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99W IGA Sherwood Signed INTERGOVERNMENTAL AGREEMENT HIGHWAY 99W CORRIDOR PLANNING Pursuant to ORS 190.010,this intergovernmental agreement ("Agreement") is entered into by and between the City of King City ("King City"),the City of Sherwood ("Sherwood"), and the City of Tigard ("Tigard"), each individually referred to as a Party and jointly referred to as Parties. Recitals 1. Highway 99W ("Hwy") is a critically important state highway in the southwest metro region under the jurisdiction of ODOT and located in the cities of Tigard, King City,Sherwood and in Washington County. 2. The Hwy is a critical state transportation facility in which the Parties have a shared interest to jointly plan future uses, designs, and improvements. 3. The Hwy corridor is regionally significant, averaging 48,000 daily trips, with needed safety improvements, travel technologies, options for active transportation users, and land use adaptations that will benefit the traveling public and nearby residents of the Parties. 4. The Hwy requires a comprehensive corridor plan to coordinate and identify projects that will transition the facility from a typical 20th century commercial-automotive corridor to one that is safer, modernized, and conducive to climate-smart travel adaptations (e.g.transit). 5. Approximately 70,000 people live within a mile of the Hwy corridor, many of whom are people of color, low-income, or of limited English-speaking capacity. A concerted effort to plan for the equitable benefit of these households can only be achieved through interjurisdictional and intra- agency participation and coordination. 6. The Parties desire to engage with State of Oregon legislators on the funding of the Hwy Corridor Planning project in the 2020 legislative session. Agreement Now therefore, the Parties agree as follows: A. Tigard_Responsibilities. Tigard will: 1. Select and contract with a strategic communications consulting firm to secure state funding for a comprehensive vision and plan for the Hwy corridor through the year 2050. 2. Manage the performance of the contract on behalf of the Partner Agencies. 3. Invoice the Partner Agencies for actual costs incurred by the consulting firm at the start of the study work as provided by Section C. Costs. B. Partner Agency Resoonsibilities. King City and Sherwood (collectively the "Partner Agencies") will: 1. Actively participate in the consultant's process, including attending project meetings, as well as reviewing and responding to emails and studying related documentation, such as drawings or narratives. 2. Coordinate on public outreach, including participating in public meetings, with stakeholders and with state legislators and their staffs. 3. Within 30 days of the date of invoice, advance Tigard for each Partner Agency's share of the not-to-exceed-amount of the consultant contract as provided by Section C. Costs. C. Costs. 1. Each Party will be solely responsible for its internal and staff costs associated with this Agreement. 2. The Parties will share the actual costs of the consultant. The total costs are not-to- exceed $32,500 total, with Tigard covering$12,500. Each Partner Agency's share is $5,000. Tigard will consult with the Partner Agencies on any contract amendments for scope adjustments or if additional budget is deemed necessary. In no event will any Partner Agency be obligated to pay a cost share exceeding$5,000 unless agreed to in writing. D. Term of Agreement. This Agreement is effective September 1, 2019 and will continue until the work described in Sections A and B is completed and the costs stated in Section C have been paid, unless otherwise amended or terminated in writing by the Parties. E. Dispute Resolution.The Parties will attempt to informally resolve any dispute concerning any Party's performance or decisions under this Agreement, or regarding the terms, conditions or meaning of this Agreement. The Parties agree that in the event of an impasse in the resolution of any dispute,the issue will be submitted to the executive offices of the disputing parties for recommendation or resolution. If resolution cannot be reached, a neutral third party may be used, if the Parties agree,to facilitate these negotiations. F. Modification,of Agreement. No waiver, consent, modification or change of terms of this Agreement shall be binding unless in writing and signed by all Parties. G. Termination. This Agreement may be terminated, with or without cause and at any time, by a Party providing 30 days' written notice of intent to the other Parties. In the event of termination, the Parties agree to work in good faith to complete the obligations arising from this Agreement, including paying actual costs incurred by Tigard up to the date of termination. H. Independent Contractor. Each Party is an independent contractor with regard to the other Parties. No Party is an agent or employee of any other, I. Insurance. Each Party agrees to maintain insurance levels or self-insurance in accordance with ORS 30.282,for the duration of this Agreement at levels necessary to protect against public body liability as specified in ORS 30.269 through 30.274. J. Compliance with Law. Each Party agrees to comply with all applicable local, state, and federal ordinances, statutes, laws, and regulations. K. Counterparts. This Agreement may be executed in any number of counterparts and by the Parties on separate counterparts,any one of which shall constitute an agreement between and among the Parties. CITY OF TIG RD CITY OF KING CITY Signed: Signed:_ Name: Martha Wine Name: Its: City Manager Its: Date: 3/25/2020 Date: IT 0 S OOD Signed: Name:_ e3 v Its: Date: INTERGOVERNMENTAL AGREEMENT =='� �~� ^ HIGHWAY 99W CORRIDOR PLANNING Pursuant to ORS 190.010, this intergovernmental agreement ("Agreement") is entered into by and between the City ofKing City /"King City"),the City ofSherwood ("Sherwood"), and the City ofTigard ("Tigard"), each individually referred to as e Party and jointly referred to as Parties. Recitals 1. Highway 99W("Hwy") /s a critically important state highway in the southwest metro region under the jurisdiction ofODOT and located in the cities of Tigard, King City, Sherwood and in Washington County. 2. The Hwy is a critical state transportation facility in which the Parties have a shared interest to jointly plan future uses, designs, and improvements. 3. The Hwy corridor is regionally significant, averaging 48,000 daily trips, with needed safety improvements, travel technologies, options for active transportation users, and land use adaptations that will benefit the traveling public and nearby residents ofthe Parties. 4. The Hwy requires a comprehensive corridor plan to coordinate and identify projects that will transition the facility from a typical 20th century commercial-automotive corridor to one that is safer, modernized, and conducive to dirnate'srnarttrave/ adaptations (e.g. transit). 5. Approximately 70,000 people live within a mile of the Hwy corridor, many ofwhom are people ofcolor, |ovv'inconne, oroflimited English-speaking capacity. Aconcerted effort toplan for the equitable benefit of these households can only be achieved through interjurisdictional and intra- agencyperticipationandcoordinetion. 6. The Parties desire to engage with State of Oregon legislators on the funding of the Hwy Corridor Planning project in the 2020 legislative session. Agreement Now therefore,the Parties agree asfollows: A. Tigard Responsibilities. Tigard vvi/|: l. Select and contract with astrategic communications consulting firm tosecure state funding for a comprehensive vision and plan for the Hwy corridor through the year 2050. 2. Manage the performance of the contract on behalf ofthe Partner Agencies. 3. Invoice the Partner Agencies for actual costs incurred bythe consulting firm atthe start of the study work as provided by Section C. Costs. Partner AgencV Responsibilities. King City and Sherwood (collectively the "PartnerAgencies' ) will: 4~ 1. Actively participate in the consultant's process, including attending project meetings, as well asreviewing and responding toenmei|s and studying related documentation,such as drawings ornarratives. 2. Coordinate on public outreach, including participating in public meetings,with stakeholders and with state legislators and their staffs. 3. Within 30 days of the date of invoice, advance Tigard for each Partner Agency's share of the not-to-exceed-amount of the consultant contract as provided by Section C. Costs. C. Costs. 1. Each Party will besolely responsible for its internal and staff costs associated with this Agreement. 2. The Parties will share the actual costs ofthe consultant.The total costs are not-to' exceed >32,5OOto1a/, vvithTigardcovering$22,500. Each Partner Ageno/sshare is $5,000. Tigard vvU| consult vv/ththe Partner Agencies onany contract ernendrnentsfor ` ~ ` scope adjustments or if additional budget is deemed necessary. In no event will any ` Partner Agency beobligated topay acost share exceeding$5,OOOunless agreed toin writing. D. Term of Agreement. This Agreement iseffective September 1, 2O19and will continue until the work described in Sections A and B is completed and the costs stated in Section C have been paid, unless otherwise amended or terminated in writing by the Parties. E. Dispute Resolution.ThePartiesvvi|/ atternpttoinforrna||yreso/veanydisputeconcerningany Party's performance or decisions under this Agreement, or regarding the terms, conditions or meaning of this Agreement. The Parties agree that in the event of an impasse in the resolution of any dispute, the issue will be submitted to the executive offices of the disputing parties for recommendation or resolution. If resolution cannot be reached, a neutral third party may be used, ifthe Parties agree,tofacilitate these negotiations. F. Modification of Agreement. Nowaiver, consent, modification orchange ofterms ofthis Agreement shall be binding unless in writing and signed by all Pa/ties. G. Termination. This Agreement may be terminated, with or without cause and at any time, by a Party providing 30 days" written notice of intent to the other Parties. In the event of termination, the Parties agree to work in good faith to complete the obligations arising from this Agreement, including paying actual costs incurred by Tigard up to the date of termination. H. Independent Contractor. Each Party isenindependent contractor with regard tothe other Part/es. NoParty banagent oremployee ofany other. I. Insurance. Each Party agrees tomaintain insurance levels orself-insurance inaccordance with (]RS 30.282,for the duration of this Agreement at levels necessary to protect against public body liability asspecified in ORS 30.269 through 30.274. J. Compliance with Law. Each Party agrees to comply with all applicable local, state, and federal ordinances, statutes, laws,and regulations. K. Counterparts. This Agreement may be executed in any number of counterparts and by the Parties on separate counterparts,any one of which shall constitute an agreement between and among the Parties. CITY OF TIGARD CITY OF KING CITY Signed: Signed: Name: Martha Wine Name: 6,A) Its: City Manager Its: Date: 3/25/2020 Date: �- CITY OF SHERWOOD Signed: Name: Its: Date: