Loading...
2003, 03-18 Study SessionCITY OF SPOKANE VALLEY CITY COUNCIL WORKSHEET — STUDY SESSION NOTE: AT COUNCIL STUDY SESSIONS, THERE WILL BE NO PUBLIC COMMENTS, EXCEPT COUNCIL RESERVES THE RIGHT TO REOUEST INFORMATION FROM THE PUBLIC AND STAFF AS APPROPRIATE CITY HALL AT REDWOOD PLAZA 11707 East Sprague Avenue, First Floor Spokane Valley, Washington SUBJECT Council Administration Planning Planning Planning Public Works Public Works Study Scrum Agenda, Mweh 1 J4 2003 DISCUSSION LEADER ACTIVITY Mayor Lee Walton Jim IIarris Jim Harris Jim Harris Dick Warren Dick Warren Tuesday, March 18, 2003, 6:00 p.m. Bridging the Valley (10 minutes) Pretrial services agreement (15 minutes) flouring examiner agreement (10 minutes) Hearing examiner jurisdiction /authority (15 minutes) Essential Public Facilities ordinance (10 minutes) Roads interlocal agreement, WSDOT (5 minutes) Signs & Signals agreement, WSDOT (5 minutes) DISCUSSION GOAL Consensus Consensus- Agenda 3/20? Consensus- Agenda 3/20? Consensus- Agenda 3/20? Consensus - Agenda 3/25? Consensus - Agenda 3/20? Consensus - Agenda 3/20? Public Works Dick Warren Public Works Dick Warren Planning Jim Harris Planning Study Sefieo Agenda, Much 18, 2003 Jim Harris Engineering services Memorandum of Understanding (5 minutes) Solid waste agreement - appoint SV rep. (5 minutes) Presentation Community Development Transition Committee (10 minutes) Review Comm. Develop. Block Grant (CDBG) (5 minutes) FOLLOWING STUDY SESSION, EXECUTIVE SESSION FOR REVIEW OF CITY MANAGER APPLICATIONS FOR APPROXIMATELY ONE HOUR. Consensus- Agenda 3/20? Consensus - Agenda 3/25? Information Information 03/12/2003 08:02 FAX 509 477 3672 STEVEN J. TUCKER PROSECUTING ATTORNEY Please FAX to: Ruth Muller, City Clerk FAX .Phone No: (509) 9211008 • 0 Criminal Department PSB-1 1100 W. Mellon Avenue Spokane, WA 99260.4270 (509) 477.3662 FAX: 477-3409 0 Civil 1N:per tnunt S&T 1115 W. Broadway Spokane, WA 99260 -0270 (509)477 -5764 FAX:477 -3672 SPOR CO PA CIVIL OFFICE OF PROSECUTING ATTORNEY March 12, 2003 aileAlt **************** * * * * * * * ** * * * * * * * * * ** * * * * * * * * * ** * * of S* *44.. (, From: James P. Imacio Chief Civil Deputy Prosecuting Attorney, Civil Division Spokane County Prosecuting Attorney's Office Telephone No.: (509) 477 -5764 FAX Phone No.: (509) 477 -3672 Re: Interlocal Agreements Pretrial Services 0 Durnes0e Violence Unit Ps0-1 901 N Manroc, Suite 200 Spokane, WA 99201 (509)635-4500 FAX635 -45 RECEIVED MAR 1 2 2003 Pages 12 **** * * * * * * * * ** * * * * * * ** * * * * * * * * * * ** * * * If there are any questions regarding the message sent, please contact Tamara, Civil Department, Prosecuting Attorney's Office, 477 -5764. NOTICE: The information contained in this transmission is privileged and confidential. It is intended for the use of the individual or entity named above. If the reader of this message is not the intended addressee, the reader is hereby notified that any consideration, dissemination or duplication of this communication is strictly prohibited lithe addressee has received this communication in error, please return to the above address by nail and notify this office immediately by telephone Thank you. \VA.RiCINC: Most Fax machines produce copies on thermal paper. The image produced is highly unstable and will deteriorate significantly in a few years. This record should be copied on a plain paper copier prior to filing as a record. ❑ Drug/Property Department F5B-1 721 N. Jefferson Spokane, WA 99260 -0270 (5509) 477 -6416 FAX: 477-6450 Ijoo1 MAIL TO: Civil Division MAIL STOP SST 1116 W. Broadway Avenue Spokane, WA 94260 -0270 (509) 477 -5764 FAX 477-3672 Juvenile Department PSB-1 1203 W. Mellon Avenue Spokane, WA 99260 -0270 (509) 477-6046 FAX: 477 -6444 03/12/2003 08:02 FAX 609 477 3672 SPOK CO PA CIVIL. Ij 002 Emacio, James To: Iwalton©spokanevalley.org; smcnutt©spokanevalley.org; rmuller@spokanevalley.org; sms ©wkdtlaw.com Cc: Holden, Sid; McCaslin, Kate; Farnell, Marshall Subject: Pre -Trial Services Agreement Lee and Stan: Attached is a Pretrial Services Agreement. I have drafted it using the same format as the Public Defender and Prosecutor. I will fax a hard copy to Ruth. Jim pretrial services pretrialseMcesatta 022703 - draft.. chment.doc... i 03/12/2003 0 8:03 FAX 509 477 3072 SPOK CO PA CIVIL Return to: Page 1 of 9 Daniela Erickson Clerk of the Board 1116 West Broadway Spokane, Washington 99260 j003 INTERLOCAL AGREEMENT FOR PRETRIAL SERVICES IN THE CITY OF SPOKANE VALLEY (April 1, 2003-December 31., 2004) THIS AGREEMENT, made and entered into by and between the Spokane County, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as "COUNTY" and the City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at the Redwood Plaza, 11707 East Sprague Avenue, Suite .106, Spokane Valley, Washington 99206, hereinafter referred to as "CITY," jointly hereinafter referred to as the "PARTIES." WITNESSETH: WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners has the care of County property and the management of County funds and business; and WHEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley established 12:01 A.M. April 1, 2003, as its "official date" of incorporation and upon that date will commence operations as a city; and WHEREAS, pursuant to chapter 35.02 RCW, as of the official date of incorporation, local governmental authority and jurisdiction with respect to the newly incorporated area will transfer from Spokane County to the City of Spokane Valley; and WHEREAS, chapter. 39.34 RCW (Intcrlocal Cooperation Act), authorizes counties and cities to contract with each other to perform certain functions which each may legally perform; and 03/12/2003 08:03 FAX 609 477 3672 Page2of9 SPOK CO PA CIVIL WHEREAS, pursuant to the provisions of RCW 39.34.180, the City of Spokane Valley is responsible for the costs incident to prosecution of misdemeanor and gross misdemeanor offenses that occur within its jurisdiction and that are committed by adults; and Ij004 WHEREAS, Spokane County has established the Office of Pretrial Services ( "OPTS "). OPTS has two primary responsibilities. First, OPTS interviews, investigates and makes recommendations to District and Superior Courts on all felons who are in custody and have a First Appearance (Bond) Hearing. Second, both Spokane County District/Municipal Court and Spokane County Superior Court designate OPTS to process Public Defender applications in order to make a determination of indigency. WHEREAS, the City of Spokane Valley desires to utilize the services OPTS to process Public Defender applications in order to make a determination of indigency where the charge is for a violation of a state statute punishable as a misdemeanor or gross misdemeanor offense committed by an adult within the jurisdiction of the CITY of Spokane Valley and/or (iii) the charge is for a violation of a City of Spokane Valley ordinance punishable as a misdemeanor or gross misdemeanor, hereinafter referred to as "Pretrial Services." NOW THEREFORE for and in consideration of the mutual promises set forth hereinafter and as provided for in the above - referenced recitals, the PARTIES do hereby agree as follows: SECTION NO.1: PURPOSE The purpose of this Agreement is to reduce to writing the PARTIES understanding as to the terms and conditions under which COUNTY through the Office of Pretrial Services ( "OPTS ") will provide "Pretrial Services" for CITY. Pretrial Services are defined in Section No. 4 hereinafter. It is the intent of the PARTIES that Pretrial Services to be provided by COUNTY will be consistent with CITY'S Council/ anger form of government provided for in chapter 35A.13 RCW and the provisions of chapter 10.101 RCW. SECTION NO. 2: DURATION This Agreement shall commence at 12:01 A.M. on April 1, 2003, and run through 12:00 P.M. December 31, 2004, unless one of the PARTIES provides notice of termination as further descr in Sections No. 5 and 12 of this Agreement. 03/12/2003 08:03 FAX 509 477 3672 SPQR CO PA CIVIL 003 SECTION NO. 3: COST OF SERVICES AND PAYMENTS CITY shall pay COUNTY the actual costs for Pretrial Services provided under this Agreement. The estimated cost for Pretrial Services under this Agreement for 2003 is TWENTY FIVE THOUSAND FIVE HUNDRED ONE DOLLARS ($25,501.00). CITY'S estimated cost was arrived at by using that methodology set forth in Attachment "A," attached hereto and incorporated herein by reference. The PARTIES agree to use that same methodology contained in Attachment "A" to arrive at the estimated costs for calendar year 2004 Pretrial Services. The PARTIES recognize that the costs will more than likely increase in 2004. For instance, staff may receive salary adjustments by COUNTY or the maintenance and operation expenses of OPTS may increase. These increases or potential decreases will be reflected in the figures used in the methodology for calculating the CITY'S 2004 estimated costs. Additionally, the methodology will use the actual number of CITY cases receiving Pretrial Services. At the end of calendar year 2003 and calendar year 2004, using actual maintenance and operations expenditures ( "M &O ") expenditures as well as actual number of Pretrial Services provided to CITY for each year, COUNTY and CITY will each determine respectively whether or not the estimated M &O numbers and number of Pretrial Services number(s) (percentage) used as the basis for calculating costs were accurate. To the extent that CITY was over billed in any year, it will receive a credit to be applied as mutually agreed. If CITY was under billed, it will receive a debit in the subsequent billing. The adjustment will normally take place in March of the year following the year Pretrial. Services were performed. For the purpose of this Agreement, the terminology M &O shall have the same meaning as set forth in the BARS manual adopted by the State of Washington under chapter 43.88 RCW. COUNTY will bill CITY for the cost of services as outlined, monthly, during the first week of the month. Monthly payments will be determined by dividing yearly costs by twelve (12) except for the 2003, where the above amount shall be divided by nine (9). Payments by CITY will be due by the 5 day of the following month. At the sole option of COUNTY, a penalty may be assessed on any late payment by CITY based on lost interest earnings had the payment bcen timely paid and invested in the Spokane County Treasurer's Investment Pool. SECTION NO. 4: SERVICES PROVIDED RCW 10.101.020(1) provides that a determination of indigency shall be made for all persons wishing the appointment of counsel in criminal cases where the right to counsel Page 3 of 9 03/12/2003 08:04 FAX 509 477 3672 SFCK CO PA CIVIL 0006 attaches and that the Court shall determine whether the person is indigent pursuant to the standards set forth in chapter 10.101 RCW. COUNTY through the Office of Pretrial Services ( "OPTS ") will process indigency applications for CITY in instances where the charge is for a violation of a state statute punishable as a misdemeanor or gross misdemeanor offense committed by an adult within the jurisdiction of the CITY and/or where the charge is for a violation of a City of Spokane Valley ordinance punishable as a misdemeanor or gross misdemeanor.. Pretrial Services shall be provided in the OPTS office, Spokane County Jail, or in the courtroom at the request of a Spokane County District Court Judge. In the event CITY requests such Pretrial Services be provided at a location other than those provided for herein, the PAR'LThS agree to meet and mutually negotiate any and all increased/decreased costs to COUNTY in providing such Pretrial Services at such additional location(s). CITY further recognizes that a change in working location is a change in "working conditions." COUNTY will need to negotiate changes in working locations with affected bargaining units. COUNTY OPTS Program Manager or his/her designee agrees to attend staff meetings as requested by the CITY Manager. COUNTY OPTS Program Manager or his designee further agrees to meet upon request by the CITY Manager or his/her designee to discuss any Pretrial Service provided under the terms of this Agreement. CITY agrees COUNTY will use COUNTY'S stationary in conjunction with providing Pretrial Services under the terms of this Agreement. SECTION NO. 5: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or (ii) the third day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to COUNTY at the address set forth below for such Party, or at such other address as COUNTY shall from time -to -time designate by notice m writing to the other PARTIES: COUNTY: Page4of9 Spokane County Chief Executive Officer or his/her authorized representative 1116 West Broadway Avenue Spokane, Washington 99260 03/12/2003 08:04 VAX 509 477 3672 SPOK CO PA CIVIL CITY: City of Spokane Valley City Manager or his/her authorized representative Redwood Plaza 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 SECTION NO. 6: REPORTING COUNTY OPTS Program Manager shall provide a mutually acceptable quarterly report to CITY that will contain information relating to Pretrial Services performed during the preceding quarter. SECTION NO. 7: 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. g)007 SECTION NO. 8: ASSIGNMENT No party may assign in whole or part its interest in this Agreement without the written approval of all other PARTY. SECTION NO. 9: STAFF ASSIGNMENT, RETENTION, DISCIPLINE, AND AIRING. COUNTY shall hire, assign, retain and discipline all employees performing Pretrial Services under this Agreement according to applicable collective bargaining agreements and state and federal laws. COUNTY agrees to meet and confer with CITY with respect to staff who are assigned to provide Pretrial Services. SECTION NO. 10: LIABILITY (a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of COUNTY, its officers, agents and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against CITY, COUNTY shall defend the same at its sole cost and expense; provided that CITY reserves the right to participate in said suit if any principle of governmental or public law is Page 5 of 9 03/12/2003 08:05 FAX 509 477 3672 SPOK CO PA CIVIL involved; and if final judgment in said suit be rendered against CITY, and its officers, agents, and employees, or any of them, or jointly against CITY and COUNTY and their respective officers, agents, and employees, COUNTY shall satisfy the same. (b) CITY shall indemnify and hold harmless COUNTY and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of CITY, its officers, agents and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against COUNTY, CITY shall defend the same at its sole cost and expense; provided that COUNTY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against COUNTY, and its officers, agents, and employees, or any of them, or jointly against COUNTY and CITY and their respective officers, agents, and employees, CITY shall satisfy the same. (c) The foregoing indemnity is specifically intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance Act, Chapter 51 RCW, respecting the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. The PARTIES acknowledge that these provisions were specifically negotiated and agreed upon by them. (d) COUNTY and CITY agree to either self insure or purchase polices of insurance covering the matters contained in this Agreement with coverages of not less than $5,000,000 per occurrence with $5,000,000 aggregate limits and auto liability coverage. SECTION NO. 11: RELATIONSHIP OF THE PARTIES Zoos The PARTIES intend that an independent contractor relationship will be created by this Agreement. No agent, employee, servant or . representative of COUNTY shall be deemed to be an employee, agent, servant or representative of CITY for any purpose. Likewise, no agent, employee, servant or representative of CITY shall be deemed to be an employee, agent, servant or representative of COUNTY for any purpose. SECTION NO. 12: MODIFICATION/TERMINATION This Agreement may be modified in writing by mutual written agreement of the PARTIES. Any Party may terminate this Agreement upon a minimum of 90 days written notice to the other PARTY. Page 6 of 9 03/1.2/2003 08:05 FAX 509 477 3672 Page 7 of 9 SPOK CO PA CIVIL LJ009 Upon termination, CITY shall be obligated to pay for only those Pretrial Services rendered prior to the date of termination based upon a pro rata division of those fees set forth in Section No. 3 for the month termination is effective based on calendar days. Upon termination, at CITY'S option and at no cost to CITY, COUNTY shall continue to provide services to completion for those indigency applications received prior to the effective date of termination. SECTION NO. 13: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized in association with COUNTY providing Pretrial Services under the terms of this agreement shall remain with the COUNTY unless specifically and mutually agreed by the PARTIES to the contrary. SECTION NO. 14: ALL WRITINGS CONTAINED HEREIN/BINDING EFFECT This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change or addition is in writing, executed by the PARTIES. This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. SECTION NO. 15: DISPUTE RESOLUTION Any dispute among the PARI'lES with respect to the methodology used to calculate the 2004 costs of Pretrial Services under the terms of this Agreement that cannot be resolved between the PARTIES shall be subject to binding arbitration. COUNTY and C1TY shall have the right to designate one person each to act as an arbitrator. The two selected arbitrators shall then jointly select a third arbitrator. The decision of the arbitration panel shall be binding on the PARTIES and not subject to judicial review. The costs of the arbitration panel shall be jointly split between the PARTIES involved in the arbitration. SECTION NO. 16: VENUE STIPULATION This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each party 03/12/2003 08:06 FAX 509 477 3672 SPOK CO PA CIVIL that 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 provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. SECTION NO. 17: SEVERABILITY It is understood and agreed among the PARTIES that 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. Page 8 01'9 J 010 SECTION NO. 18: RECORDS All public records prepared, owned, used or retained by COUNTY and OPTS in conjunction with providing Pretrial Services under the terms of this Agreement shall be deemed CITY property and shall be made available to CITY upon request by the CITY Manager subject to any applicable laws regarding privacy. COUNTY will notify CITY of any public disclosure request under chapter 42.17 RCW for copies or viewing of such records as well as the COUNTY'S response thereto. SECTION NO. 19: ASSURANCE COUNTY represents and assure CITY that no other city or town will receive more favored treatment in receipt of Pretrial Services than that made available to the CITY for similar services. SECTION NO. 20: HEADINGS The section headings appearing 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 pertain. 0311212003 08:06 FAS 509 477 3672 SPO1{ CO PA CIVIL I1 wErNEss WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE, COUNTY, WASHINGTON ATTEST: VICKI' M. DALTON CLERK OF TIC BOARD B: JOHN ROSKELLEY, Chair eB LL[P D, HARRIS, Vice -Chair Daniela Erickson, Deputy M. .ATE MCCASLFN DATED: CITY OF SPOKANE VALLEY: Attest: By: -- rte: City Clerk (Title) Approved as form only: Acting City Attorney O: WnileyCittd ]reitConlrC1spreLrial scrvicesVr trial srnriaeO22 703- drb111.doe Page 9 of 9 03112/2003 0S ;00 FAX 51i 477 3572 5YoK CO PA CIVIL BUDGET & STAFF ALLOCATIONS - CITY OF SPOKANE VALLEY Office of Pre -Trial Services The department's 2003 Salary & Benefits (S&B) budget is $284,7$4. The Maintenance & Operations (M&.0) budget is $10,398. Our total projected 2003 budget is $295,182. 20% of Salaries & Benefits, or $56,957, is dedicated to providing misdemeanor services to the unincorporated area of the county, wliich includes the new City of Spokane Valley. 26% of Maintenance & Operations, or $2,703, is dedicated to misdemeanor services. We have been tracking misdemeanor cases since June and id ttifring the area of the county where the arrests were made. The number of arrests in the City of Spokane Valley has run between 38% and 42 *. The percentage -s have remained consistent and our data coincides with statistical data compiled by District Court and the Sheriff's Department. Based on the figures, 522,782 or 40% of the department's Salary &. Benefit budget ($56,956 x 40 %) is allocated to the City of Spokane Valley, l faintetance & Operations was $1,081. Tndirect costs as a portion of S&B total $1.638. Indirect costa are calculated as follows: Formula Indirect Casts = IvJisdemcanor portion of 2003 Salary & Ben ef is x .40% x Factor (7.19 %) $56,956 x 40% — $22,782 $22,782 x 7.19% = 1'1,638 indirect Cost Total departmental costs allocated to the City of Spokane Valley is $25,501, ATTACHMENT i INTERLOCAL COOPERATION AGREEMENT BETWEEN CITY OF SPOKANE VALLEY AND SPOKANE COUNTY FOR HEARING EXAMINER SERVICES This agreement is between the CITY OF SPOKANE VALLEY, a Washington State municipal corporation, as "Spokane Valley," and SPOKANE COUNTY, a political subdivision of the State of Washington, as "County," jointly referred to hereinafter as the "Parties." WHEREAS, pursuant to RCW 39.34.080, governmental entities may contract with each other to perform any governmental service which each may legally perform; and WHEREAS, Spokane Valley is newly incorporated and at this time does not have a hearing examiner to conduct quasi - judicial hearings on land use matters involving Spokane Valley government, and WHEREAS, Spokane Valley has adopted an ordinance that authorizes its hearing examiner to act as a hearing examiner pro -tem for another government entity to perform the duties of the hearing examiner when such hearing examiner is absent, has a conflict of interest or other reason; and WHEREAS, Michael C. Dempsey is a County employee and currently serves as the Spokane County Hearing Examiner; and is a duly admitted m ember of the Washington .State Bar Association and is knowledgeable on land use and other local government matters; Now, Therefore, The Parties agree as follows: 1. PURPOSE. This agreement is to provide a mechanism whereby the County's hearing examiner can act as the hearing examiner pro -tem for Spokane Valley to conduct administrative and quasi - judicial hearings. 2. COMPENSATION. Spokane Valley agrees to pay Spokane County for hearing examiner services at the rate of SEVENTY NINE AND NO /100 DOLLARS ($79.00) per hour. The hearing examiner shall keep a log of the number of hours worked and nature -of the work performed for each hearing item. The Parties understand and acknowledge that the hearing examiner shall not be considered an employee of Spokane Valley when performing services pursuant to this agreement. 3. - PAYMENT. Spokane Valley shall submit payment, within thirty (30) days of receipt of invoice for services rendered, payable to Spokane County, c/o of the Hearing Examiner, 3,d Floor, County Public Works Building, 1026 West Broadway, Spokane, Washington 99260 -0245. INTERLOCAL AGFIEEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND SPOKANE COUNTY Page 1 of 4 4. AUTHORIZATION FOR SERVICES. The Mar of Spokane Valley shall be responsible for the administration of this agreement an0 requesting the services of the hearing examiner. 5. AGREEMENT NOT EXCLUSIVE. Michael Dempsey is hereby appointed as a hearing examiner pro -tem for Spokane Valley. This agreement is not exclusive and Spokane Valley may designate other hearing examiner pro -tems to hear similar matters as authorized by local ordinance or resolution. 6. DURATION. This agreement is effective upon signature by both parties and filing as required by law, and shall run until terminated. Either party may terminate this agreement upon 60 days written notice to the other party. Spokane Valley understands that the County cannot guarantee that its hearing examiner will be available at all times requested by Spokane Valley, but shall be available at all times scheduled by the Parties. 7. DECISIONS. The hearing examiner pro -tem shall comply with the requirements of federal, state and local law relating to the matter being considered by the examiner, including the ordinances and resolutions of Spokane Valley. If there is no applicable time period under statute or local ordinance or resolution for issuance of the hearing examiner's decision, the hearing examiner shall exercise his best efforts to render a written decision with findings and conclusions within thirty (30) calendar days of concluding the hearing. If the hearing examiner's written decision is appealed, the hearing examiner shall review and certify the record from the hearing to the appropriate body after preparation of the record by the hearing examiner. 8. ADMINISTRATIVE SUPPORT. Spokane Valley shall supply all necessary administrative support services for the hearing examiner, such as hearing room, recording equipment, notifications, files and copies of applicable regulations, policies, and reports. 9. AGREEMENT ADMINISTRATION. No new or separate legal entity or administrative entity is formed by this agreement. No will be acquired, held or disposed of. 10. LEGAL RELATIONS AND INDEMNIFICATION. Spokane Valley shall indemnify, defend and hold harmless Spokane Valley, its officers, employees including the hearing examiner, and agents from any action, claim or proceedings instituted by any third party, arising out of the performance, purported performance or failure of performance of professional services rendered in good faith by the city's hearing examiner pursuant to this agreement. Other than provided above, the County shall indemnify, defend and hold harmless Spokane Valley, its officers, employees and agents from any action, claim or proceedings arising from the negligence of the County, its officers, employees including the hearing examiner, the agents, except to the extent of the concurrent negligence of Spokane Valley. INTERLOCAL AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND SPOKANE COUNTY Page 2 of 4 1 11. TERMINATION. If the agreement is terminated, Spokane Valley shall reimburse the County for any services performed pursuant to this agreement that have not at the time of termination been paid for and which the parties have previously agreed is compensable work. 12. VENUE. This agreement has and shall be construed as having been made and delivered in the State of Washington, and the laws of the State of Washington shall be applicable to its construction and enforcement. Any action at law, suit in equity or judicial proceedings for the enforcement of this agreement or any provision hereto shall be instituted only in the courts of competent jurisdiction within Spokane County, Washington. 13. ALL WRITING AS CONTAINED HEREIN. This agreement contains all of 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 the Parties. 14. RECORDING. This agreement shall be recorded with the Spokane County Auditor after its approval by both Parties. IN WITNESS WHEREOF, the parties hereby execute the above agreement: Dated this day of Attest: INTERLOCAL AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND SPOKANE COUNTY Page 3of4 CITY OF SPOKANE VALLEY, WASHINGTON Mike eN emig Mayo'r City of Spokane Valley Spokane Valley City Clerk Dated this day of Attest: Approved as to form: By , Spokane Valley City Attorney Approved as to form: By James P. Emacio, Deputy Prosecuting Attorney INTERLOCAL AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND SPOKANE COUNTY Page 4 of 4 BOARD OF COUNTY COMMISSIONERS OF • SPOKANE COUNTY, WASHINGTON By John Roskelley, Chairman Daniella Erickson, Clerk of the Board CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ESTABLISHING THE OFFICE OF HEARING EXAMINER, ADOPTING A HEARING EXAMINER SYSTEM, CONFERING JURISDICTION AND PROVIDING FOR RULES AND REGULATIONS. WHEREAS, the City of Spokane Valley will incorporate on March 31, 2003: WHEREAS, the City of Spokane Valley will adopt an Interim Comprehensive Plan and related Development Regulations to guide land use development in the City; WHEREAS, the City Council believes a hearing examiner process will facilitate land use decisions, code interpretations and appeals of City action; and NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Purpose. The purpose of this ordinance is to establish the authority and process for regulatory hearings which will provide: A. A prompt opportunity for a hearing and decision on certain land use permits, appeals, alleged violations of land use regulations, and such other matters as may be assigned to the hearing examiner. B. Procedural due process and the appearance of fairness by conducting hearings before a fair and impartial examiner competent in the fields of land use and regulatory requirements. Section 2. Office Created- Duties. Pursuant to RCW. 35A.63.170, RCW 36.7013.120(3) and RCW Chapter 58.17, the Office of Hearing Examiner ( "Examiner ") is created. The Examiner will conduct hearings, interpret, review and implement land use regulations and other regulatory requirements, make decisions and orders and perfonn such other duties as may be assigned. The term "Examiner ", includes deputy examiner, examiner pro tem, or substitute examiner The legal effect of the Hearing Examiner decisions shall, depending on the matter, be: (a) a recommendation to the City Council; (b) an administrative decision appealable to the City Council or Superior Court; or (c) except for a rezone of property, a final decision of the City Council. Section 3. Appointment. The Examiner will be appointed through lnterlocal Agreement. Section 4. Removal. The Examiner may be removed from office at any time for just cause by an affirmative vote of a majority of the whole membership of the Council. P: diranas'RTdinanaHcufcAExnm.doc Page 1 Section 5. Qualifications. The Examiner will be appointed solely with regard to qualifications for the duties of the office and must have training and experience in land use planning and zoning issues including a license to practice law in the State of Washington. The experience must qualify the person to conduct administrative and quasi- judicial hearings and to discharge other conferred functions. The Examiner will hold no other elective or appointive office or position in the City. Section 6. Compensation. If the Examiner is appointed through an I.nterlocal Agreement, compensation will be as negotiated between the City and the Examiner and/or the Examiner's employer. If the Examiner is a City staff position, compensation shall be as set forth in the City's salary schedule. Section 7. Powers: The Examiner shall receive and examine available information, including environmental documents, administer oaths and affirmations, examine witnesses, rule upon offers of proof, conduct public hearings and prepare a record thereof, and enter findings and conclusions for decisions on: a) Appeals from any decision of the Department of Planning in the administration and enforcement of the Development Regulations (Zoning Code) or other land use code or regulation including; b) Applications for conditional use permits; c) Applications for variances; d) Preliminary plat approvals and change of conditions; e) Appeals of State Environmental Policy Act determinations; f) Plat vacations and alterations; g) Application for shoreline permits; h) Applications for any other identified land use regulatory permits which may be required by ordinance; and i) Applications for site - specific zone changes; and j) Any other matters that the City Council may refer by Motion or ordinance, specifically declaring the matter may be heard by the i- Tearing Examiner. Section 8. Freedom From Improper influence. No person shall attempt to influence the Examiner in any matter pending before the Examiner, except publicly at a public hearing duly called for such purpose, or to interfere with an Examiner in the performance of the Examiner's duties in any other way; provided, that this section will not prohibit the City Attorney from rendering legal services to the Examiner. Section 9. Conflict of Interest. The Examiner shall not conduct or participate in any hearing, decision or recommendation in which the Examiner has a direct or indirect substantial financial interest, or concerning which the Examiner has had substantial prehearing contacts with proponents or opponents wherein the issues were discussed; nor, on appeal from or review of an Examiner decision, shall any member of the legislative body who has such an interest or has had such contacts participate in the consideration thereof. This is not intended to prohibit necessary or proper inquiries on matters such as scheduling and procedure, but any such contacts are to be entered into the official record of the proceeding. Whenever possible, such inquiries and the responses to such inquiries shall be in writing. I'.SOidinr:ecs∎OrdinieccHiirin 5xem,doc Page 2 The office of the Examiner will be separate from and not a part of the Planning Department. Section 10. Rules. The Examiner will prescribe rules for the scheduling and conduct of hearings and other procedural matters related to the duties of his office. The rules for a hearing will provide for the taking of sworn testimony and rebuttal, and may authorize the Examiner to limit the time allowed to parties testifying on an equal basis and time limits on rebuttal. Cross examination of witnesses may be allowed by the Examiner. The rules shall be approved by the City Council. Section 11. Decision -Legal Effect. The Examiner will receive and examine available information, make site visits, take official notice of matters and things, conduct public hearings, prepare a record thereof, and enter findings, decision or recommendations as provided in this section. A. The decision of the Examiner on the following matters shall be final and conclusive and have the effect of a final decision of the City Council. F;50ardic'rnixeOrdxance Itouin f_r. m dnc 1. Applications for variances; 2. Conditional use permits; 3. Special use permits; 4. Shoreline Permits, when a public hearing is required; 5. Appeals from any administrative decision of the Department of Planning in the administration or enforcement of the Zoning Code or other land use code or regulation; 6. Appeals on State Environmental Policy Act determinations. B. The decision of the Examiner on the following matters shall be given the effect of an administrative decision appealable to the City Council: 1. Site specific zone changes of property, including any environmental determination (under SEPA); 2. Planned unit developments, including any environmental determination (under SEPA); 3. Preliminary plats, including any environmental determination (under SEPA); and 4. Any other applications or appeals that the City Council may refer by motion or ordinance, specifically declaring the Hearing Examiner can be appealed to the City Council. C. In addition to the powers set forth herein, the Examiner may: Page 3 1, Regulate the course of the hearing in accord with this ordinance and other applicable laws and rules; the parties; 2. Hold co Ferences for the settlement or simplification of issues by consent of 3. Dispose of procedural requests or similar matters; 4. Take such other action authorized by ordinance. D. The Examiner is hereby empowered to act in lieu of the Board of Adjustment, the Planning Commission, and such other official, boards or commissions as may be assigned, for land use issues listed in Section 9, and other land use issues authorized by the ity Council. Wherever existing ordinances, codes or policies authorize or direct the City Council, Board of Adjustment, Planning Commission or other official, boards or commissions to undertake certain activities which the Examiner has been assigned, such ordinances, codes or policies will be construed to refer to the Examiner. Section 1.. Land Use Issues- Report of Planning- Department. On any ]and use or regulatory matter corning before the Examiner, the Planning Department will coordinate and assemble the review or other City Departments, governmental agencies, and other interested parties and will prepare a report summarizing the .factors involved and the Department's findings and recommendations. At least five calendar days prior to the scheduled hearing, the report will be filed with the Examiner and copies thereof mailed to the applicant and made available for public inspection. Copies thereof will be provided to interested parties upon payment of reproduction costs. In the event that information to be provided by the applicant or other parties, outside of City control has not been provided in sufficient time for filing five days in advance of the hearing the Hearing Examiner may reschedule the hearing and notify interested parties. Section 1. Report to and Meeting with Planning Commission and City Council. The Examiner must report in writing to and if requested, meet with the .Planning Commission and City Cou ncil at least annually for the purpose of reviewing the adrnin.istra.tion of the land use policies and regulatory ordinances, and any amendments to City ordinances or other policies or procedures which would improve the performance of the Examiner process. Such report may include a summary ofthe Examiner's decisions since the last report. Section 14, Reconsideration - Any aggrieved person upon good cause that the decision of the Examiner is based on erroneous procedure, error or law or fact, error in judgment, or the discovery of new evidence which could not have been reasonably available at the hearing, may make a written request for reconsideration by the Examiner within ten (10) days ofthe date the decision is rendered- This request must set forth the specific errors or new information relied upon by such appellant. The Examiner may after review of the record and materials take further action as appropriate. Section 15, Appeals Unless provided otherwise by this Ordinance or statute (see RCW Chapter 36,70C). any aggrieved person may submit a written appeal of the Examiner's Decision to the Council within fourteen (14) calendar days from the date the final decision of the Examiner is rendered. The Council shall hold a closed- record hearing on the appeal. 1.301dillucdeudintr.cc FkIrIn2aRTA.rle4 Page 4 Such appeal must be based on the record, established and made at the hearing, provided that new evidence which was not available at the time of the hearing may be included in such appeal. The term "new evidence" means only evidence discovered after the hearing and shall not include evidence which was available or which could reasonably have been available at the hearing. Such written appeal shall allege specific errors of law or fact, specific procedural errors, omissions from the record, errors in the interpretation of the Comprehensive Plan or development regulations, or new evidence which was not available at the time of the hearing. 'Upon such written appeal being filed within the time period allotted and upon payment of fees as required, a hearing will be held by the City Council- Such hearing will be held in accord with appeal procedures adopted by the City Council. If the Examiner has recommended approvals of the proposal, such recommendation will be considered by the City Council at the same time as the consideration of the appeal. The Examiner's decision will be presumed to be correct and supported by the record. and law. Section 16. incorporation 13v Reference. Pursuant to RCW 35A.12.140, the City of Spokane Valley incorporates by reference Spokane County Resolutions 96-0171 and 96 -0294, attached hereto to the extent they are not inconsistent with this Ordinance. In the event of an inconsistency between this Ordinance and the above Spokane County Resolutions, this Ordinance and other City Ordinances and rules shall supersede and control. Section 17. Severability, If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 18. Effective Date. This Ordinance shall be in full force and effect five (S) days after publication of the Ordinance Summary, and on the date of incorporation. ATTEST: PASSED by the City Council this day of March, 2003. Interim City Clerk, Ruth Muller Approved as to Form: r!5aidiuE.S.aidiinuoG Fithiina.[vhAlOG Mayor, Michael DeVIeming Page 5 interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: P:LCkdinnnc s1 rdinance Ileving[vmdoc Page 6 MASTER AGREEMENT FOR ROADWAY MAINTENANCE GM - 01399 STATE MAINTENANCE OF CITY OF SPOKANE VALLEY OWNED ROADWAY ON STATE ROUTE 27 (PINES) AND STATE ROUTE 290 (TRENT) This AGREEMENT made and entered into this day of , 2003 is by and between the STATE OF WASHINGTON, Department of Transportation, acting through the Secretary of Transportation, hereinafter called the "STATE", and the City of Spokane Valley, Spokane County, Washington hereinafter called the "LOCAL AGENCY "; acting through the Interim Public Works Director of the LOCAL AGENCY, hereinafter called the "CHLEF EXECUTIVE" WHEREAS, the LOCAL AGENCY owns certain Roadways including SR -27 and SR -290 within the corporate limits of the City as a result of Incorporation within Spokane County, and the LOCAL AGENCY must assume certain maintenance and operational responsibilities by virtue of RCW 47.24.010 and RCW 47.24.020, and WHEREAS, it would be to the mutual benefit of the STATE and the FOCAL AGENCY for the STATE to perform the operation and maintenance of certain Roadways to the extent set forth in this A(TR:Ii EMENT, and to establish, in writing, each party's .responsibility. NOW THEREFORE, by virtue of RCW 47.28.140 and in consideration of the temms, conditions, covenants, and performance contained herein or attached and made part of, IT IS MUTUALLY AGREED AS FOLLOWS: i GENERAL The STATE agrees to perform certain roadway maintenance and operation activities for the LOCAL AGENCY at the expense of the LOCAL AGENCY as outlined in Exhibit "A" Estimate of Cost attached hereto and by this reference made part of this AGREEMENT. 1 GM 01399 The LOCAL AGENCY and STATE will meet as necessary / a minimum annually to review coordination issues, system changes, and maintenance and operations issues for the LOCAL AGENCY owned roadways. The LOCAL AGENCY retains ownership of said roadways. As such, the STATE will coordinate review of modifications with the LOCAL AGENCY prior to implementation. The exception is where extraordinary circumstances require the STATE to take immediate remedial action. In the event a condition exists resulting from storm damage, third party damage, or other reasons, the STATE may of their own volition, remove any obvious and inunediate traffic hazards before notification to the LOCAL AGENCY. The STATE is responsible for implementing and maintaining necessary traffic•control from the point at which the condition is identified until the roadway is restored to it's previous functional state. II STATE RESPONSIBILITY As to the Roadways identified in Exhibit "A," the STATE shall be responsible to perform the following tasks: A. Original paving plans and all revisions thereto, as determined by the STATE, shall be reviewed by the LOCAL AGENCY'S Public Works Director before the plan and/or any revisions are implemented. As defined in RCW 47.24, the STATE shall continue to pave SR -27 and SR -290. B. Provide routine maintenance and operation which shall involve the performance of the following activities: 1. Sweeping Pavement and dust control measures. 2. Cleaning Catch Basins and Drains. 3. Litter Pick Up and Noxious Weed Control. 4. Snow Plowing, Sanding, and Liquid Chemical Deicing. 5. Winter Sand Cleanup, Including Cleaning Sidewalks. 6. Painting Crosswalks, Stop Bars, and Striping. 7. Sign Maintenance. 2 GM 01399 C. Emergency Maintenance 1. The STATE agrees to perform emergency maintenance on SR -27 or SR -290 roadway components at LOCAL AGENCY expense if the damage was caused by accidents, vandalism, adverse weather or unanticipated forces or actions. The STATE shall notify the LOCAL AGENCY within 24 hours of the replacement or repair work as to any - relevant information the STATE may possess if the damage was caused by a third party D. Replacement or repair caused by accidents, vandalism, adverse weather or unanticipated forces or actions. 1. The STATE agrees to perform replacement or repair of the SR -27 or SR -290 roadway components at LOCAL AGENCY expense if the damage was caused by accidents, vandalism, adverse weather or unanticipated forces or actions. The STATE shall notify the LOCAL AGENCY within 24 hours of the replacement or repair work as to any relevant information the STATE may possess if the damage was caused by a third party. E. Standards 1. Work to be performed by the STATE will be consistent with current STATE practices concerning the operation and maintenance standards consistent with M 50101 Maintenance Manual. III LOCAL AGENCY RESPONSIBILITY The LOCAL AGENCY'S responsibilities regarding the designated roadway identified in Exhibit "A" shall include providing maintenance, operation, repair and replacement activities that are not covered in Section 11, State Responsibility. ry PAYMENT AND ASSOCIATED COST The estimated cost of routine maintenance and operation in (the current year) is as detailed in Exhibit "A" attached hereto and by reference made part of this AGREEMENT. The LOCAL AGENCY 3 GM 01399 agrees to set aside funds for payment to the STATE for such work in this amount. It is anticipated that actual costs will rise in subsequent years as materials, wages and other costs increase. The LOCAL AGENCY further agrees to reimburse the STATE for the actual direct and related indirect costs of work covered by this AGREEMENT including additional work for emergency maintenance and additional work performed at the request of the LOCAL AGENCY. Payments shall be made upon presentation of progress billings by the STATE, and within thirty (30) days after the LOCAL AGENCY has received each billing. The LOCAL AGENCY agrees that if payment for the work is not made within forty -five (45) days after the LOCAL AGENCY has been billed for the work, the STATE may withhold any monies which the LOCAL AGENCY is entitled to receive from the Motor Vehicle Fund and apply the withheld monies to the amount billed by the STATE until satisfied. During the progress of any and all work assigned to the STATE, and for a period of not less than three years from the date of payment to the STATE for that work the records and accounts pertaining to said work and accounting thereof are to be kept available for inspection and audit by the LOCAL AGENCY. Copies of all records, accounts, documents, or other data pertaining to the project will be furnished upon request to the LOCAL AGENCY. If any litigation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained until all litigation, claim or audit finding has been resolved even though such litigation, claim or audit continues past the three year retention period. in the event that it is determined that an overpayment has been made to the STATE by the LOCAL AGENCY, the LOCAL AGENCY will bill the STATE for the amount of overpayment. V RIGHT OF ENTRY The LOCAL AGENCY grants the STATE access to LOCAL AGENCY right of way for the purpose of performing operation, maintenance, repair or replacement of the roadway elements along the roadways designated in Exhibit "A" and any systems that are added to this highway in the duration of this AGREEMENT. 4 GM 01399 Z7J TIILIRM OF AGREEMENT The term of this AGREEMENT shall be for up to one year, beginning on the date first entered above, and ending on December 31 of that year. This AGREEMENT shall automatically be renewed on a calendar year basis unless written notice of tennination is given by either party by the preceding November 1 of any such year. Failure of either party to notify the other of such termination on or before November 1 of any such year shall cause this AGREEMENT to automatically be renewed for the next ensuing calendar year. Either the STATE or the LOCAL AGENCY may terminate this AGREEMENT for any reason with written notice to the other party at the end of a sixty (60) calendar days following receipt of notice. Termination of this AGREEMENT shall constitute tennination of all associated roadway assignment documents as well. Upon such notice, the STATE shall have no further responsibility of any kind or nature regarding the LOCAL AGENCY'S roadways, including any features that were added to this AGREEMENT by amendment. VTT LEGAL RELATIONS Each of the PARTIES to this AGREEMENT shall protect, defend, indemnify, and save harmless to the other PARTY, it officers officials, employees, and agents, while acting within the scope of their employment as such, .from any and all costs, claims, judgment, and/or awards of damages, arising out of, or in any way resulting from, each of the PARTY'S negligent acts or omissions. No PARTY will be required to indemnify, defend, save harmless the other PARTY if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the other PARTY. Where such claims, suits, or sections result from concurrent negligence of the PARTIES, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the PARTY'S own negligence. Each of the PARTIES agrees that its obligations under this subparagraph extent to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each of the other PARTIES, by mutual negotiation, hereby waives, with respect to each of the other PARTY only any immunity that would otherwise be available against such claims under the industrial Insurance provisions of Title 51 RCW. Tn the event that any of the PARTIES or combination of the PARTIES incurs any judgment, award and/or cost arising therefonn, including attorneys' fees to enforce the provisions of this Section, all such fees expenses and costs shall be recoverable from the responsible PARTY or combination of the PARTIES to the extent of that PARTY'S /those PARTIES' culpability. This indemnification shall survive the termination of this AGREEMENT. 5 GM 01399 6 In the event that any party deems it necessary to instituute legal action or proceedings to enforce any right or obligation undr this AGREEMENT, the PARTIES hereto agree that any such action or proceedings shall be brouught in a coourt of competent jurisdiction situated in Thurston County, Washington. All claims brought which arise out of in connection with, on incident to the execution of this AGREEMENT will be forwarded to the LOCAL AGENCY for initial processing. Any such claims believed to be caused by the concurrent or sole negligence of the STATE will be formally tendered to the General Administration /Office of Risk Management for processing pursuant to RCW 4.92.100. IN WITNESS WHEREOF, the parties hereto have executed the AGREEMENT as of this day and year first above written. Approved As To Form: sistant Attorney Gen a Date: /y' j& IU ,0 STATE OF WASHINGTON Approved As To Form: LOCAL AGENCY Attorney Date: CITY OF SPOKANE VALLEY DEPARTMENT OF TRANSPORTATION (OF SPOKANE CO.) By: B Assistant Region Administrator for Operations CITY Interim Public Works Director Date: Date: GM 01399 EtXHIBIT "A" Estimated Annual Routine Maintenance Cost are estimated as follows: SR 27 -PINES Sweeping Pavement 2,500 Cleaning Catch Basins/Drains 2,500 Litter .Pick Up 500 Noxious Weed Control 500 Snow Plowing, Sanding, Liquid Chemical Deicing 60,000 Winter Sand Cleanup, Includes Cleaning Sidewalks 17,000 Painting Crosswalks, Stop Bars 6,000 Striping 10,000 Sign Maintenance 4,000 Total $103,000 Sweeping Pavement 2,500 Cleaning Catch Basins/Drains 2,500 Litter Pick Up 2,500 Dead Animal Disposal (deer, moose) 2,500 Snow Plowing, Sanding, Liquid Chemical Deicing 50,000 Winter Sand Cleanup, Includes Cleaning Sidewalks 15,000 Sign Maintenance 4,000 Painting Crosswalks, Stop Bars 5,000 Striping 20,000 Total Estimated Grand Total SR 290 -TRENT $104,000 $207,000 7 GM 01399 MASTER AGREEMENT FOR SIGNAL AND ILLUMINATION MAINTENANCE GM - 01398 STATE MAINTENANCE OF CITY OF SPOKANE VALLEY OWNED TRAFFIC SIGNALS - AND ILLUMINATION ON STATE ROUTE 27 (PINES) AND STATE ROUTE 290 (TRENT) This A REEL LENT made and entered into this _ day of , 2003 is by aryl between the STATE OF 'A.SHTNC -JON, Departinent of Transportation, acting through the Secretary ofT aansportation, hereinafter called the "STATE ", and the City of Spokane Valley, Spokane County, Washington hereinafter called the "LOCAL AGENCY "; acting through the Interim .Public 'Works Director of the LOCAL AGENCY, h. einafter called the "CHIEF EXECUTIVE" WHEREAS, the LOCAL AGENCY owns certain traffic signals and illumination, and 1VHE.R1.A.S, it would be to the mutual benefit of the STATE and the LOCAL A.GENCY for the STATE to perform the operation and maintenance of certain traffic si gual sys #ems and illumination systems to the extent set forth in this Agreement, and to establish, in writing, each party's responsibility. NOW THEREFORE, by 'virtue of RC ' 4718.140 and in consideration of the terms, conditions, covenants, and performance contained herein or attached and made part of IT IS MUTUALLY Y A ILEE'J) AS FOLLOWS: I GENERAL The STATE agrees to perform certain activities regarding the maintenance and operation of the designated traffic signal systems and illuminations systems owned by the LOCAL AGENCY as identified in Exhibit "A" attached hereto and by this reference made part of this Agreement. The LOCAL AGENCY and STATE. will meet as necessary f a.minirnum annually to review coordination issues, system changes, and maintenance and operations issues for the LOCAL AGENCY owned traffic signal and illumination systems. The LOCAL AGENCY retains ownership of said traffic and illumination systems. As such the STATE will coordinate`review of modifications with. the 1 GM -01398 LOCAL AGENCY prior to implementation. The exception is where extraordinary circumstances require the STATE to take immediate remedial action. In the event a condition exists resulting from storm damage, third party damage, or other reasons, the STATE. may of their own volition, remove any obvious and immediate traffic hazards before notification to the LOCAL AGENCY. The STATE is ` responsible for implementing and maintaining necessary traffic control from the point at which the condition is identified until the traffic signal system or illumination system is restored to it's previous functional state. U STATE RESPONSIBILITY As to the traffic signal systems and illumination systems identified in Exhibit "A," the STATE shall be responsible to perform the following tasks: A. Original signal phasing and timing plans and all revisions thereto, as determined by the STATE, shall be reviewed by the LOCAL, AGENCY'S Public Works Director before the plan and/or any revisions are implemented. B. Provide routine maintenance and operation which shall involve the performance of the following acti viii es: Day to day observation of signal timing, to include coordination and adjustments. 2. Removal and replacement of failed component (i.e. load switches, loop arnpli.fiers, conflict rnonitors, etc.) components inside the control cabinet. These components, installed by the STATE shall be replaced with LOCAL AGENCY owned component or purchase a new component from the STATE. 3. Replacing signal lamps that burn out. 4. Annual signal bead cleaning and re- lamping. 5. Maintaining all associated interconnects. 6. Maintaining accurate maintenance records, as to the time and materials used in completing the various tasks for each location. 7. Routine preventative maintenance to the extent consistent with the STATE'S current preventative maintenance standards. 8. The STATE is responsible for maintenance of LOCAL AGENCY owned intersection illumination. 2 GM - 01398 C. Emergency Maintenance D. Replacement or repair caused by accidents, vandalism, adverse weather or unanticipated forces or actions. 1. The STATE agrees to perform replacement or repair of the traffic signal system components and illumination system components at LOCAL AGENCY expense if the damage was caused by accidents, vandalism, adverse weather or unanticipated forces or actions. The STATE shall notify the LOCAL AGENCY within 24 hours of the replacement or repair work as to any relevant information the STATE may possess if the damage was caused by a third party. Standards 1. The STATE agrees to perform emergency maintenance on said traffic signal systems and illumination systems at LOCAL AGENCY expense. Emergency maintenance includes repair or replacement of traffic signal systems or components and the necessary traffic control for STATE) workers to perform the work.. The STATE shall notify the LOCAL AGENCY within 24 hours of the emergency work as to any relevant information the STATE may possess if the damage was caused by a third party. Subject to the exceptions set forth in paragraph C (1) and D (1) above, the STATE) is specifically excluded f:rorn performing work to paint, repair or replace signal system and illumination system components except when the LOCAL AGENCY requests the STATE to perform the work at LOCAL AGENCY expense. In that event, the parties will enter into a Signal Assignment For Repair Or Replacement, as shown in Exhibit "D" attached hereto and by this reference made a part of this Agreement. 1. • Work to be performed by the STATE will be consistent with current STATE practices concerning the operation and maintenance of traffic signal systems as set forth as follows: a) Components employed in traffic signal systems, Intelligent Transportation Systems (ITS) or any other electrical installation will conform to requirements of WAC 296 -46A -104 Traffic management systems. b) Work will be performed in accordance with section 2500, 2600 and 2700 (if ilhuninati on maintenance is included in the Agreement) of the current 3 Glut - 01398 Time Standards Manual M54 -05 for maintenance procedures for traffic signals, highway lighting and ITS equipment. c) Work performed on these signal systems will be documented in Signal Maintenance Management records III LOCAL AGENCY RESPONSIBILITY The LOCAL AGENCY'S responsibilities regarding the designated traffic signal systems and illumination systems identified in Exhibit "A" shall include the following: A. Provide maintenance, operation, repair and replacement activities that are not covered in Section II, State Responsibility of this Agreement. B. The LOCAL AGENCY is :responsible for payment of operational power costs associated with all signals and illumination. C. Request that STATE to perform repair or replacement work of the illumination and signal systems by using the Siial Assignment For Repair form as shown in Exhibit "D." IV SIGNAL AND ILLUMINATION ASSIGNMENT OR DELETION This Agreement may be amended to add or delete LOCAL AGENCY traffic signal or illumination systems by way of a Signal Assignment or Deletion document, as shown in Exhibit "C" attached hereto and by reference made a part of this Ageement. The supplemental document shall include as a minimum a description of the signal installation(s) to be added or deleted and the system(s) precise location. The effective date of coverage or deletion shall be defined in the Signal and Illumination Assignment or Deletion document. The Signal Assignment or Deletion form shall be signed on behalf of the STATEby the Regional Administrator or his designee: The LOCA.L AGENCY shall review the Signal Assignment or Deletion document and indicate concurrence by authorized signature, and returning one copy of the document with original to the STATE. 4 GM -01398 A signal may be deleted from this Agreement at the sole discretion of the STATE upon 30 days written notice to the LOCAL. AGENCY. V PAYMENT AND ASSOCIATED COST The estimated cost of routine maintenance and operation in (the current year) is as defined in Exhibit "B" attached hereto and by reference made part of this Agreement. The LOCAL AGENCY agrees to set aside funds for payment to the STATE for such work in this amount. It is anticipated that actual costs will rise in subsequent years as materials, wages and other costs increase. The LOCAL AGENCY further agrees to reimburse the STATE for the actual cost of work covered by this Agreement including additional work for emergency maintenance and additional work performed at the request of the LOCAL AGENCY. Payments shall be made upon presentation of progress billings by the STATE, and within thirty (30) days after the LOCAL AGENCY has received each billing The LOCAL AGENCY agrees that if payment for the work is not made within forty -five (45) days after the LOCAL AGENCY has been billed for the work, the STATE may withhold any monies which the LOCAL AGENCY is entitled to receive from the Motor Vehicle Fund and apply the withheld monies to the amount billed by the STATE until satisfied. During the progress of any and all work assigned to the STATE, and for a period of not less than three years from the date of payment to the STATE for that work the records and accounts pertaining to said work and accounting therefore are to be kept available for inspection and audit by the .LOCAL AGENCY. Copies of all records, accounts, documents, or other data pertaining to the project will be furnished upon request to the LOCAL AGENCY. If any litigation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained until all litigation, claim or audit finding has been resolved even though such litigation, claim or audit continues past the three year retention period. In the event that it is determined that an overpayment has been made to the STATE by the LOCAL AGENCY, the LOCAL AGENCY will bill the STATE for the amount of overpayment. 5 GM - 01398 vi: RIGHT OF ENTRY The LOCAL AGENCY grants the STATE access to LOCAL AGENCY right of way for the purpose of performing operation, maintenance, repair or replacement of the signal and illumination systems designated in Exhibit "A" and any systems that are added to this Agreement by way of. the Signal and illumination Assignment document Exhibit "C." VII TERM OF AGREEMENT The term of this AGREEMENT shall be for up to one year, beginning on the date first entered above, and ending on December 31 of that year. This agreement shall automatically be renewed on a calendar year basis unless written notice of termination is given by either party by the preceding November 1 of any such year. Failure of either. party to notify the other of such termination on or before November 1 of any such year shall cause this Agreement to automatically be renewed for the next ensuing calendar year. Tither. the STATE or the LOCAL AGENCY may terminate this AGREEMENT for any reason with written notice to the other party at the end o.f a sixty (60) calendar days following receipt of notice. Termination of this Agreement shall constitute termination of all associated signal assignment documents as well. Upon such notice, the STATE shall have no further responsibility of any kind or nature regarding the LOCAL. AGENCY'S traffic signals and illumination systems, including any systems that were added to this Agreement by amendment. VIWQ LEGAL, RELATIONS Each of the PARTIES to this AGREEMENT shall protect, defend, indemnify, and save harmless to the other PARTY, it officers officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims, judgment, and/or awards of damages, arising out of, or in any way resulting from, each of the PARTY'S negligent acts or omissions. No PARTY will be required to indemnify, defend, save harmless the other PARTY if the claim, suit, or action for injuries, death, or damages in caused by the sole negligence of the PARTY. Where such claims, suits, or sections result from concurrent negligence of the PARTIES, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the PARTY'S own negligence. 6 GM - 01398 Each of the PARTIES agrees that its obligations under this subparagraph extent to any claim, demand, € nd/or cause of action. brought by, or on behalf of, any of its employees or agents. For this purpose, each of the other PAR'T'IES, by mutual negotiation, hereby waives, with respect to each of the other PARTY only any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. .in the event that any of the PARTIES or combination of the PARTIES incurs any judgment, award and /or cost arising thereformn, including attorneys' fees to enforce the provisions of this Section, all such fees expenses and costs shall be recoverable from the ' responsible PARTY or combination of the PARTIES to the extent of that PA TY'S /those PARTIES' culpability. This indemnification shall survive the termination of this AGREEMENT. In the event that any party deems it necessary to instituute legal action or proceedings to enforce any right or obligation undr this AGREEMENT, the PARTIES hereto agree that any such action or proceedings shall be brouught in a coourt of competent jurisdiction situated in Spokane County, Washington. All claims brought which arise out of, in connection with, on incident to the execution of this Agreement will be forwarded to the LOCAL AGENCY for initial processing. A.ny such claims believed to be caused by the concurrent or sole negligence of the STATE will be formally tendered to the General Administration/Offi.ce of Risk Management for processing pursuant to RCW 4.92.100. IN WITNESS WITFREOF, the parties hereto have executed the AGREEMENT as of this day and year first above written. STATE OF WASHINGTON CITY OF SPOKANE VAI_,LEY DEPARTMENT OF TRANSPORTATION (OF SPOKANE CO.) By: By: REGION Maintenance Engineer CITY Interim Public Works Director 7 GM -01398 A List Of Traffic Signals and Roadway Illumination That The STATE Will Be Maintaining and Operating for the LOCAL AGENCY. SIGNAL LOCATIONS 290 @PARK 310WATT 290 @VISTA 310WATT 290 @ARGONNE 310WATT 290 @PINES 310WATT 290 @EVERGREEN 310WATT 27 @MISSION 310WATT 27 @BROADWAY 310WATT 27 @SPRAGUE 310WATT 27 @16TH 310WATT 27 @32ND 310WATT ILLUMINATION LOCATIONS 290eDICKEY 250 WATT 290eDOLLAR 250 WATT 290aBRADLEY 250 WATT 290(a7COLEMAN 250 WATT 290aLILY 250 WATT 290 aaBOWMAN 250 WATT 290 aaCENTER 250 WATT 290aELLA 250 WATT 290eDICK 250 WATT 290 aaBESSIE 250 WATT 290 aaSARGENT 250 WATT 290aDALE 250 WATT 290eMAPLE 250 WATT 290eBOEING 250 WATT 290( FOWLER 250 WATT 290aBUTLER 250 WATT 290aWILLIAMS 250 WATT 290aLOCKWOOD 250 WATT 290aSTEGNER 250 WATT 290 a.PIT 250 WATT 290aWOODLAWN 250 WATT 290 aaMcDONALD 250 WATT 290aBEST 250 WATT 290aADAMS 250 WATT 290( BURNS 250 WATT 290 EAST OF EXHIBIT "A" 1 1 1 1 1 1 1 1 1 1 11 4 10 5 2 6 8 16 7 7 4 3 5 3 3 4 3 3 3 3 4 2 9 3 3 3 3 3 3 3 3 3 6 3 3 PINES 250 WATT 7 290aPROGRESS 250 WATT 3 290aSULLIVAN 310WATT 10 8 GM - 01398 290gFLORA 310WATT 4 290 @MONTE DEL RAY 310WATT 3 290gBARKER 310WATT 6 290gW ELLESLY 310WATT 2 27 NEAR RR TRACKS 310WATT 2 27@ 24th and 28' 310WATT 8 Modern Electric Maintained 200 WATT 27gMAXWELL 200 WATT 1 27 @CATALDO 200 WATT 1 27gVALLEYWAY 200 WATT 1 27 ai 3RD 200 WATT 1 27g7TH 200 WATT 1 27g11TH 200 WATT 1 27gSINTO 200 WATT 1 27 @N 700 200 WATT 1 27 @N 302 200 WATT 1 27©4TH 200 WATT 1 27@8TH 200 WATT 1 27@ 12TH 200 WATT 1 27 @BOONE 200 WATT 1 27 a(�.ALKI 200 WATT 1 2781ST 200 WATT 1 27 @S 421 200 WATT 1 27g9TH 200 WATT 1 27813TH 200 WATT 1 27gDESMET 200 WATT 1 27gOLIVE 200 WATT 1 27@2ND 200 WATT 1 27g6TH 200 WATT 1 27810TH 200 WATT 1 Avista Maintained 27c Mansfield 100 WATT 2 27 @Marietta 100 WATT 1 27gBuckeye 100 WATT 1 27gGrace 100 WATT 1 27 @North 3204 100 WATT 1 27 @North 3322 100 WATT 1 GM - 01398 EXHIBIT "B" Estimated Annual Routine Maintenance Cost There are 163 luminaires on SR290 and SR27 Annual Estimated .Preventative Maintenance Cost - $9,044 Annual Estimated Emergency Maintenance Cost - $9,310 Total - S18,354 Average Annual cost $112,60 per luminaire. There are 10 Signals with 76 luminaires attached on SR290 and SR27 Annual Estimated Preventative Maintenance Cost - $18,538 Annual Estimated Emergency Maintenance Cost - $8,320 Annual Estimated Signal Operations (timing) Cost - $9,698 Total - $36,556 Average Annual cost $3,655.60 per signal with luminaires attached. There is 1 Flasher with 1 luminai.re attached on S12290 at University Annual Estimated Preventative Maintenance Cost - $251 Annual Estimated Emergency Maintenance Cost - $370 Total - $621 Estimated Grand Total for Signal and Illumination Costs - $55,531. Estimate doesn't include power cost which will be billed directly to the Local Agency. 10 GM - 01398 EXHIBIT "C" SIGNAL AND ILLUMINATION ASSIGNMENT l :tA,INTENAi E (LIST) DOCUMENT This list is of signals assigned to STATE for maintenance by the LOCAL AGENCY Assignment Maintenance (List) Document 11 GM-0[3n EXHIBIT "D" Traffic Signal and Illumination assignment For Repair or Replacement Document This Signal and llhunination Assignment for Repair or Replacement, made and entered into this day of , 20_, by and between the STATE OF WASHINGTON, Department of Transportation, acting through the Secretary of Transportation, by virtue of Title.47 RCW, hereinafter designated as the "STATE ", and the City of Spokane Valley, Spokane County, Washington hereinafter called the "LOCAL AGENCY ". WHEREAS, Master Agreement number GM —1398, entered into between the STATE and the LOCAL AGENCY is incorporated and by this reference, made a part of this Signal and Illumination Assignment for Repair or Replacement as if fully set forth herein. NOW THEREFORE, it is mutually agreed that the following work is to be performed by the STATE at LOCAL, AGENCY expense: 1. Description and Location of Existing Facility: 2. Description of Work: 3. Cost(labor and materials): 4. the effective date to start this Signal and Illumination Assignment for Repair or Replacement is WI:IITNESS WHEREOF, the parties hereto have executed this Signal and Illumination Assignment for Repair or Replacement as of the day and year first above written. STATE OF WASHINGTON • CITY OF SPOKANE VALLEY DEPARTMENT OF TRANSPORTATION (OF SPOKANE CO.) By: By: REGION Maintenance Engineer CITY Interim Public Works Director 12 Gv1 -01393 Ruth Muller From: Stan M Schwartz [sms ©notes.wkdtlaw.comj Sent: Tuesday, March 18, 2003 11:12 AM To: rmuller ©spokanevalley.org Subject: Spokane County MOU re Engineering Services for Transportation The following are my comments on the above referenced MOU I received today. In paragraph la, I assume this relates to engineering services provided by the County for operation of the transportation(street) system. A reference to duties would be helpful - perhaps there is a County Code or Resolution that could be identified. I assume the County Engineer will also act as City Traffic Engineer in which case WAC 308 - 330 -260, -265 and -270 should be consulted and incorporated. In paragraphs lc through 1f, I believe the City must maintain decision- making authority under both the City Manager(or designee) and City Council. These provisions give the County too much control. In paragraphs 1g through 1i, the County review is fine. It appears the City has final approval authority over agreements and plans per paragraph 2e. Some language relating to costs and identification of personnel should be included. I hope the above is helpful. 3/13/2003 Page 1 of 1 Z0012) Memorandum of Understanding Between the City of Spokane Valley and Spokane County WHEREAS the City of Spokane Valley (CITY) has voted to incorporate and is planning to contract with Spokane County (COUNTY) for engineering services. WHEREAS an ageeruent for services between CITY and COUNTY is being prepared covering services to be contracted, the budget estimates for such services, and rates to be charged to the CITY. This memorandum of understanding will address procedural items. WHEREAS both CITY and COUNTY desire a seamless transition in the responsibility and operations of the transportation system with no loss or reduction in service. THEREFORE, COUNTY and CITY do hereby agree as follows: 1. COUNTY agrees to perform the following responsibilities: a. To provide engineering services in a timely manner. b. To act as the grantee on all existing project grants within the CITY corporate limits c. To act as agent for CITY in making day -to -day decisions regarding project issues such as funding, design, utility relocation, right -of -way, plan and specification preparation, and construction inspection. d. To act as liaison for CITY with grant funding agencies including out -of- town meetings. e. To act as the contract agency on all CITY projects that begin construction during year 2003. f. To inform C1TY promptly of any changes in project cost estimates. g. To review proposed project utility agreements with the CITY Public Works Director. h. To review proposed Right -of -Way Agreements with the CITY Public Works Director. i. To review project plans with CITY staff at project inception, and at approximately 30 %, 60 %, and 90% completion. j. To meet routinely with CITY staff to discuss non - project affairs. k. Attend CITY Council meetings during project award approval to explain project and answer questions concerting the project. 1. To review proposed contract change orders with the CITY Public Works Director. m. To allow CITY access to project files for review purposes. 2. CITY agrees to perform the following responsibilities: a. To promptly review all plans, specifications, and estimates for City street projects prepared by COUNTY. • S }IiIOM OIIand'00'OdS BLFL LLI 60S XVd 6S: PT £001/6T /£0 £000 b. To act as grantee on all CITY project grants applied for after March 31, 2003. c. To act as contract agency on all CITY projects that begin construction after December 31, 2003. d. To meet routinely with COUNTY staff to discuss project and non- project affairs. e. To promptly review and approve documents including but not limited to project grant applications, construction contracts, utility agreements, right - of -way agreements, and contract change orders. f. To place project approval items on CITY Council agendas in a timely fashion. SPOKANE COUNTY: B Date: County Engineer CITY OF SPOKANE VALLEY: By: Date: Interim City Manager SHHO..1 DIlgnd'OO'OdS 9LtL LLC 60S YYd OO :ST £OOZ /fiT /£0 Ruth Muller From: Stan M Schwartz [sms @notes.wkdtlaw.com] Sent: Tuesday, March 18, 2003 12:35 PM To: rmuller @spokanevalley.org Subject: Solid Waste Interlocal Agreement A few thoughts re the above. A) Page 1 of 1 )1(61 74P i reL0-1, a -- 1. The City will need to adopt a Solid Waste Ordinance to comply with the terms of the Interlocal. See section 3A. 2. In section 4C, why doesn't the City of SV get the right to be voting member on the Solid Waste Liaison Board. Is this some bond or finance issue? 3. In section 5, does the City have any superfund sites or liability? 4. In section 7, why does the County prepare the City Solid Waste Plan? Is this a good idea? 5. Are there any other costs(or taxes) we should know of? 6. Do we need contracts with haulers of solid waste? `, I will speak with Dick Warren on this agreement. 3 /18 /2003 File no. File no. Pile no. AN 1NTERLOCAL AGREEMENT BETWEEN THE CITY OF SPOKANE, SPOKANE COUNTY AND THE CITY OF SPOKANE VALLEY RE: SPOKANE REGIONAL SOLID WASTE MANAGEMENT SYSTEM RECITALS WHEREAS, the City of Spokane, a first class charter city duly organized and existing under and by virtue of the laws of the State of Washington (the "City "), and the County of Spokane, a class A county duly organized and existing under and by virtue of the laws of the State of Washington (the "County "), have specific powers and statutory duties relating to planning and controlling the nianagenient, handling and disposal of solid waste ( "solid waste management ") within the City and unincorporated area of the County (the "region "), respectively, including the development of a Solid Waste Management Plan under RCW 70.95; WHEREAS, the City of Spokane Valley, WA, (hereinafter "Signatory Regional City ") is a city duly organized and existing under and by virtue of the constitution and laws of the State of Washington, and likewise has specific municipal statutory powers and duties relative to solid waste management within the Signatory Regional City; and WHEREAS, the County duly adopted a Spokane County Comprehensive Solid Waste Management Plan for the region ( "Plan ") on July 21, 1998, including revisions in Spokane County Resolution No. 98 -0602; and WI-IEREAS, the City and County initiated the Spokane Regional Solid Waste Disposal Project in 1984 in order to develop a necessary solid waste management system and plan including appropriate waste reduction and recycling provisions and litter control provisions; and WHEREAS, after years of planning and the completion of an adequate environmental impact statement and vendor selection process, and after due consideration of the environmental, social, technical, economic and other relevant factors, including public and governmental comment, and observation of applicable federal, state, and local procedures, the City and County established a cooperative project for the management, handling and disposal of solid waste generated within the City and the unincorporated areas of the County by execution of an Interlocal Cooperation Agreement by a joint Resolution adopted on November 3, 1987, as superseded by an Interlocal Cooperation Agreement adopted by the City and County on October 10, 1988, as superseded by Page 2 Amended and .Restated Fnter]ocal Cooperation Agreement between the City of Spokane and Spokane County, WA onn April 10, 1989 (hereinafter collectively refen to as the "County lnterlocal Cooperation Agreement "); and WHEREAS, the County, by the County Interlocal Cooperation Agreement has agreed to exercise its police powers, and designate the System, as the site for disposal of solid waste coliceted within the unincorporated area of the County by its Flow Control Ordinance, subject to the exceptions set forth therein; and WI-IEREAS, Signatory Regional City now desires, in consideration for the City handling the disposal of Solid Waste at the System, to agree to exercise its police and contract powers and authority to designate the System as the sole site for disposal of Solid Waste under its co.ntrol; NOW. THEREFORE, BETWEEN THE. PARTIES HERETO IT IS HEREBY AGREED AS FOLLOWS: Section 1: DEFINITIONS. As used in this Agreern.ent, the following words shall have the following meanings, unless the context dictates otherwise: A. Annual Budhet shall mean the System budget for a Fiscal Year as adopted or amended by the City in accordance with Section $-12 of the Bond Ordinance B, City shah mean the City of Spokane, Washington, a first class charter city of the State of Washington. C. County shall mean Spokane County, Washington, a class A county of the State of Washington. D. County 1nterlocal Cooperation Agreement shall mean the above referenced County lnterlocal Cooperation Agreement between the City and the County for the ownership, financing and management of the system and any amendments thereof. E.. Signatory Regional City shall mean the City of Spokane Valley ;.rashington, municipal corporation of. the State of Washington. F. Facility shall mean the mass burn resource recovery steam and electric generating .facility constructed pursuant to the Construction Contract; such facility is the "Facility" as such term is defined in the Construction Contract. Page 3 G. Regional Cities shall mean all incorporated cities and towns in Spokane County, except the City of Spokane, which have entered into, or hereafter enter into a Regional City lnterlocal Agreement. H. Solid Waste includes garbage and refuse and shall mean all putrecible and non - putrecible wastes, whether in solid or in liquid form except liquid - carried industrial wastes and sewage. "Solid Waste" includes garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, discarded home and industrial appliances, manure, digested sludge, and vegetable or animal solid and semi -solid materials. Solid Waste does not include Recyclable Materials or Hazardous Waste. In addition, all materials deposited in cans or containers for collection, (other than Recyclable materials or Hazardous Waste), shall be deemed Solid Waste. System shall mean the existing Spokane Regional Solid Waste Management System comprised of all property, real or personal, tangible, or intangible that is now owned or hereafter acquired by the City which is used or useful by the City (i) in connection with the collection and disposal of Solid Waste generated within the City's boundaries and (ii) in connection with the disposal of Solid Waste generated and collected elsewhere and delivered to the System for disposal. As of the date hereof, the System includes, without limitation, the City's Northside Landfill, the City's refuse collection system, and all facilities and equipment appurtenant thereto, whether real or personal, and vehicles necessary and incident thereto. J. Recyclable Materials shall mean those materials, other than Recovered Materials which are separated from Solid Waste, either at the source of such Solid Waste or mechanically at any lawfully authorized transfer station, recycling facility, or other permitted location, as the case may be, and which are capable of being returned to the economic mainstream by the System. Recyclable Materials may include, but shall not be limited to, bottles, aluminum cans, newspapers, cardboard, paper materials, or other specific commercially marketable items, where and only where such materials have been specifically sorted by the generator prior to collection and are collected apart from the common municipal solid waste stream for commercial manufacture or recycling. K. Hazardous Waste shall mean waste which, by reason of its composition or characteristics is a toxic substance or hazardous waste as defined in the Resource Conservation and Recovery Act (RCRA), 42 USC 6901 et esq., together with its implementing regulations, or in the Toxic Substances Control Act (TOSCA), 15 USC 2601 et seq., together with its Page 4 implementing regulations, or the definitions as promulgated by the State of Washington as Dangerous Waste or Extremely Hazardous Waste, all as may be now or hereafter amended from time to time. L. Disposal Site means a site or sites approved by the Board of County Conunissioners for Spokane County or the Board's Authorized Designee, where any final treatment, utilization, processing, or deposition of Solid Waste occurs. This includes, but is not limited to, transfer stations (included as part of the disposal system of the County), sanitary landfills, incinerators, composting plants, and the location of a Facility for the recovery of energy resources from Solid Waste or the conversion of the energy from such wastes to more useful forms or combinations thereof. M. Tipping Fee means the amount charged per ton of Solid Waste for disposal by the System. All other capitalized terms used herein, which are not defined, shall have the meanings given to them in the Bond Ordinance unless another document is referenced. Section 2: PURPOSE. The purpose of this Agreement is to establish the participation of Signatory Regional City in the System as one of the Regional Cities. Section 3: SOLID WASTE DIRECTED TO SYSTEM. A. Signatory Regional City hereby covenants, agrees and contracts to exercise its police and contractual powers and authority as may now or hereafter be recognized in contract or at law to direct the deposit of Solid Waste generated within its geographical boundaries to the System. 13. The following are specifically exempted from the provisions of subsection A: 1). Wrecking automobiles and parts thereof including storage and handling facilities, minor reclamation of scrap metal, glass, discarded clothing, paper, and their associated facilities which leads to resale or reuse of said material where no charge is made for collection or disposal to the originator. 2). Depositing soil, rock, tree stumps, gravel, broken concrete, broken asphalt, and similar inert wastes onto the surface of the ground whereby such depositing is to be temporary in nature, graded, and otherwise worked to fill an existing depression or low area of ground. Page 3). Depositing agricultural Solid \Waste onto or under the surface of the ground when said waste is being utilized primarily for fertilized or a soil conditioner, or is being deposited on ground owned or leased by the person responsible for the production of said waste as long as depositing such waste does not create a nuisance. 4). Depositing sewage and/or sludge onto or under the surface of the ground at a Disposal Site which has otherwise been issued a Permit by a local, state or federal agency to be operated, maintained or managed for that purpose. 5). Depositing Hazardous Wastes or Dangerous Wastes onto or under the surface of the ground at a Disposal Site that has otherwise been issued a Permit by a local, state or federal agency to be operated, maintained, or managed for this purpose. 6). Establishment and operation of a Woodwaste Landfill site. C. The Spokane County Comprehensive Solid Waste Managerent Plan will address disposal of all types of waste. The City and County will include Signatory Regional City in planning for and opportunities for proper disposal of exempt waste. Section 4: ADMINISTRATION. A. The City will manage the System pursuant to the terms and conditions of the County Interlocal Cooperation Agreement. B. The City will provide Signatory Regional City with a copy of the Annual Budget for the System. C. A representative of the Regional Cities will be a non- voting member of the Liaison Board established by the County Interlocal Cooperation Agreement. Section 5: TIPPING FEES. A. The Tipping Fees charged for disposal of Solid Waste at the System shall be that established by the City. Tipping Fees shall be uniform for the same class of service, except that Tipping Fees at the System's transfer stations and the Facility may differ to reflect the costs of transporting Solid Waste from the transfer stations to the Facility. The City has included and shall continue to include in the Tipping Fee a "landfill closure component" which will be allocated between the City, the County, and the Regional Cities as Page 6 provided herein and in the County Interlocal Cooperation Agreement. 13. if the Signatory Regional City is determined to have liability under Initiative 97 (RCW. 70.105D) or the Comprehensive Environmental Response Compensation, and Liability Act (CERCLA) in connection with any landfill, the System shall allocate to Signatory Regional City a portion of the revenues from the landfill closure component of the System's Tipping Fees. Such allocation of revenues shall be in the same proportion that Signatory Regional City's Solid Waste generated and delivered to the System bears to the total non -City [from sources other than the City of Spokane] Solid Waste generated from all other areas of Spokane County and delivered to the System each year. The portion of non -City of Spokane generated Solid Waste delivered to the System by the Signatory Regional City shall be determined by the population of the Signatory Regional City compared to the total non-City population [people living outside the City of Spokane in all other areas of Spokane County or by such other mechanism as may be mutually agreed upon by the City, the County and the Signatory Regional City. C. The landfill closure component of the Tipping Fee will be increased or decreased periodically as deemed necessary by the City to generate the amount of funds required by the County or Regional Cities for landfill closure purposes within the limitations set forth in the County Interlocal Cooperation Agreement. D. Allocation of the revenues from the landfill closure component of the Tipping Fee will be made monthly to reflect the actual proportions based upon weight of Solid Waste delivered or caused to be delivered to the System each year by the City, County, and Regional Cities. The determination of the total weight of Solid Waste delivered or caused to be delivered to the system by the City, the County, and Regional Cities, shall be made through the use of Scale Systems or, at any Disposal Site where Scale Systems are not available, by converting volumes of Solid Waste to tons of Solid Waste at the agreed upon ranges of 3 1/3 cubic yards of compacted Solid Waste to one ton of Solid Waste and 6 2/3 cubic yards of non - compacted Solid Waste to one ton of Solid Waste. The determination of whether any particular Solid Waste delivered to a disposal site by any person is from the City or from other areas of the County shall be determined by the City through such methods or systems as the City and the County shall agree and deem appropriate. Page 7 L. Revenue allocated to Signatory Regional City if any shall be remitted quarterly. F. Allocable revenues, including interest earnings thereon, may be used for the following purposes: 1). To pay landfill closure costs. 2). To fund a reserve for future landfill costs. 3). To pay other collection costs. 4). Any other landfill purpose. Section 6: UTILITY TAX. If the City or the County should impose a utility tax on the disposal of Solid Waste at the System, the proceeds of that utility tax on disposal of Solid Waste generated within the County shall be shared, after the deduction of all appropriate and reasonable administrative costs, between the City, the County and the Regional Cities proportionately based upon the tons of Solid Waste delivered to the System from the City, the Regional Cities, and the tons of Solid Waste delivered to the System from other sources. The allocation of the tax will be pursuant to the method specified in Section 5B of this Agreement. Section 7: UPDATE OF THE COUNTY COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN. Pursuant to RCW 70.95.080, Signatory Regional City hereby authorizes the County, acting independently or through its agents or consultants, to prepare a plan for Signatory Regional City solid waste management as a part of the revisions to the Spokane County Comprehensive Solid Waste Management Plan Update in 1989 and every five (5) years thereafter, including preparation of a Local Hazardous Waste Plan, a Recycling Plan and any environmental documents required therefore. The County will provide drafts of the update and notify Signatory Regional City of meetings regarding the update. The Plan and any updates will be submitted to Signatory Regional City for their approval. parties. Section 8: AMENDMENT. Amendment of this Agreement may be made only by written agreement of the Section 9: DURATION AND TERMINATION. A This Agreement shall be for an initial term of 8 years or for such longer term as any Bonds or Additional Bonds remain Outstanding. Page 8 B This Agreement can be terminated early only by written agreement of the City of Spokane Spokane County, and the Signatory Regional City. 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, limit or extend the scope or intent of the sections to which they apply. Section 11: ADDITIONAL. This Agreement contains all of 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 parties have read and understand all of this Agreement, and now state that no representation, promise, or agreement not expressed in this Agreement has been made to induce the parties to execute the same. Failure to enforce any term or condition in any one instance shall not be deemed waiver in other instance. This Agreement shall not be construed to favor any party. Section 12: FILING OF THE AGREEMENT. The City of Spokane and Signatory Regional City shall file this Agreement with the respective City Clerks and the City shall file this Agreement with the Spokane County Auditor and Secretary of State. Section 13: SEVERABILITY. In the event any provision of this Agreement shall be declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not, in any way, be affected or impaired thereby. Section 14: EFFECTIVE DATE. This Agreement shall become effective immediately after it is duly adopted by the Board of Spokane County Commissioners, and the Councils of the Cities of Spokane and the Signatory Regional City. IN WITNESS WHEREOF each of the parties have executed this Agreement by their duly authorized officials. DATED this day of , 2003. Page 9 ATTEST: Terri Pfister City Clerk Approved as to Form: Robert l3eaumier Assistant City Attorney CITY OF SPOKANE By: John Powers, Mayor Jack Lynch City Administrator Page 10 ADOPTED by the Board of County Commissioners of Spokane County, Washington this day of , 2003. ATTEST: VICKY M. DALTON CLERK OF THE BOARD By: Daniela Erickson, Deputy M. Kate McCaslin, Commissioner ATTEST: APPROVED: Daniela Erickson Francine Boxer Clerk of the Board Chief Executive Officer Approved as to Form: James P. Emacio Chief Civil Deputy Prosecuting Attorney John Roskelley, Chai.r Phillip D. Harris, Vice - Chair DATED this day of . 2003. Page 1,1 ATTEST: City of Signatory Regional City. By: City Clerk Mayor /City Manager Approved as to form: City Attorney March 10, 2003 HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT , /CASEY M. KRAMER, DIRECTOR Mr. Lee Walton, interim City Manager City of Spokane Valley 11707 East Sprague Avenue City of Spokane Valley, WA. 99206 Dear Mr. Walton: RECEIVED • MAR 13 20113 City of Spokane Valley This letter is being sent as notification of the City of Spokane Valley's opportunity to participate in the Spokane County's Urban County Entitlement Program. The Urban County Entitlement receives an annual allocation of Community Development Block Grant (CDBG) and Home investment Partnerships (HOME) funds from the US Department of Housing and Urban Development (HUD) to develop viable urban communities, provide decent housing and a suitable living environment, and expand economic opportunities, principally for low and moderate - income persons. In 2002, Spokane County was required to re- qualify as an Urban County Entitlement covering Federal Fiscal Years 2003 -2005. Under guidance from HUD, qualified urban counties may provide non - participating units of general local government an opportunity to participate in the County's entitlement for the remainder of the qualification period. Beginning in 2005, the County, will be required to begin the re- qualification process for Federal Fiscal Years 2006 -2008. As a newly formed municipality, the City of Spokane Valley has an opportunity to be included as a consortium member for the remaining two years (2004 and 2005) of the County's Urban Qualification period. Participation in the Entitlement means that the City will be eligible to apply to Spokane County for 2004 and 2005 CDBG funds, rather than applying to the State of Washington, or to the HUD administered Small Cities Program. The City would also be afforded the opportunity to provide representation on the Housing and Community Development Advisory Committee (HCDAC), which serves in an advisory capacity to the Board of Spokane County Commissioners and oversees administration and allocation of the County's Entitlement funds. The Department would continue to follow its current By -laws regarding Housing and Community Development Advisory Committee representation for the remaining 2004 -2005 years, and establish new representation requirements for the subsequent Urban County Re-qualification period. PHONE: (509) 477 -2521 FAX: (509) 477 -2561 BROADWAY CENTRE BUILI)INC TDD: (509) 477 -2521 721 N. JEFFERSON, SUITE 200, SPOKANE, WASFCINCTON 99260 -0190 www.spokanecounty.org Page 2 Mr. Lee Walton Invitation to Participate Should the City of Spokane Valley choose to participate in the County's Urban Qualification Entitlement, the City and County must follow guidelines established pursuant to Notice: CPD 02 -05, Instruction for Urban County Qualifications for Participation in the Community Development Block Grant Program for Fiscal Years 2003 -2005, and summarized in items 1 through 3 below. 1. By May 31, 2003, notify the County in writing that it elects to be included in the Consortium. 2. By July 1,2003, enter into a cooperation agreement, authorized by the Chief Executive Officer's of each governing body. Spokane County will begin planning and preparing for its 2005 -2010 Consolidated Housing and Community Development Plan in 2004. This plan serves as the County's investment strategy throughout the 2005 -2010 tine frame and incorporates the perceived housing and non - housing needs within its geographic boundaries, including participating local governments. In order to accomplish this, the County would need to know whether or not the City intends to begin its participation prior to May 31, 2004. If the City chooses not to participate, then the County would not include data about the City in its 2005 -2010 Consolidated Housing and Community Development Plan. By May 31, 2005, should the City of Spokane Valley meet "metropolitan city" status for the first time and wish to defer such status and stay, or to accept such status and become a joint recipient with Spokane County, the City must notify the County and the HUD Field Office of its decision. Any metropolitan city that had deferred its status previously or had accepted its status and entered into a joint agreement with .the urban county, and wishes to maintain the same relationship with the County for this next qualification period, must notify the County and HUD field Office in writing by this date. A potential metropolitan city that chooses to accept its entitlement status, but chooses not to maintain a joint agreement with the urban county, must also notify the urban county and the HUD Field Office by this date. Any extension of this deadline must be authorized and issued in writing by the HUD Field Office. An extension of more than ssevdn days requires notification of headquarters by telephone. Since 1988, the Cities of Airway Heights, Cheney, Deer Park, Medical Lake and the Towns of Latah, Spangle, Millwood, Waverly, Rockford and Fairfield have participated in the Urban County Entitlement. A total of $10,318,556 in Community Development Block Grant and HOME funding has been allocated directly to the small Cities and Towns since that time. During the same time period $13,116,728 in CDBG, HOME, and other HUD funding received through the Department, has been allocated Page 3 Mr. Lee Walton Invitation to Participate either directly to residents of the City of Spokane Valley, or to social service agencies, water and irrigation districts, for profit and non - profit housing developers for projects and services located within the geographical boundaries of the new City. This amount does not include funding received by organizations located outside of the new City's boundaries that also provide direct services to City of Spokane Valley residents. We look forward to working with the City of Spokane Valley and hope you will contact us at your earliest convenience to discuss participation in the Urban County Entitlement Program. You can reach me at 477 -7561, or you may contact Tim Crowley, the Housing and Community Development Department Manager at 4774488.. Sincerely, Kasey Kramer, Director Community Services Department Housing and Community Development Depariinent' cc: Honorable Michael DeVleming, Mayor, City of Spokane Valley Richard Munson, City Council member, City of Spokane Valley John Roskelly, Chair, Board of County Commissioners of Spokane County Phillip D. Harris, Vice Chair, Board of County Commissioners of Spokane County M. Kate McCaslin, Board of County Commissioners of Spokane County Jack Peters, Director, US Department of Housing and Urban Development, Office of Community Planning and Development '!tar 12 03 11:12a Spokane CO COM DEV 505 - 477 -2561 p.4 Notice for a Public Hearing Preliminary Project and Funding Recommendations for Spokane County 2003 Community Development Block Grant (CDJ3G) Program and Affordable Housing Program (H:OMP) The public is invited to attend and speak at a hearing conducted by the Spokane County Housing and Community Development Department and the Housing and Conumunity Development Citizen Advisory Committee to obtain public comments on the Spokane County Housing and Community Development Department's: • • 2003 - 2004 Consolidated Plan • CDBG and Affordable Housing (HOME) Program Performance • Program Policies and Procedures • Activities Recommended or Not Recommended for Funding in 2003 • Priority Needs ▪ These preliminary, funding recommendations are open to public comment for 30 days beginning February 21, 2003 Public Hearing Date: March 6, 2003 Time: 7:00 PM to 9:00 PM Location: Spokane County Regional Health District -1 N'loor Auditorium. . 1101 W. College Ave., Spokane, WA Listed below are 2003 applicants and proposed projects, requested CD13G and AHP funding amount, and prelirninary funding allocations. CDBG Public Service Projects: Spokane Co. Medical Society Foundation - Healthcare Services Second Harvest Food Bank - Emergency Food Box YWCA - Alternatives to Domestic Violence Spokane Mental Healthitlder Services - Care Cars Lutheran Community Services - SAFeT Response Center . *NOVA Services - Job Training* St. Margaret's Shelter - Homeless Services Coalition for Responsible Disabled - Life Skills Program Spokane Neighborhood Action Program - Homeless Services Volunteers of America - Crosswalk Program YWCA - HEART Transitional School Spokane Valley Community Center - Emergency Services* Volunteers of America - Hope House Catholic Charities Senior Nutrition Site - Lunchtime Meal Program Spokane Valley Meals on Wheels - Senior Meal Site Lunch Program* Spokane Valley Meals on Wheels - Home Delivered Meals* Cancer Patient Care - Service Delivery Program New Hope Resource Center - Emergency Services Cheney Outreach Center - Emergency Services SPOC of Spokane - Public Service . Lilac Blind Foundation - Life Skills Program .13ig Brothers Big Sisters - Mentoring Program* Medical Lake Community Outreach - Emergency Services Economic Development: Spokane Neighborhood Action Program - MicroEnterprise Assistance S100,000 SO Pathways to Progress - MicroEntcrprise Assistance 399,040 30 Northwest Regional Facilitators - MicroEnterprisc Assistance 566,000 $0 Preliminary Requested amount Recommendation 3208,333 S20,000 $50,000 344,000 344,320 320,000 536,355 325,000 328,706 528,706 328,256 30 Are- $25,000 37,500 $25,000 30 324,905 324,905 524,000 39,025 321,187 30 $21,574 321,574 320,000 310,000 319,121 $10,000 $18900 SO S16,000 $16,000 313,600 313,600 512,470 $ 12,470 S12,000 $ 12,000 S9,972 SO 37,500 37,500 37,000 37,000* 36,22(1 $6,220 •Mar 12 03 11: 12a infrastructure/Public Facility Improvements: Town of Rockford - Water System Improvements Town of `.'Waverly - Water System Improvements City of Deer Park - Infrastructure Improvement Four Lakes Water District No. 10 - Water System Improvements City of Airway Heights - Water System Improvements Town of Fairfield - Water System Improvements City of Cheney - Waterline Improvements ope Irrigation District - Infrastructure Improvernentk ast Spokane Water District No. 1 - Waterline Improvements* Orchard Avenue Irrigation District #6 - Infrastructure - Waterline Improvements* Town of Latah - Street Improvements City of Medical Lake - Skate Park Mirabeau Point Senior Center - Senior Center* Medical Lake Food Bank - Public Facility Purchase *Spokane County Public Works/Engineering & Roads - Infrastructure Improvements* Town of Spangle - Water System Improvements City of Medical Lake - Coney island Park Improvements Peaceful Valley Community Center - Facilities Improvements Community Aquifer Protection Assistance (CAPA) - Special Assessments Assistance* Plartnin r: Neighborhood Alliance of Spokane County - Planning City of Airway Heights - Housing Plan Town of Rockford - Main Street Project Anusina: Spokane Aquifer Protection Assistance (CAPA) -Sewer Connections* Spokane Neighborhood Action Programs - essential Housing Repair Program* Administration: Housing & Community Development Dept. - CDBG Grant Administration & Compliance Totals: Spokane CO COM DEV S09- 477 -2561 HOME Pro eels: *Inland Empire Residential Resources - Valley SOLA Homes* Cheney Care Center - Sessions Village Senior Apartments Housing & Community Development Dept. - HOME Program Loan Admin & Compliance 2 P. 5510,000 50 5215,000 50 $200,000 3200,000 $188,256 30 $177,223 $155,780 5 155,172 $0 5121,100 $90,000 5119,500 $0 S 100,300 3100,300 .* S98,860 598,860 )� 591,612 391,612 568,103 $0 550,000 30 $42,000 30 338,948 338,948 ' $35,500 50 525,000 SO $1 0,720 SO $150,000 3150,000 .11 530,000 SO 322,500 515,000 520,000 514,000 5150,000 5150,000 5150,000 3150,000 5370,000 5370,000 $4,085,253 51,920,000 Requested amount 3468,479 $150,000 530,100 Preliminary Recommendation 5468,479 5150,000 $80,100 *Proposed project is located within the geographical boundaries of the City of Spokane Valley. All projects propose benefit to lower income households in Spokane County, particularly the residents of the ten small cities and unincorporated areas. No lower income households or businesses are proposed to he displaced through activities funded with federal CDBG dollars. Spokane County assures that grants will be conducted and administered in compliance with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), the Fair Housing Act (42 U.S.C. 3601 - 3620), the Age Discrimination Act of 1975, Executive Orders 11063, 11625, 12138, 12432 and 12892, Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Americ=ans with Disabilities Act (title II) and implementing regulations. If you have any questions regarding the public hearing, 2003 preliminary recommendations, the Community Development Program, or want to attend the hearing and need an interpreter for a hearing impairment or interpretation for a non - English speaking person you may obtain assistance by contacting: the Spokane County Housing and Community Development Department, 721 North Jefferson, Suite 200, Spokane, Washington. Contact Debi Pfrimrner: 477 -2587, or TDD 477 -2521