokane Valley. Section 4: REPORTING The County will use the GRH Program Database to generate and distribute a GRH Activity Report to each participating employer on a quarterly basis. Interim reports will be provided upon request. The details of the GRH Activity Reports are defined in Attachment A, Policies and Procedures, included herein. Section 5: TRANSPORTATION SERVICE PROVIDER The County will contract with Spokane Dispatch Services, Attachment C, to provide the guaranteed ride for the Company's employee, who has been pre- approved by the Company's program coordinator or his/her designee. Section 6: DURATION The Program will commence immediately upon the effective date of this agreement and continue through June 30, 2007. The parties may extend this agreement on an annual basis, if agreed upon in writing by both parties. Section 7: DESIGNATION OF ADMINISTRATOR The County hereby designates Spokane County's 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 8: PROGRAM COORDINATOR The employee transportation coordinator (ETC) and/or staff person designated by the Company to administer the Program shall be responsible for the implementation and coordination of the Program at the Company worksite. Section 9: HOLD HARMLESS It is understood and agreed that this Agreement is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. Each party hereto agrees to be responsible and assumes liability for its own negligent acts or omissions, or those of its officers, agents or employees to the fullest extent of the law, and agrees to save, indemnify, defend, and hold the other party harmless from any such liability. Section 10: 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 11: MODIFICATION The County and the Company may request changes in services to be performed. Any such changes that are mutually agreed upon by the County and the Company shall be incorporated herein by written amendment of this Agreement. It is mutually agreed and understood that no alteration or variation of the terms of this agreement shall be valid unless made in writing and signed by the County designee and the Company program coordinator, and that any oral understanding or agreements not incorporated herein, will not be binding. Section 12: TERMINATION Notwithstanding any provisions of this Agreement, either party may terminate this Agreement by providing written notice of such termination, specifying the effective date thereof, at least thirty (30) days prior to such date. Section 13: COMPLIANCE WITH LAWS The Parties hereto specifically agree to observe all federal, state and local law, ordinances and regulations including, but not necessarily limited to, the Americans with Disabilities Act and Chapter 49.60 RCW, to the extent that they may have any bearing on either providing any money under the terms of this Agreement or the services actually provided under the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the 52006. AGREED TO: Spokane Co By Title Countv Engineer City of Spokane Valley By Title p� ,�•+4 -�, (�, —h"� 1.^ Taxpayer I.D. Number REDACTED _ Company Phone # -�o c4 '— 9 Z.1 — I0Q(3 day of rhasdocument contains confidential tax information and been redacted pursuant to RCW 82.32.330. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. Attachment A GRH Program Policies A set of program policies have been established to ensure both consistency and effectiveness of Spokane's GRH Program. These policies are intended to be broad guidelines for the GRH Program, in recognition of the need for operational decisions to be made by the employer in response to the unique needs of each worksite. The GRH Program policies include the following: 1. Any employee who used an alternative form of transportation to the single occupant vehicle to arrive at work is eligible for a ride home in the case of an emergency. 2. Each GRH trip must be pre- approved by the GRH Program Coordinator or their designee at the worksite, before the employee can use the program for an emergency ride home. 3. A GRH trip may be taken by an eligible employee in the event of illness, other emergency situations that may arise during the day, mandatory unplanned overtime or missing their normal ride due to reasons outside the employee's control. The GRH trip may include an emergency side trip, if pre- approved. 4. Limits on the number and length of GRH trips allowed per employee, per year, will be up to the discretion of the employer. The recommendation is 6 trips per employee, per year with no limit on mileage. 5. Spokane County has the right to recover costs in the event of program abuse and to terminate an employer from the program for repeated abuse. 6. Each participating employer must identify a GRH Program Coordinator and back -up coordinator for each affected worksite. All GRH Program Coordinators must attend /receive the GRH Program Orientation Course provided by Spokane County, prior to implementing the GRH Program at their worksite(s). 7. A Spokane County employer affected by the CTR Law can indicate interest in joining the GRH Program at any time. The GRH Agreement with an employer will be for at least a one -year duration. 8. Participating employers agree to inform all employees about the GRH Program, at least once /yr. Attachment B Scope of Work I. The County will: 1. Contract with Spokane Dispatch Services to provide guaranteed ride home transportation services to participating employers, per Attachment C. 2. Develop, produce and provide collateral materials targeting interested and participating employers. These materials will include, but are not limited to: a GRH Program Information Kit, an Employer Guide, and Marketing Materials. 3. Develop and conduct GRH Orientation Course, including materials, for all Program and Back -up Coordinators at participating worksites. Attendance is required, unless other arrangements have been made with the CTR staff, prior to implementation at a worksite. 4. Develop, produce and provide all necessary forms for use by the coordinators at their worksites, e.g., Pre - Trip Checklist. 5. Develop and maintain a GRH database to monitor GRH Program usage and to track account transactions for billing and reporting functions. 6. Generate and distribute a GRH Activity Report for each participating employer on a quarterly basis. The report will include the following information: Employer /Worksite, GRH Program Coordinator Name /Phone, total trips used during report period and cumulatively, total trip cost, account due balance, and individual trip detail. Interim reports will be provided upon request. 7. Assess a semi - annual administrative fee, based on actual usage, to be invoiced to the City of Spokane Valley at six month intervals in the amount of 8% of actual usage during the previous six month time period. 8. Verify and approve monthly billings from Spokane Dispatch Services using employer's Pre -Trip Checklist, post charges on Company's account in the database, and remit payment to Spokane Dispatch Services. II. The Company will: 1. Submit payment to the Spokane County Commute Trip Reduction (CTR) Office on a quarterly basis for any GRH usage. 2. Designate a GRH Program Coordinator and Back -Up Coordinator to coordinate the worksite GRH Program and to authorize emergency trips. The coordinators name will be provided to Spokane Dispatch Services by the County. The Company will also notify the County of any coordinator changes. 3. Register coordinators in required GRH Orientation Course prior to implementing the program at the worksite, unless prior arrangements have been made with CTR staff. 4. Make trip arrangements for their employee using the Pre -Trip Checklist. 5. Receive trip vouchers from Spokane Dispatch Services after GRH trip. 6. Submit Pre -Trip Checklist form to the County by the 10th of the following month. 7. Educate employees who regularly use alternative transportation on the GRH services available, regularly 8. Inform all employees of the GRH Program at least once per year. 9. Assist the County in evaluating the GRH Program annually.