05-103 Commute Trip Reduction/-
After recording, rctuni document to
Spokane Valley City Clerk
City of Spokane Valley
11707 F. Sprague Ave
Spokane Valley,l~VA 99206
iNTERGOVERtVMENTAL AGREEMENT
THIS AGREFI'IEN T, made and entered into this ~~day of September, 2005 by and
behveen the City of Spokane Valley, a municipal corporation of the State of Washington, having offices
for the transaction of business at 11707 )/. 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 t3roadway Avenue, Spokane,
Washington, 99260, hereinafter referred to as the "County," jointly hereinafter referred to as the "parties."
WITNESSE TH
~VHFREAS, the Washington State Legislature has adopted legislation codified in RCVV
70.94.521 through 551; the purpose of which is to improve air quality, reduce traffe 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 reduce vehicle miles traveled (VM°l~;
and
~~'liEREAS, the County and each affected city within Spokane County have adopted Commute
Trip Reduction Ordinances and must implement a Commute Trip Reduction (CT'R) Plan for all major
employers; and
~'VHERl+'.AS, the Washington State Department of l'r~msportation 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
R'HF~REAS, pursuant to the provisions of RCVI' Section 70.94.544, the 1~Vashington 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,
ro be used to implement and administer Commute Trip Reduction Plans and Ordinances; and
[nter;overnmental Agreement for Commute Trip Reduction Page I of 9
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W1~RFAS, Spokane County has entered into an agreement with the Washington State
Department of Transportation under Agn-eemcnt No. GCA4580, hereinafter referred to as "WSDO`1"
Agreement," pursuant to which Spokane County is eligible to receive a reimbursable amount of funds
which the County ~e~ill distribute to itself and cities to implement and administer Commute `T'rip Reduction
Plans and prdinances; and
W)f~IFREAS, pursuant to the provisions of RCW Section 70.94.527 (ti), 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
WAEREAS, Spokane County has allocated $31,457.92 to the City from the meant Agreement
No. GCA4580 which the City is now desirous of making available to the County to perform those tasks
which are the responsibility of the City. •
NOW, TAFRIFORE; 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 agree as follows:
Section 1:1'URPOSE
The County has entered into a \rJSDO1' Agreement with die Washington State Department of
Transportation under which it will receive $165,568 for year one and year hvo to be based on I/.~hibit I
"Funding Allocation Methodology". 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 v~d Ordinances. The County, based upon an allocation formula established by the Washington State
Department of Transportation, has determined drat the City shall receive $31,457.92 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 VJSDOT Agreement and agrees to allow Spokane County to
ret<3in its proportionate share in consideration of die 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 \rJashingnon St~•~te Department of'I'ransportation.
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 "A."
Section 2: llURATiQ\T
The County agrees to provide those tasks set forth in Section 1 and complete performing such
tasks on or before June 30, 2007.
Section 3: TERM1NATlOIy
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 notifcation of termination
shall set forth the specific provision(s) for which such notification is being provided and additionally,
Intergovenvnenial Agreement for Commute `l"rip Reduction Page 2 of 9
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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, ~~~hich
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 Washing/on Skate Department of Transporrtation
in Agreement rb. GCA4580, 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 VJSDO7" 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: DESIC;NATION Ulr AllM1N1STRATOR
The County hereby designates Ms. Aurora J. Crooks, the Spokane County Transportation
Demand Management Manager, as its designee for the purpose of administering and eoordinatinl; the
County's responsibilities under the terms of this Agreement.
Section 5: AC4UhSITiON/DTSPOSLTION OF PROPERTY
°1'he parties hereto agree that any real or personal property acquired by the County witJ~ 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: CO1'IPI.,TA\~CF ~'VITN I.AV~'S
The County agrees to obsen=e 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
RC1'V, to the e~tcnt that they may have any bearing on performing those tasks for the City as set forth in
Section I hereinabove. Additionally, the County agrees to comply with all applicable funding audit
requirements of the ~'Vashing*tan State Department of `Transportation in conjunction with performing those
tasks for the City.
Section 7: NOTICCS
All notices called for or provided for in this Agreement shall be in writing and must be served on
any of the Parties either personally or by certified mail, return receipt 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.
Intergovernmental Agreement for Commute Trip Reduction Page 3 of 9
Section 8: READINGS
"hhe 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: MODIFTCr1TION
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 A~eemcnt.
Section 1.0: ALL WR1TL\'GS CONTA71~rED I3LR.EIN
This Agreement cont<lins 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.
IN WITNESS ~~'H~'REOF, the parties hereto have hereunto set their hands and seals the day
and year first above written.
BOARD OT' CO TY COMMISSIONERS
OF SPO r OUN VdA
hillip D. Harris, Chair
CITY OF O ANE VALLEY
By:
David Merc er, ity anager
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Bainbridge, City Clerk
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By
aniela Erickson, Clerk of the hoard
Intergovern.rnental Agreement for Commute Trip Reduction Page 4 of 9
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exhibit I
Funding Allocation Methodology
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Funding allocatcd by WSDOT for local implementation of C`I'IK activities is based on the formula
following:
1. Fach county is provided $1,260 per affected worksire as 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 WSDOT's database as of May 1st of each
year.
2. The remaining funding will be allocatcd based on the number of commute trips reduced per day in
each county, between each worksite's base year survey and its most recent survey, provided that
every county receives at least $80,000 pee year. For the period July 1, 2005 through June 30, 2006,
the most recent survey period will be 2003. For the period July 1, 2006 through June 30, 2007, the
most recent survey period will be 2005.
July 1, 2005 -June 30, 2006 Allocation
Coun
Number
of ~Sitcs
Trips
Reduced/na ~ Worksite
Base
Allocation
Performance
Allocation Additional to
Achieve
$80,000 )~ loor
Total
Allocation
13enton S50,000
Clark 48 1,157 .$60,480 $29,309 $0 $89,789
King 527 11.,863 $664,020 $300,5 l l $0 $964,532
K.itsap 31 1,522 $39;060 $38,555 $2,385 $80,000
Pierce 80 2;900 $100,800 $73,462 $0 $174,262
Snohomish 88 806 $110,880 $20;417 $0 $131,297
Spokane 100 1,562 $126;000 $39,568 $0 $165,568
'Thurston 62 550 $78 120 $13,932 $0 $92,052
Whatcom 23 421 $28,980 $10,665 $40,355 $80,000
Yakima 23 122 $28,980 $3,090 $47,930 $80,000
TQTAL 982 20,903 $1,237,320 $529,510 $90,670 S1,907,500
Any distribution of funds to jurisdictions within a county shall be done on the basis of the number of
affecaed worksites in each jurisdiction. For example, if there are two (2) jurisdictions in a county, each
with fifty percent (50%) of the total number of affected worksites in the county, any division of funds
within the county should provide each of the t~~ro (2) jurisdictions with fifi;y percent (50%) of the total
county funding allocation.
Intergovernmental Agreement for Commute Trip Reduction Page 5 of 9
ATTACH1~VfFNT " A"
STAT>u~MENT O)E< WORK
The County will:
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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 flan.
)/mploy a full-time Transportation Demand iVlanagement Manager to administer the County's and
City's CTIt Plans and Ordinances.
Take reasonable measures to identify and notify all affected employers within the County.
Assist each affected employer within the City in preparing a program and promoting the
principles of'I°ransportation [7emand Management (TDM) with the employer's employees.
Maintain an appeals process consistent with ftC1V 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 C'CIt requirements, including the establishment of alternative SOV/VMT goals.
Within 30 days from the date of approval, submit to 1VSDOT the name and employer
identification code for any worksite that has been granted an exemption or goal modification.
lnelude information about the duration of all escmptions and information on the type of goal
modification granted.
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.
Provide ~VSDOT with a public hearing notice and copies of any proposed amendments to the
C"1 R ordinance, plan, and/or administrative guidelines within the first week of the public review
period and final copies of al I actions within one (I) month of adoption.
9. Coordinarc and administer baseline smd measurement CTR employer surveys. Provide
employer survey assistance, training and state-supplied survey farms.
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 worksite, employer
identil~reation 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.
1 1. Provide 1rJSDOT with updaccd lists of affected worksites and jurisdiction contacts on a quarterly
basis. These updates will be submitted electronically in a format specified by WSDOT.
Intergovernmental Agreement for Commute Trip Reduction Page 6 of 9
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12. Continue to monitor the programs of each of the affected employers in the C'rty to determine
compliance with the Cl'R Ordinance and Plan. Complete annual review employer C`I"R programs
including a determination as to whether the employer is acting in good faith to meet the goals
established by the CTR L.aw. Within 30 days from the date of approval, submit to WSDOT one
electronic or hard copy of arry approved employer annual reports.
13. Provide on-going support. to all employer designated Employee Transportation Coordinators
(E'I'Cs) and assist ETCs in facilitating regular employer neh+rorl:ing 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 alter•r~atives.
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 E`1'C Training Course per year; using WSDOT-provided ETC
Handbook and other trainint materials reviewed and approved by V~'SDOT.
17. Prepare and submit to WSDOT an annual work plan which outlines major tasks and activities to
be conducted for the coming year.
I8. 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.
19. Attend transportation fairs at affected employer worksites to encourage high-occupancy vehicle
commuting and promote the employer's CTR program.
20. Design, construct and distribute worksite Commuting Options [3oards. Provide professional
materials such as brochures, f]yers, posters, newsletters, clip a.rt and other tools to assist employer
implementation of +vorksite CTK programs.
21. Submit any requests for exemptions or modifications from CTR requirements including requests
for goal modifications, to the Washington State Department of Transportation far review and
comment within five (5) days of receiving such requests. Spokane County shall not approve or
deny any such requests until receiving comment on the request from WSDO'C within five (5)
days.
22. 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.
23. 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.
Intergovcrrunent~31 Agreement for Commute Trip Reduction Page 7 of 9
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Report contents include:
a. Detailed summary of CTR events and projects, including implementation assist<3nce
provided to affeetecf employers within the City;
b. Actual total C`l`R 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 worksitcs (electronic);
d. Total number of worksites b}'jurisdiction;
e. List of sites which have applied for exemptions or foal modifications;
f. Hard copies of any employer annual reports approved during quarter.
24. Istablish and maintain books, records, documents and other evidence and accountinn 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.
25. Notify R'ashington State Department of Transportation of any proposed changes in CTR zone
. boundaries and/or values (proportion ofSingle-Occupant Vehicle commute trips and/or commute
trip Vehicle Miles Traveled per employee).
26. Participate in local implementation of the statewide CTR public awareness and recognition
programs developed by Washington State Department of Transportation.
27. Make recommendations to the City for policies on parking and site design which will encourage
the use of alternative transportation modes.
28. encourage employers to develop site designs and improvements to office and industrial sites that
promote the use of alternative transportation modes.
29. Assist V1'ashington State T)epartment of Transportation with CTR evaluation.
30. Offer and assist with the marketing of the statewide RideshareOnline.com., electronic
ride,matching service.
31. Serve as liaison bet+veen 1'Jashington State Department of Transportation and cities, towns,
transit agencies and regional transportation planning organizations for the purpose of RCW
70.94.521-5 51.
Intergovernmental Agreement for Commute Trip Reduction Paee 8 of 9
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ATTACHME\`T "B"
STATEMEN 1 OF R'ORK
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1'he 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 ro
public review.
3. Develop, implemenC and maintain its own C"1'lt Program as an afTccted employer or as otherwise
specified in the CTR Task 1~orce Guidelines or RC~~' 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 R.C~V 0.94.54A.
Intergovernmental Agreement for Commute "("rip Reduction Page 9 of 9
M
S~TYol~ane
p
Valle 11707 E. S ra ue Ave. • Suite 106 • S okane Valle , WA 99206
Y P9 P Y
(509) 921-1000 • Fax (509) 921-1008 • cityhall@spokanevalley.org
September 19, 2005
Aurora Crooks
Spokane County Commute Trip Reduction Office
1026 W. Broadway Avenue
Spokane, WA 99260
lntergoven~mental Agreement
Tear Aurora:
Morgan Koudelka, Administrative Analyst for Spokane Valle}<; has asked that I forward three original
agreerncnts to your office for signatures and eventual recording. Once the document has been signed by
all parties and recorded, we would appreciate receiving an original for our files.
Thank you for your assistance. Please feel free to contact Morgan or me if you have any questions or
concerns.
Sincerely,
~ ~,
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Chris Bainbridge, CMC
Spokane Valley City Clerk
/cb
ec: Morgan Koudelka, Spokane Valley Administrative Analyst
Encs. (3) originals, CTR Intergovernmental Agreements
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