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2003, 03-06 Regular Meeting1. CALL TO ORDER Council Agenda: March 6, 2003 CITY OF SPOKANE VALLEY CITY COUNCIL AGENDA — REGULAR MEETING CITY HALL AT REDWOOD PLAZA 11707 East Sprague Avenue, First Floor Spokane Valley, Washington Thursday, March 6, 2003 6:00 p.m. 2. INVOCATION Pastor Darrel Cole, Spokane Valley Wesleyan Church 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS 6. APPROVAL OF AGENDA 7. PUBLIC COMMENTS (For members of the public to speak to the Council regarding matters NOT on the agenda. Please suite your name, address and subject for the record and limit remarks to three minutes. Thank you.) 8. COUNCIL REPORTS 9. CONSENT AGENDA (Consists of items considered routine which ate approved as a group. A uncilmember may remove an item from the Agenda to be considered separately.) A) Agenda Bill No. 2003 -043, Deferred Compensation Program (Resolution /No. 03 -019) J 13) Agenda Bill No. 2003 -044, Public Employees' Retirement System (Resolution No. 03 -018) / C) Agenda Bill No. 2003 -045, .Employee Insurance and Health Benefits (Resolution No. 03 -015) 10. ACTION ITEMS A) Motions l 1) Authorize Appropriation of Funds for Incorporation Celebration /2) Authorize Recruitment for Parks and Recreation Director and City Clerk 1 Council Aeendu: MEirch 6, 2003 /) Authorize Youth recreation program for Summer of 2003 4) Authorize development and publication of a City Newsletter 5) Authorize Deputy Mayor Wilhite and Councilmember Denenny to attend Washington D. C. Conference with Spokane Regional Chambers of Commerce B) Or inances — First Reading 1) Agenda Bill No. 2003 -041, Employee Personnel Policies and Benefits (Ordinance No. 44) (PUBLIC COMMENT ON ORDINANCE No. 44) /2) Agenda Bill No. 2003 -052, General Fees (Ordinance No. 38) (PUBLIC COMMENT ON ORDINANCE NO. 38) 3) Agenda Bill No. 2003 -055, Model Traffic Code as Amended /4 (Ordinance No. 47)(PuHLIC COMMENT ON ORDINANCE NO. 47) ) Agenda Bill No. 2003 -056, Criminal Code as Amended (Ordinance / No. 46) (PUBLIC COMMENT ON ORDINANCE NO. 46) C 5) Agenda Bill No. 2003 -057, General Penalty and Infractions (Ordinance No. 45) (PUBLIC COMMENT ON ORDINANCE NO. 45) C) Resolutions /1) Agenda Bill No. 2003 -042, Substitute Social Security Program / (Resolution No. 03 -020) (PuBILIC COMJWNr ON RESOLUTION NO. (13 -020) 2 Agenda Bill No. 2003 -069, Fee Schedule, (Resolution No. 03 -021) (PUBLIC COMMENT ON RESOLUTION NO. 03-021) D) Contracts 1) Agenda Bill No. 2003 -060, Law Enforcement Services (lnterlocal / Agreement No. CO3 -14) (PUBLIC COMMENT ON INTERLOCAL NO. CO3 -14) / 2) Agenda Bill No. 2003 -061 Prisoner Confinement, Geiger Facility (Interlocal Agreement No. CO3 -15) (PUBLIC COMMENT ON INTERLOCAL NO. CO3-15) /3) Agenda Bill No. 2003 -062, Municipal Court Services (lnterlocal Agreement No. CO3 -10) (PUBI,.Tc cOM %1ENT ON INTERLOCAL NO. CO3 -I0) � 4) Agenda Bill No. 2003 -063, Prosecutor Services (lnterlocal 5/ grcement No. CO3 -11) (PUBLIC COMMENT ON INTERLOCAL NO. CO3 -I I) ) Agenda Bill No. 2003 -064, Public Defender Services (Interlocal `Agreement No. CO3 -12) (PUBLIC COMMENT ON INTERLOCAL NO. CO3 -12) 6) Agenda Bill No. 2003 -065 Jury Management Services (Interlocal Agreement No. CO3 -13) (PUBLIC COMMENT ON INTERLOCAL NO. CO3 -13) 11. C! I'Y MANAGER AND STAFF REPORTS 2 12. PUBLIC COMMENTS (Maximum of three minutes please; state your name, address and subject for the record) 13. NEW BUSINESS 14. ADJOURNMENT FUTURE SCHEDULE A) Mar. 11, 2003, Council Regular Meeting, 6:00 p.m., Community Center B) Mar. 11, 2003, Public Hearing, Zoning /Comp Plan, 6:00 p.m. Comm. Ctr. C) Mar. 13, 2003, Special Council Meeting, 6:00 p.m., City Hall I)) Mar. 18, 2003, Council Study Session, 6:00 p. m., City Hall E) Mar. 25, 2003, Council. Regular Meeting, 6:00 p.m., City Hall F) Apr. 1, 2003, Council Study Session, 6:00 p.m., City Hall G) Apr. 15, 2003, File Public Disclosure Reports Council Agenda: March 6, 2003 3 NAME PRESENT/ABSENT COMMENTS Mayor Michael DeVlemin# Pos €tion No. 3 Deputy Mayor Diana Wilhite-Position No. 1 Councilmernber Dick Denenny- osition No. 7 Councilmen Mike Flanigan-Position No. b — Councilinetnber Rich Munson-Position No. 5 ounc.ilmembcr Gary Schimmel - Position No. 4 t-t(13-°(1) ncilrnernbcr Steve Taylor-Position No. 2 CITY OF SPOKANE VALLEY COUNCIL MEETING DATE COUNCIL ROLL CALL A,e NAME PLEASE PRINT ADDRESS TELEPHONE p k S c_ e v, l/r a� r i le3�fE sw -�� f /-/c ✓ Se FaP 72Db PUBLIC COMMENT SIGN -IN SHEET SPOKANE VALLEY CITY COUNCIL. MEETING DATE 742 1 -3 CITIZEN COMMENTS ON ITEMS NOT INCLUDED ON TIIIS AGENDA. PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. YOUR TIME WILL BE LIMITED TO THREE MINUTES March 6, 2003 Pastor Darrell Cole Spokane Valley Wesleyan Church !6607 E Broadway Heavenly Father, We acknowledge and thank You for your interest in, and love for, mankind, made in your image. We thank You for the blessing of freedom we enjoy. We ask for wisdom far our nations leaders in these troubling times and for your protection here at home and for the men and women deployed overseas. We pray for your comfort and strength for those dealing with sorrow and separation. We thank You for this great community and for these who are giving of their time and energy to serve us, and we pray for Your blessing on then and their families. We pray you will give them keen insight and clear minds as they deal with the many issues involved with the formation of this new city. This we pray in the name of Jesus, your Son. Amen. Spokane Valley Proposed Budget (as of 3/6/03) Estiniated-Ex ewe_ Talent Show Historic Displays Additional Event/Gala Promotion Mayor's Annual Gala Event City Hall Open House Official Ceremony Supplies and Organization Etoj etfunding/tncome City of Spokane Valley Gala Ticket Sales (250 X $5.00) Gala Sponsors Gala Sponsorships Other Sponsors 2003 Mayor's Gala Event (as of 3/6/03) Estimated Expense. Project Funding /Income Major Gala Sponsor Other Minor Sponsors Hotel Sponsorship :$ 250.00 :$ 250.00 :$ 1,750.00 :$ 10,775.00 :$ 100.00 :$ 150.00 :$ 2,000.00 $ 2,500.00 $ 1,250.00 $ 7,500.00 $ 2,775.00 $ 1,250.00 Artwork $ 250.00 Insurance $ 250.00 Invitation and Ticket Printing $ 500.00 Event Flyer /Postage /Advertising $ 1,250.00 Event Program $ 750.00 Meals and Champagne $ 750.00 Spokane Jazz Orchestra by Charlotte Carruthers $ 3,000.00 Sound and Lights Production $ 1,000.00 Room Rental/Reduction of Price /Equip ment $ 2,775.00 Signage and. Crew $ 250.00 $ 7,500.00 $ 500.00 $ 2,775.00 $ 15,275.00 $ 15,275.00 $ 10,775.00 $ 10,775.00 DATE ACTION IS REQUESTED: February 25, 2003 - continued March 6, 2003 APPROVED FOR COUNC. PACKET: City Manager Dept. Head Attorney Approve As To Form SUBMITTED BY: Don Morrison CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -043 TITLE: TYPE OF ACTION: Resolution Establishing a Deferred Compensation Program X Resolution ATTACHMENTS: Motion - Proposed Resolution No. 03- 019 Other Ordinance STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Approve the proposed Resolution as written. DISCUSSION: Most cities offer employees a deferred compensation program. The Resolution specifics that contributions are funded solely by employees. For more discussion, refer to Human Resources System Binder material. Following introduction at the February 25, 2003 regular meeting, Council raised a number of questions relating to the total package of personnel documents. This resolution was delayed for action until councilmembers had an opportunity to thoroughly review with staff the provisions of these documents. At the February 27, 2003 special meeting, this resolution was reviewed by City staff, attorney and councilmembers and the consensus of the Council was to include Resolution No. 03 -019 with no changes on the March 6, 2003 consent agenda. ALTERNATIVES: Do not offer deferred comp. program, or offer multiple deferred compensation programs. Refer to Human Resources System Binder material for more information. FISCAL IMPACT: SOURCE OF FUNDS: General Fund or Street Fund depending on assignment of personnel AMOUNT BUDGETED: TBI) AMOUNT NEEDED FOR PROJECT: Dependent upon staffing plan CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 0 3 -0 lc/ A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ESTABLISHING A DEFERRED COMPENSATION :PROGRAM FOR THE CITY. . WHEREAS, the City of Spokane Valley has employees and officials who render valuable services; and WHEREAS, the establishment of a Deferred Compensation Plan pursuant to Section 457 of the Internal Revenue Code will benefit employees and.oficials by providing funds for retirement and funds for their beneficiaries in the event of death; and WHEREAS, the City finds that the International City /County Management Association Retirement Corporation (ICJvIA -RC) offers an ideal deferred compensation program for cities such as - Spokane Valley; NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section (..:Deferred Compensation Program - Participation. The City Council hereby authorizes participation in the ICMA -RC 457 deferred compensation plan, said plan to be effective upon incorporation. The plan shall be funded solely by employee contributions through payroll deductions from those employees and officials desiring to participate in the program. Section 2. Authorization to Implement the Deferred Compensation Plan. The City Council hereby authorizes the City Manager to execute the necessary agreement with ICMA -RC and to ensure that employees who desire to participate are enrolled in the plan in a timely manner. ATTEST: Section 3. Effective Date. This Resolution will take effect on the official date of incorporation. Adopted this. day of February, 2003. Interim City Clerk, Ruth Muller Approved as to Form: Interim City Attorney, Stanley M. Schwartz City of Spokane Valley Mayor Michael DeVleming SUBMITTED BY: Don Morrison CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -044 SATE ACTION 1S REQUESTED: February 25, 2003- continued March 6, 2003 APPROVED FOR COU ' L PACKET: City Manager Dept. Head Attorney Approve As To Form TITLE: TYPE OF ACTION: Resolution Authorizing Participation in PERS Ordinance ATTACHMENTS: X Resolution - Proposed Resolution No. 03- Motion 018 Other STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Approve the proposed Resolution as written. DISCUSSION: The City needs to pass a Resolution authorizing City participation in the Washington Public Employees Retirement System. For more discussion, refer to Human Resources System Binder material. Following introduction at the February 25, 2003 regular meeting, Council raised a number of questions relating to the total package of personnel documents. This resolution was delayed for action until councilmembers had an opportunity to thoroughly review with staff the provisions of these documents. At the February 27, 2003 special meeting, this resolution was reviewed by City staff, attorney and councilmembers and the consensus of the Council was to include Resolution No. 03 -018 with no changes on the March 6, 2003 consent agenda. ALTERNATIVES: Not join PERS and offer substitute retirement plan. Refer to Human Resources System Binder material for more information. FISCAL IMPACT: SOURCE OF FUNDS: General Fund or Street Fund depending on assignment of personnel AMOUNT BUDGETED: TBD AMOUNT NEEDED FOR .PROJECT: Dependent upon staffing plan CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASATNGTON RESOLUTION NO. Q 3 - l e A :RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AUTHORIZING AND APPROVING PARTICIPATION IN THE WASHINGTON PUBLIC EMPLOYEES' RETIREMENT SYSTEM WHEREAS, the City Council desires for its qualified employees to participate in the Washington Public Employees Retirement System in lieu of a substitute qualified retirement plan; • NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington as follows: Section 1. Authorization to Participate. The City Council • authorizes and approves the participation and membership of its eligible employees and appointive and elected officials in the Washington Public :mployecs' Retirement System pursuant to R.CW 41.40.062; and authorizes the expenditure of the necessary funds to cover its proportionate share for such participation in the System. Section 2. incorporation. Adopted this ATTEST: Interim City Clerk, Ruth Muller Approvcdras to Form: Interim City Attorney, Stanley M. Schwartz Effective Date. This Resolution will take effect on the official date of day of February, 2003. City of Spokane Valley Mayor Michael DeVlem.i.ng DATE ACTION IS REQUESTED: February 25, 2003 - continued March 6, 2003 APPROVED FOR COU L PACKET: City Manager Dept. Head Attorney Approve As To Form SUBMITTED BY: Don Morrison CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -045 TITLE: TYPE OF ACTION: Resolution Adopting Insurance Plans and Employee Benefits Ordinance ATTACHMENTS: - Proposed Resolution No. 03- 015 - Benefit :Plan Data STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Approve the proposed Resolution as written. DISCUSSION: The City needs to establish employee benefits as part of its human resources system. For more discussion, refer to Human Resources System Binder material and attachments to this Resolution. Following introduction at the February 25, 2003 regular meeting, Council raised a number of questions relating to the total package of personnel documents. This resolution was delayed for action until councilmembers had an opportunity to thoroughly review with staff the provisions of these documents. At the February 27, 2003 special meeting, this resolution was reviewed by City staff, attorney and councilmembers and the consensus of the Council was to include Resolution No. 03 -015 as amended on the March 6, 2003 consent agenda. ALTERNATIVES: Refer to Human Resources System Binder material and attachments. X Resolution Motion Other FISCAL IMPACT: SOURCE OF FUNDS: General Fund or Street Fund depending on assignment of personnel AMOUNT BUDGETED: TBD AMOUNT NEEDED FOR PROJECT: Dependent upon staffing plan CITY OF SPOKCANE VALLEY SPOKANE COUNTY, WASHINGTON RI SOLUT :I :ON NO. 03-015 A RESOLUTION OF T1 E CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, SPECIFYING THE INSURANCE PLANS AND HEALTH RELATED BENEFITS FOR CITY EMPLOYEES FOR FISCAL 2003 WH..ER.I. AS, the City Council has adopted a personnel ordinance providing medical, dental and other benefits for its qualified employees through the Association of Washington Cities Employee Benefit Trust or other means; and WHEREAS, the City Council desires to adopt the specific plans and contribution rates for each designated plan so specified for Fiscal Year 2003; NOW TI- IEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. Medical Insurance. The City Council hereby specifies the AWC Regence Blue Shield /Asuris Northwest Health Preferred Provider Plan, and the Group Health Cooperative Copay Plan 2 as the currently authorized employee medical plans for eligible City employees. The City shall pay 100% of the premium of the lower cost plan for the employee, spouse and dependents, if any. Section 2. Dental Insurance. The City Council hereby specifics the AWC Trust Washington :Dental Service Plan B with Orthodontia Rider Plan 11 as the currently authorized employee dental medical plan for City employees. The City shall pay 100% of the premium for the employee, spouse and dependents, as required by the.AWC Employee Benefit Trust Underwriting rules. Section 3. Life Insurance. The City Council hereby specifies the AWC Trust Staters West Life-Insurance Plan C at one time the sum of annual earnings rounded up to the nearest $1,000 with the accidental death and dismemberment (AD &D) option as the currently authorized employee life insurance plan for City employees. The City shall pay 1.00% of the premium for the employee. Employees shall also be authorized to acquire.additional supplemental or dependent life insurance coverage through the plan on a self -pay basis through payroll deduction pursuant to AWC underwriting rules. Section 4. Long Term Disability Insurance. The City Council hereby specifies the AWC Trust Standard.Insurance Long Term disability Plan Option 1 (60% benefit; 90 -day elimination). as the currently authorized long term disability plan for City employees The City shall pay 100% of the premium for the employee as required by the AWC Employee Benefit Trust Underwriting rules. Section 5. Employee Assistance Program. The City Council hereby specifies the AWC Tru.st APS Employee Assistance 1 -3 Session Program as the currently authorized employee assistance program for City employees. The City shall pay 100% of the premium for the employee as required by the AWC Employee Benefit Trust Underwriting rules. . Section 6. Vision Care. The City Council hereby specifies the AWC Trust Vision Service Plan. (VSP) Option 1 Full Family - $25 deductible plan as the currently authorized employee assistance program for City employees. The City shall pay 100% of the premium for the employee as required by the AWC Employee Benefit Trust Underwriting rules. Section 7. Annual Review and Adoption. The City Council shall annually review the insurance plans and health related benefits of City employees. For fiscal year 2004 and subsequent budget years, the health related benefit programs shall be specified and approved as part of the annual budget adoption process, or adopted separately by resolution of the City Council. Section 2. Effective Date. This Resolution will take effect on the official date of incorporation. ATTEST: Adopted this day of February, 2003. lnterim City Clerk, Ruth Muller Approved as to Form: Interim City Attorney, Stanley M. Schwartz City of Spokane Valley Mayor Michael DeVlening City Manager Dept. Head Attorney Approve As To Form SUBMITTED BY: Lee Walton CITY OF SPOKANE VALLEY REQUEST .FOR COUNCIL ACTION Agenda Bill No. -- DATE ACTION IS TITLE: REQUESTED: March 6,2003 2003 Summer recreation program Ordinance APPROVED FOR CO i `CIL PACKET: ATTACHMENTS: Resolution Motion STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Authorize 2003 summer recreation program as proposed in attached worksheets. DISCUSSION: At the Study Meeting of February 13, Council gave clear direction that the City of Spokane Valley intends to place increased emphasis on providing more recreational opportunities to City residents, particularly our younger citizens. In response, the Park and Recreation Department is proposing a summer program for 2003 involving a series of day camps, pre - school, multi sport and playground events for children. In addition, the Department proposes to offer adult classes for Tennis, Square Dancing, and Aerobics. It is anticipated this program will be expanded in 2004. Also, for discussion only, note the proposed increased hours for swimming. The bulk of these offerings will be self supporting except for overhead costs associated with office rental and permanent staff. ALTERNATIVES: To not supplement the current County recreation program TYPE OF ACTION: Other FISCAL IMPACT: SOURCE OF FUNDS: Participant fees AMOUNT BUDGETED: None, Rent and permanent staff include in General Fund Budget AMOUNT NEEDED FOR PROJECT: As determined by enrollment Program /Class Length of Program ** supply " cost instructor cost facility cost transportation cost transaction cost registrant fee number of registrants required Gain/Loss If the City pays $1 /registrant Day Camp 1 1 week $200.00 $873.00 5440.00 $85.00 $2.50 $85.00 20 52.00 72.00 Day Camp 2 1 week $200.00 $873.00 5440.00 $85.00 $2.50 $85.00 20 52.00 72.00 Day Camp 3 1 week $200.00 5873.00 5440.00 $85.00 $2.50 $85.00 20 52.00 72.00 Day Camp 4 1 week $200.00 $873.00 5440.00 585.00 52.50 $85.00 20 52.00 72.00 Day Camp 5 1 week 5200.00 $873.00 5440.00 $85.00 $2.50 $85.00 20 52.00 72.00 Day Camp 6 1 week $200.00 $873.00 5440.00 $85.00 $2.50 $85.00 20 52.00 72.00 Preschool Class 1 8 sessions $500.00 $884.00 S0.00 $0.00 $2.50 $49.00 30 11.00 41.00 Preschool Class 2 8 sessions 5500.00 5884.00 50.00 50.00 $2.50 549.00 30 11.00 41.00 Preschool Class 3 8 sessions ' 5500.00 $884.00 50.00 50.00 $2.50 549.00 30 11.00 41.00 Preschool Class 4 8 sessions 5500.00 $884.00 50.00 50.00 $2.50 $49.00 30 11.00 41.00 Indoor Playground 10 sessions 5500.00 5884.00 50.00 50.00 $2.50 520.00 80 16.00 96.00 SkyHawks Camp 1 1 week 50.00 $0.00 50.00 50.00 $0.00 593.00 12 111.60 123.60 SkyHawks Camp 2 1 week $0.00 $0.00 50.00 50.00 50.00 593.00 12 111.60 123.60 SkyHawks Camp 3 1 week $0.00 $0.00 $0.00 50.00 $0.00 593.00 12 111.60 123.60 SkyHawks Camp 4 1 week $0.00 $0.00 $0.00 50.00 $0.00 S93.00 12 111.60 123.60 SkyHawks Camp 5 1 week 50.00 $0.00 $0.00 50.00 $0.00 S93.00 12 111.60 123.60 SkyHawks Camp 6 1 week 50.00 $0.00 50.00 $0.001 50.00 583.00 12 99.60 111.60 SkyHawks Camp 7 1 week 50.00 $0.00 $0.00 $0.00 50.00 583.00 12 99.60 111.60 Square Dance 1 8 sessions 50.00 50.00 50.00 50.00 52.50 0.00 0.00 Square Dance 2 8 sessions 50.00 $0.00 $0.00 $0.00 52.50 0.00 0.00 Tennis EV Tennis Uhigh Dance 1 6 sessions 50.00 50.00 50.00 50.00 $2.50 $50.00 12 114.00 126.00 Dance 2 6 sessions 50.00 50.00 $0.00 50.00 52.50 $50.00 12 114.00 126.00 Dance 3 6 sessions 50.00 50.00 50.00 $0.00 52.50 550.00 12 114.00 126.00 Dance 4 6 sessions $0.00 50.00 $0.00 $0.00 52.50 $50.00 12 114.00 126.00 Aerobics youth be 6 sessions $0.00 S0.00 50.00 $0.00 $2.50 $36.00 12 100.50 112.50 Aerobics youth p 6 sessions $0.00 50.00 $0.00 $0.00 $2.50 $36.00 12 100.50 112.50 Aerobics adult be 6 sessions 50.00 50.00 $0.00 $0.00 $2.50 $42.00 12 118.50 130.50 Aerobics adult p 6 sessions 50.00 50.00 50.00 $0.00 $2.50 $42.00 12 118.50 130.50 Aerobics senior be 6 sessions $0.00 $0.00 50.00 $0.00 52.50 542.00 12 118.50 130.50 Outdoor Playground 8 weeks _ 5200.00 _54,800.00 50.00 50.00 $0.00 50.00 NA (5,000.00) (5,000.00) (Projected) Net Revenue, summer 2003 fee -based programs: 1,585.20 2,037.20 (Projected) Net Cost, summer 2003 general fund programs: (5,000.00) (5000.00) Parks and Recreation Program Proposal (Revenue /Cost) for Summer 2003* *This projection sheet ONLY includes programs anticipated for summer 2003. We anticipate a minimum of 10% growth in program offerings in 2004 (which we expect to continue increasing). "Many of the supply costs listed are SET -UP ONLY, and will not be continued /recuning costs for the city. In the event that we do not reach our minimum "break even registration" this summer, that does not neccesarily reflect future revenue /loss patterns. Supplimental Information for Program Proposal Spreadsheet 1) Supply Costs are based on projections from Wenatchee and Renton who have similar, successful programs. The total costs are then evenly distributed to each program section that will be sharing that cost. 2) Instructor Costs are based on competitive wages for similar positions in the Spokane area, and then evenly distributed to each program section that will be sharing those instructors. 3) Facility Costs for Day Camps include projected admission to 2 -3 field trip locations for 22 participants (20 students, 2 facilitators) each week, based on stated group rates for selected local museums, skate rinks, ball games, zoos, theaters, etc. We anticipate using no -cost facilities for our remaining activities (games, crafts, etc.). 4) Transportation Costs are only applicable to Day Camps, and were calculated based on 2 vehicles (totaling 50 gallons of gas per week - 2 full fuel tanks of 20 gallons and 30 gallons at a rate of $1.70 /gallon). 5) Transaction Costs will only apply to classes for which we handle registrations - this is the cost charged to us for use of the Thrive Software Package, and we will charge this back to the registrant (in addition to their "registrant fee "). 6) The "number of registrants required" is rounded to the nearest whole person required for the class to break even. Please note that the Outdoor Playground is the only general fund (non fee - based) program we are offering this summer. 7) It was proposed at one point that the City throw in an additional $1 /registrant, and in that case, the new revenue appears in the final column - that may be a good idea this first season until we have a better sense of our costs. 8) Preschool Classes and the Indoor playground will use a single instructor, so we will have multiple class /program sections in order to accommodate the number of students required to meet the cost burdens. Much of the supply costs will be set -up only (play equipment, music, etc.) and will not be recurring, so lower numbers of registrants will not overburden the city in the long run. Supply costs may also be inflated on this projection, as some of the equipment will likely be shared between different classes (tumbling will use mats from indoor playground, etc.) 9) SkyHawks Camps are sports camps for elementary /JrHigh students, and the SkyHawks organization provides all instructors and supplies. We will be using school facilities at no charge to us. SkyHawks handles all reservations and will give us 10% of the proceeds for our camps. 10) The Westem Dance Hall has expressed an interest in contracting services to teach Square Dancing to youth. We have yet to work out the details, but it would be similar to the contract with SkyHawks - we will use their facilities and their instructors, and we will get a percentage of the proceeds. The only difference is that we will handle the registration. 11) Donna's School of Dance would like to contract with us to teach 4 dance classes (different age groups). This will be the same situation as with the Square Dance classes - we use their facilities and instructors, we handle the registration, and we get a percentage of the proceeds. This contract has NOT been specified yet, but know her prices and class sizes. Parks and 'Recreation Projected Programs Summer 2003 • Youth Sports — based) - We are working with Skyhawks to put on 7 youth sport camps for kids age 4 -14 (Skyhawks will do all the coaching, advertising, and money collecting, and we will be given a percentage of the proceeds). We have secured dates for 7 sport camps (all different sports in order to give us an idea for demand in the future — basketball, soccer, tennis, golf, flag football, and 2 combo sports which both include baseball), and we have a contract with Skyhawks that is currently being reviewed. We have reserved South Pines Elementary for the 2 camps involving 4 -7 year olds, and have learned from the Central Valley School District that it is their intent to give us priority with facility use (fields and gyms) this summer AFTER they have reserved usage for their own needs. It is our hope to secure University Center (old University High School) for the remaining sport camps, and we will know this on February 20 when CV officially approves facility use for this summer. • Day Camps — (fee based) - We would like to put on 6 weeks of day camps this summer for elementary - age students. We have met with Eastern, WSU, Whitworth, and Gon.zaga regarding a lead "intern" to work with us this spring to help plan the themes and activities for each week of camp — that person will then be the lead facilitator during each session of camp (Head .Counselor). We have also submitted requests to Eastem's Recreation Program for summer counselors who may need hours of service toward their Recreation Degree. Whitworth had a "job fair" for summer,camps today (.Feb. 13` and we attended, collecting resumes of potential camp counselors. • -- Playground — (general fund) — This program would offer playground activities and facilitation of games for kids at some of our own parks. We would hire 2 positions to rotate between 2 parks each (1/2 day at 4 parks), and we have alerted the colleges about this job opportunity. • Dance Classes — (fee based) - We have spoken with Donna's Dance Studio and they are interested in contracting with us to put on some dance classes for pre - school through adult (4 classes: preschool, youth, teen, adult). They will use their facility and their instructors, and we are building the contract now. • Square Dance — (fee based) - Vern Boggs of the Western Dance Hall is interested in teaching 1 -2 youth square dance classes (beginning class, follow -up class). We will use their facility and he (and possibly one other person he will locate) will instruct. We are working out contract details now. • Indoor Playground = (general fund OR small drop -in fee) — This program involves setting up indoor play equipment and allowing toddlers and parents to come play for a period ofapproximately an hour, one day a week. We have learned that we may do this at the Western Dance Hall in Sullivan Park,or we may be able to use one of the Central Valley or West Valley schools (at no charge). We have placed a request for use of a gym at University Center for this program, and have spoken with Centennial Middle School about using their "common area" for this program — they will know more about West Valley's summer facility use in March. • Preschool "classes" — (fee based) - We would like to offer a small number of fee -based preschool "classes" such as arts /crafts, story time, tumbling, etc. that would each be an hour a week for 6 -8 weeks during the summer We have requested resumes from WSU's Early Childhood Development program, and would like to select an intern who can start in early May and handle the facilitation of these classes (and the indoor playground program) as well as the planning of the course curriculum. We have put in requests with University Center to use a few of their classrooms for these programs. ACTIVITY START DATE END DATE TIME Day LOCATION Skyhawks Basketball 7/14/2003 7/18/2003 9am -3pm M -F U- Center Skyhawks Golf 6/16/2003 6/20/2003 9am -noon M -F South Pines Skyhawks Football 7/28/2003 8/1/2003 9am -3pm M -F U- Center Skyhawks Mini -Hawk 8/11/2003 8/15/2003 9am -noon M -F South Pines Skyhawks Multi -Sport 6/23/2003 6/27/2003 9am -noon M -F U- Center Skyhawks Soccer 6/16/2003 6/20/2003 9am -3pm M -F U- Center Skyhawks Tennis 7/21/2003 7/25/2003 9am -noon M -F U- Center Indoor Playground 6/9/2003 8/15/2003 Monday U- Center Preschool 6/23/2003 8/15/2003 Preschool 6/23/2003 8/15/2003 Preschool 6/23/2003 8/15/2003 Preschool 6/23/2003 8/15/2003 Playground 6/23/2003 8/15/2003 1 -5pm M -F Edgecliff Playground 6/23/2003 8/15/2003 8am -noon M -F Terrace View Playground 6/23/2003 8/15/2003 8am -noon M -F Mission Playground 6/23/2003 8/15/2003 1 -5pm M -F Browns Day Camp 7/7/2003 7/11/2003 8am -5pm M -F Western Dance Hall Day Camp 7/14/2003 7/18/2003 8am -5pm M -F Western Dance Hall Day Camp 7/21/2003 7/25/2003 8am -5pm M -F Western Dance Hall Day Camp 7/28/2003 8/1/2003 8am -5pm M -F Western Dance Hall Day Camp 8/4/2003 8/8/2003 8am -5pm M -F Western Dance Hall Day Camp 8/11/2003 8/15/2003 8am -5pm M -F Western Dance Hall Aerobics Classes 6/23/2003 7/30/2003 10:30- 11:30am M, W Aerobics Classes 6/23/2003 8/5/2003 6 -7pm Tu, Th Tennis Classes Tennis Classes Dance Classes Donna's Dance Dance Classes Donna's Dance Dance Classes Donna's Dance Dance Classes Donna's Dance Square Dance Classes Western Dance Hall Square Dance Classes Western Dance Hall CITY OF SPOKANE VALLEY PARKS RECREATION SESSIONS P R Sessions Senior Center Additional Service Scenarios: O'J • Eliminating the 50% Senior Center Coordinator position, would be a savings of 522,401.32 ($18,664.65 + $3,736.67 for cost allocation) This amount is from April 1, 2003 to December 31, 2003 • Increasing the Senior Center Coordinator position to 100% would cost the new City of Spokane Valley an additional 822,401.32 (818,664.65 + $3,736.67 for cost allocation) This amount is from April 1, 2003 to December 31, 2003 Aquatic Additional Service Scenario: Weekday Cost for 8 weeks $ 8,001.40 for all 3 pools ($2,667.14 each pool) ) Weekend Cost for 8 weeks $16,509.12 for all 3 pools ($5,503.04 each pool) Total Cost: 824,510.54 for all 3 pools (S8,170.18 each pool) • Typical Weekday Service: (holding a total of 3 Public Swim. Sessions) 7:00 a.m. — 8:00 a.m. Swim Team Practice 8:00 a.m. —12:30 a.rn. Swim Lessons 1 ' 1:30 p.m. — 3:30 p.m. Public Swim Session (2 hrs) .. 3:45 p.m. — 5:45 p.m. Public Swim Session (2 hrs) t *6:00 p.m. — 8:00 p.m. Evening Public Swim Session (2 hrs) — 6 weeks only ' t *Two out of the five weekdays to provide evening "adult only" sessions. Two out of eight -weeks scheduled for evening swim lessons, per pool. • Typical Weekend Service: (holding a total of 2 Public Swim Sessions) 2:30 p.m. — 5:00 p.m. Public Swim Session (2 hrs) 5:15 p.m. — 7:45 p.rn. Public Swim Session (2 %z hrs) Sign Replacement for Spokane Valley Parks 1 each 1 hour • 1 hour 1.5 hour 1 hour 1 hour Miscellaneous Materials Sub -total 2 "x10 "x5' travel $36.36p/h manufact $25.00p/h paint/letter $25.00p/h install $36.36p/h install $25.00p/h $10.00p /h "8- sign" Grand Total: $1,171.28 This price includes sign adjustment for the following Parks: BALFOUR BROWNS TERRACE VIEW CASTLE VALLEY MISSION EDGECLIFF SULLIVAN PARK POOL ( /11 aVe 40'3 1 trip per 8 signs $8.00 4.55 25 37.5 36.36 25 10 $146.41 EACH ADO Senior Center Additional Service Scenarios: • Eliminating the 50% Senior Center Coordinator position, would be a savings of $29,868.40 ($24,886.18 + $4,982.22 for cost allocation) • Increasing the Senior Center Coordinator position to 100% would cost the new City of Spokane Valley an additional $29,868.40 ($24,886.18 + $4,982.22 for cost allocation) Aquatic Additional Service Scenario: Weekday Cost for 8 weeks $ 8,001.40 for all 3 ($2,667.14 each pool) Weekend Cost for 8 weeks `16 509.12 for all 3 pools ($5,503.04 each pooll Total Cost: S24,510.54 for all 3 pools ($8,170.18 each pool) • Typical Weekday Service: (holding a total of 3 Public Swim Sessions) 7:00 a.m. — 8:00 a.m. Swim Team Practice 8:00 a.m. —12:30 a.m. Swim Lessons 1:30 p.m. — 3:30 p.m. Public Swim Session (2 hrs) 3:45 p.m. — 5:45 p.m. Public Swim Session (2 hrs) *6:00 p.m. — 8:00 p.m. Evening Public Swim Session (2 hrs)— 6 weeks only *Two out of the five weekdays to provide evening "adult only" sessions. Two out of eight -weeks scheduled for evening swim lessons, per pool. • Typical Weekend Service: (holding a total of 2 Public Swim Sessions) 2:30 p.m. — 5:00 p.m. 'Public Swim Session (2 %2 hrs) 5:15 p.m. — 7:45 p.m. Public Swim Session (2 % hrs) Sign Replacement for Spokane Valley Parks 1 each 1 hour 1 hour 1.5 hour 1 hour 1 hour Miscellaneous Materials Sub -total 2 "x10 "x5' travel $36.36p/h manufact $25.00p/h painUletter $25.00pih install $36.36p/h install $25.00pJh $10.00p/h "8- sign" Grand Total: $1,171.28 This price includes sign adjustment for the following Parks: BALFOUR BROWNS TERRACE VIEW CASTLE VALLEY MISSION EDGECLIFF SULLIVAN PARK POOL 1 trip per 8 signs $8.00 4.55 25 37.5 36.36 25 10 $146.41 EACH SUBMITTED BY: Don Morrison CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -041 DATE ACTION IS TITLE: REQUESTED: February 25, 2003 - continued PERSONNEL ORDINANCE March 6, 2003 ATTACHMENTS: \ APPROVED FOR COUNCI PACKET: - Transmittal Memo - Proposed Ordinance No. 44 City Manager Dept. Head Attorney Approve As To Form TYPE OF ACTION: X Ordinance Resolution Motion Other STAFF RECOMMENDS COUNCIL MAKE; A MOTION TO: Suspend the rules, advance to second reading and adopt Ordinance No. 44. DISCUSSION: Refer to Human Resources System Binder material. Following introduction at the February 25, 2003 regular meeting, Council raised a number of questions relating to several provisions of this ordinance. The ordinance was delayed for action until councilmembers had an opportunity to thoroughly review with staff the provisions of the personnel policies and benefits included in this document. At the February 27, 2003 special meeting, this ordinance was reviewed by City staff, attorney and councilmembers and the consensus of the Council was to include Ordinance No. 44 as amended on the March 6, 2003 agenda. ALTERNA'T'IVES: Refer to H.uman Resources System Binder material FISCAL IMPACT: SOURCE OF FUNDS: General Fund or Street Fund depending on assignment of personnel AMOUNT BUDGETED: TBD AMOUNT NEEDED FOR PROJECT: Dependent upon staffing plan and benefit resolutions CITY OF SPOKANE VALLEY SPOKANE COUNTY WASHINGTON ORDINANCE NO. 44 AN ORDINANCE OF THE CiTY OF SPOKANE VALLEY, WASHINGTON ESTABLISHING A HUMAN RESOURCES SYSTEM FOR THE CITY AND OUTLINING THE BASIC PERSONNEL POLICIES AND EMPLOYEE BENEFITS OF CiTY EMPLOYEES. WI-IEREAS, the City Council is desirous of establishing a human resources system for the City to provide the framework for the classification, compensation, recruitment, selection and employment of city staff; and WHEREAS, the City Council desires to set forth the policies governing the management of the human resources functions of the city administration; NOW THEREFORE, the City Council of the city of Spokane Valley, Washington, do ordain as follows: Section 1. Human Resources System Established. A. There is hereby established a human resources system for the City of Spokane Valley to provide a uniform system of personnel administration throughout the City service, and ensure that recruitment, selection, placement, compensation, promotion, retention and separation of City employees are based upon qualifications and fitness, and are in compliance with Federal and state laws. B. Employment with the City shall be considered at -will and may be terminated at any time by either the City Manager or the employee. No official or employee of the City. other than the City Manager, shall have the authority to enter into any agreement for employment. C. The City Manager is authorized, directed and empowered to develop and promulgate administrative policies, procedures, rules, forms and materials as needed to implement the human resources system of the City. Said policies and procedures shall comply with all related state and Federal laws, as well as City ordinances and resolutions. Section 2. Equal Employment Opportunity. It is the policy of the City to ensure equal employment opportunity for all employees and appointed representatives. This commitment includes a mandate to promote and afford equal treatment and services to all citizens, employees and City representatives, and to assure equal employment opportunity based on ability and fitness to all persons regardless of race, religion, color, creed, national origin, sex, marital status, age, or the presence of any sensory, mental, or physical disability unless such disability effectively prevents the performance of the essential duties required of the position and which are bonafide occupational qualifications. Section 3. • Non Discrimination. A. The City of Spokane Valley will not discriminate on the basis of race, color, national origin, sex, religion, age, marital status, or disability in employment or the provision of services. It is also the intent of the City to guarantee disabled persons equal opportunity to participate in or enjoy the benefits of City services, programs, or activities, and to allow disabled employees a bias free work environment. The City, upon request, will provide reasonable accommodation in compliance with the Americans With Disabilities Act (ADA). 1 B. The City is committed to creating an environment in which facilities for public meetings and general public use are accessible. Furthermore, the City will provide auxiliary aids and services (interpreters, readers, assisted listening devices, text telephones, large print materials, audio tape, help in filling out forms, and other similar services and actions) if necessary and if such reasonable accommodation can be provided without undue hardship to the City. Disabled persons may request the auxiliary aids and services of their choice, which will be given primary consideration. Communication of accessibility will be included in City publicity announcements. C. The City has a commitment to ensure equal opportunities for disabled City employees. Every reasonable effort will be made to provide an accessible work environment and additional accommodations, including auxiliary aids and services. - Employment practices (e.g. hiring, training, testing, transfer, promotion, compensation, benefits, termination, etc.) will be administered in such manner as not promote discrimination of disabled employees. D. Recruitment and selection processes will grant equal - opportunity for employment to qualified applicants and will not discriminate on the basis of race, color, national origin, sex, religion, age, marital status, or disability. Reasonable acconunodation will be provided upon request during an application/interview process. E. The City is also committed to ensure equal opportunity for disabled persons to participate on boards and commissions. Board and commission meetings will be held in accessible locations, requested auxiliary aids will be provided, and accommodation provided during the selection process of board and commission members. Through the recruitment process, the City will actively seek and invite the participation of board and commission members who are disabled. F. Future construction and renovation of City -owned buildings and facilities will be carried out in accordance with any State Barrier -Free Code regulations and ADA Accessibility Guidelines. The City Manager is authorized and directed to develop policies and procedures for addressing accessibility complaints in the event citizens, employees, or other participants in the City's programs, services, and activities feel the City has violated their rights under the ADA. Section 4. Sexual Harassment. A. It is the policy of the City to seek to eliminate 4and/or prevent sexual harassment in general, as well as to alleviate any effects sexual harassment may have had on the working conditions of an employee. 1❑ response to formal reports of sexual harassment, the city will seek to protect all parties involved from retaliation, false accusations, or future harassment, and, where indicated, will take reasonably prompt and adequate remedial measures. B. The City Manager or designee shall investigate and appropriately respond to all complaints of sexual harassment. If the City Manager is the subject of the complaint, then an inde.endent outside a)enc shall invcsti :tate the com.laint. Any records related to sexual harassment shall be sealed and retained in a separate peronnel filed maintained by the Human Resources Manager for a minimum of six years. Once the material in the scaled file is determined to have no reasonable bearing on job performance or on the efficient and effective management of the city, it may be destroyed prior to the expiration of the six year period, together with any cross - references in an employee's personnel file. C. No information from the sealed file nor'any indication of the cross- reference to the sealed file will be disclosed to persons who do not have confidential access to the personnel affairs of the city; provided, that there are two exceptions which permit some disclosure. First, an employee who reported sexual harassment and/or an employee who was allegedly affected by sexual harassment may request that the city provide information to another regarding the investigation of sexual harassment. On a case -by -case basis, the city, as a matter of its own discretion, may agree to release specified information. Secondly, whenever the city would 2 provide general information to persons who are not officers or employees of the city regarding an employee or former employee for the city's personnel file and the employee's personnel bile reflects a finding or reasonable cause for disciplinary action, then the city will also send information regarding the investigation of sexual harassment, except that no readily identifiable reference to other parties involved would be included, and any statement which the employee has requested be held in his/her file will accompany the disclosure. Information about the finding or reasonable cause for disciplinary action would not be given in response to a request fbr verification of dates employed. Section 5. Reporting Improper Governmental Action — Whistleblowing. A. In accordance with RCW 42.41, City officials and staff shall conduct City business with the utmost integrity and in strict accordance with all applicable federal, state and local laws. Accordingly, employees are encouraged to bring to the attention of the City Manager improper actions of City officials and employees. If the City Manager is the subject of the com ' laint. then the im ro . er actions shall be reported to the City Attorney who shall consult with the City Council on a course of action. The City will not retaliate against any employee who makes such a disclosure in good faith and in accordance with the procedures set forth in this policy. B. Improper actions are actions undertaken by an officer or employee in the performance of his or her official duties which (a) are in violation of any federal, state or local law, (b) constitute an abuse of authority, (c) create a substantial and specific danger to public health or safety, or (d) grossly waste public funds. Improper actions do not include conunon personnel actions, such as the processing of grievances, decisions regarding hiring, promotion, firing and other discipline, or alleged violations of labor (collective bargaining) agreements, employment contracts or policies or procedures set forth in the City's policy manual. C. The City Manager is authorized and directed to develop and implement administrative policies and procedures to carry out the intent of this section and otherwise comply with State law related hereto. Section 6. Drue Testing. F. A. The City Manager shall require an appropriate post -offer pre- employmient physical exam and drug screen test of all prospective City employees. 13. Employees required to maintain a Commercial Driver's License (CDL) shall be subject to periodic random drug testing as required by law. C. Upon a finding by an " employee's supervisor of reasonable suspicion that the employee's ability to properly perform the job has been lessened by the use of intoxicating liquor and /or drugs, the employee may be required to submit to alcohol or drug testing. In addition, an employee may be required to submit to alcohol or drug testing if the employee is injured or injures another employee during work hours or is involved in a work - related accident and the city reasonably suspects that the employee's actions or failure to act contributed to the injury or accident. Section 7. Employee Classification. A. Position classifications shall be developed and maintained for all positions in the classified City service. A job description shall be prepared and maintained in such a way that the classifications and accompanying salary grade reflect the current duties and responsibilities of the job. B. Significant changes in the duties and responsibilities of any position within the city service shall result in an evaluation of the position and possible reclassification based on such 3 changes. All position classifications shall be reviewed periodically to assure that the classification reasonably reflects the current duties and responsibilities of the position. C. Whenever the designated human Resources Manager has classified a new position or reclassified an existing position, as required by subsections (a) and (b) of this section, the Human Resources Manager shall submit the changes to the city manager for approval. To the extent the foregoing results in a change in an employee's current salary or wages, such change shall not become effective until inclusion and adoption in the next annual budget, unless sooner approved by motion of the City Council. Section 8. Salary Plan - Hiring Rate. A. The City Manager shall develop an annual salary plan covering all City positions. Preparation of the proposed salary plan shall be based upon the classification resulting from an evaluation of duties and responsibilities, and any change in the salary plan shall be made on the same basis. B. The salary plan shall be presented and considered as part of the annual budget adoption process, and shall include the grade, title and salary range of all classified City positions. C. New prospective City employees meeting the minimum qualifications for the position shall normally be hired at the minimum rate of pay within the salary range for their respective job titles. However, when a prospective employee's current rate of pay exceeds the minimum rate of pay of the respective job title, or a prospective employee's qualifications, experience, and record of achievement considerably exceed the minimum requirements for the position, the Human Resources Manager may authorize a starting rate of pay up to the mid -point of the salary range. Any proposed starting rate of pay exceeding the mid -point of the salary range must be approved by the Human Resources Manager with the written concurrence of the City Manager. No employee shall be hired in excess of the approved salary range established for the position. Section 9. . Overtime - Compensatory Time Off. A. For the purposes of computing eligibility for overtime pay, the term employee refers to those employees identified by RCW 49.46.130 who are eligible for overtime compensation. Employees who are exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) and RCW 49.46.130 shall not receive any overtime pay. Employees who are not exempt from the FLSA shall by compensated for overtime at the rate of one and one -half for hours worked in excess of the number of hours allowed per work week as designated under the Fair Labor Standards Act. B. Upon request of the non - exempt employee, the City may grant compensatory time off in lieu of overtime at its discretion at the rate of one and one - half. C. Compensatory time off may be accumulated to a maximum of 80 hours to be used at a later time upon mutual agreement of the employee and the City. D. Cenaa€ery When warranted, personal leave for exempt employees may be is hereby granted by the City Manager in recognition of extraordinary work time required of exempt positions. ' - • " - eel -ho r-fe Exempt employees shall may be granted 80 LT to 40 -hetiFs -per per -sepal• -letwe -(ter k. r its eenipelisat:er-y new ne- year -i4-is -veer Section 10. Social Security and Medicare. A. The City of Spokane 'Valley shall offer a substitute social security program, and shall not participate in the Social Security System (FICA) for employees covered by a qualified retirement program. 4 .B. Casual, part -time and temporary employees who are not covered by a qualified retirement program shall participate in the Social Security System (FICA) as required by law. C. The Social Security Substitute Program shall be a 401A plan approved by the City Council. Financing of the program shall be accomplished by employee payroll deduction contributions and through a match paid by the City as required by law. The employer and employee contributions to the program shall be the same percentage amounts required by FICA. D. As required by law, the City shall participate in the Medicare program. Section 11.. Employee Benefits — Retirement. All regular full -time City employees, except the City Manager who has the option of joining an alternate portable retirement plan in lieu of PERS, shall be required to participate in the state mandated Washington State Public Employees Retirement System (PERS). Part -time or seasonal employees who will work more than 90 hours a month for five (5) consecutive months in eligible positions are required to participate in the Retirement System. Retirement benefits accrue from both employee and employer contributions. Contributions to the retirement system are mandatory for eligible positions and are deducted from the member's salary each payroll period. Section 12. Employee Benefits — Deferred Compensation. A. The City may provide an option to any regular employee to invest a portion of his/her present earnings in a deferred compensation plan. 13. Any deferred compensation plan selected shall be approved by the City Council. Contributions to the program shall be financed solely by the employee, either through direct deposit or payroll deduction. Benefits received through this program shall be in addition to any Social Security Substitute or Public Employees' Retirement System benefits for which the participating employee would be eligible. Section 13. Employee Benefits — Medical. A. The City may offer to all regular full -time employees and all eligible dependents group medical insurance through Association of Washington Cities (AWC) Employee Benefit Trust. The specific plan shall be adopted annually by the City Council as part of the budget adoption process, or by resolution. 13. Regular part -time employees who work 20 or more hours per week on an ongoing basis may have the option of enrolling in the City's medical insurance program on a pro rata basis. For example, if a regular part -time employee normally works four hours per day, and the departanent's normal workday is eight hours, the City shall pay 50% of the premiums it would have otherwise paid for a full -time employee. The remaining percent would be paid by the employee at his/her own expense through payroll deduction. C. The employer and employee contribution amounts to the insurance premiums shall he established by the City Council as part of the annual budget adoption process. D. No vested right to medical benefits is hereby granted by the City. Section 14. Enlpjyee Benefits — Dental. A. All regular full -time and regular part -time employees, who work 20 or more hours per week, and their eligible dependents may be enrolled in group dental coverage through the Association of Washington Cities (AWC) Employee Benefit Trust. The specific plan shall be adopted annually by the City Council as part of the budget adoption process, or by resolution. No vested right to dental benefits is hereby granted by the City 5 Section 15. Employee Benefits — Life Insurance. All regular full -time and regular part-time employees, who work 20 or more hours per week, may be provided term life insurance coverage through the Association of Washington Cities (AWC) Employee Benefit Trust. The specific plan shall be adopted annually by the City Council as part of the budget adoption process, or by resolution. No vested right to life insurance benefits is hereby granted by the City. Section 16. Employee Benefits — Vision Care. The City may provide vision care benefits for employees through participation in an insured program or through self - payment. The type of coverage provided, if any, shall be determined and adopted annually as part of the budget adoption process, or by resolution. No vested right to vision care benefits is hereby granted by the City_ Section 17. Employee Benefits —Long Term Disability. The City may provide long term disability insurance benefits for employees through the Association of Washington Cities (AWC) Employee Benefit Trust. The specific plan shall be adopted annually by the City Council as part of the budget adoption process, or by resolution. No vested right to long term disability benefits is hereby granted by the City. Section 18: Employee Benefits — Employee Assistance Program (EAP). The City may provide an Employee Assistance Program (EAP) for employees through the Association of Washington Cities (AWC) Employee Benefit Trust. The specific plan shall be adopted annually by the City Council as part of the budget adoption process, or by resolution. No vested right to an EAP is hereby granted by the City. Section 19. Workers Corn ensation. All employees are required to participate in the Washington State Workers Compensation program as outlined in RCW Title 51. Employees who are entitled to receive compensation under the "Workers Compensation Act" of the state of Washington (R.C.W. Title 51) shall receive from the City any supplementary benefits in accordance with the applicable provisions governing benefits for such an employee. Section 20. Unemployment Compensation. Section 21. Holidays. A. The City shall celebrate the following holidays off with pay for regular full -time and regular part -time unrepresented employees: New Year's Day Martin Luther King President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Day - January 1 - 3rd Monday In January - 3rd Monday of February - Last Monday Of May - July 4 - 1st Monday of September - November 11 - 4th Thursday of November - December 25 6 The City is a covered employer under the ovide-a nernployment B. In the event a holiday ether -thoi f1oatrng-holidity falls upon a Sunday, the following Monday shall be deemed to be the legal holiday. In the event the legal holiday falls on a Saturday, the preceding Friday shall be deemed to be the legal holiday. C. Regular part-time employees shall receive a pro rata share of compensation at their regular straight time hourly rate for each approved holiday. D. If any holiday mentioned above, with the exception of a floating holiday, falls on an employee's regularly scheduled day off, the employee shall be granted another day off during the month in which the holiday was celebrated, whenever possible. If this is not possible, the employee shall receive holiday pay rather than equivalent time off. E. When a holiday falls within a period of paid leave, the holiday shall not be counted as a leave day in computing the amount of leave debited. F. An employee who is absent without leave on the day immediately preceding or following a holiday shall lose the holiday as well as pay for that day. G. Non- exempt employees required to work on any designated holiday shall receive the overtime rate of pay in addition to the holiday pay. Sec -tien- re -i•s -1 p floating Ilolidny One+ a: no-employees pervi , &i et14? 1 Q 11 — a —_- 5 - _ a -- 5 — —� —� � — - -.-.- c — o "a -- 2 ' - t- 111 —�ir1 iting-by-thetle ttivotnent -ffon • 7 11 • ldrtien- 1; sie lea , ail -tiff neni-ofal80-hours f60- days- yacc;itk . • provide - fii y- C'�Fj3Siien e 1 - • iced -to — n .i. —. ._.w.... r. f 80 Alternative Section 22. Vacation Benefits. A. Vacation leave is hereby established for the mutual benefit of the City and the employee. The purpose of vacation leave is to provide employees with adequate time away from work and to provide the City with well - rested and efficient employees, but no vested right to vacation leave is hereby guaranteed by the City. B. Regular full -time employees shall accrue vacation at the following rate: Initial hire through the fifth complete year of continuous employment - eight (8) hours per month; After five (5) full years of continuous employment - ten (10) hours per month; After ten (10) full years of continuous employment - twelve (12) hours per month. C. Regular part -time employees shall accrue vacation leave on a pro -rated basis in the same percentage as the employee's average weekly scheduled hours relate to a forty (40) hour Week. Vacation leave may be used as soon as it is accrued. D. The maximum vacation accrual that will be paid upon separation or carried forward at year end shall be 360 hours. E. When required to induce a highly experienced employee to accept employment with the City of Spokane Valley, the City Manager is authorized to grant up to a maximum of eighty (80) additional hours of annual vacation leave to a prospective employee who has at least ten (10) years of prior successful experience in a similar position for which the employee is being hired. New Section 23. Sick Leave Benefits. A. Sick leave is hereby granted to regular non - represented employees to be used in cases of illness, accident or other conditions which require medical treatment or supervision and require an employee to be absent from work. Sick leave may be used to care for an employee's own health condition, a spouse's health condition or for a dependent child (including dependent step -child or foster child) under the age of eighteen (18) with a health condition that requires treatment or supervision as more particularly established in WAC Chapter 296 -130. Sick leave may also be used for the care, treatment and preventative health care of the employee and dependents. Up to 40 hours of sick leave may be used per calendar year to care for an employee's parent with a serious health condition muting the criteria for leave under the Federal Family and Medical Leave Act of 1993 (FMLA). B. Sick leave has been established for the benefit of both the employee and the employer, but no vested right to sick leave is hereby guaranteed by the City. In the event that abuse of sick leave is suspected or excessive absenteeism or tardiness occurs, or after three (3) consecutive days of sick. leave, an employee may be required to provide medical certification from his or her health care provider. Abuse of sick leave or excessive absenteeism or tardiness may be grounds for disciplinary action, up to and including termination. C. Sick leave shall be accrued by regular full -ti.me employees at the rate of eight (8) hours per month. Regular part-time employees shall accrue sick leave on a pro -rated basis in the same percentage as the employee's average weekly scheduled hours relate to a forty (40) hour week. No employee may accrue more than seven hundred twenty (720) total hours of useable sick leave. After an employee has accrued the maximum number of useable sick leave hours, the em lo 'ee ma ' convert to cash at straie t time .a ' 25 %, of the sick leave hours accrued in excess of the 720 useable sick leave hours previously earned. Any payout will be included in the last pay period of the year. D. An employee may use up to 24 hours of sick leave as bereavement leave in the case of a death to a member of the employee's immediate family. "Immediate family" shall be defined as spouse, mother, father, mother -in -law, father -in -law, children, sister, brother, daughter -in -law, son -in -law, sister -in -law, brother -in -law, grandparents and grandchildren. e uniflg- the- previetts yet Note: If a new section 23 (sick leave), is adopted, existing Sections 23 -29 would be renumbered 8 Section 23. Military Leave. A. In accordance with RCW 38.40.060 any employee who is a member of the Washington National Guard or a federal reserve unit shall be entitled to time off with pay for up to fifteen days during each calendar year while participating in officially ordered military duty. A copy of the employee's orders shall be placed in the employee's personnel file. Military leave shall not be charged to vacation or sick leave. 13. Any military leave time required in excess of the fifteen days paid leave authorized in paragraph A of Section 23 above shall be in conformace with the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Section 24. Jury or Court Duty. A regular employee who is required to serve on a jury or as a result of official city duties is required to appear before a court, legislative committee or quasi - judicial body as a witness in response to a subpoena or other directive, shall be granted paid leave for the time that the employee needs to be released from regular duties; provided, that the supervisor is promptly notified of the conflict or if the employee is excused from the appearance such as for an afternoon. The employee shall be entitled to his or her regular pay; provided, that the employee shall pay to the city any fee or.reimbursement received for such court or jury duty, up to the amount paid as paid leave. Section 25. Leave without Pa . Upon approval by the City Manager, leave without pay may be granted for a period not to exceed fifteen working days for illness, injury, educational purposes, or additional vacation. Leave without pay may not be taken until an employee has exhausted existing paid leave balances. Section 26. Leave of Absence Without Pay. Upon the request by the employee, the city manager may grant a leave of absence without pay for a period of not less than three (3) weeks and not more twenty-six (26). Approval of such leave shall be in writing and signed by the city manager. No vacation or sick leave benefits or other fringe benefits shall be accrued while an employee is on leave of absence. The employee's anniversary date will be adjusted by the length of the leave granted. Upon expiration of the leave of absence, the employee shall be reinstated in the position held at the time the leave was granted. Any employee on approved leave of absence may continue his/her medical insurance coverage by paying the full cost to the city in advance for each month of the leave of absence. A leave of absence without pay may not be taken until an employee has exhausted existing paid leave balances. Section 27. Family and Medical Leave. Employees shall be granted family and medical leave in accordance with the provisions of the State Family Leave Act, Chapter 49.78 RCW, and the Federal Family and Medical Leave Act of 1993. Family and medical leave granted under either of such Acts shall be unpaid unless otherwise provided therein. Section 28. Severability. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional, such decision shall not affect , validity or constitutionality of any other section, sentence, clause, or phrase of this ordinane. 9 Section 29. Effective Date. This ordinance shall be in full force and effect on the official date of incorporation provided publication of this ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. ATTEST: Passed by the City Council of the City of Spokane Valley on , 2003. Interim City Clerk, Ruth Muller Approved as to Form: Interim City Attorney, Stanley M. Schwartz Date of Publication : Effective Date: 10 Mayor, Michael DeVleming SUBMITTED BY: Interim City Manager FISCAL IMPACT: None SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -052 DATE ACTION IS TITLE: TYPE OF ACTION: REQUESTED: Fees and charges for Services March 6, 2003 APPROVED FOR ATTACH MENTS: COU ►, IL PACKET: Ordinance No. 38 City Manager Dept. Head Attorney Approve AsTo:Form X Ordinance Resolution Motion Other STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Advance to second reading Ordinance No. 38 relating to fees and charges for services provided by the City. DISCUSSION: State law authorizes cities to establish fees and charges for services provided. Spokane Valley is developing a fee schedule for all services that will be included in a fee schedule resolution that will be reviewed on an annual basis by the City Council. This ordinance provides authority for establishing a fee schedule for recovery of cost of services. Having a fee schedule eliminates the need to include fees in each ordinance that establishes a service provided by the City. With an annual review of the fee schedule, the City will be assured of maintaining an up -to -date schedule for recovery of cost for service. ALTERNATIVES: Have a provision in each ordinance establishing a service to the public for fee for that particular service. CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO.38 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, RELATING TO FEES CHARGED FOR SERVICES PROVIDED BY THE CITY. WHEREAS, the City is authorized to establish fees and charges for services provided; and WHEREAS, the City is desirous of recovering the cost of services through the imposition of fees and charges where appropriate. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Fees Established. In addition or as a modification of any fees established through other City Ordinances, the City may establish or amend fees and charges by Resolution for services provided by City employees, consultants or other individuals or firms under contract with the City. Section 2. 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 3. Effective Date. This Ordinance shall be in full force and effect on the official date of incorporation provided publication of this Ordinance or a sununary thereof occurs in the official newspaper of the City as provided by law. ATTEST: PASSED by the City Council this day of February, 2003. Interim City Clerk, Ruth Muller Approved As To Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: Mayor, Michael DeVlerning DATE ACTION IS REQUESTED: March 6, 2003 APPROVED FOR COUN IL PACKET: Ordinance No. 47 TITLE: Model Traffic Code TYPE OF ACTION: ATTACHMENTS: X Ordinance Resolution City Manager Motion ept. Head Other Attorney Approve As To Form SUBMITTED BY: Interim City Manager ALTERNATIVES: None FISCAL IMPACT: None SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -055 STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Suspend the rules, advance to second reading and adopt Ordinance No. 47. DISCUSSION: This ordinance was reviewed by staff and Council at the March 4, 2003 Study Session. On the March 31, 2003 date of incorporation, Spokane Valley becomes responsible for traffic and law enforcement responsibilities within the corporate boundaries of the City. In order to establish uniformity of violations, it has been determined that the Washington Model Traffic Ordinance, as modified, should he adopted as the Traffic Code of the City of Spokane Valley. Ordinance No. 47 provides for adoption of the state model traffic ordinance except for certain sections as contained in the state administrative code. CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CI'T'Y OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING THE WASEONGTON MODEL TRAFFIC ORDINANCE, EXCEPT CERTAIN SECTIONS AS CONTAINED 1N TITS, WASHINGTON ADMINISTRATIVE CODE, CHAPTER 308 -330 WAC, AS THE TRAI '1<'IC REGULATIONS WITHIN THE CITY OF SPOKANE VALLEY WHEREAS, the City of Spokane . Valley is authorized to adopt by reference the Washington Model Traffic Ordinance ( "WMTO ") which contains uniform laws for the operation of motor vehicles; and WHEREAS, upon incorporation the City of Spokane Valley has traffic and law enforcement responsibilities within its corporate boundaries and to establish uniformity of violations, the City Council has determined that the WMTO, as modified, should be adopted as the Traffic Code of the City of Spokane Valley. NOW THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do ordain as follows: Section 1. Adoption of Model Traffic Ordinance. Pursuant to RCW 35A.11.020 and RCW 35A.12.140, the Washington Model Traffic Ordinance, as set forth in Chapter 308 -330 of the Washington Administrative Code (WAC) except WAC 308 - 330 -500 through WAC 308 -330- 540 relating to Bicycle Licensing, is hereby adopted by reference as the Traffic Code (ordinance) of the City of Spokane Valley. Section2. Attachment of Exhibit "A ". The provisions of Chapter 308 -330, WAC, containing the WMTO as adopted by reference pursuant to Section 1 hereof, is attached hereto and incorporated herein by this reference. The City Clerk is to maintain a copy of the Traffic Code adopted by this Ordinance. • Section 3. Former Speed Limits Retained. The maximum speed limits for streets . established by Spokane County Code and as otherwise established by Spokane County ordinance or resolution for which speed limit signs have been duty posted by Spokane County, are hereby adopted as the speed limits on those said streets in the City of Spokane Valley, unless the Council shall establish otherwise by resolution or ordinance. Section 4. Adoption of Certain Other Laws. To the extent that any provision of law, rule or regulation referenced in the Traffic Code, is necessary or convenient to establish the validity, enforceability or interpretation of the Traffic Code, then such provision of law, rule or regulation is hereby adopted by reference. G:1C\Citycf Spokane VaRey1OrdinanccsiTrafticCode Ordinancedoc Section 5. Severability. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application or the provision to other persons or circumstances shall not be affected. Section 6. Effective Date. This Ordinance shall be in full force and effect on the official date of incorporation provided publication of this Ordinance or a summary thereof occurs in. the official newspaper of the City as provided by law. ATTEST: PASSED by the City Council this day of February, 2003. Interim City Clerk, Ruth Muller Approved as to Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: C:\C\Cityof Spokane VallcytOrdinanccs\TrafficCode Ord inancedoc Mayor, Michael DeVleming WAC 308 -330 CHAPTER Page 1 of.26 WAC SECTIONS Chapter 308 -330 WAC WASHINGTON MODEL TRAFFIC ORDINANCE 308- 330 -005 Purpose of this chapter. 308- 330 -QI_0 Amendments to this chapter automatically included. 308 -330 -030 Uniformity in application. 308 - 330 -100 Chapter 46.04 RCW (Definitions) adopted by reference. 308 - 33 -1 09 Bus. 308- 330 -112 Bus stop. 308- 330 -U5 City. • 308-330 -11 Demolish. 308 -330 -127 Holidays. 308 - 330 -133 Loading zone. 308- 330 -136 Official time standard. 308- 330 -139 Ordinance. 308 -330 -142 Parking meter. 308- 330 -145 Parking meter space. ' 308 330-148 Parking meter zone. ,308 -330 -151 Passenger loading zone. 308 -330 -154 Planting strip. 308 - 330 -157 Police or police officer. 308 -330 -160 Police chief or chief of police. 308 -330 -163 Police department. 308- 330 -169 School bus zone. 308 -330 -172 Service parking. 308- 330 -175 Street. 308 - 330 -178 Taxicab. 308-330-181 Taxicab stand. 308- 330 -184 Tow truck operator. 308- 330 -187 Traffic division. 308 - 330 -190 U -turn. 308 - 330 -195 RCW sections adopted — Livestock. 308- 330 -197 RCW sections adopted -- Off -road and nonhighway vehicles. 308 - 330 -200 RCW sections adopted -- Snowmobiles. 308 -330 -205 Public employees to obey traffic regulations. 308 - 330 -210 Police administration. 308 -330 -215 Duty of traffic division. 308- 330 -220 Authority of police and fire deportment officials: 308 -330 -225 Records of traffic violations. 308 - 330 -230 Traffic division to investigate accidents. Last Update: 2/1/02 http: / /www.leg.wa. gov /wac /index.cfm? fuseaction= chapter& chapter= 308 - 330 &RequestTimeou... 2/26/2003 WdAC 308 -330 CHAPTER Page 2 of 26 308 - 330 -235 Traffic accident studies. 308 -330 -240 Traffic accident reports. 308 330 -245 Traffic division to submit annual traffic safety report_ 308- 330 -250 Police department to administer bicycle licenses. 308 - 330 -255 Police department to regulate parking meters. 308 - 330 -260 Traffic engineer. 308 -330 -265 Traffic engineer — Authority. 308- 330 -270 Local authority -- Authority. 308- 330 -275 Traffic safety commission — Powers and duties. 308 - 330 -300 RCW sections adopted -- Certificates of ownership and registrations. 308 - 330 -305 RCW sections adopted — Vchicic licenses. 308 -330 -307 RCW sections adopted — Driver licenses and identicards. 308- 330 -309 RCW sections adopted — Uniform Commercial Driver's License Act. 308- 330 -310 RCW sections adopted — Financial responsibility. 308 - 330 -312 RCW sections adopted — Mandatory liability insurance. 308 -330 -314 RCW sections adopted — Vehicle inspection. 308- 330 -316 RCW sections adopted — Vchicic lighting and other equipment. 308-33Q-320 RCW sections adopted -- Size, weight, load. 308 -33Q322 RCW sections adopted — Transportation of hazardous materials. 308 -330 -325 RCW sections adopted -- Accidents, reports. 308- 330 -327 RCW sections adopted — Hulk haulers and scrap processors. 308- 330 -330 RCW sections adopted — Motor vehicle wreckers. 308- 330 -360 Owner of record presumed liable for costs when vehicle abandoned — Exception. 308 - 330 -365 Contract with registered disposer to dispose of vehicles and hulks — Compliance required. 308 -330 -370 Stolen and abandoned vehicles — Reports of Recovery report required, penalty — Disposition. 308 - 330 -400 Provisions of chapter refer to vehicles upon highway -- Exception. 308- 330 -403 Required obedience to traffic ordinance. 308- 330 -406 RCW sections adopted — Abandoned, unauthorized, and junk vehicle tow truck operators. 308- 330 -408 RCW sections adopted — Traffic laws, signs, signals, markings. .308-310:4112 Traffic control devices required -- Stopping, standing, and parking. 308- 330-412 Crossing new pavement and markings. • 308 - 330 -415 RCW sections adopted — Right of way. 308- 330 -421 RCW sections adopted -- Turning, starting and stopping. 308- 330 -423 RCW sections adopted -- Speed restrictions. 308- 330 -425 RCW sections adopted -- Reckless driving, vehicular homicide and assault 308 - 330 -430 Obedience to angle - parking signs or markings. 308 - 330 -433 Parking not to obstruct traffic. 308 -330 -436 Parking for certain purposes unlawful. 2QS ,,3�0 Standing in passenger loading zone. 308- 330 -442 Standing in loading zone. 308- 330 -445 Standing in a tow -away zone. 308_330 -44a Violating permits for loading or unloading at an angle to the curb. 308-330-451, Standing or parking on one -way roadways. http: / /www.leg.wa.gov /wac /index.cfm ?fuseaction = chapter &chapter =308 -3 30 &RequestTimeou... 2/26/2003 -\'V 308 -330 CHAPTER Page 3 of 26 308- 330 -454 Stopping, standing, and parking of buses and taxicabs regulated. 308- 330 -457 R.cstricted use of bus stops and taxicab stands. 308- 330 -460 Right of way for parking. 308- 330 -462 RCW sections adopted — Stopping, standing, and parking. 305- 330 -4664 RCW sections adopted — Operation and restrictions. 308 - 330 -466 Funeral processions. 308 - 330 -469 When permits required for parades and processions. 308 -330 -472 Interfering with processions. 308- 330 -475 Boarding or alighting from vehicles. - 308- 330 -478 Unlawful riding. 308- 330 -481 RCW sections adopted — Operation of nonmotorized vehicles. 308 - 330 -500 Bicycle license required. 308- 330 -505 Bicycle license application. 308- 330 -510 Issuance of bicycle license. 308- 330 -515 Attachment of bicycle license plate or decal. 308- 330 -520 Inspection of bicycles. 308 - 330 -525 Renewal of bicycle license. 308- 330 -530 Bicycle transfer of ownership. 308- 330 -535 Bicycle rental agencies. 308 - 330 -54Q Bicycle dealers. 308- 330 -545 Bicycles — Obedience to traffic control devices. 305- 330 -550 Bicycles -- Parking. -3¢555 Bicycles -- Riding on sidewalks. 308- 330 -560 Bicycles -- Penalties. 308 - 330 -56 Unclaimed bicycles. 308-330-600 Parking meter spaces. 308- 330 -610 Parking meters -- Deposit of coins and time limits. 308- 330 -620 Parking meters — Use of slugs prohibited. 308- 330 -630 Tampering with parking meter. 308- 330 -640 Parking meters -- Rule of evidence. 308 - 330 -650 Parking meters — Application of proceeds. 308- 330 -660 Service parking. 308- 330 -700 RCW sections adopted — Disposition of traffic infractions. 308-330-705 RCW sections adopted — Enforcement. 308 -330 -710 Penalties. 308- 330 -720 Citation on Illegally parked vehicle. 308 - 330 -730 Failure to comply with traffic citation attached to parked vehicle. 308- 330 -740 Presumption in reference to illegal parking. 308- 330 -800 RCW sections adopted -- Traffic control devices. 308- 330 -810 RCW sections adopted -- Limited access facilities. 308 -330 -815 RCW sections adopted — Alcoholic beverage control. 308 -330 -820 RCW sections adopted -- Guide and service dogs. 308 -330 -825 RCW sections adopted -- Littering. http:// www .leg.v<wa.gov /wac /index.cfin? fuseaction= chapter &chapter = 308 - 330 &RequestTimeou... 2/26/2003 WAC 308 -330 CHAPTER Page 4 of. 26 X08- 330 -910 Uniformity of interpretation. DISPOSITIONS OF' SECTIONS FORMERLY Conti MD IN THIS CHAPTER 308- 330 -121 Department. [Statutory Authority: RCW 46.90.010. 94 -01 -082, § 308 - 330 -121, filed 12/13/93, effective 7/1/94.] Repealed by 97 -10 -068, filed 5/5/97, effective 6/5/97. Statutory Authority: RCW 46.90.010. 308- 330 -123 Director. [Statutory Authority: RCW 46.90.010.94-01 -082, § 308- 330 -123, filed 12/13/93, effective 7/1/94.) Repealed by - 97-10-068, filed 5/5/97, effective 6 /5/97. Statutory Authority: RCW 46.90.010. 308 -330 -329 RCW sections adopted -- Rental car businesses. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308 -330 -329, filed 12/13/93, effective 7 /1/94.] Repealed by 97 -10 -068, filed 5/5/97, effective 6/5/97. Statutory Authority: RCW 46.90.010. . . 308- 330 -375 Disposition of abandoned junk motor vehicles. [Statutory Authority: RCW 46.90.010. 94 -01 -082, § 308- 330 -375, filed 12/13/93, effective 7/1/94.] Repealed by 97 -10 -068, filed 5/5/97, effective 6 /5/97. Statutory Authority: RCW 46.90.010. WAC 308- 330 -005 Purpose of this chapter. The purpose of this chapter is to encourage highway safety and uniform traffic laws by authorizing the department of licensing to adopt a comprehensive compilation of sound, uniform traffic laws to serve as a guide which local authorities may adopt by reference or any part thereof, including all future amendments or additions thereto. Any local authority which adopts this chapter by reference may at any time exclude any section or sections from this chapter which it does not desire to include in its local traffic ordinance. This chapter is not intended to deny any local authority its legislative power, but rather to enhance safe and efficient movement of traffic throughout the state by having current, uniform traffic laws available. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308 -330 -005, filed 12/13/93, effective 7/1/94.] VAC 308 - 330 -010 Amendments to this chapter automatically included. The addition of any new section to, or amendment or repeal of any section in, this chapter shall be deemed to arnend any city, town, or county ordinance which has adopted by reference to this chapter or any part thereof, and it shall not be necessary for the legislative'authority of any city, town, or county to take any action with respect to such addition, amendment, or repeal notwithstanding the provisions of RCW 35.21.180, 35A.12.140, 35A.13.180, and 36.32.120(7). [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308 - 330 -010, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 - 030 Uniformity in application. The provisions of this chapter relating to the operation of vehicles shall be applicable and uniform upon all persons operating vehicles upon the public highways of this state, except as otherwise specifically provided. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308 -330 -030, filed 12/13/93, effective 7/1/94.) WAC 308 - 330 -100 Chapter 46.04 RCW (Definitions) adopted by reference. All sections of chapter 46.04 RCW as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308- 330 -100, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -109 Bus. "Bus" means every motor vehicle designed for carrying more than ten passengers and used for transportation of persons, and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. [Statutory Authority: RCW 4690.010.94 -01 -082, § 308- 330 -109, filed 12/13/93, effective 7/1/94.] .http: / /www. leg. wa. gov /wac /index.cfm? fuseaction= chapter &chapter= 308 -3 3 0&.RequestTimeou... 2/26/2003 .WAC 308 -330 CHAPTER Page 5 of 26 WAC 308- 330 -112 Bus stop. "Bus stop" means a fixed portion of the highway parallel and adjacent to the curb to be reserved exclusively for buses for layover in operating schedules or while waiting for, loading, or unloading passengers: Provided, That such bus provides regularly scheduled service within the jurisdiction of the local authority. [Statutory Authority: RCW 46.90.010. 94 -01 -082, § 308- 330 -112, filed 12/13/93, effective 7/1194.] WAC 308- 330 -115 City. "City" means every incorporated city and town. [Statutory Authority: RCW 46 94 -01 -082, § 308 - 330 -115, filed 12/13/93, effective 7/1 /94.] WAC 308 - 330 -118 Demolish. "Demolish" means to destroy completely by use of a hydraulic baler and shears, or a shredder. [Statutory Authority: RCW 46.90.010. 94 -01 -082, § 308 -330 -118, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -127 Holidays. "Holidays" include the first day of January, commonly called New Year's Day; the third Monday in January, commonly called Martin Luther. King Jr. day; the third Monday of February, being celebrated as the anniversary of the birth of George Washington; the thirtieth day of May, commonly known as Memorial Day; the fourth day of: July, being the anniversary of the Declaration of Independence; the first Monday in September, to be known as Labor Day; the fourth Thursday in November, to be known as Thanksgiving Day; the twenty -fifth day of December, commonly called Christmas Day; and any other day specified by ordinance by the local authority to be a holiday. Whenever any holiday falls upon a Sunday, the following Monday shall be a holiday. [Statutory Authority: RCW 46.90.010. 94 -01 -082, § 308 -330 -127, filed 12/13193, effective 7/1/94.] WAC 308 - 330 -133 Loading zone. "Loading zone" means a space reserved for the exclusive use of vehicles during the loading or unloading of property or passengers. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308 - 330 -133, filed 12/13/93, effective 7/1/94.] WAC 308- 330 -136 Official time standard. "Official time standard" means, whenever certain hours are named, standard time or daylight saving time as may be in current use within the jurisdiction of the local authority. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308- 330 -136, filed 12/13/93, effective 7/1/94.] WAC 308 -330 -139 Ordinance. "Ordinance" means a city or town ordinance or a county ordinance or resolution. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308- 330 -139, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -142 Parking meter. "Parking meter" means any mechanical. device or meter placed or erected adjacent to a parking meter space, for the purpose of regulating or controlling the period of time of occupancy of such parking meter space by any vehicle. Each parking meter installed shall indicate by proper legend the legal parking time and when operated shall at all times indicate the balance, of legal parking time, and at the expiration of such period shall indicate illegal or overtime parking. Each meter shall bear a legend indicating the days and hours when the requirement to deposit coins therein shall apply, the value of the coins to be deposited, and the limited period of time for which parking is lawfully permitted in the parking meter space in which such meter is located. http: / /www. leg. w a. gov /w ac /ind ex. cfm ?fus eaction =chap ier &ch apter =3 08 -3 3 0 &R.eq ues tTim eo u ... 2/26/2003 -WAC 308 -330 CHAPTER Page 6 of 26 [Statutory Authority: RCW 46.90.010. 94 -01 -082, § 308- 330 -142, filed 12/13/93, effective 7/1/94.] WAC 308- 330 -145 Parking meter space. 'Parking meter space" means any space within a parking meter zone, adjacent to a parking meter and which is duly.designated for the parking of a single vehicle by appropriate markings on the pavement. and/or the curb. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308- 330 -145, filed 12/13/93, effective 7/1/94.1 WAC 308 - 330 -148 Parking meter zone. "Parldng meter zone" means any highway or part thereof or any off- street parking lot on which parking meters are installed and in operation. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308 - 330 -148, filed 12/13/93, effective 7/1/94.] WAC 308- 330 -151 Passenger loading zone. "Passenger loading zone" means a place reserved for the exclusive use of vehicles while receiving or discharging passengers. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308 - 330 -151, filed 12113/93, effective 7/1/94.] WAC 308- 330 -154 :Planting strip. "Planting strip" means that portion of a highway lying between the constructed curb, or edge of the roadway, and the property line exclusive of the sidewalk area. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308 -330 -154, filed 12/13/93, effective 7/1/94.] WAC 308 -330 -157 Police or police officer. "Police or police officer" includes, in addition to the meaning in RCW 46.04.391, the police officers of a city, a town, marshal, or the sheriff and his/her deputies of a county whichever is applicable, but when the term sheriff is used in this chapter, it shall only mean the sheriff. [Statutory Authority: RCW 4690.010.94 -23 -029, § 308- 330 -157, filed 11/8/94, effective 12/9/94; 94 -01 -082, § 308 -330 -157, filed 12/13/93, effective 7/1/94.] WAC 308- 330 -160 Police chief or chief of police. "Police chief or chief of police" includes the police chief or chief police officer of a city, a town marshal, or the sheriff of a county, whichever is applicable, but when the term sheriff is used in this chapter, it shall only mean the shefiff. [Statutory Authority: 12CW 46.90.010.94 -01 -082, § 308- 330 -160, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -163 Police department. "Police department" includes the police department of a city or town or the sheriffs office of a county whichever is applicable, but when the term sheriff is used in this chapter, it shall only mean the sheriff [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308 - 330 -163, filed 12/13/93, effective 7/1/94.] WAC 308 -330 -169 School bus zone. "School bus zone" means a designated portion of the highway along the curb reserved for loading and unloading school buses during designated hours. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308- 330 -169, filed 12/13/93, effective 7/1/94.] WAC 308- 330 -1.72. Service parking. "Service parking" means the use of a parking meter space while rendering service in cleaning, painting, *adjusting, or making minor repairs or replacements in or to buildings or building equipment or to public utilities. http://www.leg. a.govAvaciindex.c Fyn? fuseacti o n--ch apter&ch apter--308-330 &Req ues Crime° u 2/26/2003 WAC 308 -330 CHAPTER • Page 7 of 26 [Statutory Authority: RCW 4690.010. 94 -01 -082, § 308- 330 -172, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -175 Street. "Street" means a "city street." [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308 - 330 -175, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -178 Taxicab. "Taxicab" means a motor vehicle for hire used for the transportation of persons for compensation, and not operated exclusively over a fixed route or between fixed termini. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308- 330 -178, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -181 Taxicab stand. "Taxicab stand" means a fixed portion of a highway set aside for taxicabs to stand or wait for passengers. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308- 330 -181, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -184 . Tow truck operator. "Tow truck operator" means a person, firm, partnership, association, or corporation which, in its course of business, provides towing services for vehicles and automobile hulks. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308- 330 -184, filed 1.2/1 effective 7/1/94.] WAC 308 - 330 -187 Traffic division. "Traffic division" means the traffic division of the police department of the local authority, or in the event a traffic division is not established, then said term .whenever used in this chapter shall be deemed to refer to the police department of the local authority. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308 - 330 -187, filed 12/13/93, effective 7/1/94.] WA.0 308 330 - 190 U -turn. "U -turn" means turning a vehicle so as to proceed in the opposite direction on the same roadway._ [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308 - 330 -190, filed 12/13/93, effective 7/1/94.] WAC 308- 330 -195 RCW sections adopted -- Livestock. The following sections of the Revised Code of Washington (RCW) pertaining to livestock on highway right -of -way as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 16.24.065, and 16.24.070. [Statutory Authority: RCW 46.90.010. 94 -01 -082, § 308- 330 -195, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -197 RCW sections adopted -- Off -road and nonhighway vehicles. The following sections of the Revised Code of Washington (RCW) pertaining to off road and nonhighway vehicles as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.09.020, 46.09.040, 46.09.120, 46.09.130, 46.09.140, 46.09.180, and 46.09.190. [Statutory Authority: RCW 46.90.010. 97 -10 -068, § 308- 330 -197, filed 5/5/97, effective 6/5/97; 94 -23 -029, § 308- 330 -197, filed 11/8/94, effective 12/9/94; 94 -01 -082, § 308- 330 -197, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -200 RCW sections adopted -- Snowmobiles. The following sections of the Revised Code of Washington (RCW) pertaining to snowmobiles as now or hereafter amended are hereby adopted by http: / /www.leg.wa.gov /wac/ index. cfm ?fuseaction= chapter&chapter =3 08- 330&RequestTimeou... 2/26/2003 - WAC 308 -330 CHAPTER Page 8 of 26 reference as apart of this chapter in all respects as though such sections were set forth herein. in full: RCW 46.10.010, 46.10.020, 46.10.090, 46.10.100, 46.10.110, 46.10.120, 46.10.130, 46.10.140, and 46.10.190. [Statutory Authority: RCW 46.90,010. 97 -10 -068, § 308 -330 -200, filed 5/5/97, effective 6/5/97; 94 -01 -082, § 308- 330 -200, filed 12/13/93, effective 7/1/94.] WAC 308- 330 -205 Public employees to obey traffic regulations. The provisions of this chapter shall apply to the drivers of all vehicles owned or operated by the United States, the state, or any county, city, town, district, or any other political subdivision of the state, subject to such specific exceptions as are set forth in this chapter. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308 -330 -205, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -210. Police administration. There is established the police department of the local authority a traffic division to be under the control of a police officer appointed by, and directly responsible to, the chief of police. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308- 330 -210, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -215 Duty of traffic division. It shall be the duty of the traffic division with such aid as may be rendered by other members of the police department to enforce the traffic regulations of the local authority, to make arrests for traffic violations, to investigate accidents and to cooperate with the traffic engineer and other officers of the local authority in the administration of the traffic laws and in developing ways and means to improve traffic conditions, and to carry out those duties specially imposed upon the said division by this chapter and the traffic ordinances of the local authority. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308- 330 -215, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -220 Authority of police and fire department officials.. (1) Officers of the police department or such officers as are assigned by the chief of police are authorized to direct all traffic by voice, hand, or signal in conformance with law: Provided, That in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department may direct traffic as conditions may require notwithstanding the provisions of law. (2) Officers of the fire department, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in - the immediate vicinity. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308 -330 -220, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -225 Records of traffic violations. (1) The police department or the traffic division thereof shall keep a record of all violations of the traffic ordinances of the local authority or of the state motor vehicle laws of which any person has been charged, with the exception of illegal parking or standing violations, together with a record of the final disposition of all such alleged offenses. Such records shall be so maintained as to show all types of violations and the total of each. Such records shall accumulate during at least a five -year period, and from that time on the records shall be maintained complete for at least the most recent five -year period. (2) All forms for records of violations and notices of violations shall be serially numbered. For each month and year a written record of all such forms shall be kept. (3) Records and reports concerning a person shall be available upon request only to that particular person requesting such, record or report concerning himself, or the legal guardian thereof, the parent of a minor, or any authorized representative of such interested party, or the attorney or insurer thereof. http: / /www. leg. wa .gov /wac /index.cfm ?fuseaction= chapter& chapter = 308 - 330 &Req uestTimeo u... 2/26/2003 •WAC 308 -330 CHAPTER Page 9 of 26 [Statutory Authority: RCW 46.90.010. 94 -01 -082, § 308 - 330 -225, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -230 Traffic division to investigate accidents. It shall be the duty of the traffic division, assisted by other members of the police department, to investigate traffic accidents, to.arrest, and to assist in the prosecution of those persons charged with violations of law causing or contributing to such accidents: [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308 - 330 -230, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -235 Traffic accident studies. Whenever the accidents at any particular location become numerous, the traffic division shall cooperate with the traffic engineer in conducting studies of such accidents and in determining remedial measures. [Statutory Authority: RCW 46.90.010. 94 -01 -082, § 308 -330 -235, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -240 Traffic accident reports. The traffic division shall maintain a suitable system of filing traffic accident reports. Accident reports or cards referring to them shall be filed alphabetically by location. Such reports shall be available for the use and the information of the traffic engineer. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308 - 330 -240, filed 12/13/93, effective 7/1/94.] WAC 308- 330 -245 Traffic division to submit annual traffic safety report. The traffic division shall annually prepare a traffic report which shall be filed with the appointing authority of the local authority. . Such report shall contain information on traffic natters in the local authority as follows: (1) The number of traffic accidents, the number of persons lilted, the number of persons injured, and other pertinent traffic accident data; (2) The number of traffic accidents investigated and other pertinent data on the safety activities of the police; • . ' (3) The plans and recommendations of the division for future traffic safety activities. [Statutory Authority: RCW 46.90.010. 94 -01 -082, § 308- 330 -245, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -250 Police department to administer bicycle licenses. The police department or some other office or department designated by the local authority shall administer the bicycle license regulations required by this chapter. [Statutory Authority: RCW 46.90.010.94 - 01 - 082, § 308 - 330 - 250, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -255 Police department to regulate parking meters. The police department shall be responsible for the regulation, control, operation, and use of parking meters installed in all parking meter zones. [Statutory Authority: RCW 46.90.010. 94 -01 -082, § 308- 330 -255, filed 12/13/93, effective 7/1/94.] WAC 308- 330 -260 Traffic engineer. (1) The office of traffic engineer is established: Provided, That if there is no traffic engineer, then the engineer of the local authority shall serve as traffic engineer in addition to his/her other functions, and shall exercise the powers and duties with respect to traffic as provided in this chapter: Provided further, That if there is no engineer in the local authority, then the appointing authority shall designate a person to exercise such powers and duties. (2) It shall be the general duty of the traffic engineer to determine the installation and maintenance of traffic control devices, to conduct engineering analysis of traffic accidents and to devise remedial measures, to conduct engineering investigations of traffic conditions, to plan the operation of traffic on the highways of http: / /www.leg.wa .gov /wac /index.cfm ?fuseaction= chapter&chapter =308- 330 &RequestTimeou... 2/26/2003* •VAC 308 -330 CHAPTER Page 10 of 26 the local authority, to cooperate with other officials in the development of ways and means to improve traffic conditions, and to carry out the additional powers and duties imposed by any ordinances of the local authority. [Statutory Authority: RCW 46.90.010 :94 -01 -082, § 308- 330 -260, filed 12/13/93, effective 7/1/941 WAC 308 - 330 -265 Traffic engineer -- Authority. The traffic engineer is authorized: (1) To place and maintain official traffic control devices when and as required under the traffic ordinances or resolutions of the local authority to make effective the provisions of said ordinances or resolutions, and may place and maintain such additional official traffic control devices as he /she may deem necessary to regulate, warn, or guide traffic under the traffic ordinances or resolutions of the local authority; (2) To place and maintain official traffic control devices as he/she may deem necessary to regulate, warn, or guide traffic for construction, detours, emergencies, and special conditions; (3) To designate and maintain, by appropriate devices, marks, or lines upon the surface of the roadway, crosswalks at intersections where in his/her opinion there is particular danger to pedestrians crossing the roadway, and in such other places as he /she may deem necessary; (4) To establish safety zones of such kind and character and at such places as he/she may deem necessary for the protection ofpedestrians; (5) To mark traffic lanes upon the roadway of any highway where a regular alignment of traffic is necessary; (6) To regulate the timing of traffic signals so as to permit the movement of traffic in an orderly and safe manner; (7) To place official traffic control devices within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections, in accordance with the provisions of this chapter, and such course to be traveled as so indicated may conform to or be other than as prescribed.by law; (8) To determine those intersections at which drivers of vehicles shall not make a right, left, or U -turn, and shall place proper signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or they may he removed when such turns are permitted; (9) To erect and maintain stop signs, yield signs, or other official traffic control devices to designate arterial highways or to designate intersection or other roadway junctions at which vehicular traffic on one or more of the roadways shall yield or stop and yield before entering the intersection or junction, except as provided in RCW 46.61.195; (10) To issue special permits to.authorize the backing of a vehicle to the curb for the purpose of loading or unloading property subject to the terms and of such permit. Such permits may be issued either to the owner or lessee of real property alongside the curb or to the owner of the vehicle and shall grant to such person the privilege as therein stated and authorized by this section; (11) To erect signs indicating no parking upon both sides of a highway•when the width of the improved roadway does not exceed twenty feet, or upon one side of a highway as indicated by such signs when the width of the improved roadway is between twenty and twenty -eight feet; (l 2) To determine when standing or parking may be permitted upon the left-hand side of any roadway when the highway includes two or more separate roadways and traffic is restricted to one direction upon any • such roadway and to erect signs giving notice thereof; (13) To determine and designate by proper signs places not exceeding one hundred feet in lengthin which the stopping, standing, or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic; (14) To determine the location of loading zones, passenger loading zones, and tow -away zones and shall place and maintain appropriate signs or curb markings supplemented with the appropriate words stenciled on the curb indicating the same and stating the hours during which the provisions of this chapter are applicable; (15) To establish bus stops, bus stands, taxicab stands, and stands for other for hire vehicles on such highways in such places and in such number as he/she shall determine to be of the greatest benefit and http : / /www. leg.w a. gov /wac /index. c fm ?fit seacti on= chapter &chapter =3 0 8 -3 3 0 &Req u es tTimeou... 2/26/2003 .WAC 308 -330 CHAPTER Page 11 of 26 convenience to the public, and every such bus stop, bus stand, taxicab stand, or other stand shall be designated by appropriate signs or by curb markings supplemented with the appropriate words stenciled on the curb; (16) To erect and maintain official traffic control devices. on any highway or part thereof to impose gross weight limits on the basis of an engineering and traffic investigation; (17) To erect and maintain official traffic control devices on any highway or part thereof to prohibit the operation of trucks exceeding ten thousand pounds gross weight on the basis of an engineering and traffic investigation: Provided, That such devices shall not prohibit necessary local operation on such highways for the purpose of making a pickup or delivery; (18) To erect and maintain official traffic control devices on any highway or part thereof to impose vehicle size restrictions on the basis of an engineering and traffic investigation; (19) To determine and designate those heavily traveled highways upon which shall be prohibited any .class or kind of traffic which is found to be incompatible with the normal and safe movement of traffic on the basis of an engineering and traffic investigation and shall erect appropriate official traffic control devices giving notice thereof,; (20) To install parking meters in the established parking meter zones upon the curb adjacent to each designated parking space; (21) To designate the parking space adjacent to each parking meter for which such meter is 10 be used by appropriate markings upon the curb and/or the pavement of the highway; (22) To post appropriate signs making it unlawful for pedestrians to cross highways in certain crosswalks when such crossing would endanger either pedestrian or vehicular traffic using the highway; (23) To test new or proposed traffic control devices under actual conditions of traffic. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308 -330 -265, filed 12/13/93, effective 7 /1/94.] WAC 308- 330 -270 Local authority — Authority. After an engineering and traffic investigation by the traffic engineer, the local authority may by resolution: (1) Decrease maximum speed lunits pursuant to RCW 46.61.415; (2) Increase maximum speed limits pursuant to RCW 46.61.415; (3) Determine and declare the maximum speed limits on arterial highways pursuant to RCW 46.61.415; (4) Determine and declare upon what highways angle parking shall be permitted pursuant to RCW 46.61.575(3); (5) Prohibit, regulate, or limit, stopping, standing, or parking of vehicles on any highway at all times or during such times as shall be indicated by official traffic control devices; (6) Determine and declare parking meter zones upon those highways or parts thereof where the installation of parking meters will be necessary to regulate parking; (7) Close any highway or part thereof temporarily to any or all traffic; (8) Determine and declare one -way highways pursuant to RCW 46.61.135; (9) Determine and declare arterial highways pursuant to RCW 46.61.1 95 and 46.61.435. [Statutory Authority: RCW 46.90.010. 94 -01 -032, § 308- 330 -270, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -275 Traffic safety commission -- Powers and duties. (1•) There is established a traffic • safety commission to serve without compensation, consisting of the traffic engineer, the chief of police, or, in his/her discretion as his/her representative, the chief of the traffic division or other cognizant member of the police department, one representative each from the engineer's office and the attorney's office, and such number of other officers of the local authority and representatives of unofficial bodies as may be determined and appointed by the appointing authority of the local authority. The chair of the commission shall be appointed by such appointing authority and may be removed by such authority. (2) It shall be the duty of the traffic safety commission, and to this end it shall have authority within the limits of the funds at its disposal, to coordinate traffic activities, to supervise the preparation and publication http: / /www. leg. wa .gov /wac /index.cfm ?fuseaction= chapter &chapter =308- 330 &RequestTimeou... • 2/26/2003 •WAC 308 -330 CHAPTER Page 12 of 26- . of traffic reports, to receive complaints having to do with traffic matters, and to recommend to the legislative body of the local authority and to the traffic engineer, the chief of the traffic division, and other officials, ways and means for improving traffic conditions and the administration and enforcement of traffic . regulations. [Statutory Authority: RCW 4690.010.94 -01 -082, § 308 -330 -275, filed 12/13/93, effective 7/1/94.] WAC 308 -330 -300 RCW sections adopted -- Certificates of ownership and registrations. The following sections of the Revised Code of Washington (RCW) pertaining to vehicle certificates of ownership and registrations as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 4612.005, 46.12.070, 46.12.080, 46.12.101, 46.12.102, 46.12.103, 46.12.160, 46.12.210, 46.12.215, 46.12.220, 46.12.250, 46.12.260, 46.12.270 „46.12.300, 46.12.310, 46.12.320, 46.12.330, 46.12.340, 46.12.350, and 46.12.380. [Statutory Authority: RCW 46.90.010.99 -04 -070, § 308- 330 -300, filed 2/1199, effective 3/4/99; 97 -10 -068, § 308 - 330 -300, filed 5/5/97, effective 6/5/97; 96 -13 -089, § 308- 330 -300, filed 6/19/96, effective 7/20/96; 95 -23 -042, § 308 -330 -300, filed 1 effective 12/14/95; 94- 23 -029, § 308 - 330 -300, filed 11/8/94, effective 12/9/94; 94-01 -082, § 308 -330 -300, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -305 RCW sections adopted -- Vehicle licenses. The following sections of the Revised Code of Washington (RCW) pertaining to vehicle licenses as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.16.010, 46.16.011, 46.16.022, 46.1 46.16.025, 46.16.028, 46.16.030, 46.16.048, 46.16.068, 46.16.088, 46.16.090, 46.16.135, 46.16.140, 46.16.145, 46.16.160, 46.16.180, 46.16.240, 46.16.260, 46.16.290, 46.16.307, 46.16.316, 46.16.350, 46.16.381, 46.16.390, 46.16.500, 46.16.505, 46.16.560, 46.16.585, 46.16.595, 46.16.630, 46.16.640, and 46.16.680. [Statutory Authority: RCW 46.90.010.02 -04 -075, § 308- 330 -305, filed 2/1102, effective 3/4/02; 97 -10 -068, § 308- 330 -305, filed 5/5/97, effective 6/5/97; 96 -13 -089, § 308- 330 -305, filed 6/19/96, effective 7/20/96; 95 -23 -042, § 308 - 330 -305, filed 11/13/95, effective 12/14/95; 94- 01 -082, § 308- 330 -305, filed 12/13/93, effective 7 /1/94.] WAC 308 -330 -307 RCW sections adopted -- Driver licenses and identicards. The following sections of the Revised Code of Washington (RCW) pertaining to driver licenses and identification cards as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.20.001, 46.20.005, 46.20.015, 46.20.017, 46.20.021, 46.20.022, 46.20.024, 46.20.025, 46.20.027, 46.20.031, 46.20.041, 46.20.045, 46.20.055, 46.20.070, 46.20.075, 46.20.0921, 46.20.109, 46.20.220, 46.20.308, 46.20.3101, 46.20.338, 46.20.342, 46.20.345, 46.20.349, 46.20.391, 46.20.394, 46.20.410, 46.20.500, 46.20.510, 46.20.720, 46.20.740, and 46.20.750. [Statutory Authority: RCW 46.90.010.02 -04 -075, § 308- 330 -307, filed 2/1/02, effective 3/4/02; 00 -18 -067, § 308- 330 -307, filed 9 /1 /00, effective 10/2/00; 99 -04 -070, § 308- 330 -307, filed 2/1/99, effective 3/4/99. Statutory Authority: RCW 46.90.010 and 1997 c 66 and c 229.97 -16 -041, § 308 -330 -307, filed 7/31/97, effective 8/31/97. Statutory Authority: RCW 46.90.010.97 -10 -068, § 308 - 330 -307, filed 5/5/97, effective 6/5/97; 96 -13 -089, § 308 - 330 -307, filed 6/19196, effective 7/20/96; 95- 23.042, § 308 -330 -307, filed 11/13/95, effective 12/14/95; 94 -23 -029, § 308 - 330 -307, filed 11/8/94, effective 12/9/94; 94 -01 -082, § 308 -330 -307, filed 12/13/93, effective 7/1/94.] WAC 308- 330 -309 RCW sections adopted -- 'Uniform Commercial Driver's License Act. The following sections of the Revised Code of Washington (RCW) pertaining to the Uniform Commercial • Driver's License Act as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.25.010, 46.25.020, 46.25.030, 46.25.040, 46.25.050, 46.25.110, 46.25.120, and 46.25.170. [Statutory Authority: RCW 46.90.010. 94 -01 -082, § 308- 330 -309, filed 12/13/93, effective 7/1/94.] http: / /www:leg.wa. gov /wac /index.c fm? fuseaction= chapter & chapte = 308 -3 30&RequestTimeou... 2/26/2003 WAC 308 -330 CHAPTER Page 13 of 26 WAC 308- 330 -310 R.CW sections adopted - Financial responsibility. The following section of the Revised Code of Washington (RCW) pertaining to financial responsibility as now or hereafter amended is hereby adopted by reference as a part of this chapter in all respects as though such section were set forth herein in full: RCW 46.29.605. [Statutory Authority: RCW 46.90.010. 94 -01 -082, § 308 -330 -310, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -312 RCW sections adopted - Mandatory Iability insurance. The following sections of the Revised Code of Washington (RCW) pertaining to mandatory liability insurance as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as through such sections were set forth herein in full: RCW 46.30.010, 46.30.020, 46.30.030, and 46.30.040. [Statutory Authority: RCW, 46.90.010. 94-01 -082, § 308 - 330 -312, filed 12/13/93, effective 7 /1/94.] WAC 308 - 330 -314 RCW sections adopted - Vehicle inspection. The following sections of the Revised Code of Washington (R.CW) pertaining to vehicle inspection as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.32.060 and 46.32.070. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308- 330 -314, filed 12/13/93, effective 7 /1/94.] WAC 308- 330 -316 RCW sections adopted - Vehicle lighting and other equipment. The following sections of the Revised Code of Washington (R.CW) pertaining to vehicle lighting and other equipment as now or hereafter amended are hereby adopted-by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.37.010, 46.37.020, 46.37.030, 46.37.040, 46.37.050, 46.37.060, 46.37.070, 46.37.080, 46.37.090, 4637.100, 46.37.110, 46.37.120, 46.37.130, 46.37.140, 46.37.150, 46.37.160, 46.37.170, 46.37.180, 46.37.184, 46.37.185, 46.37.186, 46.37.187, 46.37.188, 46.37.190, 46.37.193, 46.37.196, 46.37.200, 46.37.210, 46.37.215, 46.37.220, 46.37.230, 46.37.240, 46.37.260, 46.37.270, 46.37.280, 46.37.290, 46.37.300, 46.37.310, 46.37.340, 46.37.351, 46.37.360, 46.37.365, 46.37.369, 46.37.375, 46.37.380, 46.37.390, 46.37.400, 46.37.410, 46.37.420, 46.37.4215, 46.37.4216, 46.37.423, 46.37.424, 46.37.425, 46.37.430, 46.37.435, 46.37.440, 46.37.450, 46.37.465, 46.37.467, 46.37.470, 46.37.480, 46.37.490, 46.37.495, 46.37.500, 46.37.510, 46.37.513, 46.37.517, 46.37.518, 46.37.520, 46.37.522, 46.37.523, 46.37.524, 46.37.525, 46.37.527, 46.37.528, 46.37.529, 46.37.530, 46.37.535, 46.37.537, 46.37.539, 46.37.540, 46.37.550, 46.37.560, 46.37.570, 46.37.590, 46.37.600, 46.37.610, 46.37.620, and 46.37.630. [Statutory Authority: RCW 46.90.010.00 -18 -067, § 308 - 330 -316, filed 9 /1 /00, effective 10/2/00; 97- 10 -068, § 308- 330 -316, filed 5/5/97, effective 6/5/97; 96-13 -089, § 308 - 330 -316, filed 6/19/96, effective 7/20/96; 95 -23 -042, § 308- 330 -316, filed 11/I3/95, effective 12/14/95; 94 -01 -082, § 308- 330 -316, filed 12/13/93, effective 7 /1/94.] WAC 308 - 330 -320 RCW sections adopted - Size, weight, load. The following sections of the Revised Code-of Washington (RCI,V) pertaining to vehicle size, weight, and load as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth .herein in full: RCW 46.44.010, 46.44.015, 46.44.020, 46.44.030, 46.44.034, 46.44.036, 46.44.037, 46.44.041, 46.44.042, 46.44.043, 46.44.047, 46.44.050, 46.44.060, 46.44.070, 46.44.090, 46.44.091, 46.44.092, 46.44.093, 46.44.095, 46.44.096, 46.44.105, 46.44.120, 46.44.130, 46.44.140, 46.44.170, 46.44.173, 46.44.175, 46.44.180, and section 3, chapter 262, Laws of 2001. [Statutory Authority: RCW 46.90.010. 02 -04 -075, § 308- 330 -320, filed 2/1/02, effective 3/4/02; 94 - 23 -029, § 308 - 330 -320, filed 11/8/94, effective 12/9/94; 94 -01 -082, § 308- 330 -320, filed 12/13/93, effective 7/1/94.] WAC 308 -330 -322 RCW sections adopted -- Transportation of hazardous materials. The following httn: / /wi v. leg. wa .aov /wac /index.cfm ?fuseaction= chapter &chapter= 308- 330&RequestTimeou... 2 /26/2003 .WAC 308 -330 CHAPTER Page 14 of 26 section of the Revised Code of Washington (RCW) and Washington A.dmuustrative Code (WAC) pertaining to transportation of hazardous materials as now or hereafter amended is hereby adopted by reference as a part of this chapter in all respects as though such section were set forth herein in full: RCW 46.48.170, 46.48.175 and 46.48.185 and chapter 446 -50 WAC. [Statutory Authority: RCW 46.90.010. 97 -10 -068, § 308 -330 -322, filed 5/5/97, effective 6/5/97; 94 -01 -082, § 308- 330 -322, filed 12/13/93, effective 7/1/94.] WAC 308- 330 -325 RCW sections adopted -- Accidents, reports. The following sections of the Revised Code of Washington (RCW) pertaining to accidents and accident reports as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.52.010, 46.52.020, 46.52.030, 46.52.040, 46.52.070, 46.52.080, 46.52.088, 46.52:090, and 46.52.101. [Statutory Authority: RCW 46.90.010.00 -18 -067, § 308 -330 -325, filed 9/1/00, effective 10/2/00; 94 -01 -082, § 308- 330 -325, filed 12/13/93, effective 7/1/94.] WAC 308 -330 -327 RCW sections adopted -- Hulk haulers and scrap processors. The following sections of the Revised Code of Washington (RCW) pertaining to hulk haulers and scrap processors as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.79.010 and 46.79.120. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308- 330 -327, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -330 RCW sections adopted -- Motor vehicle wreckers. The following section[s] of the Revised Code of Washington (RCA) pertaining to motor vehicle wreckers as now or hereafter amended is [are] hereby adopted by reference as a part of this chapter in all respects as though such section[s] were set forth herein in full: RCW 46.80.010 and 46.80.060. [Statutory Authority: RCW 46.90.010. 95 -23 -042, § 308- 330 -330, filed 11/13/95, effective 12/14/95; 94 -01 -082, § 308 - 330 -330, filed 12/13/93, effective 7 /1/94.] WAC 308- 330 -360 Owner of record presumed liable for costs when vehicle abandoned -- . Exception. (1) The abandonment of any vehicle or automobile hulk shall constitute a prima facie presumption that the last owner of record is responsible for such abandonment and thus liable for any costs incurred in removing, storing, and disposing of any abandoned vehicle. . (2) A registered owner transferring a vehicle shall be relieved from personal liability under this section if - within five days of the transfer he/she transmits to the department a seller's report of sale on a form prescribed by the director. [Statutory Authority: RCW 46.90.010. 94 -01 -082, § 308- 330 -360, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -365 Contract with registered disposer to dispose of vehicles and hulks — Compliance required. (1) The local authority may contract with any tow truck operator who is engaged in removing and storing of vehicles and who is registered as a registered disposer by the department for the purpose of disposing of certain automobile hulks, abandoned junk motor vehicles, and abandoned vehicles. (2) Any registered disposer under contract to the local authority for the removing and storing of vehicles or hulks shall comply with.the administrative regulations relative to the handling and disposing of vehicles or hulks as may be promulgated by the local authority or the director. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308- 330 -365, filed 12/13/93, effective 7/1/94.] http: / /www.leg.wa.gov /vac /index.cfm ?fuseaction= chapter &chapter= 308 - 330 &Request fimeou... 2/26 /2003 WA.0 308 -330 CHAPTER Page 15 of WAC 308 -330 -370 Stolen and abandoned vehicles -- Reports of - Recovery, report required, penalty -- Disposition. It shall be the duty of, the chief of police to report immediately to the chief of the Washington state patrol all motor vehicles reported to them as stolen or recovered, upon forms to be provided by the chief of the Washington state patrol. In the event that any motor vehicle reported as stolen has been recovered, failure of the person so reporting the same as stolen to report the recovery thereof to the chief of police to whom such motor vehicle was reported as stolen is a traffic infraction. It shall be the duty of the chief of police to report to the chief of the Washington state patrol all vehicles or automobile hulks found abandoned on a highway or at any other place and the same shall, at the direction of a I.aw enforcement officer, be placed in the custody of a tow truck operator registered pursuant to chapter 46.55 RCW. [Statutory Authority: RCW 46.90.010.97 -10 -068, § 308- 330 -370, filed 5/5/97, effective 6/5/97; 94-01 -082, § 308 -330 -370, filed 12/13/93, effective 7/1194.] WAC 308- 330 -400 Provisions of chapter refer to vehicles upon highway - Exception. The provisions of this chapter relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except: (1) Where a different place is specifically referred to in a given section; (2) The provisions of R.CW 46.52.010, 46.52.020, 46.52.030, 46.52.070, 46.52.080, 46.52.090, and 46.61.500 through 46.61.530 shall apply upon highways and elsewhere throughout the jurisdiction of the local authority. [Statutory Authority: RCW 46.90.010. 97 -10 -068, § 308- 330 -400, filed 5/5/97, effective 6/5/97; 96 -13 -089, § 308- 330 -400, filed 6/19/96, effective 7/20/96; 94 -23 -029, § 308 - 330 -400, filed 11/8/94, effective 12/9/94; 94 -01 -082, § 308- 330 -400, filed 12/13/93, effective 7/1/94.] WAC 308 -330 -403 Required obedience to traffic ordinance. It is unlawful for any person to do any act forbidden or fail to perform any act required by this chapter. [Statutory Authority: RCW 46.90.010. 94 -01 -082, § 308 - 330 -403, fled 12/13/93, effective 7/1/94.] WAC 308- 330 -406 RCW sections adopted - Abandoned, unauthorized, and junk vehicle tow truck operators. The following sections of the Revised Code of Washington (RCW) pertaining to abandoned, unauthorized, and junk vehicle tow truck operators as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.55.010, 46.55.020, 46.55.025, 46.55.035, 46.55.037, 46.55.040, 46.55.050, 46.55.060, 46.55.063, 46.55.070, 46.55.075, 46.55.080, 46.55.085, 46.55.090, 46.55.100, 46.55.105, 46.55.110, 46.55.113, 46.55.120, 46.55.130, 46.55.140, 46.55.150, 46.55.160, 46.55.170, 46.55.230, and 46.55.240. [Statutory Authority: RCW 46.90.010.00 -18 -067, § 308 -330 -406, filed 9/1/00, effective 10 /2/00; 97 -10 -068, § 308 - 330 -406, filed 5/5/97, effective 6/5/97; 95 -23 -042, § 308- 330 -406, filed 11/13/95, effective 12/14/95; 94 -01 -082, § 308- 330 -406, filed 12/13/93, effective 7/1/94.] WAC 308- 330 -408 RCW sections adopted -- Traffic laws, signs, signals, markings. The following sections of the Revised Code of Washington (R.CW) pertaining to obedience to and effect of traffic laws, traffic signs, signals and markings as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.005, 46.61.015, 46.61.020, 46.61.021, 46.61.022, 46.61.024, 46.61.025, 46.61.030, 46.61.035, 46.61.050, 46.61.055, 46.61.060, 46.61.065, 46.61.070, 46.61.072, 46.61.075, 46.61.080, and 46.61.085. [Statutory Authority: RCW 46.90.010.97 -10 -068, § 308 -330 -408, filed 5/5/97, effective 6/5/97; 94 -01 -082, § 308- 330 -408, filed h ttio ://www.leg.wa.gov/wa.c/i rldex. cfm ?fuseaction chapter &chapter= 308- 330&.RequestTimeou... 2/26/2003 - WAC 308 -330 CHAPTER Page 16 of 26 12/13/93, effective 7/1/94.] WAC 308 - 330 -409 Traffic control devices required -- Stopping, standing, and parking. No prohibition, regulation, or limitation relating to stopping, standing, or parting imposed under this chapter or any ordinance of the local authority for which traffic control devices are required shall be effective unless official traffic control devices are erected and in place at the time of any alleged offense. [Statutory Authority: RCW 46.90.010.94 - 01 - 082, § 308 330 - 409, filed 12/13/93, effective 7/1/94.) WAC. 308 - 330 -412 Crossing new pavement and markings. No person shall ride or drive any animal, bicycle, or vehicle, across any newly made pavement or freshly applied markings on any highway when a sign, cone marker, or other warning device is in place warning persons not to drive across such pavement or marking. [Statutory Authority: RCW 46.90.010.94 - 01 - 082, § 308 - 330 - 412, filed 12/13/93, effective 7/1/94.] WAC 308- 330 -415 RCW sections adopted - Right of way. The following sections of the Revised Code of. Washington (RCW) pertaining to vehicles and pedestrians use of roadways, right of way, rights and duties as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein i.n fu.l.l: RCW 46.61.1.00, 46.61.105, 46.61.110, 46.61.115, 46.61.120, 46.61.125, 46.61.130, 46.61.135, 46.61.140, 46.61. 145, 46.61.150, 46.61.155, 46.61.160, 46.61.165, 46.61.180, 46.61.183, 46.61.185, 46.61.190, 46.61.195, 46.61.200, 46.61.202, 46.61.205, 46.61.21.0, 46.61.21.5, 46.61.220, 46.61.230, 46.61.235,46.61.240, 46.61.245, 46.61.250, 46.61.255., 46.61.260, 46.61.261, 46.61.264, 46.61.266, and 46.61.269. [Statutory Authority: RCW 46.90.010.00 -18 -067, § 308- 330 -415, filed 9/1/00, effective 10/2/00; 97 -10 -068, § 308 -330 -415, filed 5/5/97, effective 615/97; 94 -01 -082, § 308- 330- 415,.filcd 12/13/93, effective 7/1/94.] WAC 308 - 330 -421 RCW sections adopted -- Turning, starting and stopping. The following sections of the Revised Code of Washington (RCW) pertaining to turning, starting, signals on stopping and turning, and special stops as now or hereafter amended are hereby adopted by reference as .a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.290, 46.61.295, 46.61.300, 46.61.305, 46.61.310, 46.61.315, 46.61.340, 46.61.345, 46.61.350, 46.61.355, 46.61.365, 46.61.370, 46.61.371, 46.61.372, 46.61.375, 46.61.380, and 46.61.385. [Statutory Authority: RCW 46.90.010.00 -18 -067, § 308- 330 -421, filed 9 /1 /00, effective 10/2/00; 97 -10 -068, § 308 - 330 -421, filed 5/5/97, effective 6/5/97; 94 -01 -082, § 308 - 330 -421, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -423 RCW sections adopted -- Speed restrictions. The following sections of the Revised Code of Washington (RCW) pertaining to speed restrictions as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.400, 46.61.415, 46.61.425, 46.61.427, 46.61.428, 46.61.435, 46.61.440, 46.61.445, 46.61.450, 46.61 .455, 46.61.460, 46.61.465, and 46.61.470. [Statutory Authority: RCW 00 -18 -067, § 308 - 330 -423, filed 9 /1 /00, effective 10 /2 /00; 94 -01 -082, § 308 -330 -423, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -425 RCW sections adopted -- Reckless driving, vehicular homicide and assault. The . following sections of the Revised Code of Washington (RCW) pertaining to reckless driving, driving while under the influence of intoxicating liquor or any drug, vehicular homicide and assault as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.500, 46.61.502, 46.61.503, 46.61.504, 46.61.5054, 46.61.5055, httn: / /www. lea. wa. Qov /wac /index.cfm ?fuseacti on= chanter &chapter =3 08 -3 30&Rega es tTimeou... 2/26/2003 - WAC 308 -330 CHAPTER P age 17 of 26 46.61.50571, 46.61.5058, 46.61.506, 46.61.513, 46.61.517, 46.61.519, 46.61.5191, 46.61.5195, 46.61.5249, 46.61.525, 46.61.527, 46.61.530, 46.61.535, and 46.61.540. [Statutory Authority: RCW 46.90.010. 99 -04 -070, § 308- 330 -425, filed 2/1/99, effective 3/4/99. Statutory Authority: RCW 46.90.010 and 1997 c 66 and c 229. 97 -16 -041, § 308 -330 -425, filed 7/31/97, effective 8/31/97. Statutory Authority: RCW 46.90.010.97 -10 -068, § 308 :330 -425, filed 5/5197, effective 6/5/97; 95 -23 -042, § 308- 330 -425, filed 11/13/95, effective 12/14/95; 94-23 -029, § 308 - 330 -425, filed 11/8/94, effective 12/9/94; 94-01 -082, § 308- 330 -425, filed 12/13/93, effective 7/1/94.] WAC 308- 330 -430 Obedience to angle- parking signs or markings. Upon those highways which have been signed or narked for angle- parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308- 330 -430, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -433 Parking not to obstruct traffic. (1) No person shall park a vehicle upon a highway in such a manner or under such conditions as to leave available less than ten feet of the width . of the roadway for free movement of vehicular traffic. (2) No person shall stop, stand, or park a vehicle within an alley in such position as to block the driveway entrance to any abutting property. [Statutory Authority: R.CW 46.90.010.94 -01 -082, § 308 - 330 -433, filed 12/13/93, effective 7/1/94.] WA.0 308 -330 -436 Parking for certain purposes unlawful. (1) No person shall park any vehicle upon any highway for the principle purpose of: (a) Displaying advertising; (b) Displaying such vehicle for sale; (c) Selling merchandise from such vehicle, except when authorized. (2) No person shall park any vehicle upon any roadway for the principle purpose of washing, greasing, or repairing such vehicle except repairs necessitated by an emergency. [Statutory Authority: RCW 46.90.010. 97 -10 -068, § 308 - 330 -436, filed 5/5/97, effective 6/5/97; 94 -01 -082, § 308- 330 -436, filed 12/13/93, effective 7/1/94.] WAC 308- 330 -439 Standing in passenger loading zone. No person shall stop, stand, or park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers in any place marked as a passenger loading zone during hours when the regulations applicable to the loading zone are effective, and then only fora period not to exceed three minutes. [Statutory Authority: RCW 46.90.010. 94-01 -082, § 308 -330 -439, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -442 Standing in loading zone. (1) No person shall stop, stand, or park a vehicle for any .purpose or period of time other than for the expeditious unloading and delivery or pickup and loading of property in any place marked as a loading zone during hours when the provisions applicable to such zone are in effect. In no case shall the stop for loading and unloading of property exceed thirty minutes. (2) The driver of a vehicle may stop temporarily at a loading zone for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any vehicle which is waiting to enter or about to enter such zone to load or unload property. [Statutory Authority: RCW 46.90.010. 94-01 -082, § 308 - 330 -442, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -445 Standing in a tow -away zone. No person shall stop, stand, or park a vehicle in a place marked as a tow -away zone during hours when the provisions applicable to such zone are in effect. httn: / /www_l ea.wa. eov /wac /i ndex.cfm ?fuseaction= chanter &chanter= 308 - 330 &ReauestTimeou... 2/26/2003 -WAC 308 -330 CHAPTER Page 1.8 of 26 [Statutory Authority: RCW 46.90.010. 94 -01 -082, § 308- 330 -445, filed 12/13/93, effective 7/1/94.] WAC 308- 330 -448 Violating permits for loading or unloading at an angle to the curb. It shall be unlawful for any permittee or other person to violate any of the special terms or conditions of any permit issued by the traffic engineer for the backing of a vehicle to the curb for the purpose of loading or unloading property. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308 - 330 -448, filed 12/13/93, effective 7/1/94.] WAC 308- 330 -451 Standing or parking on_one -way roadways. In the event a highway includes two or more separate roadways, no person shall stand or park a vehicle upon the left-hand side of such one -way roadway unless signs are erected to permit such standing or parking. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308- 330 -451, filed 12/13/93, effective 7/1/94.] WAC 330 -454 Stopping, standing, and parking of buses and taxicabs regulated. (1) The operator ofa bus shall not stop, stand, or park such vehicle upon any highway at any place other than a designated bus stop. This provision shall not prevent the operator ofa bus from temporarily stopping in accordance with other stopping, standing, .or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers or their baggage. (2) The operator of a bus shall enter a bus stop or passenger loading zone on a highway in such a manner that the bus when stopped to load or unload passengers or baggage shall be in a position with. the right front wheel of such vehicle not farther than eighteen inches from the curb and the bus approximately parallel to the curb so as not to unduly impede the movement of other vehicular traffic. . (3) The operator ofa taxicab shall not stop, stand, or park such vehicle upon any highway at any place other than in a designated taxicab stand. This provision shall not prevent the operator of a taxicab from temporarily stopping in . accordance with other stopping, standing, or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers. [Statutory Authority: RCW 46.90.010. 95 -23 -042, § 308 - 330 -454, filed 11/13/95, effective 12/14/95; 94 -01 -082, § 308 - 330 -454, filed 12/13/93, effective 7/1/94.] WAC 308- 330 -457. Restricted use of bus stops and taxicab stands. No person shall stop, stand, or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand when any such stop or stand has been officially designated and appropriately signed, except the driver of a passenger vehicle may temporarily stop there for the purpose of or while actually engaged in, loading or unloading passengers when such stopping does not interfere with any bus, or taxicab waiting to enter or about to enter such stop or stand. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308- 330 -457, filed 12/13/93, effective 7/1/94.] WAC 308- 330 -460 Right of way for parking. The driver of any vehicle who first begins driving or maneuvering his/her vehicle into a vacant parking space shall have a prior right of way to park in such place, and it shall be unlawful for another driver to attempt to deprive him/her thereof by blocking his/her access or otherwise. For the purpose of establishing right of way in this section it shall be considered proper to back into any but a front -in angle parking space. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308 -330 -460, filed 12/13/93, effective 7 /1/94.] WAC 308 - 330 -462 RCW sections adopted -- Stopping, standing, and parking. The following sections of the Revised Code of Washington (RCW) pertaining to vehicle stopping, standing, and parking as now or httn: / /wtiv<v. lee. wa .gov /wac /index.cfm ?fvseaction= chapter &chapter =308- 330 &RequestTi.meou...• 2/26/2003 -WAC 308 -330 CHAPTER Page 19 of 26 hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.560, 46.61.570, 46.61.575, 46.61.581, 46.61.582, 46.61.583, 46.61.585, 46.61.587, and 46.61.590. [Statutory Authority: RCW 46.90.010. 97 -10 -068, § 308- 330 -462, filed 5/5/97, effective 6/5/97; 94 -01 -082, § 308 - 330 -462, fled 12/13/93, effective 7/1/94.] WAC 308 - 330 -464 RCW sections adopted — Operation and restrictions. The following sections of the Revised Code of Washington (RCW) pertaining to the operation of vehicles and the restriction of certain acts and practices of vehicle operators and passengers as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.600, 46.61.605, 46.61.606, 46.61.608, 46.61.610, 46.61.611, 46.61.612, 46.61.614, 46.61.615, 46.61.620, 46.61.625, 46.61.630, 46.61.635, 46.61.640, 46.61.645, 46.61.655, 46.61.660, 46:61.665, 46.61.670, 46.61.675, 46.61.680,- 46.61.685, 46.61.687, 46.61.688, 46.61.690, 46.61.700, 46.61.710, 46.61.720, 46.61.730, and section 1, chapter 325, Laws of 2001,. [Statutory Authority: RCW 46.90.010.02 -04 -075, § 308- 330 -464, filed 2/1/02, effective 3/4/02; 94-01 -082, § 308 - 330 -464, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -466 Funeral processions. (1) A funeral procession shall proceed to the place of interment by the most direct route which is both legal and practicable. (2) A funeral procession shall be accompanied by adequate escort vehicles for traffic control purposes as determined by the chief of police. (3) All motor vehicles in a funeral procession shall be identified by having their headlights turned on or by such other method as may be determined and designated by the chief of police. (4) All motor vehicles in a funeral procession shall be operated as near to the right -hand edge of the roadway as is practicable and shall follow the vehicle ahead as close as is practicable and safe. [Statutory Authority: RCW 46.90.010.94 -01 -082, §308- 330 -466, filed 12/13/93, effective 7/1/94.] WAC 308- 330 -469 When permits required for parades and processions. With the exception of funeral processions and parades of the armed forces of the United States, the military forces of this state, and the forces of the police and fire departments, no processions or parades shall be conducted on the highways within the jurisdiction of the local authority except in accordance with a permit issued by the chief of police and such other regulations as are set forth in this chapter which may be applicable. [Statutory Authority: RCW 46.90.010. 94 -01 -082, § 308- 330 -469, filed 12/13/93, effective 7/1/94.] WAC 308 -330 -472 Interfering with processions. (1) No person shall unreasonably interfere with a procession. (2) No person shall operate a vehicle that is not part of a procession between the vehicles of the procession. This provision shall not apply at intersections where traffic is controlled by traffic control devices unless a police officer is present at such intersections to direct traffic so as to preserve the continuity of the procession. - [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308 - 330 -472, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -475 Boarding or alighting from vehicles. No person shall board or alight from any vehicle while such vehicle is in motion. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308 - 330 -475, filed 12/13/93, effective 7/1/94.] http : / /www.le wa.gov /wac /index.cfm ?fusea.ction= chapter &chapter = 308 -33 0 &RequestTimeou... 2/26/2003 •WAC 308 -330 CHAPTER Page 20 of 26 WAC 308 - 330 -478 Unlawful riding. No person shall ride upon any portion of a. vehicle not designed or intended for the use of passengers. This provision shall not apply to an employee engaged in the necessary discharge of a duty, or to persons riding within truck bodies in space intended for merchandise. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308- 330 -478, filed 12/13/93, effective 7/1/94.] WAC 308- 330 -481 RCW sections adopted — Operation of nonmotorized vehicles. The following sections of the Revised Code of Washington (RCW) pertaining to the operation of nonmotorized vehicles as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.750, 46.61.755, 46.61.758, 46.61.760, 46.61.765, 46.61.770, 46.61.775, 46.61.780, and 46.61.790. [Statutory Authority: RCW 46.90.010. 02 -04 -075, § 308 - 330 -481, filed 2/1/02, effective 3/4/02; 94-01 -082, § 308- 330 -481, filed 12/13/93, effective 7/1/94.] WAC 308 -330 -500 Bicycle license required. No person who resides within the jurisdiction of the local authority shall ride or propel a bicycle on any highway or upon any public path set aside for the exclusive use of bicycles unless such bicycle has been licensed and a license plate or decal is attached thereto as provided in WAC 308- 330 -500 through 308 -330 -540. [Statutory Authority: RCW 46.90.010. 94 -01 -082, § 308 - 330 -500, filed 12/13/93, effective 7/1/94.] WAC 308- 330 -505 Bicycle license application. Application for a bicycle license and license plate or decal shall be made upon a form provided by and to the chief of police. An annual licen.sefee as prescribed by the local authority shall be paid to the local authority before each license or renewal thereof is granted. Duplicate license plates or decals may be supplied for the sauce cost as the original plate or decal in the event of loss of the plate or decal. (Statutory Authority: RCW 46.90.010. 94 -01 -082, § 308- 330 -505, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -510 Issuance of bicycle license. (1.) The chief of police upon receiving proper application therefor is authorized to issue a bicycle license which shall be effective for one calendar year. (2) The chief of police shall not issue a license for any bicycle when he/she knows or has reasonable grounds to believe that the applicant is not the owner of, or entitled to the possession of, such bicycle. (3) The chief of police shall keep a record of the number of each license, the date issued, the name and address of the person to whom issued, and a record of all bicycle license fees collected by him. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308 - 330 -510, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -515 Attachment of bicycle license plate or decal. (1) The chief of police, upon issuing a bicycle license, shall also issue a license plate or decal bearing the license number assigned to the bicycle, and the name of the local authority. (2) Such license plate or decal shall be firmly attached to the rear mudguard or frame of the bicycle for which issued in such position as to be plainly visible from the rear. (3) No person shall remove a license plate or decal from a bicycle during the period for which issued except upon a transfer of ownership or in the event the bicycle is dismantled and no longer operated upon any highway within the jurisdiction of the local authority. [Statutory Authority: RCW 46.90.010. 94 -01 -082, § 308- 330 -515, filed 12./13/93, effective 711/94.] WAC 308 - 330 -520 Inspection of bicycles. The chief of police, or an officer assigned such responsibility, http: / /www. lee.wa. gov /wac /index.cfm ?fuseaction= chapter &chapter =308- 330 &ReouestTi meou... 2/26/2003 VAC 308 -330 CHAPTER Page 21 of 26 • may inspect each bicycle before licensing the same and may refuse a license for any bicycle which he/she determines is in unsafe mechanical. condition. • [Statutory Authority: RCW 46.90.010. 94 -01- 082, § 308- 330 -520, filed 12/13/93, effective 7/1/94.) `VAC 308 - 330 -525 Renewal of bicycle license. Upon the expiration of any bicycle license, the same may be renewed upon application and payment of the same fee as upon an original application. [Statutory Authority: R.CW 46.90.010.94 -01 -082, § 308 - 330 -525, filed 12/13/93, effective 7/1/94.) WAC 308 - 330 -530 Bicycle transfer of ownership. Upon the sale or other transfer of a licensed bicycle, the licensee shall remove the license plate or decal and shall either surrender the same to the chief of police or may upon proper application, but without payment of additional fee, have such plate or decal assigned to another bicycle owned by the applicant. [Statutory Authority: RCW 46.90.010. 94 -01 -082, § 308- 330 -530, filed 12/13/93, effective 7 /1/94.] WAC 308- 330 -535 Bicycle rental agencies. A. rental agency shall not rent or offer any bicycle for rent unless the bicycle is licensed and a license plate or decal is attached thereto as provided herein and such bicycle is equipped with the equipment required by RCW 46.61.780. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308- 330 -535, fled 12113/93, effective 7/1/94.] WAC 308 - 330 -540 Bicycle dealers. Every person engaged in the business of buying or selling new or second -hand bicycles shall make a report to the chief of police of every bicycle purchased or sold by such dealer, giving the name and address of the person from whom purchased or to whom sold, a description of such bicycle by name or make, the frame number thereof,.and number of license plate or decal, if any, found thereon. [Statutory Authority: RCW 46.90.010. 94 -01 -082, § 308- 330 -540, filed 12/13/93, effective 7/1/94.] `VAC 308- 330 -545 Bicycles -- Obedience to traffic control devices. (1) Any person operating a bicycle shall obey the instructions of official traffic control devices applicable to vehicles, unless otherwise directed by a police officer. (2) Whenever authorized signs are erected indicating that no right or left or U -turn is permitted, no person operating a bicycle shall disobey the directions of any such sign, except where such person dismounts from the bicycle at the right -hand curb or as close as is practicable to the right edge of the right -hand shoulder to make any such turn, in which event such person shall then obey the regulations applicable to pedestrians. [Statutory Authority: RCW 46.90.010. 94 -01 -082, § 308- 330 -545, filed 12/13/93, effective 7/1/94.] . WAC 308- 330 -550 Bicycles -- Parking. No person shall park a bicycle upon a highway other than: • (1) Off the roadway except in designated areas; (2) Upon the sidewalk in a rack to support the bicycle; (3) Against a building; or (4) In such manner as to afford the least obstruction to pedestrian traffic. . [Statutory Authority: RCW 46.90.010. 94 -01 -082, § 308- 330 -550, filed 12/13/93, effective 7/1/94.] `VAC 308- 330 -555 Bicycles -- Riding on sidewalks. (1) No person shall ride a bicycle upon a sidewalk in a business district. http: / /www.leg.wa.gov /wac /index.cfm? fuseactiors= chapter &chapter =308 -3 30 &Req uestTimeou... 2/26/2003 'WAC 308 -330 CHAPTER Page 22 of 26 (2) A person may ride abicycle on any other sidewalk or any roadway unless restricted or prohibited by traffic control devices. (3) Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right of way to any pedestrian. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308- 330 -555, filed 12/13/93, effective 7/1/94.] WAC 308- 330 -560 Bicycles -- Penalties.' Violation of any provision of WAC 308 - 330 -500 through 308 - 3325411 is a traffic infraction. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308 - 330 -560, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -565 Unclaimed bicycles. All unclaimed bicycles in the custody of the police department shall be disposed of as provided in. chapter 63.32 RCW. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308 -330 -565, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -600 Parking meter spaces. No person shall park a vehicle in any designated parking meter space during the restricted or regulated time applicable to the parking meter zone in which such meter is located so that any part of such vehicle occupies more than one such space or protrudes beyond the markings designating such space, except that a vehicle which i.s of a size too large to be parked within a single designated parking meter space shall be permitted to occupy two adjoining parking meter spaces when coins shall have been deposited in the parking meter for each space so occupied as is required for the parking of other vehicles in such spaces. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308 - 330 -600, filed 12/13/93, effective 7/1/94.] WAC 308 -330 -610 Parking meters — Deposit of coins and time limits. (1) No person shall park a vehicle in any parking meter space alongside of and next to which a parking meter has been installed during the restricted and regulated time applicable to the parking meter zone in which such meter is located unless a United States coin or coins of the appropriate denomination as indicated on the parking meter shall have been deposited therein, or shall have been previously deposited therein for an unexpired interval of time, and said meter has been placed in operation. (2) No person shall permit a vehicle within his/her control to be parked in any parking meter space during the restricted and regulated time applicable to the parking meter zone in which such meter is located while the parking meter for such space indicates by signal that the lawful parking time in such space has expired. This provision shall not apply to the act of parking or the necessary time which is required to deposit immediately thereafter a coin or coins in such meter. (3) No person shall park a vehicle in any parking meter space for a consecutive period of time longer than that limited period of time for which parking is lawfully permitted in the parking meter zone in which such meter is located, irrespective of the number or amounts of the coins deposited in such meter. (4) The provisions of this section shall not relieve any person from the duty to observe other and more restrictive provisions of this chapter prohibiting or limiti.ng the stopping, standing, or parking of vehicles in specified places or at specified times. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308 - 330 -610, ftl 12/13/93, effective 7/1/94.] \VAC 308 - 330 -620 Parking meters -- Use of slugs prohibited. No person shall deposit or attempt to deposit in any parking meter any bent coin, slug, button, or any other device or substance as substitutes for United States coins. httn: / /u~ww.lez.wa. eov /wac /index.cfin ?fuseaction= chanter &chanter = 308 - 330 &Req uestTim eou... 2/26/2003 WAC 308 -330 C.1L4:PTER Page 23 of 26 [Statutory Authority: RCW 46.90.010. 94 -01 -082, § 308 - 330 -620, filed 12/13/93, effective 7/1194.] WAC 308- 330 -630 Tampering with parking meter. No person shall deface, injure, tamper with, open, or wilfully break, destroy, or impair the usefulness of any parking meter. (Statutory Authority: RCW 46.90.010.94 -01 -082, § 308- 330 -630, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -640 Parking meters — 'Rule of evidence. The parking or standing of any motor vehicle in a parking space, at which space the parking meter displays the sign or signal indicating illegal parking, shall constitute a prima facie presumption that the vehicle has been parked or allowed to stand in such space for a period longer than permitted by this chapter. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308 - 330 -640, filed 12/13/93, effective 7/1/941 WAC 308- 330 -650 Parking meters — Application of proceeds. (1) The coins required to be deposited in parking meters are levied and assessed as fees to cover the regulation and control of parking upon highways, the costs of parking meters, their installation, inspection, supervision, operation, repair, and maintenance, control and use ofparking spaces, and regulating the parking of vehicles in parking meter zones; and the costs of acquiring, establishing, improving, maintaining, and operating public off-street parking facilities. (2) The coins deposited in parking meters shall be collected by the duly authorized agents of the local authority and shall be deposited by them as directed by the local authority. (3) The local authority shall pay from the moneys collected from parking meters the costs for any parking meters purchased and installed as provided herein, and expenses incurred for their installation, inspection, service, supervision, repair, and maintenance, for making collections from such parking meters, and for the enforcement of provisions herein applicable to parking meter zones. The net proceeds derived from the • operation of parking meters after the payment of such costs and expenses, may be used for parking studies and for the acquisition, establislunent, improvement, maintenance, and operation of public off-street parking facilities. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308- 330 -650, filed 12/13/93, effective 7/1/94.] WAC 308- 330 -660 Service parking. The chief of police is authorized to issue a permit for service parking upon payment of the fee prescribed by the local authority and upon the following conditions: (1) Application shall be made to the chief of police on such forms as the chief of police shall prescribe. The applicant shall set forth the applicant's business and the necessity for such permit. The chief of police shall investigate the facts as necessary. (2) If it appears that a necessity exists, the chief of police may authorize the issuance of such permit under the conditions prescribed in this section. . • (3) Upon issuance of the permit, the permittee shall be issued a hood to use in covering any parking meter. As many hoods may be issued upon payment of the prescribed fee as the chief of police deems necessary or convenient for the applicant. The hood shall be provided with a padlock, tow keys, and an identification card attached with a blank space thereon. (4) Upon entering any parking meter space available, the permittee shall place the hood over the parking meter and lock the sane and shall indicate in such blank space the exact place where the service work is being rendered. (5) The permittee shall not place the hood over any meter when the space is occupied by another vehicle, and shall before vacating the space at the conclusion of the work remove the hood. The hood shall not be allowed to remain in place for over one hour when the space is not occupied by an authorized vehicle, nor shall it be allowed to remain in place after 6:00 p.m. on any weekday or on any Sunday or holiday. It shall not be used during hours when parking or stopping in the parking meter space is prohibited. No vehicle licensed as a passenger car shall be parked in the space covered by the hooded parking meter. http: / /www.leg.wa. gov /wac /index.cfm? fuseaction= chapter& chapter = 308- 330 &RequestTimeou... 2/26/2003 .WAC 308 -330 CHAPTER Page 24 of 26 (6) The chief of police may revoke any permit if the service parking hood is used for any purpose other than that authorized in this section or for any violation of this chapter. Upon revocation, the hood shall immediately be returned to the police department and all fees paid shall be forfeited. Police officers finding such hood in use shall investigate the use being made thereof, and if it is found in violation of this section shall report the facts to the chief of police. (7) Any permit issued under this section shall, unless revoked, be valid for a period ()Tone year. • -(8) The permittee shall also pay a deposit in an amount prescribed by the local authority at the time of issuance of the hood, padlock, and keys, which shall remain the property of the local authority. In case a hood, a padlock, or key becomes lost or destroyed or so defaced that it is no longer usable, the perinittee shall forfeit deposit. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308- 330 -660, filed 12/13/93, effective 7/1/94.] WAC 308 -330 -700 IRCW sections adopted — Disposition of traffic infractions. The following sections of the Revised Code of Washington (RCW) pertaining to the disposition of traffic infractions as now or hereafter amended are hereby adopted by such reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.63.010, 46.63.020, 46.63.030, 46.63.040, 46.63.060, 46.63.070, 46.63.080, 46.63.090, 46.63.100, 46.63.110, 46.63.120, 46.63.130, 46.63.140, and 46.63.151. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308 -330 -700, filed 12/13/93, effective 7/1/94.] WAC 308- 330 -705 RCW sections adopted -- Enforcement. The following sections of the Revised Code of Washington (RCW) pertaining to traffic enforcement agencies as now or hereafter amended are hereby adopted by reference as a part of thi.s chapter in all respects as though such sections were set forth herein in full: RCW 46.64.010, 46.64.015, 46.64.025, 46.64.030, 46.64.035, 46.64.048, 46.64.050, and section 3, chapter 289, Laws of 2001. [Statutory Authority: RCW 46.90.010.02 -04 -075, § 308 -330 -705, filed 2/1/02, effective 3/4/02; 94 -01 -082, § 308 - 330 -705, filed 12/13/93, effective 7/1194 WA.0 308 - 330 -710 Penalties. Unless another penalty is expressly provided by law, any person found to have committed an act designated a traffic infraction under the provisions of these rules shall be punished by a penalty of not more than two hundred fifty dollars. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308- 330 -710, filed 12/13/93, effective 7/1/941 WAC 308 -330 -720 Citation on illegally parked vehicle. Whenever any motor vehicle without driver is found parked, standing, or stopped in violation of this chapter, the officer finding such vehicle shall take its registration number and may take any other infonuation displayed on the vehicle which may identify its user, and shall conspicuously affix to such vehicle a traffic citation. [Statutory .Authority: RCW 46.90.010.94 -01 -082, § 308 - 330 -720, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -730 Failure to comply with traffic citation attached to parked vehicle. If a violator of any provision of this chapter on stopping, standing; or parking does not appear in response to a traffic citation affixed to such motor vehicle within a period of five days, the clerk of the traffic court shall send to the owner of the motor vehicle to which the traffic citation was affixed a letter informing him/her of the violation and warning him/her that in the event such letter is disregarded for a period of five days, a warrant of arrest will be issued. [Statutory Authority: RCW 46.90.010. 94 -01 -082, § 308 - 330 -730, filed 12/13/93, effective 7/1/94.] http: / /www. leg. wa .gov /wac /ind ex.cfm? fuseaction= chapter& chapter = 308- 330 &RequestTimeou... 2/26/2003 WAC 308 -330 CHAPTER Page 25 of 26 WAC 308 - 330 -740 Presumption in reference to illegal parking. (J) xn any prosecution charging a violation of any law or regulation governing the stopping, standing, or parking of a vehicle, proof that the particular vehicle described in the complaint was stopping, standing, or parking in violation of any such law or regulation, together with proof that the defendant named in the complaint was at the time of such violation, the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred. (2) The foregoing stated presumption shall apply only when the procedure as prescribed in WAC 308- 330 -720 and 308- 330 -730 has been followed. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308 -740, filed 12/13/93, effective 7/1/94.] WAC 308- 330 -800 RC%V sections adopted -- Traffic control devices. The following sections of the Revised Code of Washington (RCW) pertaining to traffic control devices as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 47.36.005, 47.36.060, 47.36.110, 47.36.180, 47.36.200, 47.36.210, 47.36.220, and 47.36.230. [Statutory Authority: RCW 46.90.010.97 -10 -068, § 308 - 330 -800, filed 5/5/97, effective 6/5/97; 94 -01 -082, § 308- 330 -800, filed 12/13/93, effective 7/1/94.] WAC 308 -330 -810 RCW sections adopted -- Limited access facilities.. The following sections of the Revised Code of Washington (RCW) pertaining to limited access facilities as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 47.52.01.0, 47.52.011, 47.52.040, 47.52.110, and 47.52.120. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308 - 330 -810, filed 12/13/93, effective 7/1/94:] . WAC 308- 330 -815 RCW sections adopted -- Alcoholic beverage control. The following sections of the Revised Code of Washington (RCW) pertaining to drinking in public conveyance as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 66.44.240 and 66.44.250. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308- 330 -815, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -820 RCW sections adopted -- Guide and service dogs. The following sections of the Revised Code of Washington (RCW) pertaining to guide and service dogs as now or hereafter amended are hereby'adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 70.84.020, 70.84.021, and 70.84.040. [Statutory Authority: RCW 46.90.010.94 -01 -082, § 308- 330 -820, filed 12/13/93, effective 7/1/94.] WAC 308 - 330 -825 RCW sections adopted -- Littering. The following section of the Revised Code of Washington (RCW) pertaining to littering as now or hereafter amended is hereby adopted by reference as a part of this chapter in all respects as though such section were set forth herein in full: RCW 70.93.030, 70.93.050, 70.93.060, and 70.93.097. [Statutory Authority: RCW 46.90.010.97 -10 -068, § 308- 330 -825, filed 5/5/97, effective 6/5/97; 94 -01 -082, § 308- 330 -825, filed 12/13/93, effective 7/1/94.] WAC 308 -330 -910 Uniformity of interpretation. This chapter shall be so interpreted and construed as to http: / /www.leg.wa:goOv ac /ind ex.cfm? fuseacti on= chapter &chapter =3 08 -330 &RequestTimeou... 2/26/2003 WAC 308 -330 CHAPTER Page 26 of 26 effectuate its general purpose to make uniform the laws of those local authorities which enact it. [Statutory Authority: RCW 46.90.010. 94 -01 -082, § 308- 330 -910, filed 12/13/93, effective 7/1/94.] httn: / /www. leg. wa .eov /wac /index.cfrn?fuseaction= chapter& chapter= 308- 330&RequestTimeou... 2/26 /2003 DATE ACTION IS REQUESTED: March 6, 2003 APPROVED FOR COUCLL PACKET: City Manager Dept. Head Attorney Approve As To Form SUBMITTED BY: Interim City Manager ALTERNATIVES: None FISCAL IMPACT: None SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -056 TITLE: Adopt by reference criminal code provisions from the Revised Code of Washington (RCW) ATTACHMENTS: Ordinance No. 46 TYPE OF ACTION: X Ordinance Resolution Motion Other STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Suspend the rules, advance to second reading and adopt Ordinance No. 46. DISCUSSION: This ordinance was reviewed by staff and Council at the March 4, 2003 Study Session. In order to protect the public health, welfare and safety of the community, the City Council wishes to establish a criminal code, that identifies conduct that would inflict or threaten to inflict harm to individual or public interest. Cities may adopt by reference portions of the State Reviscd Code of Washington (RCW) identifying conduct that would constitute offenses. Included in Ordinance No. 45 are portions of the state criminal code that the Spokane Valley City Council proposes to adopt by reference and that will be known as the Spokane Valley Criminal Code. CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ESTABLISHING A CRIMINAL CODE, ADOPTING BY REFERENCE NUMEROUS CRIMINAL CODE PROVISIONS FROM THE REVISED CODE OF WASHINGTON, DEFINING OTHER CRIMINAL OFFENSES, PRESCRIBING PENALTIES FOR CRIMINAL VIOLATIONS WHICH OCCUR WITHIN THE CITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Spokane Valley will incorporate on March 31, 2003; WHEREAS, the City of Spokane Valley desires to adopt a Criminal Code by March 31, 2003 to preserve the public health, safety and welfare of the community; and WHEREAS, the City Council finds that the public health, welfare and safety is protected by forbidding and preventing conduct that inflicts or threatens to inflict harm to individual or public interests provided the City identities the conduct declared to constitute an offense against such interests. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington do ordain as follows: Section 1. Preliminary Statement. 1. This ordinance shall be known as, and shall be cited as, the Spokane Valley Criminal Code (SVCC). 2. The provisions of this Code shall apply to any offense committed on or after 12:01 a.m. on March 31, 2003 within the City of Spokane Valley. 3. The provisions of this code do not apply to, or govern the construction of and punishment for any offense committed prior to 12:01 a.m. on March 31, 2003, or to the construction and application of any defense to a prosecution for such an offense. Such an offense must be construed and punished according to the provisions of law existing in the City at the time of the commission thereof in the sane manner as if this Code had not been enacted. 4. The sections of the Revised Code of Washington (RC\V) now in effect or as subsequently amended, specifically enumerated in this ordinance, are adopted by reference in this Code. 5. In issuing a citation to any person or persons for violation of the provisions of this Code, law enforcement officers may cite to either the specific Spokane Page 1 C: \Documents and SettingslrmullerU _ ocal Settings\'rcmporary Internet FiIcs10LKI I1SV criminal code - drafl.doc Valley Criminal Code provision or the specific RCW provision from which it is adopted by reference. 6. Section captions are for organizational purposes only, and shall not be construed as part of this Code. Section 2. Purposes - Principles of Construction. 1. The general purposes of the provisions governing the definition of offenses are: A. To forbid and prevent conduct that inflicts or threatens substantial harm to individual or public interests; B. To safeguard conduct that is without culpability from condemnation as criminal; C. To give fair warning of the nature of the conduct declared to constitute an offense; and To differentiate on reasonable grounds between serious and minor offenses, and to prescribe proportionate penalties for each. 2. The provisions of this Code shall be construed according to the fair import of their terms, and when the language is susceptible of differing constructions, it shall be interpreted to further the general purposes stated in this Code. 3. In adopting the State statutes by reference, only those crimes and offenses within the jurisdiction of a municipality are intended to be adopted and, in those sections adopted which define both misdemeanors and felonies, only the language applicable to misdemeanors and gross misdemeanors is to be applied. 4. Jurisdiction to prosecute tiny felonious activity remains with the State of Washington, County of Spokane. Section 3. City Criminal Jurisdiction. Any person who commits any offense defined by this Code, in whole or in part, within the corporate limits of the City, is liable to arrest, prosecution and punishment. Section 4. Classes of Crimes. An offense defined by this Code, for which a sentence of imprisonment is authorized, constitutes a violation of city ordinance and is a crime. Crimes.are classified as gross misdemeanors or misdemeanors. Page 2 C:11)ocuments and Settingsslnnuller\Local settings \Temporary Interact EiIcs10LK 1 I'SV criminal code - drail.doc Section 5. Punishment and Restitution. 1. Unless specifically provided otherwise, every person convicted of a gross misdemeanor, or a crime not otherwise classified, shall be punished by imprisonment in jail for a maximum term of not more than one year, or by a fine in an amount of not more than Five Thousand Dollars ($5,000.00), or by both such imprisonment and fine. 2. Unless specifically provided otherwise, every person convicted of a misdemeanor shall be punished by imprisonment in jail for a maximum term of not more than 90 days, or by a fine in an amount of not more than One • Thousand Dollars ($1,000.00), or by both such imprisonment and fine. 3. A person who is convicted of a misdemeanor violation of RCW 69.50.401(e), adopted by reference, shall be punished by imprisonment for not less than 24 consecutive hours, and by a fine of not less than Two Hundred Fifty Dollars ($250.00). On a second or subsequent conviction, the penalty shall be not less than Five Hundred Dollars ($500.00) and by imprisonment of not less than 24 consecutive hours. 4. Unless the court finds that the imposition of the minimum imprisonment will pose a substantial risk to the defendant's physical or mental well being or that local jail facilities are in an overcrowded condition, the term of imprisonment shall not be suspended or deferred. If a minimum term of imprisonment is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. Unless the court finds the person to be indigent, the minimum fine shall not be suspended or deferred. 5. The City Council reserves the right to implement a community service program to provide an alternative to fines and /or imprisonment in jail. 6. The Court may impose restitution as provided in RCW 9A.20.030. 7. In the event there is a conflict in the penalties that can be imposed upon conviction for a specific offense between the provisions of the Spokane Valley Criminal Code and the Revised Code of. Washington, the penalty provisions of the Spokane Valley Criminal Code shall apply unless preempted by State law. Section 6. Limitation of Action. 1. The prosecution of a gross misdemeanor, or a crime not otherwise classified, may not begin more than two years after its commission. The prosecution of a misdemeanor nay not begin more than one year after its commission. 2. Periods of limitation toll for any period of time the person charged is not usually and publicly resident within this State. Page 3 C:IDocuments and Scttings\rniuller\Luc.ul Settines\Temporary Internet FilesIOLKi I\SV criminal code - draf.dcxc 3. If a complaint or an information filed before the end of a period of limitation is thereafter set aside, then the period is extended by a period equal to the length of time from the filing to the setting aside. Section 7. Proof beyond a reasonable doubt. 1. Every person charged with an offense is presumed innocent unless proven guilty by competent evidence establishing each element of the offense beyond a reasonable doubt. 2. When an offense has been proven against a person, but a reasonable doubt exists as to the degree of the crime, a conviction shall be entered only as to the lowest degree. Section 8. General provisions - adoption by reference. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference. RCW 9A.04.050 People capable of committing crimes - culpability of children. RCW 9A.04.060 Conunon law as supplement to statutes. RCW 9A.04.070 Who amenable to criminal statutes. RCW 9A.04.090 Application of general provisions of code. RCW 9A.04.1 10 Definitions. RCW 9.01.055 Citizen immunity if aiding officer. RCW 9.01.110 Omission, when not punishable. RCW 9.01.130 Sending letter, when complete. Section 9. Principles of Liability. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference. RCW 9A.08.010 RCW 9A.08.020 RCW 9A.08.030 General requirements of culpability. Liability for conduct of another - complicity. Corporate and personal liability. Section 10. Defenses. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference. RCW 9A.12.010 Defense of Insanity. RCW 9A.16.010 Definitions. RCW 9A.16.020 Use of force - when lawful. RCW 9A.16.040 Justifiable homicide or use of deadly force by public officer, peace officer, person aiding. RCW 9A.16.060 Duress. RCW 9A.16.070 Entrapment. Page 4 C_1Documents and Settings\rmullerlLocai Settin sVremporary Internet Filcs \OLKi IISV criminal code - draftdoc RCW 9A.16.080 RCW 9A.16.090 RCW 9A.16.100 RCW 9A.16.110 Section 11. Code of Washington reference. RCW 9A.28.020 RCW 9A.28.030 RCW 9A.28.040 Action for being detained on mercantile establishment premises for investigation - "Reasonable grounds" - as defense. Intoxication. Use of force on children - policy - actions presumed unreasonable. Defending against violent crime - reimbursement. Anticipatory Offenses. The following provisions of the Revised as presently constituted or hereinafter amended are adopted by Criminal attempt. Criminal solicitation. Criminal conspiracy. Section 12. Abandoned Refrigeration Equipment. RCW 9.03.010 RCW 9.03.020 RCW 9.03.040 Section 13. Advertising - Crimes Relating to. 'fhe following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference. RCW 9.04.010 RCW 9.04.090 Section 14. Abandoning, discarding refrigeration equipment. Permitting unused equipment to remain on premises. Keeping or storing equipment for sale. False advertising. Advertising fuel prices by service station. Aggressive Begging. 1. Any person who engages in aggressive begging in any public place in the City as those terms are defined by this section is guilty of a misdemeanor. 2. As used in this section: A. Aggressive begging means to beg with intent to intimidate another person into giving money or goods. B. Begging means to ask for money or goods as a charity, whether by words, bodily gestures, signs or other means. C. Intimidate means to coerce or frighten into submission or obedience. D. Public places for purposes of Section 14 means any road, alley, lane, parking area, sidewalk or any place, private or otherwise, adopted to and fitted for vehicular or pedestrian travel that is in Page 5 C:\Documents and Settingstrnndlerllocal settings \Temporary Internet Files \01-1:1 HSV criminal code - drafl.doc common use by the public with the consent, expressed or implied, of the owner or owners; and any public playground, school grounds, recreation grounds, parks, parkways, park drives, park paths and rights -of -way open to the use of the public. Section 15. Alcoholic Beverage Control. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference. RCW 66.04.010 Definitions. RCW 66.20.160 "Card of identification ", "licensee ", "store employee" defined for certain purposes. RCW 66.20.170 Card of identification may be accepted as identification card and evidence of legal age. RCW 66.20.180 Card of identification to be presented on request of licensee. RCW 66.20.200 Unlawful acts relating to card of identification and certification card - penalty. RCW 66.28.090 Licensed premises or banquet permit premises open to inspection - failure to allow - violations. RCW Chapter 66.32 Search and seizure; entire chapter. RCW Chapter 66.44 Enforcement - penalties; entire chapter. Section 16. Alcoholic Beverage Control - Opening or Consuming Liquor or Possessing Open Container of Liquor in Public Place. Except as provided by Title 66 RCW, any person who possesses an open container of liquor in a public place is guilty of a misdemeanor and shall be fined not more than one hundred dollars; provided, that this provision shall not apply to containers kept in the trunk of a vehicle or in an area of the vehicle not normally occupied by the driver or passengers. A utility compartment or glove compartment is deemed to be within the area occupied by the driver and passengers. Section 17. Revised Code of Was by reference. RCW 9.08.030 RCW 9.08.065 RCW 9.08.070 RCW 16.52.080 RCW 16.52.100 RCW 16.52.117 RCW 16.52.190 RCW 16.52.195 RCW 16.52.207 RCW 16.52.300 Animals - Crimes Relating to. The following provisions of the hington as presently constituted or hereinafter amended are adopted False certificate of registration of animals - False representation as to breed. Definitions. Pet animals - 'faking, concealing, injuring, lulling, etc. - Penalty. Transporting or confining an animal in an unsafe manner. Confining animals without food or water. Animal fighting. Poisoning animals. Poisoning animals - penalty. Animal cruelty in the second degree. Dogs or cats used as bait. Page 6 C:\Documents and SettingsVmuller41.ocal Sctting5VI cmpnrary Internet Files \OLK 11 LSV criminal code - dreft.doc Section 18. Assault and Other Crimes Relating to Persons. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference. RCW 9A.36.041 Assault in the fourth degree. RCW 9A.36.050 Reckless endangerment in the second degree. RCW 9A.36.070 Coercion. Section 19. Competitive Bidding. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference. RCW 9.18.120 Suppression of competitive bidding RCW 9.18.130 Collusion to prevent competitive bidding RCW 9.18.140 Penalty Section 20. Controlled Substances - Drug Paraphernalia. The following provisions of the R.evised Code of Washington as presently constituted or hereafter amended are adopted by reference. RCW 69.50.102 RCW 69.50.412 RCW 69.50.4121 Drug Paraphernalia — Definitions Prohibited Acts: E — Penalties Drug Paraphernalia — Selling or giving - penalty Section 21. Controlled Substances. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference. RCW 69.50.101 Definitions. RCW 69.50.204(c)(14) Schedule I - Marijuana. RCW 69.50.309 Containers. RCW 69.50.401(c) Prohibited acts: A- Penalties. RCW 69.50.425 Misdemeanor violators - minimum imprisonment. RCW 69.50.505(a) (1), (3), (6) & (7) Seizure and forfeiture. RCW 69.50.506 Burden of proof. RCW 69.50.509 Search and seizure of controlled substances. Section 22. Corporations. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference. RCW 9.24.010 RCW 9.24.040 Fraud in stock subscription. Corporation doing business without license. Page 7 C:11)ocuments and Scttingslrmuller\Local SettingslTemporary Intcrnci FiIcs \OLKI I1SV criminal code - drafi.doc Section 23. Custodial Interference. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference. RCW 9A.40.010 Definitions. RCW 9A.40.070 Custodial interference in the second degree. RCW 9A.40.080 Custodial interference - Assessment of costs - Defense - Consent defenses, restricted. Section 24. Discharge of Firearms Prohibited. 1. Any person who knowingly discharges a firearm within the City is guilty of a misdemeanor. 2. "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. 3. The provisions of this section do not apply to: A. A person engaged in military activities sponsored by the federal or state governments, while engaged in official duties; B. Law enforcement personnel; C. Security personnel while engaged in official duties; and D. A person utilizing a properly licensed institutional, membership and/or commercial shooting range. Section 25. Disorderly Conduct. Any person who engages in disorderly conduct is guilty of a misdemeanor. A person engages in disorderly conduct when that person: 1. Uses abusive language and thereby intentionally creates a risk of assault; 2. Intentionally disrupts any lawful assembly or meeting of persons without authority; 3. Intentionally obstructs vehicular or pedestrian traffic without lawful authority; 4. Fights by agreement, except as part of an organized athletic event; or 5. Enters or remains in any school building, classroom or upon any school ground, or street, sidewalk or public way adjacent thereto, and intentionally causes disruption of the activities of the school. Page 8 C:UDocumcnts and Settineslrmuller\Local SettingsVI'cmporary Internet FilesIOLKI IISV criminal code - drn(t.doc 6. As used in this section, "school" has its ordinary meaning and also includes universities, colleges, community colleges and institutions of higher learning. Section 26. Domestic Violence. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference. R.CW 10.99.020 Definitions. RCW 10.99.030 Law enforcement officers - Training, powers, duties. RCW 10.99.040 Restrictions upon and duties of the court. RCW 10.99.045 Appearances by defendant - Orders prohibiting contact. RCW 10.99.050 Restriction or prohibition of contact with victim - Violation, Penalties, Written order - Procedures. RCW 10.99.055 Enforcement of orders against defendants. RCW 26.50.010 Definitions. RCW 26.50.020 Commencement of action - Jurisdiction - Venue. RCW 26.50.030 Petition for an order for protection - Availability of forms and instructional brochures - Fee - Bond not required. R.CW 26.50.040 Fees not permitted. RCW 26.50.050 Hearing - Service - Time. RCW 26.50.060 Relief. RCW 26.50.070 Ex parte temporary order for protection. RCW 26.50.080 Issuance of order - Assistance of law enforcement officer Designation of appropriate law enforcement agency. RCW 26.50.085 Service by publication. RCW 26.50.090 Order - Service. RCW 26.50.095 Order following service by publication. RCW 26.50.100 Order - Transmittal to law enforcement agency - Record in law enforcement information system - Enforceability. RCW 26.50.110 Violation of order - Penalties. RCW 26.50.115 Enforcement of ex parte order - Knowledge as prerequisite. RCW 26.50.120 Violation of order - Prosecuting attorney or attorney for municipality may be requested to assist - Cost and attorney fees. RCW 26.50.123 Service by mail. RCW 26.50.125 Service by publication or mail - Costs. RCW 26.50.130 Order - Modification - Immunity. RCW 26.50.140 Law enforcement officer - immunity. RCW 26.50.210 Proceedings additional. Section 27. False Representations. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference. RCW 9.3 8.010 RCW 9.38.115 False representation concerning credit. False statement by deposit account applicant Page 9 C: Documcnts and Settinos\rrnuller■Local SettingsVl'cmporary Internet Pilesl01.KI RSV criminal codc - drafl.doc RCW 9.38.020 False representation concerning title. Section 28. False Swearing and Tampering. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference. RCW 9A.72.010 Definitions. RCW 9A.72.040 False swearing. RCW 9A.72.050 Perjury and false swearing - Inconsistent statements - Degree of crime. RCW 9A.72.060 Perjury and false swearing - Retraction. RCW 9A.72.070 Perjury and false swearing - Irregularities no defense. RCW 9A.72.080 Statement of what one does not know to be true. RCW 9A.72.140 Jury tampering. RCW 9A.72.150 Tampering with physical evidence. Section 29. Fire Alarms - Crimes Relating to. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference. RCW 9.40.040 RCW 9.40.100 Operating engine or boiler without spark arrester. Injuring or tampering with fire alarm apparatus or equipment - Sounding false fire alarm. Section 30. Firearms. All provisions of the Revised Code of Washington, Chapter 9.41, as presently constituted or hereinafter amended are adopted by reference. Section 31. Flags. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference. RCW 9.86.010 "Flag" defined RCW 9.86.020 Improper use of flag prohibited RCW 9.86.030 Desecration of flag RCW 9.86.040 Application of provisions RC\V 9.86.050 Penalty Section 32. Fraud. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference. RCW 9.45.060 Encumbered, leased, or rented personal property - Construction. RCW 9.45.070 Mock auctions. RCW 9.45.080 Fraudulent removal of property. RCW 9.45.090 Knowingly receiving fraudulent conveyance. RCW 9.45.100 Fraud in assignment for benefit of creditors. RCW 9A.60.010 Definitions. RCW 9A.60.040 Crinminal impersonation. Page 10 C: Documents and Settings\rmuller\Local ScttingsVfcmporary Internet Files\OLKI RSV criminal code - draf.doc RCW 9A.60.050 RCW 9A.61.010 RCW 9A.61.020 RCW 9A.61.050 RCW 9A.61.060 RCW 9.26A.110 Section 33. Code of Washington reference. RCW 9.46.190 RCW 9.46.193 RCW 9.46.195 RCW 9.46.196 RCW 9.46.1962 RCW 9.46.198 RCW 9.46.210 RCW 9.46.217 RCW 9.46.222 RCW 9.46.240 RCW 9.46.260 Section 34. Harassment. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference. RCW 9A.46.010 RCW 9A.46.020 RCW 9A.46.030 RCW 9A.46.040 RCW 9A.46.050 RCW 9A.46.060 RCW 9A.46.070 RC\V 9A.46.080 RCW 9A.46.090 RCW 9A.46.100 RCW 9A.46.110 RCW 9.61.230 RCW 9.61.240 RCW 9.61.250 False certification. Defrauding a public utility - Definitions. Defrauding a public utility. Defrauding a public utility in the third degree. Restitution and costs. Fraud in obtaining telecommunications service - Penalty. Gambling Offenses. The following provisions of the Revised as presently constituted or hereinafter amended are adopted by Violations relating to fraud or deceit. Cities and towns - Ordinance adopting certain sections of chapter - Jurisdiction of courts. Obstructing of public servant. Penalty. Cheating - Defined. Cheating - Second degree. Working in gambling activity without license as violation Penalty. Enforcement - Commission as law enforcement agency. Gambling records - Penalty - Exceptions. Professional gambling in the third degree. Gambling information, transmitting or receiving as violation Penalty. Proof of possession as evidence of knowledge of its character. Eegislative finding. Definitions - penalties. Place where committed. Court- ordered requirements upon person charged with crime Violation. Arraignment - No contact order. Crimes included in harassment. Enforcement of orders restricting contact. Order restricting contact - Violation. Non- liability of peace officer. "Convicted time when. Stalkine. Telephone harassment. Telephone harassment. Permitting telephone to be used. Telephone harassment. Offense, where deemed committed. Page 11 C:1Dacutnents and Scttings\nmuller\1jca1 SettingslTemparary Internet Files \OLK 111SV criminal code - drafldoc Section 35. Inhaling Toxic Fumes. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference. RCW 9.47A.010 Defnition. RCW 9.47A.020 Unlawful inhalation - Exception. RCW 9.47A.030 Possession of certain substances prohibited, when. RCW 9.47A.040 Sale of certain substances prohibited, when. RCW 9.47A.050 Penalty. Section 36. Interference with Healthcare Facilities or Providers. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference. RCW 9A.50.005 Finding. RC\V 9A.50.010 Definitions. RCW 9A.50.020 Interference with healthcare facility. RCW 9A.50.030 Penalty. RCW 9A.50.060 Informational picketing. Section 37. Juries - Crimes Relating to. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference. RCW 9.51.010 RCW 9.51.020 RCW 9.51.030 Misconduct of officer drawing jury. Soliciting jury duty. Misconduct of officer in charge of jury. Section 38. Lasers. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference. RCW 9A.49.001 Findings. RCW 9A.49.010 Definitions. RCW 9A.49.030 Unlawful discharge of a laser in the second degree. RCW 9A.49.040 Civil infraction, when. RC\V 9A.49.050 Exclusions. Section 39. Littering and Pollution. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference. RCW 70.93.030 Definitions. RCW 70.93.060 Littering. Page 12 CADocuments and Settings\minller\Local Settines \Temportuy Internet Files \OI ..KI I\SV criminal code - draft.doc Section 40. Miscellaneous Crimes. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference. RCW 9.91.010 RCW 9.9L025 RCW .991060 RCW 9.91.110 RCW 9.91.130 RCW 9.02.050 Denial of civil rights - Terms defined. Unlawful bus conduct. Leaving children unattended in parked automobile. Metal buyers - Records of purchases - Penalty. Disposal of trash in charity donation receptacle. Concealing birth. Section 41. Misconduct in Signing a Petition. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference. RCW 9.44.080 Misconduct in signing a petition. Section 42. Obstructing Governmental Operation. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference. RCW 9A.76.010 RCW 9A.76.020 RCW 9A.76.030 RCW 9A.76.040 RCW 9A.76.050 RCW 9A.76.060 RCW 9A.76.070 R.CW 9A.76.080 RCW 9A.76.090 RCW 9A.76.100 RCW 9A.76.130 RCW 9A.76.160 RCW 9A.76.170 RCW 9.62.010 RCW 9.62.020 Section 43. Code of Washington reference. RCW 9A.80.010 Official misconduct. Definitions. Obstructing a law enforcement officer. Refusing to summon aid for law enforcement officer. Resisting arrest. Rendering criminal assistance. - Definition of terms. Relative defined. Rendering criminal assistance in the first degree. Rendering criminal assistance in the second degree. Rendering criminal assistance in the third degree. Compounding. Escape in the third degree. Introducing contraband in the third degree. Bail jumping. Malicious prosecution. Instituting suit in name of another. Official Misconduct. The following provisions of the Revised as presently constituted or hereinafter amended are adopted by Section 44. Prostitution. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference. Page 13 C;11)ocuments and Setti.ngslrmullcrlLocal Setting5\Temnorary Internet Files1OLKI I'SV criminal code - drafl.doc RCW 9A.88.030 Prostitution. RCW 9A.88.050 Prostitution — Sex of parties immaterial —No defense. RCW 9A.88.060 Promoting Prostitution — definitions. RCW 9A.88.090 Permitting Prostitution. RCW 9A.88.110 Patronizing a Prostitute. Section 45. Public Disturbance. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference. R.CW 9A.84.010 Riot. 12.CW 9A.84.020 Failure to disperse. RCW 9A.84.040 False reporting. RCW 9.27.015 Interference, obstruction of any court building or residence - Violations. Section 46. Public Nuisances. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference. RCW 9.66.010 RCW 9.66.020 RCW 9.66.030 RCW 9.66.040 RCW 9.66.050 Public Nuisance. Unequal damage. Maintaining or permitting nuisance. Abatement of nuisance. Deposit of unwholesome substance. Section 47. Reckless Burning. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference. RCW 9A.48.010 Definitions. RCW 9A.48.050 Reckless burning in the second degree. RCW 9A.48.060 Reckless burning - Defense. RCW 9A.48.090 Malicious mischief in the third degree. RCW 9A.48.100 Malicious mischief - "Physical damage" defined. Section 48. Sexual Offenses. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference. RCW 9A.44.010 Definitions. RCW 9A.44.030 Defenses to prosecution under this chapter. RCW 9A.44.096 Sexual misconduct with a minor in the second degree. RCW 9A.88.010 Indecent exposure. RCW 9A.88.030 Prostitution. RCW 9A.88.050 Prostitution - Sex of parties immaterial - No defense. RCW 9A.88.090 Permitting prostitution. RCW 9A.88.110 Patronizing a prostitute. R.CW 9A.88.120 Additional fee assessments. RCW 9.68.130 "Sexually explicit material" - Defined - Unlawful display. Page 14 C:1Documcnts and Scttings`rmuller\Local Setungs\Tcmporary Internet hiles1OLKI ILSV criminal code - draft.doc RCW 9.68.140 Section 49. the Revised Code of adopted by reference. RCW 9.68A.01 RCW 9.68A.080 RCW 9.68A.090 RCW 9.68A.140 RCW 9.68A.150 RCW 9.68A.160 RCW 9.69.100 RCW 26.28.080 Section 50. Code of Washington reference. R.CW 9.26A.090 RCW 9.26A.100 RCW 9.26A.110 RCW 9.26A.I20 RCW 9.26A.130 RCW 9A.56.010 R.CW 9A.56.020 RCW 9A.56.050 RCW 9A.56.060 RCW 9A.56.100 RCW 9A.56.140 RCW 9A.56.170 RCW 9A.56.180 RCW 9A.56.220 RCW 9A.56.230 RCW 9A.56.240 RCW 9A.56.260 RCW 9A.56.270 Vehicle impoundment. Sexual Offenses Relative to Minors. The following provisions of Washington as presently constituted or hereinafter amended are Definition. Processors of depictions of minors engaged in sexually explicit conduct - report required. Communication with a minor for immoral purposes. Definitions. Allowing minor on premises of live erotic performance. Penalty. Duty of witness of offense against child or any violent offense. Penalty. Selling or giving tobacco to minors - belief of representative capacity, no defense. Penalty. Telephone Credit Cards. The following provisions of the Revised as presently constituted or hereinafter amended are adopted by Telephone company credit cards - Publishing numbers or code. "Publishes" defined. Definition. Fraud in obtaining telecommunications service. Penalty. Fraud in operating coin -box telephone or other receptacle. Penalty for manufacture or sale of slugs to be used for coin. Section 51. Theft and Possession of Stolen Property. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference. Definitions Theft - Definition, defense. Theft in the third degree. Unlawful issuance of checks or drafts. Theft and larceny equated. Possessing stolen property - Definition - Presumption. Possessing stolen property in the third degree. Obscuring identity of a machine. Theft of cable television services. Unlawful sale of cable television services. Forfeiture and disposal of device used to commit violation. Connection of channel converter. Shopping cart theft. Page 15 C:1Documents and Settings\rmuller\Locul Settings \Temporary Internet Files \OLKI 11SV criminal code - draft.doc Section 52. Trademarks and Other Marks. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference. RCW 9.16.030 RCW 9.16.050 RCW 9.16.060 RCW 9.16.070 RCW 9.16.080 RCW 9.16.090 RCW 9.16.100 RCW 9.16.110 RCW 9.16.120 RCW 9.16.130 RCW 9.16.140 RCW 9.16.150 Counterfeit nark, intellectual property. When deemed affixed. Fraudulent registration of trademark. Form and similitude defined. Sales of petroleum products improperly labeled or graded. Sales of petroleum products improperly labeled or graded. Penalty. Use of words "sterling silver ", etc. Use of words "coin silver ", etc. Use of word "sterling" on mounting. Use of the words "coin silver" on mounting. Unlawfully marking article made of gold. "Marked, stamped or branded ", defined. Section 53. Trespass and Prowling. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference. RCW 9A.52.010 Definitions. RCW 9A.52.060 Making or having burglar tools. RCW 9A.52.070 Criminal trespass in the first degree. RCW 9A.52.080 Criminal trespass in the second degree. RCW 9A.52.090 Criminal trespass - Defenses. RCW 9A.52.100 Vehicle prowling in the second degree. RCW 9A.52,120 Computer trespass in the second degree. RCW 9A.52.130 Computer trespass - Commission of other crime. Section 54. Urinating in Public. Any person who intentionally urinates or defecates in a public place, other than a washroom or toilet room, or at a place and under circumstances where such act could be observed by any member of the public, shall be guilty of a civil infraction, with the fine not to exceed One Hundred Dollars ($100.00) for a first offense. For as second and subsequent offenses, the person shall be guilty of a misdemeanor. Section 55. Vehicles Resembling Police or Fire Vehicles. Any person who operates a motor vehicle pained and exhibiting decals, numbers, name or insignia that simulate a city or county law enforcement or fire department vehicle, or official city vehicle, without prior written authorization from the police chief, fire chief, city manager, Spokane County Sheriffs Department, or their designees, is guilty of a misdemeanor. Page 16 C:1Documcnts and SettingsAYnuller\L.ocal Scttings\Temporury Internet Files\OLKI 11SV criminal codc - draft.doc Section 56. Violating Right of Privacy. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference. RCW 9.73.020 Opening sealed letter. Section 57. Regulation of Activities — State Penal Laws. The City shall observe and enforce the provisions of State law as enacted and amended by the State Legislature with all State law regulating local conduct, location and limitation on activities, to the extent not identified above or subsequently enacted by the State Legislature, deemed incorporated by reference as if fiilly set forth herein. Section 58. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason or should any portion of this ordinance be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 59. Copies to be Available. A copy of each portion of the Revised Code of Washington adopted by reference shall be authenticated and recorded by the City Clerk and not less than one (1) copy thereof shall be available in the office of the City Clerk for use and examination by the public. Section 60. Certified Copies to be Furnished to Court. The City Clerk is directed to provide at city expense to the Court Administrator of the Spokane County District Court adequate numbers of certified copies of this Ordinance to permit effective enforcement of this Ordinance. Section 61. Effective Date and Publication. A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City of Spokane Valley. This Ordinance shall take effect and be in full force on March 31, 2003 at 12:01 a.m. ATTEST: PASSED BY THE CITY COUNCIL ON , 2003. Ruth Muller, Interim City Clerk Mayor Mike DeVleming Page 17 C:1Documents and Settings\rmullcALocal Sctiings\Temporory Internet Piles \OLKI l\SV criminal codc - draf.doc APPROVED AS TO FORM: Stanley Schwartz, Interim City Attorney Date of Publication: Effective Date: March 31, 2003 Page 18 CaDocuments and Settingslrmuller1Local Scttings\Tcmpnrary Internet Files\OLKI I\SV criminal code - drnft.doc DATE ACTION IS REQUESTED: March 6, 2003 SUBMITTED BY: Interim City Manager CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda :Bill No. 2003 -057 TITLE: General penalty provision and civil infraction system APPROVED FOR COUI J PACKET: ATTACHMENTS: City Manager Ordinance No. 45 Dept. Head Attorney Approve As To Form TYPE OF ACTION: X Ordinance Resolution Motion Other STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Suspend the rules, advance to second reading and adopt Ordinance No. 45. DISCUSSION: This proposed ordinance was reviewed by staff and Council at the March 4, 2003 Study Session. State law grants the City Council authority to impose penalties for violation of city ordinances not to exceed a fine of $5000, imprisonment for term not exceeding one year, or both, where a misdemeanor has been committed. Ordinance No. 45 includes sections covering criminal penalties and civil penalties, adoption of civil infraction system, and prosecution of violations of City ordinances. ALTERNATIVES: None FISCAL IMPACT: None SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDIINANCE NO. 45" AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ADOPTING A GENERAL PENALTY PROVISION, A CIVIL INFRACTION SYSTEM, PROVIDING FOR PROSECUTION AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Spokane Valley will incorporate on March, 31, 2003; WHEREAS, pursuant to RCW 35A.11.020, the City Council is granted the authority to impose penalties for the violation of Ordinances which may not exceed a fine of $5,000.00 or imprisonment for any term not exceeding one year, or both, where a misdemeanor has been comm itted; WHEREAS, the City has adopted by reference various laws regulating conduct which can lead to the imposition of fines and imprisonment; and WHEREAS, the City Council is desirous of adopting penalties associated with the conviction of a misdemeanor. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. General Penalties. Unless otherwise specified by City Ordinance, any person who violates the provisions of any City of Spokane Valley Ordinance regulating, forbidding or prohibiting conduct shall be punished pursuant to the general penalty provision set forth below. A. Criminal Penalty. Unless otherwise provided, the minimum criminal penalty is classified as a misdemeanor. Any person convicted of a misdemeanor shall be punished by a fine not to exceed $1,000.00 or by imprisonment not to exceed ninety (90) days, or by both such fine and imprisonment. B. Civil Penalty. A violation of a Ordinance which is designated a civil offense, shall be deemed a civil infraction pursuant to RCW Chapter 7.80. Unless otherwise provided, any such person shall be assessed a monetary penalty not to exceed a Class I Civil Infraction or $250.00, whichever is greater. Section 2. Separate Offense. Every person violating any of the provisions of any Ordinance of the City is guilty of a separate offense for each and every day during any portion of which the violation is committed, continued or permitted by any such person. Section 3. Nuisance. 1n addition to the penalties set forth above, all remedies available by law for the prevention and abatement of nuisances shall apply regardless of any other remedy. G:VCCCtTY OF SPOKANE' VALLEY I43:ALORDVNANCESNGENERAL PENALTY, DOC Section 4. Adoption of Civil Infraction System. Pursuant to RCW 35A.11.020 and RCW 35A.12.140, the City adopts RCW Chapter 7.80, entitled "Civil Infractions" as the procedure and system for adjudicating civil infractions that occur within the City of Spokane Valley. Section 5. Prosecution. Any violation of City Ordinance may be prosecuted by the City Attorney or designee in the name of the City to include demands for fines and forfeitures paid to the City or may be adjudicated by civil action, or both. Section 6. 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 7. Effective Date. This Ordinance shall be in full force and effect five (5) days after publication of the Ordinance Summary, and on the-date of incorporation. ATTEST: PASSED by the City Council this day of February, 2003. Interim City Clerk, Ruth Muller Approved as to Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: G:%0CITY Or SPOKANE VALLEY 1432 4105tDINANCES \CENERALISNALTY,flOC Mayor, Michael DeVleming DATE ACTION IS REQUESTED: February 25, 2003 - continued March 6, 2003 APPROVED FOR COUN PACKET: City Manager Dept. Head Attorney Approve As To Form SUBMITTED BY: Don Morrison CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -042 TITLE: TYPE OF ACTION: Resolution Establishing a Social Security Substitute Program X Resolution Motion - Proposed Resolution No. 03- 020 Other ATTACHMENTS: Ordinance STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Approve the proposed Resolution as written. DISCUSSION: Most new cities that have incorporated have opted for a substitute social security program (401A). The Resolution designates an ICMA -RC 401 Plan as the substitute program. For more discussion, refer to Human Resources System Binder material. Following introduction at the February 25, 2003 regular meeting, Council raised a number of questions relating to the total package of personnel documents. This resolution was delayed for action until councilmembers had an opportunity to thoroughly review with staff the provisions of these documents. At the February 27, 2003 special meeting, this resolution was reviewed by City staff, attorney and councilmembers and the consensus of the Council was to include Resolution No. 03 -020 as amended on the March 6, 2003 agenda. ALTERNATIVES: Do not opt out of Social Security. Refer to Human Resources System Binder material for more information. FISCAL IMPACT: SOURCE OF FUNDS: General Fund or Street Fund depending on assignment of personnel AMOUNT BUDGETED: TBD AMOUNT NEEDED FOR PROJECT: Dependent upon staffing plan CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 03-020 A RESOLUTION OF '1'H to CITY OF SPOK VALLEY; SPOKANE COUNTY, WASHINGTON, ESTABLIS1IThtG A SUBSTITUTE SOCIAL SECURITY PROGRAM FOR - CM' EMPLOYEES. WHEREAS, the City of Spokane Valley has employees who render valuable services; and WHEREAS, the City Council has authorized participation in the Washington Public Employe Retirement System (PERS) which is a qualified retirement program under IRS rules; and WHEREAS, the City Council is authorized by state and Federal law to establish a social security substitute program for employees covered by a qualified retirement program (PERS), and • WHEREAS, the establishment of a social security alternative program for such employees serves the interests of the City by enabling it to provide reasonable retirement security for its employees with increased flexibility in its personnel management system; and WHEREAS, the establishment of a substitute social security program pursuant t� Section 401 of the Internal Revenue Code qualifies as an alternative to Social Security and will benefit em ployees by providing funds for retirement and funds for their beneficiaries in the event of death; and • _ ‘'VfIEREAS, the City finds that the International City/County Management Association Retirement Corporation (ICMA -RC) offers an ideal social security substitute program for cities such as Spokane Valley; • NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: • Section 1. Social Security Substitute Program - Participation. The City Council hereby adopts "the ICMA -RC administered 401 Social Security (FICA) Replacement Plan, said plan to be effective upon incorporation. City and employee contribution rates and maximums shall match FICA contribution rates :and maximums as published in the Internal Revenue Service's Employer's Tax Guide, IRS Publication 15. Section 2. Authorization to Implement the FICA Replacement Plan. The City Council hereby authorizes the City Manager. to execute the necessary agreement with ICMA -.RC and to ensure that qualified employees are enrolled in the plan in a timely manner ATTEST: • Section 3. Effective Date. This Resolution will take effect on the official date of incorporation. Adopted this day of February, 2003. Mayor Michael UeVleming interim City Clerk, Ruth. Muller Approved as to Form: Interim City Attorney, Stanley M. Schwartz SUBMITTED 13Y: Interim City Manager FISCAL IMPACT: None SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -069 DATE ACTION IS REQUESTED: March 6, 2003 TITLE: Master Fee Schedule TYPE OF ACTION: Ordinance APPROVED FOR ATTACHMENTS: COUN ;IL PACKET: Resolution No. 03 -021 Resolution City Manager Motion Dept. Head Other Attorney Approve As To Form STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Adopt Resolution No. 03 -021 Adopting a Master Fee Schedule. DISCUSSION: This resolution and Ordinance No. 38 providing for general fees was reviewed by staff and City Council at the March 4, 2003 Study Session. State law authorizes cities the ability to impose "user fees" to defray the cost of services provided to individuals and organizations. The initial fees are proposed based on primarily existing Spokane County fees as adjusted. In the future, staff will evaluate each service to determine its actual cost and the current amount of recovery as established by the City Council. This resolution provides that the Master Fee Schedule be updated on an annual basis. ALTEERNATIVES: Provide for fees in each ordinance covering services provided to individuals or organizations, and review the fees in these ordinances or resolutions as necessary. CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 03 -021 A RESOLUTION OF T1d_Et', CITY OF SPOKANE VALLEY, SPOKANE COUNTY, ADOPTING A MASTER FEE SCHEDULE WHEREAS, the City Council desires that all fees that the City collects be set forth in one document; WHEREAS the City Council desires that the amount of such fees be adjusted on an annual basis to reflect increases or decreases in the cost of living; NOW, THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. Adoption of Fee Schedule. The Master Fee Schedule attached hereto as Exhibit A and Exhibit B is hereby adopted as if fully set forth herein. Section 2. Grant of Authority. City staff are hereby granted the authority to collect the fees in the amount and manner as set forth in the Fee Schedule. Section 3. Future Adjustments. It is the intent of the City Council that the Master Fee Schedule shall be reviewed and updated annually in March of 2004 and in March of each succeeding year. To the extent that it is practical, such annual adjustments should reflect the percentage of cost recovery that is determined by the City Council to be appropriate for each function, program or. service. If sufficient information is not available to determine actual cost of a service, the adjustments may reflect an increase or decrease not to exceed the annual percentage change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the period ending in June of the previous year rounded to the nearest $0.05. Section 4. City Manager Authority. In order to ensure full recovery of the cost of any Parks and Recreation activity or program not identi.fed on Exhibit A, the City Manager is authorized to establish a fee not to exceed $2,000.00. Section 5. Severabilit T. Should any section; paragraph, sentence, clause or phrase of this Resolution, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Resolution be pre - empted by state or federal law or regulation, such decision or pre- emption shall not affect the validity of the remaining portions of this Resolution or its application to other persons or circumstances. Resolution No. 03 -021, Master Fee Sched. With escalator 1 Section 6. Effective Date. This Resolution shall be in full force and effect on March 31, 2003, provided that the terms of this resolution shall also be in effect during the interim period. ATTEST: Adopted this . day of Febniary, 2003 Interim City Clerk, Ruth Muller Approved as to Form: Interim City Attorney, Stanley M. Schwartz Resolution No. 03 -021, Master Fee Sched. With escalator CITY OF SPOKANE VALLEY Mayor Michael DeVleming 2 EXHIBIT 13 ANNUAL FIRE CODE FEES FOR MATERIALS DEFINED BY TEE FIRE CODE FOR PERMITS TO MAINTAIN, STORE, USE OR .1_-IANDLE MATERIALS OR CONDUCT PROCESSES WlIICN: PRODUCE CONDITIONS HAZARDOUS TO LIFE AND PROPERTY. City of SPOKANE VALLEY Attachment A to the fee schedule adopted by the City Council of the City of Spokane Valley No . permit or fee shall be required for the use of candles in. ceremonies by non- profit organizations. (State RCW) The following categories of operations may or may not require a permit depending on the determination of the Building Official or the Fire Marshal. Annual .Fee 1. Aerosol Products (in excess of 500 pounds) $ 95.00 2. Aircraft Refueling-Vehicles $95.00ea. 3. Aircraft Repair hanger $105.00 4. Asbestos removal ' $ 85.00 5. Automobile wrecking yard $ 95.00 6. Battery systems using lead acid batteries $ 95.00 7. Bowling pin or alley refinishing $ 95.00 8. Carnivals and fairs $124.00 9. Cellulose nitrate film handling and storage (in excess of 25 pounds) $105.00 . 10. Combustible fiber storage (in excess of 100 cubic feet) $ 85.00 11. Combustible material, storage (in excess of 2,500 cubic feet) $1.05.00 . 12. Compressed gases (in excess of table 105 -A) $124.00 S-VFEEb 14. Cryogen (in excess of table 105 -B) $124.00 15. Dry cleaning plants using hazardous solvents $105.00 16. Dust Producing operations $105.00 17. Explos.ives or blasting agents (use of) $ 95.00 18. Fireworks (see Main fee schedule) $100.00 19. Flammable or combustible liquids $145.00 a_ residential fuel tanks $ 20.00 20. Fruit ripening $124.00 21. Fumigation or thermal insecticidal fogging. $ 90.00 22. l -Iarardous materials 5124.00' 23. High piles combustible storage $124.00 24. Hot work operations (welding and cutting) $ 90.00 25. Liquefied petroleum gases - commercial $124.00 26. Liquid or gas fueled vehicles or equipment in assembly areas $ 90.00 27. Lumber yards $ 90.00 28. Magnesium working (in excess of 10 pounds per day) $ 90.00 29.. Mall, covered (certain uses) (i.e.; vehicle parking, open flame use, display booths) $ 95.00 30. Organic coating manufacture $ 90.00 31. Ovens; industrial baking or drying $ 75.00 32. Parade Floats - N / A 33. Places of assembly - commercial $ 75.00 non -profit $ 15.00 34. Pyrotechnical special effects material S 90.00 2of3 35. Radioactive materials 36. Refrigeration equipment (regulated by article 63) 37 Rifle Ranges 38. Repair Garages 39. Spraying or dipping 40. Special reinspection fee for any permit 41. Temporary membrane structures, tents, or canopies . 43. Tire storage (in excess of 1,000 cubic feet) 3 of 3 $ 95.00 $ 75.00 $ 90.00 $ 90.00 $ 90.00 $ 47.00 $145.00 •$ 90.00 City of SPOKANE VALLEY Fees for permits and services will be Set by this resolution for the City of Spokane Valley All fees are to be collected and listed on the finance department receipt under the proper BARS code number so that each fee can be accounted for. BUILDING CODE 1 -- Building Permit fees for each project is set by the following fee schedule and item 2 below. TOTAL VALUATION FEE` $l to $500 523:50 5501 to ,$2,000 52,001 to $25,000 525,001 to $50,000 $50,001 to $100,000 5100,001 to 5500,000 $500,001 to $1,000,000 $1,000,000 and up EXHIBIT A FOR RESOLUTION MASTER. FEE SCHEDULE FOR. BUILDING & FIRE CODES, AND DEPARTMENTS OF P[1BLIC WORKS, PLANNING, PARKS AM) RECREATION, AND ADMINISTRATION. $23.50 for the first $500 plus 53105 for each. additional $100; or fraction thereof, to and including $2,000 • - $69.25 for the first $2,000 plus 514 for each additional $1,000, or fraction thereof, to and including S25,000 $391.25 for the first $25,000 plus $10-10 for each additional $1,000, or fraction thereof, to and including $50,000 $643.75 for the first $50,000 plus $7 for each additional $1,000, or, fraction thereof, to and including $100,000 5993.75 for the first $100,000 plus $5.60 for each. additional $1,000, or fraction thereof, to and including ,$500,000 • $3,233.75 for the first $500,000 plus $4.75 for each additional $1,000, or fraction thereof, to and including $1,000,000 $5,608.75 for the first $1,000,000 plus $3.15 for each additional $1,000, or fraction thereof 1 2. The above table is to be used to determine the building permit fees and plans check fees based on the I..13. C. O. Valuation Modifier for this part of the country. THIS MODIFIER FIGURE 1'S FOR SETTING- FEES ONLY AND NOT TO DETERMINE THE EXACT VALUE OF THE BUILDING. This modifier is revised and published every April by the International Conference of Building Officials and used by the City. The modifier of 1.0 is to be Decks and Porches to be valued at the same rate as "Open Carports ". Any separate deck or porch permit for less than $3,000.00 will have a permit fee of $72.00 and a plan check fee of $47.00. Over $3,000.00 will be at the rate shown in the schedule. The WSBCC will apply, and is not refundable. Except The hourly rates will be as follows in this Resolution. 3. PLANS REVIEW FEES are to be collected at the time of receiving the application-for permit -This fee is to be 65% of the cost of the basic building permit fee as set by the City of Spokane Valley. Plans review fees are not refundable, except under certain conditions established by the Building Official: (See Operating Policy # 29 and Section 107.3 of the U. B. C.) This fee is in addition to the full basic fee. Ma. set ofpl.ans already checked and approved is resubmitted by the owner or hi_s/hcr'agent, an hourly rate of $ 47.00 will be applied for the re- review. 4. THE PLANS CHECK FEES are collected at the time of the issuance' of the building permit. Other fees are to be collected at the time of the issuing of the building permit. (i.e.; energy code fee, fire department fees not collected, WSBCC fee, plumbing and .mechanical. code fees, planning fees, public works fees, and fees in lieu, etc.) Each for whom the fee is collected is to advise the permit specialist of fees due. ADDITIONAL PLANS C(IECK FEES MA Y BE ASSESSED IF CONSIDERABLE ClJANGE_S OR REVISIONS NEED TO BE MADE IN THE PLANS PRIOR TO APPRO VAL 5. Hourly rate set for City Employees SIGN FEES . 1. Fees collected for a sign permit and a plans check fee for signs erected in accordance with the Un.iform. Sign Code will be collected in accordance with the Table in Item l under Building Code in this resolution. based on The evaluation established by the owner or the installer. The fee schedule will start at the $3,000.00 valuation mark. Signs valued for less that $3,000.00 will have a permit fee of $72.00 and a plans check fee of $47.00. Plus the WSBCC fee o $4.50. PLUMI3ING CODE - 1.- The fees outlined below are to be collected at -.the time of issuing a.plurnbing •permit. If the plumbing is included in the Building Permit the unit costs are =to be added but not the basic permit fee. 2 $.47.00 A. Basic fee for issuing each permit $ 35.00 13asic for each supplemental permit $ 17.00 B. Unit fees (in addition to the basic fee) 1. For each plumbing fixture on a trap ( including garbage disposals, dish washers, back flow device, drainage, hot tubs, built in water softener, water closets, lavatories, sinks, drains, etc ) 2. For each private sewage disposal system 3. For each water heater and / vent (gas or electric) $ 10.00 4. For each industrial waste pretreatment interceptor including its trap and vent, except kitchen type grease interceptors functioning as fixture traps. 5. For each repair or alteration of water piping, drainage or vent piping, each fixture 6. For each lawn sprinkler system on any one meter including baclflow protection. devices 7 . For atmospheric type vacuum breakers not included in item. 6. 1 to 5 over 5, each 8. For each bacicflow protective device other than atmospheric type vacuum breakers $ 6.00 9. For each- gray water system $ 20.00 MECHANICAL CODE 1. .The fees outlined below will be used and collected at the time of issuing a mechanical permit. If the mechanical is included in the Building Permit the unit costs are to be added but not the basic permit fee. A. . Basic Fee for issuing a permit • -$ 35.00 Basic fee for each supplemental permit $ 7.50 • 13. Unit fee (in addition to the basic fee) Refer to the Uniform Mechanical fee list (Table 1 -A) for explanation of each Category/ 3 $ 6.00 $ 20.00 $ 15.00 $ 6.00 $ 25.00 $ 25.00 • $ 6.00 Furnaces & suspended heaters - Installation or relocation up to and including 100,000 btu $ 15.00 over 100,000 btu $ 19.00 Duct work system $ 10.00 Wood stove, system $ 25.00 Heat pump & air. conditioner — 0 to 3 tons 3to15tons over 15 to 30 tons over 30 to 50 tons over 50 tons $ 12.00 $ 20.00 $ 25.00 $ 35.00 $ 60.00 Gas water heater $ 10.00 Gas piping system —1 —4 outlets Chapter 13 & 14) $ 5.00 Each additional outlet $ 1.00 Gas log installation $ 10.00 Appliance vents installation- relocation— . Replacement ' Boilers, Compressors, and Absorption systems 3 hp — 100,000 btu or less 3 to 15 hp — 100.000 to 500,000 btu 15 —30 hp — 500,000 to 1,000,006 btu over 30; hp — 1,000,000 to 1,750,000 btu over 50 hp — over 1,750,000 btu Evaporative Coolers (other than portable) Ventilation and exhaust Each fan connected to a single duct Each ventilation system Each hood served by mechanical exhaust • Incinerators Installation or relocation of residential Installation or relocation of commercial $ . 7.50 each Repairs or Additions — of appliance controlled by the IJMC. $ 15.00 $ 15.00 $ 28.00 $ 39.00 $ 57.00 $ 95.00 Air Handlers . Each unit up to 10,000 cfm, including ducts See UMC for exception . $ 12.00 Each unit over 10,000 cfrn $ 19.00 $ 12.00 $ 8.00 $ 12.00 . $ 12.00 $ 19.00 $ 22.00 ENERGY CODE Energy Code Plans check fee.is also established to check to meet the requirements of RCW 5141 WAC. These are in addition to the .Building Code Fees. Residential Remodel / Addition New Single Farni.ly Tenant Improvement 0 to 10,000 square feet 10,001 and up Multi - Family per building New Commercial W.S.B.C.C. SURCHARGE A flat fee of $4.50 will be collected on each permit for approved plans or any other permit that is issued in accordance with the Uniform Building Code. EXCEPT: For multi - family projects the fee is $4.50 for the first living unit and $2.00 for each additional unit :This fee is to be forwarded to the Washington State .Building Code Council on a quarterly basis by the Finance Department. DEMOLITION PERMIT $125.00 Plus fees for the removal of underground storage tank for flammable liquids. (Mechanical fee) MISCELLANEOUS FEES For City personnel A) - Hourly rate for miscellaneous inspections $47.00 per hour Hourly rate for miscellaneous plans check .• $47.00 per hour Hourly rate for permit specialist $42.00 per hour -Hourly rate for planners $47.00 per hour B) . Overtime charges for: . 1) Plans checker 1 1/2 times their 2) inspector regular rate • 3) Permit Specialist 4) Planners C Hourly fees for contracted services will be according to the contract rate. D) Hourly rate for special. called inspections. $47.00 • 2. Preapplication - building division. Fees for preapplication1 review and evaluation. Group 1: Small, simple and easy to administer applications ' including 'residential mechanical, registered plans, extensions, basics and basic accessories and residential revisions: $ 65.00 5 $ 35.00 $ 45.00 $ 55.00 $ 75.00 $110.00 Group 2: Applications more complex than group 1, including already built construction, fire service permits, accessories to residence, sign, shell modifications, commercial mechanical, additions, mobile homes, and other applications not included in groups 1. and 3: $110.00 Group 3: Applications more complex than groups 1 and 3, including new residences; small n.on building permits, com- mercial tenant improvements and revisions, permits issued "subject to field inspection" and agricultural buildings: $150.00 Group 4: Applications more complex and difficult than the other groups, including small and large new commercial buildings, multifamily buildings, large non building structures or other permits with complex processing such as commercial site plans- $225.00 - plus a per hour rate over six hours 3. Preapplication fees - land services division. Fees for preapplication review and evaluation and counter service fees Group 1. Small simple applications, affidavits, including short plats, revisions, shoreline ex.e.diptions, right -of -way use, lot line adjustments, all extensions, road and drainage variances and other miscellaneous services: $ 65.00 Group 2. Applications more complex than group 1, including clearing and grading, final plats and final public utility district applications, alterations to final plats, or public utility districts and engineering plans: $1.10.00 Group 3. Applications more complex than groups 1 and 2, including variances, shoreline, preliminary short plats, and SAO utility exceptions: Group 4: The most complex applications, including preliminauy plats,. variances, conditional use permits, special use permits, and zone and shoreline reclassification: $225.00 4. Mobile home location permit and inspections. 1. Mobil home permit and inspection $ 110.00 2. Temporary mobile home S 90.00 3. Manufactured home inspection per section $ 50.00 5. House Moving - A) Class I and II Moving Permit $ 65.00 -• Inspection fee $ 65.00 * * Plus $47:00 per hour after the first hour and $.50 per mile if the building to be moved into the City is outside the Cite. 6 $150.00 13) Class Itt and IV Moving permit $ 65.00 6. Minimum Housing Inspection fee * Plus $47.00 per hour after the first hour. $ 65.00 * 7. Work on any housing or building without a permit A) See section 107.5.2 of the U. B. C. ( Which says "An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then issued or•subsequently issued The minimum investigation fee shall be the same as the minimum fee set forth in table 1. A. " This then doubles the building permit fee.) a. An investigative inspection fee . $ 65.00 8. Special inspections (requested). A) Fire, wind, mud slide or flood damage $ 65.00 13) Mini Day Care $ 65.00 C) . Nursing Homes, hospitals, et al * Plus -$ 47.00 per hour after the first hour D) Special Occupancies 9. Excess inspections created by contractor for a given project created by the developer of contractor.. Per Inspection - $ 47.00 Reinspections - residential $ 47.00 commercial $ 47.00 10. Condominium conversion plans review and inspection fee: ,This fee will be based on the value of the conversion and the U.,f3.0 valuations. 11 Tem orary tents cano ies and air su orted structures A) Plans check fee $ 71.50 . B) Basic permit fee $ 110.00 . 1.2. Enclosing of an existing deck or patio. A) Basic permit fee (The valuation of the project with the rninirnum valuation of $5,000. to be used ) B) 65% of the basic fee. 13. Swimming pools • Basic fee Plus plumbing fees $ 50.00 GRADING . A) The descriptions outlined in Table 33 -A and Table 33 -B of the U. B. C. Appendix Chapter 33 will used for both permit and review fees. 7 $ 65.00 * $ 65.00 Permit Fees 50 Cubic Yards or less $ 20.00 51 to 100 Cu. Yd: $ 35.00 101 to 1,000 Cu. Yd For the first 100 Cu. Yd $ 35.00 Plus $10. for each additional 100 Cu. Yd. 1,001 to 10,000 Cu. Yd. For the first 1,001 Cu. Yds. $125.00 Plus $12. for . each additional 1,000 Cu. Yd. 10,001. to 100,000 Cu. Yd.. For the first 10,000 Cu. Yds. $233.00 Plus $ 15. for each additional 10,000 Cu. Yds. 100,001 to 200,000 Cu. Yds. For the 1 100,000 C. Y. $368.00 • Plus $ 15. for each additional 100,000 Cu. Yds.' 200,000 or. more Cu. Yds. For the 1 200,000 yds. $503.00 Plus $7.00 for . each additional 200,000 Cu. Yds. Plans Chocking Fees 50 Cubic Yards or less 51 to 100 Cu. Yds. 101 to 1,000 Cu. Yds. 1,001 to 10,000 Cu. Yds. 1 to 100,000 Cu. Yds. For first 10,000 Cu. Yds. 1 Plus .$ 7.00 for each additional 10,000 Cu. Yds. No Fee $ 18.00 $ 22.00 $ 35.00 $ 35.00 100.001 to 200,000 Cu. Yds. $ 98.00 Plus $ 10.00 for each additional 1 00,000 Cu. Yds. 200.001 Cu. Yds or more $188.00 B) Land. Clearing only - (without earth being moved) $120.00 * ** ***********************************] I:**** * ********** * ** * * *** ********* • FIRE CODE FEES **************************************** * * * * * * * * * * * * * * * * * * * * * * * ** * * ** ** 1 • Fees for fire code permits will be in accordance with attachment 13, if deemed to be required by the Fire Marshal and / or the Building Official. 2. False Alarm fees In concurrence with the Uniform Fire Code amendment the following fees are set for repeated malfunctioning false alarms in a given six month period. 1- alarm 2nd alarm 3rd alarm 4 alarm 5 alarm 3; Fireworks Public Displays # Max. per RCW 70.77 This city Resolution also requires a performance bond or cash deposit of $500.00 for clean up purposes and a liability insurance policy of $1,000,000.00. 4. Plans check and review fees by the Bureau of Fire Prevention. A. Plans check and inspection fee for new commercial projects $. 70.00 B. Fire Watch Service (three hours minimum) $140.00 Plus hourly thereafter C. Hourly fee for.. after hour inspections, plans review, consultations for projects that do not require a permit, and other special services. Time and a half of the hourly rate D. Hourly rate $ 47.00 6. Plans check and review fees for separate fire alarm system or sprinkler system applications, and other fire protection systems. . A. Plans check fee - Commercial — Fire alarm 1. One to four zones 2. Each additional zone B. Fire alarm systems - residential 1. One to four zones 2. Each additional zone C. Sprinkler systems 9 no charge $ 30.00 $ 80.00 S 120.00 Require a hired fire watch $100.00 # $ 104.00 $ 27.00 $ 75.00 $ 27.00 Tenant Improvements -less than 10 heads -11 or more heads New systems 1. Commercial - each riser plus each head or plug 2. Residential - each riser plus each plug or head 3. Special water main extension or replacement D. Fire extinguishing system: (other than sprinklers) 1. Fire extinguishing system plus each. nozzle E. Standpipe installation: Class 1 and Class II Class 1rI F. Fire Pump Installation: $105.00 G. Power generators installation: $ 85.00 H. Flammable and combustible liquids storage tanks installation.: 1. Underground, l st tank $124.00 plus each additional tank on same site $ 75.50 2. Above ground tank_ $100.00 plus each additional tank on the same site $ 70.00 1. Hazardous materials storage tanks installation: 1. Less than 500 gallons - each • $124.00 2. 500 - 1,199 gallons each $154.00 3. 1,200 gallons or.rnorc $187.00 J. Liquefied petroleum tanks: installation 1. Less than 500 gallons . $!24.00 2. • 500 - 9,999 gallons $1.54.00 3. 10,000 gallons or more $187.00 K. Gaseous oxygen systems installation: 1. Less than 6,009 cubic feet 2. 6,000 - 1 1,999 cubic feet 3. 12,000 cubic feet or more L. Nitrous systems installation: $120.00 1. plus each outlet 12.00 M. Medical gas systems installation.: 10 $ 85.00 $125.00 $1.80.00 $ 2.70 $ 90.00 $ 1.90 $ 90.00 $ 90.00 $ 15.00 • $ 98.00 $115.00 $ 88.00 $1.40.00 $1.68.00 1. Gaseous system ' $100.00 plus each outlet $ 12.00 2. Liquefied system $120.00 phis each. outlet $ 12.00 N. Hazardous material recycling system installation: 1. 1.10 gallons or less per day capacity $110.00 2. More than 110 gallons per day capacity $147.00 O. Vapor recovery system installation: (per tank) 1. Phase I - tank truck and tank $11 0.00 2. Phase it - vehicle fueled and tank $165.00 P. Cryogenic tank installation: (1st tank) $110.00 Each additional tank on same site • $ 45.00 Removal or abandonment, or any combination • thereof, of flammable or 'comb usti _blc liquid storage tanks: 1. First tank (commercial) $154.00 • 2. Each additional tank on the same site (commercial) $ 57.50 3. Contractors permit for removal•or abandonment of residential under - ground fuel tanks $125.00 R. Fire Department fee for inspections and follow up. . For initial inspection, plans check and follow up inspections as called for in the Fire Code the fire department will be paid 65% of the fee collected for the permit. This payment will he paid quarterly. S. :' Annual fire department:fees for permits to maintain, store, • use or handle materials or conduct a process which produce conditions hazardous to life and•property are listed in . attachment A of the Building Department Operating Policy number 23 and listed in Uniform Fire Code. The categories Listed may or may not require a permit depending on the • determination of the Building Official or the Fire Marshal. • 11 ********s***************=**** r.**** I:**** **:* * * ** ** * * ** ** * * * ** * * **** * * ** PUJ3LIC WORKS * * * * * *** * * *** * * * *** * * * ** *** ********** * * ** * * * ** * * * * *** * * ** * * * * * * * * * ** * * ** 1. .Hourly rate 2. Construction permit for work in the Public Right of Way. $200.00 Plus $5.00 per lineal foot or $10.00 per lineal foot for Crossings, plus $50.00 per . hour for inspection based On actual time. Cash, certified check or bond for right of way cleaning $1,000.00 3. Traffic Impact fees 4. Storm, Water system review fees $250.00 Plus $50.00 per hour for engineering and field Inspection based on actual time. 5. Water and sewer fees Will require a certificate of availability for water and sewer F.rom water and sewer. purveyors. May require a city street use Permit. 6. SPECLA.L INSPE_CTIONS: A. Field monitori.n.g inspections of grading non residential sites. a. Commercial; multifamily, and multi lot sites — Four hour minimum $200.00 plus hourly b. Industrial or mineral industrial sites $225.00 plus hourly B. Right of Way permits C. Conditional Use permits 17. Variances E. Shoreline permits 7. Site engineering review — for road design, drainage, erosion, sedimentation control, right of way improvements, etc. A. Commercial construction B. Residential construction 12 Hourly rate $ 50.00 Not available 5200.00 Hourly rate $250.00 plus hourly $250.00 plus hourly Rate after 5 hours. $150.00 plus hourly Rate after 3 hours C. Subdivisions, short divisions and planned unit Developments, right of way use and grading and clearing Permits ( including alteration or vacation of final short Plats and plats). Hourly rate COMMUNITY DEVELOPMENT CATEGORY APPLICATION FEE SCHEDULE FOR PLANNING 1. Subdivisions * Tentative plan * Preliminary plat * Final plat * Short plat 2-4 lots * Short plat 5 -9 lots Tentative plat Preliminary plat Final- plat Short plat appeal * flat modification minor major * Certificate of exemption * Zero lot line 2. SEPA checklist For a single dwell.i-n.g * For all other developments * SEPA modification * - Exempt determination * Appeal of SEPA determination 3. Shoreline - * Substantial Development Permit * Conditional use * Variance (The above three permit applications may be consolidated. permit applications are made, the applicant will be charged application with the highest fee and 50% of the established other applications) * Appeal — local • 4. Administrative interpretation • Appeal of decision 5. Annexation review and handling Final binding site plan 14 $ 250.00 $2,500.00 + $50. per lot $1,500.00 + $20. per lot $ 500.00 $ 250.00 5] ,000.00 + $50. per lot $1,000.00 + $20. per lot $ 200.00 '/ of plat fee 1 /2 of plat fee $ 95.00 $ 325.00 + $10./lot $ 200.00 $ 700.00 $ 150.00 $ 200.00 $ 200.00 $1,000.00 $1,200.00 If multiple the full fee for the fee for each of the 1,200.00 $ 250.00 $ 1,700.00 S 1,300,00 6. Appeals of hearing examiner findings $ 300.00 7. Binding site plan $ 500.00 8. Binding site plan modification $ 350.00 9. Combining districts $1,500.00 10. Comprehensive Plan Amendment $1,500.00 11. Comprehensive plan text amendment $1,500.00 12. Conditional Use permit $1,200.00 13. Lot line adjustment $ 300.00 14. Lot line elimination $ 100.00 15. Plan Unit development PUI7 tentative plan S 250.00 PUD plan $2,500.00 +$50. per lot PUD plan modification Minor $ 250.00 Major $ 750.00 16. Pre application conference • $ 250.00 17. Signs Review of permanent sign Review! of temporary sign 18. Home occupation permit $ 300.00. 1.9. Temporary use • Oto30days $ 100.00 31 to 90 days $ 250.00 20. Variances • A dministrative $ 300.00 Single family residence $ 300.00 Signs and all others $ 750.00 21. Zoning map amendments (rezone) 51,500.00 22 Zoning and Subdivision code text change $ 500.00 15 $ 150.00 $ 75:00 NON APPLICATION FEES 1. Site plan review General layout Landscaping Off street parking 2. Environmental Impact Statement To be contracted out. Staff review of consultant's work 16 $ 250.00 Cost to be born by the applicant $2,000.00 FINANCE DEP `'A]. `MEN T 1. Copy fees a. Copies of audio tapes, video tapes, photos, maps, or other records needing reproduction_ At cast b. Copies of written records 00.15 per page c• Copies of annual. budget $ 10.00 d- NSF check 25.00 e. Copies of full documents may be purchased from Kinko's . Franchise fees (If any) a. ' Natural. Gas b. Telephone c. Cable company $ d. Disposal company 3: Impact fees (If any) a. Serer late comer fees b. Roads c. Schools 17 • PARKS AND RECREATION 1. Picnic Shelter (< 200 people) Picnic shelter ( 200 plus people) Refuse fee for shelter use 'Refundable deposit ( <200) Refundable deposit (200 +) 2. - 'Weddings 3. Field Use 4. . Pool Admission weekend family discount Reservation. (< 50) Reservation (SO to 100) • Reservation (101 to 150) • 5. Photography Family still and video Non family and non commercial still and.video Commercial still (except weddings and graduations) Short commercial video Motion picture and film youth— no lights youth — lights adults —no lights adults — lights League use '6. Indoor use . Open gym admission Admission to open. carnivals / events Adrhission to dances Square Dance 1 Square Dance 2 Dance 1 Dance 2 Dance 3 Dance4 Room rentals Gym rentals — practice, games Gym rentals — events, dances Rental of Western Dance Hall Recreation classes 18 $ 30:00 * $ 150.00 $ 50.00 $ 50.00 $ 250.00 *$150.00 $ ** $ ** $ ** $ ** $ ** $ 1.00 one child free with paying adult S100.00 per hour $125.00 per .h.our $150.00 per hour . $ 1.00 $ 0.00 $ ? • • $ 35.00 $ 35.00 . • $ $ 35.00 ** $10./hour, min.3 hours * * $15./hour, min 2 hours .** $100.00 Now Handled by WDH different each Class 7. Outdoor Playground $ 20.00 . 8. Trips Seniors, teens, etc 9. Preschool Class 1 Class .2 - Class '3 Class 4 10. Camps Day camp 1 Day camp 2 Day camp 3 Day canip 4 Day camp 5 Day camp' 6 Skyhawks camp 1 Skyhawks camp 2 :Skyhawks 'camp 3 Skyhawks camp 4 • Skyhawks camp 5 Skyhawks camp 6 Slcyhawlis camp 7 19 different each. trip • $ 45.00 $ 45.00 $ 45.00 $ 45.00 $ 80:00 $ 80.00 $ 80.00 $ 80.00 $ 80.00 $ 80.00 •$ 93.00 $ 93.00 $ 93.00 $ 93.00 $ 93.00 $ 8.00 $ 83.00 Includes admini strative'fee ( $i 0.), refuse fee ($50.),.additional staff preparation and/or additional tables / benches. ** Subject to revisitation as we acquire more data on the use of our facilities.. • DATE ACTION IS REQUESTED: March 6, 2003 APPROVED FOR COUNCIL PACKET: City Manager c. Dept. Head Attorney Approve As To Form SUBMITTED BY: Interim Deputy City Manager CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -060 FISCAL IMPACT: $11,537,018 for 2003 SOURCE OF FUNDS: General revenue fund AMOUNT BUDGETED: Budget now being developed AMOUNT NEEDED FOR PROJECT: TITLE: Law Enforcement TYPE OF ACTION: Services ATTACIIM NTS: Resolution Law Enforcement Services Intcrlocal Agreement No. CO3- Motion 14 X Other Ordinance STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Authorize the Interim City Manager to execute Interlocal Agreement No. CO3 -14 with Spokane County for Law Enforcement Services. DISCUSSION: This agreement has been in negotiation between the City of Spokane Valley staff and Spokane County staff for several weeks. The City Council has reviewed sections of the draft agreement at several executive sessions, and during the February 27, 2003 study session. The proposed agreement has been drafted in accordance with the provisions of state RCIV 39.34 and provides for the City of Spokane Valley to utilize the services of the Spokane County Sheriff's Office for the purpose of law enforcement services within the corporate boundaries of the City of Spokane Valley. A short bullet presentation on the agreement contents will be provided at the meeting. ALTERNATIVES: (a) hire staff and purchase necessary equipment to operate a City police department, or (b) negotiate a contract for service with another jurisdiction having staff adequate to meet the needs of Spokane Valley. Yi-oturn to; l.l; niela - ricicson Spokane Valley Contract Clerk of the Board No. CO3 -1 1116 West Broadway Approved Spokane, Washington 99260 ITVTER.LOCAL AGREEMENT NOR LAW ENFORCEMENT SERVICES IN THE CITY OF TIE SPOKANE VALLEY 1'11S AGREE-KENT, made and entered into among Spokane County, having offices for the transaction of business at 1 116 West Broadway Avenue, Spokane, Washington 99260, hereinafter refen -ed to as "COUNT`," Spokane Country Sheriff, having office for the transaction of business at 1100 West Mallon, Spokane, Washington 99260, hereinafter referred to as "SHERIFF," and 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 sometimes referred to as the "PAR "I U S." WITNESSET H: WHEREAS, pursuant to RCW 35.02, the City of Spokane Valley established midnight March 31, 2003 as its official date of incorporation and upon that date commenced operations as a city; and WHEREAS, pursuant to RCW 35.02, as of the date of incorporation, local governmental authority and jurisdiction with respect to the newly incorporated area transferred .from Spokane County to the City of Spokane Valley; and WfIIERli.A , pursuant to the provisions of RCW 36.32.120(), the Board of County Commissioners has the care of County property and the management of County fluids and business; and WHEREAS, chapter 39.34 .RCW (interloca] Cooperation Act), authorizes counties and cities to contract with each other to perform certain functions which each may legally perform; and WHEREAS, pursuant to the provisions of chapter 36-28 .RCW, the Sheriff of Spokane County is the Chief Law Enforcement Officer and conservator of the peace in Spokane County and shall have. among other responsibilities, the duty to arrest and commit to prison all persons who break the peace, or attempt to break it; and WHEREAS, pursuant to the provisions of RCW 35.02.220, law enforcement services shall be provided at no cost to the City of Spokane Valley for a period not to exceed 60 days from the official date of incorporation or until the City of Spokane Valley is receiving or could have begun receiving sales tax distributions under RCW 82.14.030(1), whichever is the shortest time period. The Parties acknowledge that City of Spokane Valley shall have the legal responsibility to pay for law enforcement services as of 12:01 A.M. June 1, 2003; and WHEREAS, the City of Spokane Valley desires to utilize the services of the Spokane County Sheriffs Office ( "SHERIFF "), for the purpose of law enforcement services, pursuant to section 14.1 of this agreement. 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 for COUNTY to provide CITY and its residents, City Police and law enforcement services through SHERIFF within the geographic area of CITY. The geographic area, for the purposes of this Agreement, is that set forth in Washington State Boundary Review Board for Spokane County, File No. 555 -01 or as hereafter amended. It is the intent of the PARTIES to provide law enforcement services, management and supervision consistent with the City's CouncilfManager form of government (Chapter 35A.13 RCW) and within the statutory responsibilities of a Sheriff in the State of Washington. SECTION NO. 2: DURATION AND TERMINATION The initial term of this Agreement shall commence as of 12:01 A.M. on June 1, 2003, and run through 12:00 P.M. December 31, 2004. Thereafter, this Agreement shall automatically renew for one -year time frames, unless the termination process outlined herein is invoked. 2.1 Process for Termination. Neither party may terminate this Agreement before 11:59 P.M., December 31, 2004. if either party desires to terminate the Agreement at that date, they shall provide written notice no later than December 31, 2003, with termination to be effective at 11:59 P.M. December 31, 2004. In the event the Agreement automatically renews beyond 2004, either party may terminate the Agreement by giving written notice, no later than December 31 of the year prior to the year in which the services are to terminate. Termination in any subsequent year shall be effective on December 31 at 11:59 P.M. For example, if the Agreement is to terminate December 31, 2006, then notice hereunder must be given no later than December 31, 2005. 2 When notice of termination is given, the PARTIES agree to jointly prepare a Transition Plan. If the PAR [LES cannot mutually agree to the terms of the Transition Plan, either Party, pursuant to Section 15.3 of this Agreement, can request mediation. 2.2 Transition Plan. The Transition Plan shall identify and address, among other items (i) personnel issues; (ii) conveyance of capital equipment; (iii) workload; (iv) ongoing case assignments Each Party shall bear its own cost in developing the transition plan. 2.3 Implementation of Plan. COUNTY and CITY agree to use all best efforts to effect a mutual implementation of the Transition Plan to provide an orderly, effective transition of service. 2.4 Termination of the Agreement. At the termination of this Agreement, CITY shall have the option to purchase, subject to concurrence by mutual agreement of the PARTIES, COUNTY - owned vehicles and equipment, including but not necessarily limited to patrol cars, MDC's, use of force devices, staff vehicles, and motorcycles. The value of such vehicles shall be based upon their existing leasehold or depreciated value. CITY shall retain any CITY - owned equipment, provided at its discretion to SI- IERIFF. SECTION NO. 3: SERVICES SHERIFF will provide (i) regional; (ii) Base Level; and (iii) optional law enforcement services, consistent with the staffing chart attached hereto as Attachment "A" and incorporated herein by reference, and an organizational Attachment "A -1" attached hereto and incorporated herein by reference. 3.1. Regional Services. Regional services will include only Sheriff and Administrative staff, sex offender registration, Regional Drug Task Force, Explosive Disposal Unit, Joint Terrorism Task Force, Civil Process, Secret Witness Program, Extra Duty Employment Contract, Limited Dignitary Protection, Reservist and Explorer Unit. 3.2 Base Level Services. • Command/Liaison/Supervision. Command, liaison, and supervision shall consist of a Chief Officer who shall act in the same fashion as a regular City Police Chief, two (2) Lieutenants, nine (9) Sergeants and six (6) Corporals to provide patrol /traffic supervision and assist the Chief as needed. • Patrol/Traffic/Enforcement Services. Patrol/Traffic services will include first response for the enforcement of state law and CITY adopted municipal criminal and traffic codes. 3 Patrol services shall include reactive patrol to respond to residents' and business' calls for service, proactive patrol to prevent and deter c]iminal activity. • Detective Division. Detective Division services will include investigation of property crimes, sexual assault crimes and major crimes. Investigative services consist of general criminal investigations by seven (7) Detectives assigned to the detachment, investigationn Division, and as required, the services of officers assigned to special units. These investigators are supported by crime scene analysis, crime lab, polygraph identifications and evidence/property evidence/property control. The equivalent of seventeen 17) FTE's will be assigned to provide investigative services from the Downtown Investigative Division. • Investigative Support Unit. Investigative support services shall include investigation of drug, vice, gambling, licensing, and undercover operations. • Meth Response 'Unit. Meth Response Unit services shall include the prevention and education of methanaphetarinie crimes- • Special Weapons and Tactics ( "SWAT ") and Tactical ( "TAC ") Operations. • Forensics Unit. Forensic services will include fingerprint identification, photo database, evidence recovery and post- mortem documentation. • Dispatch /9 -1 -1 and Crinac Check. SHERIFF~, as Director of Dispatch/9-1-1, agrees to dispatch protocols as negotiated with C.I`L'Y Chief of Police. • H.ii.rage Negotiations. • Criminal Intelligence UJnit ( "C.I.U. ") • Domestic Violence Unit. • Major Accident Reconstruction Response ( "MARR "). • Canine Tracking and Bomb .Dog. • Fleet Services. E. legit services will be located in the Valley Precinct, • Support Services. Support services will include the Office of .Professional Standards, training and polygraph, Public Information Officer, crime analysis, data reporting. clerical support, computer -aided dispatch, and records management system. The unit prices include the costs of two (2) clerical positions located in the Valley Precinct and 1.5 of three (3) clerical positions in the downtown detective unit- • Law Enforcement Support Unit. COUNTY utilizes the Law Enforcement Support Unit ( "I. ..ESU ") to provide records management, property room and related administrative support: services. CITY and COUNTY agree that LEU will continue providing records management, property room and related administrative support services, CITY ag] that if it desires any change in procedures, protocol or other provisions of LESU, it will meet and confer with SHERIFF to determine a mutually acceptable alternative. 3.3 Optional Services. • Community Services. Community services will include crime prevention, neighborhood watch and SCOPE partnership. 4 • DARE. • School Resource Deputies. • K -9. These dogs are used for drug investigations. • Unique Identity. 3.4 Clarification of Services. CITY and COUNTY may jointly develop and approve, as clarifications and further amendments to this Agreement, statements of duties, roles and responsibilities of contract service personnel and clarification of individual and shared authority. SECTION NO. 4: POLICE CHIEF SHERIFF shall designate one or more SHERIFF deputies of the rank of Captain or higher as candidates for the position of CITY Police Chief ("Police Chief'). The Police Chief shall be appointed from said list of qualified candidates by the CITY Manager in accordance with RCW 35A.13.020. The Police Chief is to act in the same fashion and perform the same general duties of a City Police Chief wider the Council/MVlanager form of government. The duties of the Police Chief shall include: 1. Working with the CITY Manager or his/her designee to establish goals and objectives for CITY police services which reflect specific needs within CITY; 2. Coordinating police activities within CITY, including hours of operation and CITY specific protocols and procedures, attending staff meetings and providing reports as requested by the City Manager and such other duties common to a City Police Chief including enforcement of CITY codes and ordinances. 3. Reviewing the performance of deputies assigned to CiTY. Reporting to CITY Manager or his/her designee uid SHERIFF any reconunendations for performance improvement; 4. Coordinating duties of deputies assigned to CI`T'Y as specific needs arise, as requested by CITY Manager or his/her designee within the context of established policies and procedures. Reporting to SHERIFF any changes in duty of CITY assigned deputies; 5. Overseeing implementation within CITY of all SHERIFF policies and procedures. Maintaining a copy of SI-IERIFF procedures on file at City Hall for CITY'S reference. SHERIFF shall be notified of any public disclosure requests to view or obtain a copy of the policies and procedures on file. Notifying CITY Manager or his/her designee of any change in SHERIFF procedures or policies; 6. Identifying areas of supplemental training for deputies assigned to CITY. Making Recommendations to SHERIFF for supplemental training. Making reconniendations to the CiTY Manager or his/her designee for training not provided by SHERIFF; and 5 7. Providing supervision and direction to the Lieutenants and Sergeants assigned to CITY as well as other assigned personnel, and acting as liaison with SHERIFF command. SECTION NO. 5: COST OF SERVICES Effective no later than January 1, 2007, if COUNTY elects to provide fulltime law enforcement services to other Spokane County cities at no, or significantly reduced charges, then the contract charges, herein contained, will be renegotiated accordingly for CITY. 5.1 Regional Services. Regional service costs include the cost of services that are required by state law or supported by a dedicated revenue source, and are excluded from cost allocation at the discretion of COUNTY. For the purpose of this Agreement, such services and their associated administrative costs shall be considered non - chargeable to CITY. 5.2 Base Level and Optional Services. Base level and optional service direct and, and special pays, if indirect costs shall include, but not necessarily be limited to, salary, benefits any, for personnel providing the service, along with any associated costs for clothing allowance, overtime, supplies, services, telephone, motor pool, lease cars, systems services, insurance, equipment and a licable administrative costs. These costs are further described in Attachments attached hereto and incorporated herein by reference. Base level and optional operation service costs shall reflect the deduction of revenues such as school resource grants. 5.3 Calculation of LESU Costs. The annual costs shall be CITY'S share of the LESU budget based upon the percentage of services provided and the cost allocation developed by LESU as further described in Attachment IIII attached hereto and incorporated herein by reference. INEDevelopment of Position Costs. SHERIFF /COUNTY shall develop position costs for each position and support service based on service costs developed as outlined in Attachment la 5.5 Calculation of CITY'S Agreement Amount. Position costs shall be the basis for calculating CITY'S contract amount. CITY shall be charged for services on the basis of full - time equivalence ( "FTE ") in its detachment and non- detachment Detectives as set forth in Attachments 5.6 CITY'S Contract Amount. CITY'S estimated contract amount is further described in Attachment fit 6 5.7 Service Level Adjustments. Service level increases requested by CITY will be reflected as adjustments to the current year contract agreement amount. Effective 2004 or after, any service level reductions directed by CITY shall become effective within a mutually agreeable timetable and reflected in the billing of the month and year executed. 5.8 Overtime. CITY hereby agrees to pay for overtime expenses. It is CITY'S and SHERIFF'S intent to provide overtime when requested by either party for special events, limited dignitary protection and unusual occurrences. Overtime, when requested in these categories, will be billable at the actual overtime rate of the deputy(s) and/or support staff that is working. Responses to events listed below are treated as if the event were occurring in any other jurisdiction, with the responsibility falling on that jurisdiction. a. If CITY requests and utilizes SHERIFF'S deputies and/or support staff on overtime for special events within the City of Spokane Valley, the actual overtime expenditure will be billed to CITY following the event. This billing will occur with the standard monthly billing, in accordance with subparagraph 5.13 below ( "Billing Procedure "). Examples include, but are not limited to, park, patrol, parades, and community events. b. If CITY experiences a disaster or unusual occurrence that is confined within its boundaries and overtime is requested by the Police Chief to stabilize the situation, the actual overtime expenditures will be billed with a credit provided if reimbursement funds are approved. Examples of this include, but are not limited to, a plane crash, riot, union strike, or other civil emergencies. c. In the case of a County, State, or National declared disaster for which overtime is required to manage the event, the overtime expense will be billed to the appropriate agency (e.g., FEMA). If reimbursement for overtime is not granted, then CITY will be responsible for the direct overtime expense, less any mutual aid provided. Examples of this include, but are not limited to, flooding, storms, and earthquakes. d. In the event a dignitary requiring federal, state, or local protection visits CITY, CITY will determine if additional response is needed. The CITY Manager, in consultation with the CITY Police Chief, will establish the level of service to be provided. 5.9 Reconciliation. Annual adjustments will be made in March of each year in such a way that if CITY has a positive balance at year -end of the previous calendar year, it will receive a credit, to be applied as mutually agreed. If CITY has a deficit, it will receive a debit in the subsequent billing. All computations will be based on actual, per position, overtime, salary, special pay benefits costs, and LESU costs. 5.10 Computation. The annual adjustment shall be calculated by totaling the actual costs of overtime, salary, special pay, and benefits attributable to CITY and reconciling that figure to CITY'S budgeted amount. The annual adjustment process would occur as described in paragraph 5.9 ( "Reconciliation ") above. 5.11 Facility. CITY will provide and be responsible for CITY'S proportionate share of a_base facility for CITY law enforcement services, which will be located at the Valley Precinct, 12710 East Sprague, Spokane Valley, Washington 99206. CITY shall assume the cost, or proportionate cost, of any other base facility located and operated to serve CITY. CITY and COUNTY, in a separate Agreement, shall provide for the ownership and operation of the Valley Precinct. 5.12 Purchase of Additional Services. The description of services to be provided in 2003 is as indicated in Exhibit "B." COUNTY will provide additional deputies, command, detectives and clerical support at the cost reflected in Attachment "C," appropriately adjusted pursuant to the above. Other services not reflected in Section No. 3 above may be provided at cost negotiated between CITY and COUNTY. 5.13 Billing Procedure. COUNTY will bill CITY for the cost of services as outlined, monthly. during the first week of the month Payments by CITY will be due by the end of the current month. At the sole option of the COUNTY, a penalty may be assessed on any late payment by CITY based on lost interest earnings had the payment been timely paid and invested in the Spokane County Treasurer's Investment Pool. SECTION NO. 6: REPORTING 6.1 Patrol Districts. CITY'S Police Chief will establish patrol districts within City of Spokane Valley in order to assure accurate collection of data related to criminal and traffic activity. The patrol districts will coincide within CITY limits as closely as possible without compromising efficient use of reactive patrol deputies. A patrol district is a geographical area of a size and configuration designed to minimize response times to citizen's calls for services. Response time is typically measured from the time a call is received to the time the unit arrives on the scene. 6.2 Notification of Significant Criminal Activity or Civil Emergency. The Police Chief, or his/her designee, will immediately notify the CITY Manager or his/her designee of any significant criminal occurrence or civil emergency within CITY. 8 6.3 Quarterly Report. SHERIFF shall provide a mutually acceptable quarterly report to CITY that will contain information relating to (i) criminal and traffic activity occurring within CITY and (ii) law enforcement services that fall within the category of patrol/traffic described in Section No. 3 hereinabove, occurring within CITY. All public records prepared, owned, used or retained by SHERIFF in conjunction with providing law enforcement services under the tenns of this Agreement, or subsequent to the official date of CITY'S incorporation, shall be deemed CITY property and shall be made available to CiTY upon request by CITY Manager. 6.4 Dedicated Patrol Units. SHERiFF recognizes that it is providing sworn police services dedicated to CITY. Tn so doing, the law enforcement services shall be dedicated to CITY and shall not be used elsewhere within Spokane County. Provided, however, in the event of an emergency or a call by a deputy for assistance, mutual aid may be rendered. SECTION NO. 7: DEPUTY ASSIGNMENT, RETENTION, DISCIPLINE, AND HIRING. SHERIFF will provide and administer: 7.1 Hiring. SI-IERIFF shall hire, assign, retain and discipline all employees according to the collective bargaining agreement, civil service rules, and state and federal laws. 7.2 Standards of performance Governed by SHERIFF. Control of personnel, standards of performance, discipline and all other aspects of performance shall be controlled by SHERIFF. Provided, however that only qualified, trained personnel meeting all of the requirements of applicable state laws or regulations shall be utilized in the performance of services under this Agreement. 7.3 Assignment of Deputies. SHERIFF shall use, whenever possible, deputies who volunteer for duty within CITY. In those instances where there are an insufficient number of deputies who volunteer for duty within CITY, then SHERIFF shall determine who shall be assigned for duty. COUNTY and CITY will work together to encourage deputy retention to provide continuity of service. 7.4 CITY input on Personnel Matters. CITY shall retain the right to meet and confer with SHERIFF with respect to those personnel who are assigned to work within CITY. Issues of discipline or performance will be specifically handled according to departmental policies In the event CITY has requested the reassignment of personnel and SHERIFF does, reassign the personnel, the reassignment, in itself, shall not be considered disciplinary or in any way reflect upon the performance evaluation of the deputy. SECTION NO. 8: OBSERVATION OF LABOR NEGOTIATIONS 9 CITY may participate, along with other cities that contract with COUNTY, for law enforcement services to select no more than two (2) representatives to observe labor negotiations between COUNTY and the Collective Bargaining Units representing the employees of SHERIFF, provided that such observers adhere to rules established by COUNTY and the bargaining units for the negotiations. SECTION NO. 9: ASSIGNMENT If SHERIFF assigns or delegates duties of any portion of the services provided under the terms of this Agreement without first obtaining the prior written approval of CITY, CITY may withdraw from all or any part of this Agreement, at CITY'S option, by providing thirty days written notice to SHERIFF. SHERIFF shall provide CITY at least sixty days written notice of its intention to assign or delegate duties under this Agreement, specifying which duties it intends to assign or delegate and the name and address of the party to whom it intends to assign or delegate. All terms and conditions of this Agreement shall apply to any approved or suffered subcontract or assignment related to this Agreement. SECTION NO. 10: LIABILITY 10.1 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 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. 10.2 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 I0 them, or jointly against COUNTY and CITY and their respective officers, agents, and employees, CITY shall satisfy the same. 10.3 In executing this Agreement, COUNTY does not assume liability or responsibility for or in any way releases CITY from any liability or responsibility which arises in whole or in part from the existence or effect of CITY ordinances, polices, rules or regulations. If any cause, claim, suite, action or administrative proceeding is commenced in which the enforceability and/or validity of any such CiTY ordinance, to include its constitutionality, policy, rule or regulation is at issue, CiTY shall defend the same at its sole expense and, if judgment is entered or damages are awarded against CITY, COUNTY (to include SHERIFF) or both, CITY shall satisfy the same, including all chargeable costs and reasonable attorney's fees. 10.4 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. 10.5 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 including for COUNTY SHERIFF deputies professional liability and auto liability coverages. SECTION NO. 11: RELATIONSHIP OF THE PARTIES The PARTIES intend that an independent contractor relationship will be created by this Agreement. No agent, employee, servant or representative of COUNTY or SHERIFF 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 or SHERIFF for any purpose. SECTION NO. 12: STABILIZATION OF PERSONNEL COUNTY will coordinate transfers to minimize the time positions are vacant, as well as the impact of vacancies to CITY. Deputies, who have been with CITY for less than 24 months, will not be granted a lateral transfer to COUNTY except with concurrence of CITY. Timing and replacement of CITY - assigned staff promoted to a position outside CITY will be made after input from CITY Manager. SECTION NO. 13: PROPERTY AND EQUIPMENT 11 The ownership of all property and equipment utilized in association with either SHERIFF or CITY meeting their responsibilities under the terms of this Agreement, shall remain with the original owner, unless otherwise specifically and mutually agreed upon in writing by the PARTIES to this Agreement. CITY shall supply at its own cost and expense any special supplies, stationary, notices, forms where such must be issued in the name of CITY. COUNTY shall provide supplies and equipment routinely provided to its deputies. Any routine reprinting or replacement of stationery and forms used to deliver law enforcement services to CITY shall be done in a manner to include the name "City of Spokane Valley ". 13.1 Additional Technology. It is the desire of CITY to maintain a police force that is equipped with the latest technology. SHERIFF agrees to provide deputies who are trai.ned and equipped with such technology as is customarily provided to its deputies. Such technology may include, but is not necessarily limited to, mobile data terminals ( "MDTs"), AFIS, GIS GPS, CAD/RMS, communications, computer access to criminal history data and other like data as well as other current technology utilized within law enforcement. Any technology not currently in use or not customarily provided to patrol deputies, may be requested by CITY and COUNTY, and the PARTIES agree to meet and confer over the need for acquisition, training, or use of this new technology with the final decision regarding use of new technology resting solely with the SHERIFF. 13.2 Additional Training. CITY has indicated that it may desire to have the deputies assigned to duty within the limits of CiTY, attend additional or supplemental training. Such training would be requested by CITY and approved by SHERIFF who will not unreasonably withhold approval. Such training shall be done at the sole cost and expense of CITY. 13.3 Community Identity. Patrol vehicles that are assigned to CITY may display the color, identification and other logo of CITY at CITY'S sole expense. Additionally, the vehicles will indicate that they are SHERIFF vehicles. SHERIFF and CITY will determine the form of identification jointly. SI- IEIUFF maintains a unifor n directed by state law. It is a uniform that carries a great deal of pride. CITY recognizes that the assigned personnel will retain the uniform of the Spokane County Sheriff's Office; however, SHERIFF agrees that assigned personnel may wear additional identification in the nature of a pin, patch, uniform items, or other like identification indicating affiliation with CITY. The nature and design of any additional identification will be determined jointly by SHERIFF and CITY and provided to SHERIFF by CITY at CITY'S sole expense. SECTION NO. 14: CITY'S RESPONSIBILITIES 12 CITY shall develop, with the assistance of the Police Chief and provide to SIIERIFF, the general policies it desires to provide the citizens of CITY in relation to the provision of law enforcement services. SHERIFF will then make operational decisions to implement the philosophy of CITY. In the implementation of the law enforcement services, SHERIFF and CITY shall meet and confer to assure that the implementation of services is consistent with the philosophy of CITY. CITY acknowledges that there are certain policies relating to the provision of laly enforcement services that are not within its control due to the need for uniform polices for SHERIFF employees COUNTY -wide, or the governance of certain issues by state of federal law. In support of SHERIFF providing the services described above, CITY shall perform as follows: 14.1 Municipal Police Authority. CITY shall retain all police powers inherent in the laws of the state of Washington and, by virtue of this Agreement, confer said municipal police authority on such SHERIFF deputies as might be engaged hereunder in enforcing CITY ordinances within CITY boundaries. 14.2 Municipal Code. CITY shall, to the extent reasonably possible taking into consideration local circumstances, adopt local law enforcement ordinances that are consistent with same - subject ordinances of COUNTY and state law. It is recognized that it is in the interest of all PARTIES that reasonable uniformity of common regulations will promote efficient provision of law enforcement services. Nothing in this language shall prevent CITY from adopting ordinances it determines to be necessary and in the best interest of the citizens of CITY. 14.3 Interaction with Police Chief. • The Police Chief shall report to CITY Manager or his/her designee and to the existing command structure within SHERIFF. • In the event a CITY procedure, policy, goal or operation differs from the SHERIFF'S, CITY Manager or his/her designee, SHERIFF and COUNTY shall meet and mutually determine which policy will prevail. CITY will assume responsibility and liability for any deviation from SHERIFF procedure, policy or operation. • CITY Manager or his/her designee shall have the responsibility of providing general supervision to the assigned Police Chief relative to the furnishing of law enforcement services to CITY as set forth in chapter 35A.13 RCW and the terms of this Agreement. 13 • The Police Chief shall maintain communication between CITY Manager and SHERIFF command structures to ensure that changes in SHERIFF policies are agreeable to CITY and that changes in CITY policies are agreeable to SHERIFF. SECTION NO. 15: CONTRACT ADMLIIISTRATiON 15.1 Daily Operations. The CITY Manager or his/her designee shall be responsible for communicating with the Police Chief the general direction of policing and the general daily operations of the policing within CI'T'Y. This designation shall not intrude upon the province of SI-IERIFF staff in the actual delivery of police services, but shall be the method of communication through the respective CITY and SHERIFF command structure. 15.2 Dispute Resolution. In the event of a dispute in the administration of this Agreement, the CITY Manager or his/her designee shall discuss the dispute with the Police Chief in an attempt to resolve the dispute. Any dispute that cannot be resolved by the City Manager and the Police Chief shall be referred to SHERIFF who will meet with the CITY Manager and in good faith attempt to dissolve the dispute. If the CITY Manager and SHERIFF cannot resolve the dispute, the dispute will be referred to COUNTY Chief Executive Officer who will meet with CITY Manager to resolve the dispute. 15.3 Mediation of Disputes. If, after following the dispute resolution procedure described herein, CITY Manager and COUNTY Chief Executive Officer are unable to resolve the dispute, the PARTIES agree to participate in non - binding mediation before a third party whose selection will be mutually agreed upon. The cost of mediating the dispute will be borne equally by both PARTIES. 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 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 14 provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. SECTION NO. 18: NOTICES 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 tine -to -time designate by notice in writing to the other PARTIES: COUNTY: SHERIFF: CITY: SECTION NO. 19: GENERAL TERMS Spokane County Chief Executive Officer or his/her authorized representative 1116 West Broadway Avenue Spokane, Washington 99260 Spokane County Sheriff or his /her authorized representative Spokane County Sheriff's Office 1 100 West Mallon Spokane, Washington 99260 City of Spokane Valley City Manager or his /her authorized representative Redwood Plaza 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 19.1 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. 19.2 This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. 19.3 The records and documents with respect to all matters covered by this Agreement shall be subject to inspection, review or audit by COUNTY or CITY during the term of this Agreement and three (3) years after termination. SECTION NO. 20: COUNTERPARTS 15 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. SECTION NO. 21: 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. IN WITNESS WHEREOF, the PARIJES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: SPOKANE COUNTY SHERIFF: MARK K. STER.K DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE, COUNTY, WASHINGTON ATTEST: VICKY M. DALTON BY: DATED: Attest: Approved as to form only: JOHN ROSKELLEY, Chair CLERK OF THE BOARD PFIILLIP D. HARRIS, Vice -Chair Daniela Erickson, Deputy M. KATE McCASLIN CITY OF SPOKANE VALLEY: By: Its: City Clerk (Title) 16 Acting City Attorney O:IVal ley City\Draft ContzactsAShcrif hlaw enforcement 022503- final.doc 17 ' ROP OSED =: wg- oF`fSTP rKA -LLEY STAFFING # Employees Unit 55.5 Classification Patrol w /K -9 (Bornb,Drug,Track) 49.5 Deputies 6 Det/Corp. • 5 Deputy 1 Sgt. Traffic 6 Traffic • Patrol/Traffic - -less revenue' - -less revenue' 1 M.A.R.R. 10 Patrol Supervision 4 Community Services /Admin. - -less revenue' 8 Property Investigations 0.5 Investigations 9 Drug•Investigations 7.5 Major Crimes /Sex Investigations 101.5 Proposed Staffing Level L.E.S.U. ,. • wY� ^-... mot.- �.- " J ur '1'Tf.- �i"S'.".': ° rt � -� Y�. 4. F -• 10'1 i5TOTALB%�SE;�LxE1/EL_:` 4 ` . -..r•_ avlSi•:1= 7Yn..... .. p,: :..F...A.:.lcsw�s�, �t�..riS�.+aS�'v.....e- .ice -.-ra. «sue.. 'Personnel Costs are based on 2003 salary figures Costs include 2003 COLA costs for all Unions and Associations 'Costs will increase each year based on COLA's, MJO Increase or Decrease, and Capital Expenditures / Improvements as approved by the Board of County Commissioners Footnotes 1 Half of revenue received from a Juvenile Accountability Grant = $27,291; plus revenue from Central Valley School District for two SRD's = $15,000 each 2 Half of revenue received from a 'Cops Universal" grant for eight Traffic officers; grant provides $25,000/officer/year; grant expires 12131103 3 . Revenue received from a "Cops Universal" grant for 1 Traffic Sergeant; . grant provides $25,0001officerlyear, grant expires 5131106 Attachment "A" Contract No. CO3 -14 Cost 4,813,613 653,712 486,224 116,291 - 100,000 - 25,000 1 Det/Corp. 108,952 1 Inspector 134,423 1 Staff Assistant 50,061 2 Lieutenants 255,071 6 Sergeants 697,746 1 Sergeant 116,291 3 SRO Deputy 291,734 - 57,291 1 Sergeant 116,291 6 Det/Corp 653,712 1 Deputy 97,245 .5 Captain 64,211 .5 Lieutenant 63,768 .5 Sergeant/fvleth 58,146 .5 Sergeant/ISU 58,146 3.5 Det/Corp. 381,332 .5 Det/Corp CIU 54,476 .5 Det/Corp JTTF 54,476 3 Drug Deputy 291 ,734 .5 Lieutenant 63,768 .5 Sgt -Major Crimes 58,146 .5 Sgt -Sex Crimes . 58,146 3 Det/Corp -Major Crimes 326,856 3 Det/Corp -Sex Crimes 326,856 10,269,134 1,267,884 11;537;01;8; valley proposed staff Attachment "A' 2125/2003 1 Sgt Property / DV 6 Detectives Property / DV 1 Deputies DV 6 Sgts Patrol 6 Corporals Patrol 49.5 Deputies K9's CCU Precinct 2 Lts Patrol City of Spokane Valley Police Organizational Chart 1 De ective MARR 5 Deputies Traffic Not included in 101.5 FTE's Chief Inspector 1 Sgt Adrnin / service 3 Deputies - SRDs Secretary II . 2 Clerical Assistants Attachment A -1 .5 Sgt Meth. .5 LT. Drugs 3.5 Detectives Drugs .5 Detective JTTF .5 Detective CIU 3 Deputies Drugs .5 Sgt ISU Downtown .5 Capt. Investigations .5 LT. Major Crimes Sex Crimes 3 Clerical Assistants 02/2012003 Salaries and Benefits Overtime Additional Pay Clothing / Vests Ammunition Radio M/O Supplies Equipment (Gun, Radio, Computer) Data Processing - CAD /RMS Training Vehicle Forensic-Unit Support Radio Division Garage Unit Sub - Total: Support Units Department Administration: Budget/Accounting /Admin Support Office of Professional Standards Training &'Polygraph Unit Public Information Officer Crime Analysis Unit Clerical Support Sub - Total: Dept. Admin. County Overhead " position costs Sub - Total: Wages Sub - Total: Direct Costs Sheriff's Office Total Grand Total • Salary figures are from 2003 Budget Deou Detective /Corp_ Sergeant Lieutenant Captain Inspector 1,930,937' -minus Bldg. Deprec. - 17,775 -minus Equip. Deprec. - 365,583 -minus PSB Sq. Footage - 177,018 • 1,370,561 "COWCAP from Fiscal 2001 = CONTRACT POSITION COSTS 71,487 1,489 1,459 74,435 111 71 119 169 760 293 2,289 3,812 1,373 5,306 915 7,594 1,312. 472 1,726 359 505 939 5,313 91,154 6,091 97,245 82,726 1,725 1,691 86,142 111 71 119 169 760 293 2,289 3,812 1,373 5,306 915 7,594 1,312 472 1,726 359 505 939 5,313 Attachment "B" 89,755 1,882 1,845 93,481 111 71 119 169 760 293 2,289 3,812 1 ,373 5,306 915 7,594 1,312 472 1,726 359 505 939 5,313 Attachment "B" Contract No. CO3 -14 104,726 0 0 104,726 111 71 1.19 169 760 293 2,289 3,812 1,312 472 1 ,726 359 505 939 5,313 105,612 0 0 105,612 . 111 71 119 169 760 293 2,289 3,812 1,373 1,373 5,306 5,306 915 915 - 7,594 7,594 1,312 472 1,726 359 505 939 5,313 111,613 0 0 111,613 111 71 119 169 760 293 2,289 3,812 1,373 5,306 915 7,594 _ 1,312 472 1,726 359 505 939 5,313 102,861 110,200 121,445 122,331 128,332 6,091 6,091 6,091 6,091 6,091 108,952 116,291 127,536 128,422 134,423 2/25/2003 Adjusted 2003 M/O Telephone Fuel Equipment/Technology for 2003 Property Room/Records Senior Administration & Sheriff LAW ENFORCEMENT SUPPORT UNITS 1,156,845 x 50% = 578,423 72,968 x50% = 36,484 178,600 x5o% = 89,300 176,690 x 50% = 88,345 743,811 x 50% = 371,906 103,427 103,427 * Amounts are estimate costs based on 2003 Budget - Adjustment for actual costs will be settled during Reconciliation per the contract. '50% is based on 2001 Calls for Service ;267:884; Iesu Attachment "C" 2/25/2003 SUBMITTED BY: Lee Walton CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -061 : DATE ACTION IS REQUESTED: March 6, 2003 APPROVED FOR COUNC ._ %PACKET: ity Manager Dept. Head Attorney Approve As To Form TITLE: Interlocal agreement regarding the confinement -work crew -work release at the Gieger Corrections Center ATTACHMENTS: a. Interlocal agreement with Spokane County. b. Geiger Center information and confinement program. TYPE OF ACTION: Ordinance Resolution Motion Other STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Authorize City Manager execute the Interlocal agreement with Spokane County regarding confinement of City prisoners at the Geiger Corrections Center DISCUSSION: The City has responsibility for housing offenders sentenced to confinement by the Municipal Court. The cost of this housing can be substantially reduced by incarcerating low /medium risk offenders at the Geiger Center which is a minimum security facility. In addition to confinement, offenders assigned to Geiger may also be eligible to participate in Work Release, Work Crew, or Electronic Monitoring programs. (See attached detail) Currents "room rates" are Confinement- $42.35, Work Release - 535.00 and Work Crew - $39.50. Electronic Monitoring is paid by the prisoner. ALTERNATIVES: 1. To utilize the County Jail for all City Prisoners at a much higher cost. 2. Contract with and transport City prisoners to other .Jurisdictions such as Yakima. FISCAL • IMPACT: SOURCE OF FUNDS:A mix of General Fund and other special revenues such as the gambling tax AMOUNT BUDGETED: To be determined, will depend upon estimates of work load. AMOUNT NEEDED FOR PROJECT: Return to: Daniela Erickson Spokane Valley Contract Clerk of the Board No. CO3 -15 1116 West Broadway Approved: Spokane, Washington 99260 INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND THE CITY OF SPOKANE VALLEY REGARDING CONFINEMENT -WORK CREW -WORK RELEASE (April 1, 2003 — December 31, 2004 with renewal right through December 31, 2006) THIS AGREEMENT, made and entered into by and among Spokane County, a political subdivision of the State of Washington, having offices for the transaction of business at 11.16 West Broadway Avenue, Spokane, Washington, 99260, hereinafter referred to as the "COUNTY," and 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 the "CI°rY," jointly hereinafter referred to as the "PARTIES." WITNESSETH: WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners of Spokane County has the care of county property and management of funds and business; and WHEREAS, pursuant to the provisions of RCW 70.48.210 and RCW 9.94A.135, the County has established and maintains the Geiger Corrections Center ( "Facility "), which provides confinement, work crew /work release programs; and WHEREAS, pursuant to the provisions of RCW 70.48.210 and RCW 9.94A.135, the City of Spokane Valley is authorized to establish and maintain confinement, work crew /work release programs; and WHEREAS, pursuant to the provisions of RCW 9.92.130, when a person has been sentenced by any municipal or district court judge in this State to a term of imprisonment in a city jail, such person may be compelled on each day of such term, except Sundays, to perform eight (8) hours' labor upon the streets, public buildings, and grounds of such city; an d Page 1 of 8 P:ICanuacislgeieer interlocal valley 0204031.doc WHEREAS, pursuant to the provisions of chapter 39.34 RCW, two or more public entities may jointly cooperate between each other to perform functions which each may individually perform; and WHEREAS, pursuant to the above -cited statutory provisions, the City of Spokane - Valley is desirous of entering into an agreement with Spokane County, wherein the County will provide confinement, work crew /work release programs for persons sentenced by a City of Spokane Valley Municipal Court Judge for violating City ordinances and /or State misdemeanor and gross misdemeanor laws and in conjunction therewith are authorized by court order to participate in a confinement, work crew /work release program. NOW, THEREFORE, for and in consideration of the mutual promises hereinafter contained, the PARTIES mutually agree as follows: SECTION NO. 1: SERVICES Under the ternis of this Agreement, COUNTY, through the Facility, will provide work confinement and work crew /work release programs to CITY for persons sentenced by any City of Spokane Valley Municipal Court Judge for violating city municipal ordinances and/or State misdemeanor and gross misdemeanor laws and when in conjunction with such sentencing are authorized by court order to participate in a confinement and work crew /work release programs. Housing provided by COUNTY at the Facility for either program shall be the same housing provided by the COUNTY for COUNTY persons participating in such programs at the Facility. Medical care provided by COUNTY to individuals receiving services under this Agreement shall be the same as the medical care provided to COUNTY individuals participating in work crew /work release programs at the Facility. Medical care shall be in accordance with the Correction Center's Policy Numbers 40.50 and 15.01. Provided, however, any and all medical care rendered under the terms of this Agreement to any individuals participating in the work crew /work release programs at the Facility which are rendered by community healthcare providers outside of the Facility, including but not necessarily limited to physicians and all hospital and clinic costs, shall be the sole responsibility of CITY or participant, not COUNTY. COUNTY shall advise all providers of outside medical care to forward all billings to CITY at the above address. Page 2 of 8 C:1Documents and Scttingslrmuller \My Ducuments\Document Local Hardrivc 13ackuplContracts\geiger interlocal valley 0204031.doc In the event that the Court orders any special services in conjunction with an individual participating in work crew /work release programs under the terms of this Agreement, it is agreed that COUNTY and CITY will renegotiate that fee as set forth in Section No. 3 herein concerning the special services. The terminology "work crew" shall mean a program of partial confinement wherein a person shall be housed at the Facility and while housed at such Facility shall participate in civic improvement tasks to be performed on public property. The terminology "work release" shall mean a program of partial confinement wherein a person shall be housed at the Facility and while housed at such Facility is employed or engaged as a student in a regular course of school. The PARTIES agree that there is limited space at the Facility. COUNTY reserves the right to screen all individuals CITY requests participate in work crew /work release services. COUNTY reserves the right to refuse to accept any individual if it is determined not in COUNTY'S best interest and/or there is no space available at the Facility. The determination of COUNTY in each of the above circumstances shall be final and binding. In instances where COUNTY provides a work crew /work release program under this Agreement, CITY shall be responsible for providing to COUNTY'S representative a list of City civic improvements, which may be work crew /work release projects. In conjunction with COUNTY providing those services set forth herein, COUNTY shall also provide any and all transportation to and from the Facility and Spokane County Jail which may be necessary in conjunction with COUNTY providing services to CITY under the terms of this Agreement. SECTION NO. 2: TER /TERMINATION This Agreement shall commence at 12:01 A.M. on April 1, 2003 and terminate at 12:00 P.M. on December 31., 2004. COUNTY will provide confinement work crew /work release services for CITY under the terms of this Agreement. Either Party reserves the right to terminate this Agreement for any reason upon thirty (30) days written notice. SECTION NO. 3: PAYMENT CITY will pay COUNTY, for calendar year 2003, $42.25 per day for each person participating in a confinement program, $39.50 per day for each person participating in a work crew program and $35.00 per day for each person participating in a work release Page 3 of 8 C:U)ocuimcnts and Scuings\rmuller'IA4y Documents\Document Local Hardrivc Backup\Contrnctslgciger interlocal valley 0204031.doc program under the terns of this Agreement. Invoices shall include supporting documentation to substantiate charges. For the purpose of this Section, a "day" shall include any period of time within a 24 -hour (day) time frame in which a person participates in a confinement, work crew, or work release program. The first day shall be a billable day and the last day shall not be a billable day. On or before September 1st of each year this Agreement is in effect, the PARTIES shall meet to negotiate a new fee for the subsequent year. Increased fees shall be based on increased costs to COUNTY in providing services hereunder, including, but not limited to, labor costs. SECTION NO. 4: NON- DISCRIiM:INATION No individual shall be excluded from participation in, denied the benefit of, subjected to discrimination under, or denied employment in the administration of or in connection with this Agreement because of race, color, creed, marital status, familial status, religion, sex, sexual orientation, national origin, Vietnam era or disabled veteran's status, age, or disability. COUNTY and CITY shall comply with all applicable federal, state and local nondiscrimination laws, regulations and policies. SECTION NO. 5: ASSIGNMENT This Agreement may not be assigned or transferred in whole or in part by either party without the express written consent of the other Party. SECTION NO. 6: MODIFICATION No modification or amendment of this Agreement shall be valid until the same is reduced to writing and executed with the same formalities as this present Agreement. SECTION NO. 7: NOTJCES All notices or other communications given hereunder shall be deemed given on: (i) 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 in writing to the other PARTIES: Page 4 of 8 C:IDocumcnis and Settineslrmuller4My Documcnts\D cument Local Hardrive Backup \Contracis\gciger interlocal valley 020403 I.doc COUNTY: CITY: Spokane County Chief Executive Officer or his/her authorized representative 1116 West Broadway Avenue Spokane, Washington 99260 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. 8: ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the PARTIES. No other understandings, oral or otherwise, regarding the subject matter of. this Agreement shall be deemed to exist or to bind any of the PARTIES hereto. CITY has read and understands all of this Agreement, and now states that no representation, promise or agreement not expressed in this Agreement has been made to induce CITY to execute the same. SECTION NO. 9: COMPLIANCE WITH LAWS The PARTIES shall comply with all applicable local, state and federal laws in performing their respective obligations under the terms of this Agreement. SECTION NO. 10: WAIVER No officer, employee, agent or otherwise of either party has the power, right or authority to waive any of the conditions or provisions to this Agreement. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. All remedies afforded in this Agreement or at law shall be taken and construed as cumulative, that is, in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions, nor in any way affect the validity of this Agreement or any part hereof, or the right of either party to hereafter enforce each and every such provision. SECTION NO. 11: RECORDS COUNTY shall keep true and accurate records to account for expenses charged CITY under this Agreement. CITY'S authorized representative shall have the right to inspect, at reasonable times and in a reasonable manner, all pertinent COUNTY records and to make copies thereof Page 5 of 8 C:IDocumcnts and Settings\rmulter\My Documents\Document local I Iardrive Backup\Contractsgeiger interlocal valley 0204031.doc SECTION NO. 12: PARTY'S AGENT COUNTY hereby appoints, and CITY hereby accepts the Geiger Corrections Center Director, or his designee, as COUNTY'S liaison for the purpose of administering this Agreement. CITY hereby appoints, and COUNTY hereby accepts, as CITY'S liaison for the purpose of administering this Agreement. SECTION NO. 13: VENUE STIPULATION 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 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. 14: LIABILITY COUNTY shall indemnify, defend and hold harmless CITY, its officers and employees from all claims, demands, or suits in law or equity arising from COUNTY'S negligence or breach or its obligations under the Agreement. COUNTY'S duty to indemnify shall not apply to liability caused by the sole negligence of CITY, its officers and employees. COUNTY'S duty to indemnify for liability arising from the concurrent negligence of CITY, its officers and employees and COUNTY, its officers and employees shall apply only to the extent of the negligence of COUNTY, its officers and employees. COUNTY'S duty to indemnify shall survive termination or expiration of the Agreement. COUNTY waives, with respect to CITY only, its immunity under RCW Title 51, Industrial Insurance. SECTION NO. 15: ACQUISITION OF REAL OR PERSONAL PROPERTY All real or personal property acquired by COUNTY with those fees as set forth in Section No. 3 hereinabove shall be and remain and the sole property of COUNTY. This Agreement shall not give any ownership interest in such real personal property to CITY. SECTION NO. 16: HEADINGS The section headings in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to, define, limit or extend the scope or intent of the sections to which they appertain. Page 6 of 8 C:U7ocumcnts and Seningslrmollcr \My Doeuments\Document Local Narclrivc I3sckup\Cc ntrnctsleeiger interlocal valley 020403 !Ace SECTION NO. 17: AGREEMENT TO BE FILET) The PA.RTTES hereto agree to assume their respective responsibilities as set forth in RCW 39.34.040 to file this Agreement with their respective City Clerk or Spokane County Auditor. SECTION NO. 18: INSURANCE During the term of the Agreement, COUNTY shall maintain in force at its own expense, each insurance noted below: (a) Worker's Compensation Insurance in compliance with RCW 51.12.020, which requires subject employers to provide workers' compensation coverage for all their subject workers and Employer's Liability or Stop Gap insurance in the amount of $5,000,000; (b) General Liability Insurance on an occurrence basis, with a combined single limit of not less than $10,000,000 each occurrence for bodily injury and property damage. It shall include contractual liability coverage for the indemnity provided under this Agreement; and (c) Automobile Liability Insurance with a combined single limit, or the equivalent of not less than $5,000,000 each accident for bodily injury and property damage, including coverage for owned, hired and non - owned vehicles. (d) Professional Liability Insurance with a combined single limit of not less than $5,000,000 each claim, incident or occurrence. This is to cover damages caused by the error, omission, or negligent acts related to the professional services to be provided under this Agreement. The coverage must remain in effect for two years after the Agreement is completed. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days written notice from the County or its insurer(s) to the CITY. As evidence of the insurance coverages required by this Agreement, COUNTY shall furnish acceptable insurance certificates to CITY at the time it returns the signed Agreement. The certificate shall include applicable policy endorsements, the 30 -day cancellation clause, and the deduction or retention level. If requested, complete copies of insurance policies shall be Page 7 of 8 C:1Documcnts and settings\rmuller1My Documcnts\Documelt Local liardrive Backup \Contracts\geiger interlocal valley 0204&31.doc provided to CITY. COUNTY shall be financially responsible for all pertinent deductibles, self.- insured retentions, and/or self - insurance. SECTION NO. 19: 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 Agreement. IN WITNESS 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: VICKY M. DALTON CLERK OF THE BOARD BY: Daniela Erickson, Deputy M. KATE MCCASLIN DATED: CITY OF SPOKANE VALLEY: Attest: By: Its: Acting City Clerk (Title) Approved as to form only: Acting City Attorney H:\Valley Cent: ictslgcigcr intcrlocal vallcy020403.dnc JOHN ROSKELLEY, Chair PFIILLIP D. HARRIS, Vice -Chair Page 8 of 8 C:1Documcnts and ScuingslrmulIcrtN9y Docurneaus \Docurnent Local Hardrivc Backup \Contractslgcigcr intcrlocal vallcy 0204031.doc CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -062 DATE ACTION IS REQUESTED: March 6, 2003 TITLE: Municipal Court TYPE OF ACTION: Services Ordinance APPROVED FOR COUN_ I PACKET: ATTACHMENTS: Resolution Interlocal Agreement No. CO3- City Manager 10 Motion Dept. Head X Other Attorney Approve As To Form SUBMITTED BY: Interim City Manager STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Authorize execution by City Manager of Interlocal Agreement No. CO3 -I0 for municipal court services. DISCUSSION: This agreement has been in negotiation between the City of Spokane Valley staff and Spokane County staff for several weeks. The City Council reviewed the draft agreement during the February 27, 2003 study session. The proposed agreement has been drafted in accordance with the provisions of state RCW 39.34 and provides for the City of Spokane Valley to utilize the Spokane County District/Municipal Court for the purpose of adjudicating and sentencing cases which occur within the corporate boundaries of the City of Spokane Valley. ALTERNATIVES: Establish a City municipal court and utilize City staff t perform all functions relating to providing municipal court services. FISCAL, IMPACT: SOURCE OF FUNDS: General fund AMOUNT BUDGETED: Budget under development AMOUNT NEEDED FOR PROJECT: S610,621.50 for the year 2003 Return to: Spokane Valley Contract No. CO3 -10 Approved: THIS AGR.E:EME.INTT, made and entered into by and among the Spokane County District/Municipal Court, having offices for the transaction of business at 1100 West Mallon, Spokane, Washington 99260, hereinafter referred to as "COURT," Spokane County, having offices for the transaction of business at 1116 West .Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as "BOARD," together sometimes referred to along with the COURT_ 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." Danicla Erickson Clerk of the Board 1116 West Broadway Spokane, Washington 99260 INTERLOCAL AGREEMENT FOR COSTS ENCHANT TO ADJUDICATION OF MISDEMEANOR AND GROSS MISDEMEANOR OFFENSES SERVICES IN THE CITY OF SPOKANE VALLEY (April 1, 2003 - December 31, 2004) Page of 8 WITNESSETH: WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Conunissioners of Spokane County 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 midnight, March 31, 2003, as its official date of incorporation and upon that date will continence 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 COUNTY to CITY; and WHEREAS, chapter 39.34 RCW . (Interlocal Cooperation Act), authorizes counties and cities to contract with each other to perform certain functions which each may legally perform; and WHEREAS pursuant to the provisions of RCW 39.34.180, the City of Spokane Valley is responsible for the costs incident to investigation, prosecution, adjudication and incarceration of misdemeanor and gross misdemeanor offenses that occur within its jurisdiction and that are committed by adults; and WHEREAS, Spokane County has established the Spokane County District/Municipal Court under the provisions of chapter 3.38 RCW for the judicial administration of the laws of the State of Washington and the ordinances of Spokane County. The Spokane County District/Municipal Court consists of one district encompassing all of Spokane County; and WHEREAS, the City of Spokane Valley desires to utilize the services of the Spokane County District /Municipal Court for the purpose of adjudicating and sentencing cases, hereinafter "Court Services," which occur within the City of Spokane Valley's boundaries and are referred to the Spokane County District/Municipal Court where the initial charge is (i) an infraction and/or (ii) a misdemeanor or gross misdemeanor offense committed by an adult, and /or (iii) a violation of the City of Spokane Valley's ordinances which constitutes a misdemeanor. NOW THEREFORE for and in consideration of the mutual promises set forth hereinafter and as provided for in the above - referenced recitals, the PAR EIES do hereby agree as follows: SECTION NO. 1: PURPOSE The purpose of this Agreement is to set forth the PARTIES' understanding as to the terms and conditions under which COUNTY will provide Court Services to CITY. For the purpose of this Agreement, "Count Services" is further described in Section No. 4 herein below. SECTION NO. 2: DURATION This Agreement shall be effective at 12:01 A.M. on April 1, 2003, and run through 12:00 P.M. December 31, 2004, unless one or all of the PARTIES give notice of termination as provided for in Section No. 5 and Section No. 10 of this Agreement. SECTION NO. 3: COST OF SERVICES AND PAYMENTS CITY shall pay COUNTY the actual costs for Court Services provided under this Agreement as outlined below. The calculation of costs for Court Services under this Agreement utilizes methodologies set forth in Attachment "A," attached hereto and incorporated herein by reference. In 2004, PARTIES agree to revise the costs for 2004 Court Services based on the 2004 budget adopted by the RO.ARD for the COURT. The PARTIES further agree to review the methodologies used in Attachment "A," including the actual number of cases COURT handled for CITY in 2003 to_ ensure that CITY'S share of costs for Court Services is appropriate. Any disagreement between CITY and COUNTY with respect to the methodologies shall be resolved by mediation as provided in Section No. 13 herein below. Provided, the PARTIES agree that CITY shall be Page of 8 2 responsible for its proportionate share of the Court Services so that COUNTY is not financially subsidizing Court Services to the CITY. A. Personnel. CITY shall pay COUNTY Y the sum of SIX HUNDRED AND TEN THOUSAND SIX HUNDRED TWENTY-ONE DOLLARS and 50/100 (5610,621.50) in calendar year 2003 to be allocated toward the personnel- related costs of the following positions: I) One and a third (1.33) Judges (salary based upon RCW 3.58.010); 2) A half ('Y2) Secretary (salary determined by averaging all salaries of secretaries and then multiplying by a half); 3) Two and a third (2.33) Bailiffs (salary determined by averaging all salaries of Bailiffs and multiplying by two and a third); 4) One (1) Administration Support; (salary determined by averaging all Administration staff salaries); 5) One (1) Court Commissioner (salary based upon RCW 3.42.040); and 6) Nine (9) Clerks of the Court (salary determined by averaging all clerical employees salaries and multiplying by 9). The PARTIES recognize that the above sum may be modified as a result of: . (1) a cost of living (COLA) adjustment as authorized by COUNTY for listed positions; and/or (2) salary increases including those authorized for the judges /court conun.issioner(s) pursuant to RCW 3.58.010 and RCW 3.42.040. 11n the event that any of these actions occur, the above sum shall be increased to recognize such occurrences for the calendar year. Further, the monthly payments for the calendar year shall be increased in an amount to include the increased compensation. B. Maintenance and Operation Costs. CITY shall also pay COUNTY the sum of SIYTY- 1'HREE THOUSAND DOLLARS (563,000) in calendar year 2003 to be allocated toward the following items: 1) Law books /CD LAW license fees; 2) Pro tem fees; 3) R.epai and maintenance contract costs of courtroom electronic recording equipment, Burster, and Moore Detacher; 4) Repair and maintenance contract costs of fax machines; 5) Shared office supplies; 6) Incidental wiring and repair costs of Judges' and Commissioners' PC's; 7) Judges' and Court Commissioners' travel, registration, robes and juror's workers compensation liability insurance; and 8) Reimbursement for Judges', Court Commissioners' and Administrators' annual association dues. The PARTIES reco nine that the above - listed sum is an estimate of the maintenance and operation costs for the listed items. Estimating the actual budgeted costs and then allocating CITY 28% of these costs for calendar year 2003 was used to calculate the above. In the event that actual cost of the listed items exceeds or falls short of the above -listed sum, the monthly payments shall be Page of 8 3 increased/decreased in an amount so that the total sum paid for calendar year 2003 and 2004 represents 28% of the actual maintenance and operation costs for the listed items. C. Indirect Costs. CITY shall also pay COUNTY the sure of ONE HUNDRED SIXTY FOUR THOUSAND THREE HUNDRED EIC ;HTY- -THREE DOLLARS and 75/100 ($124,383.75) which represents CITY'S share of the indirect costs attributable for those full -time equivalent COUNTY employees assigned to COURT operations. Indirect costs include, liability insurance, administrative services, Human Resources, Information Systems and other indirect and overhead costs borne by COUNTY. COUNTY will bill CITY monthly for the cost of all services as outlined above during the first week of the month. 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 been timely paid and invested in the Spokane County Treasurer's Investment Pool. SECTION NO. 4: SERVICES PROVIDED COURT shall operate the Spokane Valley Municipal Court (hereinafter "Municipal Court") for CITY. The Municipal Court shall have jurisdiction over matters arising from CITY'S ordinances, as provided in RCV 3.46.030, as well as those matters CITY is financially responsible for pursuant to RCW 39.34.180. COUNTY, as provided by law, shall distribute all fines, penalties, court costs and other fees collected by the Municipal Court under the terms of this Agreement that are owing and due to CITY. Such moneys shall be distributed to CITY within the same time frame that COUNTY distributes moneys other municipalities/agencies. CITY shall be responsible for distributing the proportionate share of said moneys to the appropriate state agencies as.required by law. SECTION NO. 5: NOTICE r 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 the PARTIES at the address set forth below for such Party, or at such other address as PARTIES shall from tune -to -tune designate by notice in writing to the other PARTIES: COUNT Y: COURT: Spokane County Chief Executive Officer or his/her authorized representative 1116 West Broadway Avenue Spokane, Washington 99260 Spokane District Court - Presiding Judge Spokane County District Court 1100 West Mallon Avenue Spokane, Washington 99260 Page of 8 4 CiTY: SECTION NO. 6: COUNTERPARTS SECTION NO. 7: ASSiGN1Vf.FNT SECTION NO. 8: LIABILITY City of Spokane Valley City Manager or his/her authorized representative Redwood Plaza 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 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. No Party may assign, in whole or in part, its interest in this Agreement without the approval of all other PARTIES. COUNTY shall defend, indemnify and hold harmless CITY from all claims, demands, or suits in law or equity arising from COUNTY'S /COURT'S negligence or breach of its obligations under the Agreement. COUNTY'S duty to indemnify shall not apply to liability caused by the sole negligence of CITY, its officers and employees. COUNTY'S duty to indemnify for liability arising from the concurrent negligence of ,CITY, its officers and employees and COUNTY /COURT, its officers and employees shall apply only to the extent of the negligence of COUNTY /COURT, its officers and employees. COUNTY'S duty to indemnify shall survive termination or expiration of. the Agreement. COUNTY waives, with respect to CITY only, its immunity under RC \V Title 51, Industrial Insurance. SECTION NO. 9: RELATIONSHIP OF THE PARTIES The PARTIES intend that an independent contractor relationship will be created by this Agreement. No agent, employee, servant or representative of COUNTY /COURT shall be deemed to be an employee, agent, servant or representative of CITY for any purpose. Likewise, no agent, employee, servant or representative of. the CITY shall be deemed to be an employee, agent, servant or representative of COUNTY /COURT for any purpose. SECTION NO. 10: MODIFICATION OR TERMTNATiON This Agreement may be modified in writing by mutual agreement of the PARTIES. Any Party may terminate this Agreement for any reason whatsoever upon a minimum of 180 days written notice to the other PARTIES. Page of 8 5 Upon termination, CITY shall be obligated to pay for only those Court Services rendered prior to the date of withdrawal based upon a pro rata division of those costs in Section No. 3 herein above. Termination of this Agreement shall not impose a requirement on COUNTY to provide for the funding or handling of cases addressed by this Agreement that are filed/referred after the effective date of termination. Upon termination COUNTY shall continue to provide services to completion for those cases filed prior to the effective date of the termination. SECTION NO. 11: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized in association with applicable CITY cases shall remain with the original owner, unless specifically and mutually agreed by the PARTIES to this Agreement. SECTION NO. 12: ALL WRITINGS CONTAINED HEREIN/BINDING EFFECT This Agreement contains terns and conditions agreed upon by the PAR.IJES. 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 PAR F.LES hereto, their successors and assigns. SECTION NO. 13: DISPUTE RESOLUTION Any dispute arnong the PARTIES with respect to the methodologies used to calculate the 2004 costs of Court Services to CITY under the terms of this Agreement that cannot be resolved between/among the applicable PARTIES shall be subject to binding arbitration. Provided, however, COURT'S independent right to run COURT shall not be subject to this dispute resolution provision. COUNTY and CITY shall each have the right to designate a person 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. The costs of the arbitration panel shall be jointly split between the PAR LIES involved in the arbitration. The decision of the arbitration panel shall be binding and not subject to judicial review. Page of 8 6 SECTION NO. 14: 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 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. 15: 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, terra or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. SECTION NO. 16: 1=1L+'ADDIGS 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. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: SPOKANE COUNTY MUNICIPAL/DISTRICT COURT: ATTEST: VICKY M. DALTON . CLERK OF TILT' BOARD BY: Daniela Erickson, Deputy By: Its: DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE, COUNTY, WASHINGTON JOHN ROSKELLEY, Chair PHILLIP D. HARRIS, Vice -Chair M. KATE MCCASLiN Page of 8 7 DATED: CITY OF SPOKANE VALLEY: Attest: City Clerk Approved as to form only: Acting City Attorney By: Its: F:IValley Cit Draft Contracts Wjudicatiantiadjudication services valley 022503- final.doc (Title) Page of 8 8 Spokane Valley Contract No. CO3 -10 Approved: Purpose: Databases and Sources of Information: 1) CAD (Computer Aided Dispatch), RIMS (Records Management System) and JM'MIS (Jail Management System) as compiled and interpreted by Sheriff's Department personnel; 2) Arrest statistics from Capt. Mike Dubee, Washington State Patrol; 3) JIS (Justice Information System), court filing information through the Administrative Office of the Courts as compiled by court personnel. • Methodologies: 1) • Conduct in -house manual surveys of caseload filings for the period June 1 through September 30, 2002, to determine the Valley caseload; 2) Develop sorting parameters through BRIO (JIS) to measure historical filings by LEA and by offense category; 3) Compare and contrast infraction and criminal activity estimates developed by the Spokane Sheriff Department with that compiled from special BRIO reports of the ES system in Spokane District Court and with the manual survey conducted by District Court personnel. Purpose: Test reliability of our own and the Sheriffs reporting of Valley cases. 4) Determine most reliable caseload information from that provided; 5) Converting caseload information to workload measures, as a percentage of the District Court total workload. a) Calculate staffing, M & 0 and Indirect Costs for the workload in the Valley; b) Calculate costs using "cost per case" figures for 2002. Page 1 of 3 SPOKANE DISTRICT COURT STATISTICS SPOKANE VALLEY 1) Utilizing one or more methodologies, identify caseload statistics attributable and chargeable as Spokane Valley municipal court services; 2) Calculate anticipated costs of providing those municipal court services given the workload /caseload calculated in (1); a) Using costs per case calculations, similar to those for Liberty Lake, et al b) Using resource cost estimates allocable to the cases in the new city, similar to the city of Spokane lnterlocal Agreement. ATTACHMENT "A" CAST. TYPE 2002 Projections Index . ' ... Count. * index Valley Infra_ ctions 62,853 .60 37,712 .35 13,199 ll Ul 2,091 .23 481 .68 327 CriiiilTraf 4,199 .70 2,939 .55 1,705 Crim NT 2,179 .64 1,394 .55 767 DV ,- - 1,439 .90 1,295 .55 712 TOTAL 72,761 16,710 Cautionary Note: The following caseload estimates for the City of Spokane Valley are hosed on historical data for the years of 2000 and 2001 and the _first 9 months of 2002. Since April of 2002, however, the entire county has experienced a surge in case . filings, e.g. average of 59% increase in infractions, 53% increase in DUI arrests, and a 1 7% increase in other criminal filings. This trend is not fully considered in these caseload/workload estimates. * County includes all law enforcement activity which could be chargeable to a municipality but is currently provided by county law enforcement agencies, i.e. Animal Control, Sheriff's Department. This column does not include WSP citations, Burlington Northern, Dept. of Fish and Wildlife, Dept. of Fisheries, Labor and Industries, State Dept. of Natural Resources, State Dept. of Social and Health Services, Union Pacific Railroad, State Utilities and Transportation, Department of Wildlife or any other state law enforcement agency. Summary and Conclusion: Page 2 of 3 2002 infraction /Criminal Filing Projections Mier culling out the relevant numbers from the Sheriff Department report, entitled "Statistical Analysis of Valley City Arrests ", and comparing these with the numbers arrived from our "in- house" survey of case filings for the period June 1, 2002 - September 30, 2002, and further comparing these with a special BRIO report from JJS, conducted by the Court's Computer Applications Assistant, it is our conclusion that the estimate of caseload flings for the City of Spokane Valley are reliable and may be used to project staffing needs for the delivery of municipal court services and to estimate projected costs for these cases based on both a cost per case basis and a weighted workload analysis. The one exception to the analysis is that for Infraction filings. The report indicates that RIM did not enter infraction data for the last half of 2001 and, therefore, we rely on HS statistics for that figure. - OPTION L. RCW 3.45 • MUNICIPAL COURT DEPARTMENT VALLEY COURT STAFFING AND ANNUAL BUDGET Judges * 1.33 5180,828 Commissioners` ' 1.0 116,235 Bailiffs. 2.33 _ 84,724 Secretaries 0.5 21,646 . Admin. Support 1.0 58,342 - Clerks Office 9.0 352,387 ',Ilncludes U.V. case handling TOTAL S &W ' 1 FTE ; 5814,162 M & O .28 81,629 INDIRECT' COSTS S '.2037 $1 TOTAL ANNUALIZED COSTS 5 1,061,636 Page 3 of 3 DATE ACTION IS REQUESTED: March 6, 2003 APPROVED FOR COUt.`CIL PACKET: City Manager Dept. Head Attorney Approve As To Form SUBMITTED BY: Interim City Manager CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -063 TITLE: Prosecution Services TYPE OF ACTION: ATTACHMENTS: Interlocal Agreement No. CO3- 11 Ordinance Resolution Motion X Other STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Authorize execution by the City Manager of Interlocal Agreement No. CO3 -1 with Spokane County for prosecution services. DISCUSSION: This agreement has been in negotiation between the City of Spokane Valley staff and Spokane County staff for several weeks. The City Council reviewed the draft agreement during the February 27, 2003 study session. The proposed agreement has been drafted in accordance with the provisions of state RCW 39.34 and provides for the City of Spokane Valley to utilize the Spokane County Prosecuting Attorney for the purpose of prosecuting applicable cases within the corporate boundaries of the City of Spokane Valley. ALTERNATIVES: (a) Publish a Request for Qualifications (RFQ) to secure services ofa private attorney or firm to perforce prosecution services for Spokane Valley; or (b) seek services of another City or County Prosecuting Attorney and negotiate agreement for services. FISCAL IMPACT: SOURCE OF FUNDS: General fund AMOUNT BUDGETED: Budget now in development AMOUNT NEEDED FOR PROJECT: S271,621.50 for the year 2003 plus S78.76/hour for violations of City misdemeanor zoning and/or animal control ordinances. Return to: J)aniela Erickson Spokane N'alley Contract Clerk of the Board No. CO3 -1 1 1116 West Broadway Approved: Spokane, Washington 99260 1NfERLOCAL AGREEMENT FOR PROSECUTION SERVICES IN THE CITY OF SPOKANE VALLEY (April 1, 2003 - December 31, 2004) THIS AGREEMENT, made and entered into by and among the Spokane County Prosecuting Attorney, having offices for the transaction of business at 1100 West Mallon, Spokane, Washington 99260, hereinafter referred to as "PROSECUTOR," .Spokane County, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as "BOARD," together sometimes referred to along with the PROSECUTOR 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 midnight, March 31, 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 (Interlocal Cooperation Act), authorizes counties and cities to contract with each other to perform certain functions which each may legally perform; and 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 Page of 9 1 WHEREAS, the City of Spokane Valley desires to utilize the services of the Spokane County Prosecuting Attorney for the purpose of prosecuting cases where the initial charge is (i) an infraction; andlor (ii) a violation of a state statute punishable as a misdemeanor or gross misdemeanor offense committed by an adult; andlor (iii) a violation of a City of Spokane Valley zoning/animal control ordinance punishable as a misdemeanor, all of which occur within the jurisdiction of the City of Spokane Valley and which are forwarded to the Spokane County Prosecutor, hereinafter referred to as "Prosecution 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 PROSECUTOR will provide "Prosecution Services" on behalf of CITY. Prosecution Services are defined in Section No. 4 hereinafter. It is the intent of the PARTIES that Prosecution Services to be provided by PROSECUTOR will be consistent with CITY'S Council/Manager form of government provided for in chapter 35A.13 R.CW. 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 or all of the PARTIES provide notice of termination as further described in Sections No. 5 and 10 of this Agreement. SECTION NO. 3: COST OF SERVICES AND PAYMENTS CITY shall pay COUNTY the actual costs for Prosecution Services provided under this Agreement. The estimated cost for Prosecution Services under this Agreement for 2003 shall be as follows: 1. $248,484 for Prosecution of misdemeanor and gross misdemeanors; 2. $23,137.50 for infractions occurring in CiTY; and 3. $78.76 per hour for Prosecution of violations of CITY misdemeanor zoning andlor animal control ordinances. CITY'S estimated cost was arrived at by using those methodologies set forth in Attachment "A," attached hereto and incorporated herein by reference. The PAR17E'S agree to use those same methodologies contained in Attachment "A" to arrive at the estimated costs for calendar year 2004 Prosecution Services. The PARTIES recognize that the costs will more than likely increase in 2004. For instance, Deputy Prosecuting Attorneys andlor support staff may receive salary adjustments by the BOARD or the maintenance and operation expenses of PROSECUTOR'S office may increase. These increases or potential decreases will be reflected in the figures used in the methodologies for calculating the CITY'S 2004 estimated costs. Additionally, the methodologies will use the Spokane County Geo -Coded Page of 9 2 Analysis Report ( "Report "). This Report tracts the actual number of cases falling within category 1 or 2 herein above. At the end of calendar year 2003 and calendar year 2004, using actual M &O expenditures as well as actual numbers in the Report for each year, COUNTY will determine respectively whether or not the estimated M &O numbers and percentage number used as the basis for calculating costs for Item No. 1 and 2 above 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 Prosecution Services were performed. COUNTY will bill CITY for the cost of services as outlined, monthly, during the first week of the month. Monthly payments will based by dividing those costs set forth herein above for Item No. 1 and 2 by nine (9) and actual costs for Item No. 3. 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 been timely paid and invested in the Spokane County Treasurer's investment Pool. SECTION NO. 4: SERVICES PROVIDED 4.1 Base Services - For the purpose of this Agreement, Prosecutor Services shall include prosecution of violations of state statutes that are punishable as misdemeanor or gross misdemeanor offenses that occur within CITY'S jurisdiction and that are committed by adults as well as any appeals to Superior Court, Washington State Court of Appeal, or Washington State Supreme Court. PROSECUTOR retains sole prosecutorial discretion in conjunction with providing Prosecutor Services under the terms of this Agreement from charging decisions through complete disposition of the case, including appeals to Superior Court, Washington State Court of Appeals, or Washington State Supreme Court. PROSECUTOR agrees to represent CITY only in contested traffic infractions. PROSECUTOR also agrees, when requested, to represent CITY with respect to criminal violations of its zoning ordinances and/or animal control ordinances at the hourly rate set forth above. PROVIDED, such representation shall not include challenges to the constitutionality of any zoning ordinance or animal control ordinance. 4.3 Enhanced Services - CITY hereby agrees to pay for Enhanced Prosecution Services separately. Enhanced Prosecution Services include unique circumstances not contemplated by the PARTIES at the time the estimated costs were set for any calendar year, such as enhanced prosecution of a particular crime, mass arrests and/or requests for prosecution of rioters and/or protestors. PROSECTUOR. will advise the CiTY Manager as soon as possible of the likelihood enhanced prosecution services. CITY will pay PROSECUTOR all actual costs for Enhanced Prosecution Services. PROSECUTOR will keep time records for all such costs. Billings for Enhanced Prosecution Services will occur along with the monthly billing for Base Services in accordance with Section No. 3 hereinabove. Page of 9 3 CiTY agrees to direct its Police Chief to take appropriate action to insure police officers and CiTY staff are available at no cost to PROSECUTOR for all trials or judicial proceedings where PROSECUTOR. determines their presence necessary. All misdemeanor gross misdemeanor, zon.i.ng and/or animal control services to be provided by PROSECUTOR in courts under the terms of this Agreement shall be provided in courts located within the Spokane County Courthouse Complex. All traffic infraction services to be provided by PROSECUTOR in courts under the terms of this Agreement shall be provided in either courts located within the Spokane County Courthouse Complex or courtroom(s) in the Spokane Valley precinct. In the event CITY requests such court services be provided at a location other than that provided for herein, the PARTIES agree to meet and mutually negotiate any and all increased/decreased costs to PROSECUTOR in providing such court services at such additional location(s). CITY further recognizes that a change in working location is a change in "working conditions." PROSECUTOR will need to negotiate changes in working locations with affected bargaining units. PROSECUTOR or his designee agrees to attend staff meetings as requested by the CITY Manager. PROSECUTOR or his designee further agrees to meet upon request by the CITY Manager or his/her designee to discuss any Prosecution Service provided under the terms of this Agreement. CITY agrees PROSECUTOR will use PROSECUTOR'S stationary in conjunction with providing Prosecution 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 commtmications 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 in writing to the other PARTIES: COUNTY: PROSECUTOR: Steven J. Tucker Spokane County Prosecuting Attorney's Office 1100 West Mallon Spokane, Washington 99260 CITY: Spokane County Chief Executive Officer or his /her authorized representative 1116 Nest Broadway Avenue Spokane, Washington 99260 City of Spokane Valley City Manager or his/her authorized representative Redwood Plaza 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 Page of 9 4 SECTION NO. 6: REPORTING PROSECUTOR shall provide a mutually acceptable quarterly report to CITY that will contain information relating to Prosecution 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. SECTION NO. 8: ASSIGNMENT No party may assign in whole or part its interest in this Agreement without the written approval of all other PARTIES. Provided, however, CITY agrees that in instances of conflict, PROSECUTOR may appoint special deputies as provided for in RCW 36.27.040 at no additional cost to CITY. SECTION NO. 9: DEPUTY PROSECUTOR ASSIGNMENT, RETENTION, DISCIPLINE, AND HIRING. PROSECUTOR shall hire, assign, retain and discipline all employees performing Prosecution Services under this Agreement according to collective bargaining agreements and applicable state and federal laws. PROSECUTOR agrees to meet and confer with CiTY with respect to staff who are assigned to provide Prosecution Services. Issues of discipline or performance will be specifically handled according to PROSECUTOR policies. 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 clai.ms, 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, Toss, 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 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 ernployees, 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 Page of 9 5 pursuant to this Agreement. in the event that any suit based upon such claim, action, Toss, 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 COUN"1'Y, 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 natters contained in this Agreement with coverages of not less than $5,000,000 per occurrence with $5,000,000 aggregate limits including for PROSECUTOR deputies professional liability and auto liability coverages. SECTION NO. 11: RELATIONSHIP OF THE PARTIES 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. 1 MODIFICATION /WITHDRAWAL This Agreement may be modified in writing by mutual written agreement of the PARTIES. Any Party may withdraw from this Agreement upon a minimum of 90 days written notice to the other PARTIES. Upon withdrawal, CITY shall be obligated to pay for only those Prosecution Services rendered prior to the date of withdrawal based upon a pro rata division of those costs set forth in Section No. 3 for items 1 and 2 listed therein. item 3 shall be based on actual hours for which that service was provided. The withdrawal of CITY from this Agreement or end of the term shall not impose a requirement on PROSECUTOR to provide for the funding or handling of cases addressed by this Agreement that are filed after the effective date of withdrawal or termination. Upon withdrawal or termination, at CITY'S option and at no cost to CITY, PROSECUTOR. shall continue to provide services to completion for those cases filed prior to the effective date of the withdrawal. Page of 9 6 SECTION NO. 13: PROPERTY AND EQUIPMENT The ownership of all property and equipment uti.lired in association with CITY cases shall remain with the original owner, unless specifically and mutually agreed by the PARTIES to this Agreement. SECTION NO. 14: ALL WRITIINGS CONTAINED HEREIN/BINDING E.F. FECT 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 PARTIES with respect to the methodologies used to calculate the 2004 costs of Prosecution Services under the terms of this Agreement or the Report numbers referenced in Section 3 herein, which cannot be, resolved beb,veen/among the applicable PARTIES shall be subject to binding arbitration. The PROSECUTOR/COUNTY acting as one party and CITY a party 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 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. 1.7: 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 Page of 9 7 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 confomi to such statutory provision. SECTION NO. 18: RECORDS All public records prepared, owned, used or retained by PROSECTUOR in conjunction with providing Prosecution 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 the attorney client and work product privileges set forth in statue, court rule or case law. PROSECUTOR will notify CITY of any public disclosure request under chapter 42.17 RCW for copies or viewing of such records as well as the PROSECUTOR'S response thereto. SECTION NO. 19: ASSURANCE COUNTY and PROSECUTOR represent and assure CITY that no other city or town will receive more favored treatment in receipt of Prosecution 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. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: SPOKANE COUNTY PROSECUTING ATTORNEY: STEVEN J. TUCKER Page of 9 8 DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE, COUNTY, WASHINGTON ATTEST: VICKY M. DALTON CLERK OF TFIE BOARD 13Y: Approved as to form only: Acting City Attorney O:Walley City\Dr fl Contracts'P osccutorlprosecution services valley 022503 -f nal.doc JOHN ROSKELLEY, Chair PHILLIP D. HARRIS, Vice -Chair Daniela Erickson, Deputy M. KATE MCCASLIN DATED: CITY OF SPOKANE VALLEY: Attest: By: Its: City Clerk (Title) Page of 9 9 Spokane Valley Contract No. CO3 -11 Approved: Spokane County Prosecutor's Methodology for Calculating City of Spokane Valley Prosecution Services When using the cumulative amount over the last three years the anticipated amount of misdemeanor work generated by the new Valley City equals 32.27% of the Spokane County Prosecutor's misdemeanor budget. The general misdemeanor budget does not include the Infraction Budget. Spokane County Total Misdemeanor Budget for 2003 $ 1,026,687.08 This includes: 8 Misdemeanor Deputies $ 510,647.00 9.7 Direct support Staff $ 340,619.10 8 /59 :ths Chief Criminal Dep. $ 14,497.90 Allocation of Co. Prosecutor $ 5,677.88 8 /70'ths of Dept. Admin. Staff $ 21,742.40 Total Salaries and Benefits $ 893,184.28 Total Misd. M&O + $ 56,421.00 Tot. Indirect Costs @ 8.63% + $ 77,081.80 = $ 1,026,687.08 Page of 4 ATTACHMENT "A" Spokane Valley Contract No. CO3 -11 Approved: Spokane County Prosecutor Infraction Budget : INFRACTIONS $ 87,023 INFRACTION BUDGET Spokane County Prosecutor Budget for Infractions % Of Infractions occurring in the new Valley City = 35.45% Total Budget Amount $ 87,023 $ 30,850* *This number represents a 12 month infraction budget. April 1, 2003 through December 31, 2003 would be $23,137.50. Page 2of 4 2000 First 6 months 2001 12 Month AVG. Number of County Infractions cases received from the Sheriff's Office 24,507 12,981 24,992 Valley Infractions from Sheriff 8,750 4,540 8 Valley % of All Infractions 35.70% 34.97% 35.45% Spokane Valley Contract No. CO3 -11 Approved: Spokane County Prosecutor Infraction Budget : INFRACTIONS $ 87,023 INFRACTION BUDGET Spokane County Prosecutor Budget for Infractions % Of Infractions occurring in the new Valley City = 35.45% Total Budget Amount $ 87,023 $ 30,850* *This number represents a 12 month infraction budget. April 1, 2003 through December 31, 2003 would be $23,137.50. Page 2of 4 MISDEMEANOR BUDGET BREAKDOWN CUMULATIVE TOTAL 2000, 2001, 2002 Avg. # of Cases Cum. Totals % Of Total Budget Total Budget Amount 8036 100% 1,026,687 LESS: Budget for WSP Cases 2666 33.17% 340,552 Other Agencies (Airport, DNR etc.) 532 6.62% 67,967 ** Sheriff Cases outside New City 2245 27.94% 286,856 ** Sheriff Cases inside New City 2593 32.27% 331,312 * ** Spokane Valley Contract No. CO3 -11 Approved: ** These numbers are derived from the Spokane County Sheriff's Geo -Coded Analysis Report. The percentage of charges in the Gco -Coded Summary is then applied to the actual cases within our office. * ** This number represents a 12 month misdemeanor budget. April 1, 2003 through December 31, 2003 would be $248,484. Page 3of 4 Spokane Valley Contract No. CO3 -11 Approved: COSTS FOR PROSECUTION OF CITY MISDEMEANOR ZONING AND /OR ANIMAL CONTROL ORDINANCES Spokane County Civil Dept Valley Charges Hourly rate 2003 Benefits M &O allocation _ total M &O M &O allocation annual paid hours Indirect cost allocation Page 4of 4 Atty2 S3 Hourly rate salary & benefits 35.41 1/48 2.08% 368526 7677.63 1950 3.94 8.63% 3.06 TOTAL ATTORNEY COST PER HOUR $42.40 Hourly rate 2003 paralegal2 S7 $18.31 Benefits 6.35 $35,706 $48,094 0.34 Hourly rate salary & benefits 24.66 Indirect cost allocation 8.63% 2.13 TOTAL PARALEGAL COST PER HOUR $26.79 ATTORNEY AND PARALEGAL COST PER HOUR $69.19* INC'L MAO AND INDIRECT COST ALLOCATION Salary + Salary, Benefits Benef 29.28 6.13 $57,098 $69,045.44 0.209: *This hourly rate may change depending upon the seniority of the Deputy Prosecuting Attorney handling the prosecution. SUBMITTED BY: Interim City Manager CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -064 DATE ACTION 1S TITLE: Public Defender TYPE OF ACTION: REQUESTED: Services March 6, 2003 Ordinance APPROVED FOR CO CIL PACKET: ATTACHMENTS: Resolution Interlocal Agreement No. CO3- City Manager 12 Motion Dept.: Head X Other Attorney Approve As To Form STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Authorize execution by the City Manager of Interlocal Agreement No. CO3 -12 for public defender services. DISCUSSION: This agreement has been in negotiation between the City of Spokane Valley staff and Spokane County staff for several weeks. The City Council reviewed the draft agreement during the February 27, 2003 study session. The proposed agreement has been drafted in accordance with the provisions of state RCW 39.34 and provides for the City of Spokane Valley to utilize services of the Spokane County Public Defender for the purpose of providing representation to indigents needing these services for certain offenses. ALTERNATIVES: (a) Publish a Request for Qualifications (RFQ) to secure services of a private attorney or firm to perform public defender services for Spokane Valley; or (b) seek services of another City or County Public Defender and negotiate agreement for services. FISCAL IMPACT: SOURCE OF FUNDS: General fund AMOUNT BUDGETED: Budget under development AMOUNT NEEDED FOR PROJECT: $260,946 for the year 2003 Return to: Danicla Erickson Spokane Valley Contract Clerk of the Board No. CO3 -12 1116 West Broadway Approved: Spokane, Washington 99260 INTERLOCAL AGREEMENT FOR PUBLIC DEFENDER SERVICES IN THE CITY OF SPOKANE VALLEY (April 1, 2003- December 31, 2004) THIS AGREEMENT, made and entered into by and among the Spokane County Public Defender, having offices for the transaction of business as 1033 %Vest Gardner, Gardner Court Building, Spokane Washington 99260 -0280, hereinafter referred to as "PUBLIC DEFENDER," Spokane County, having offices for the transaction of business at West 1116 Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as "BOARD," together sometimes referred to along with the PUBLIC DEFENDER 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, \Vashington 99206, hereinafter referred to as "CITY," jointly hereinafter referred to as the "PARTIES." W ITNESS£ +` T II: 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 midnight, March 31, 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 transferred from Spokane County to the City of Spokane Valley; and WHEREAS, chapter 39.34 R.CW (lnterlocal Cooperation Act), authorizes counties and cities to contract with each other to perform certain functions which each may legally perform; and Page of 9 1 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 which are violations of state statutes that occur within its jurisdiction and that are committed by adults, and /or juveniles for traffic offenses pursuant to RCW 13.04.030(1)(e)(iii), as well as misdemeanor or gross misdemeanor offenses which are a violation of City of Spokane Valley ordinances and committed by adults, and/or juveniles for traffic offenses pursuant to RCW 13.40.030(1)(e)(iii); and WHEREAS, the City of Spokane Valley desires to utilize the services of the Spokane County Public Defender for the purpose of (1) representing indigents where the initial charge is a State misdemeanor or gross misdemeanor offense committed by an adult, and/or a juvenile for a traffic offense pursuant to RCW 13.40.030(1)(e)(iii), and occurring within the City of Spokane Valle}; and /or (2) representing indigents where the initial charge is a CITY misdemeanor or gross misdemeanor and referred to the Spokane County Public Defender. 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 the Agreement is to reduce to 1,vriting the PARTIES' understanding as to the terms and conditions under which the PUBLIC DEFENDER will provide "Defender Services" to CiTY. It is the intent of the PARTIES that Defender Services to be provided under the terms of this Agreement will be consistent with CITY'S Council /Manager form of government provided for in chapter 35A.13 RCW and CITY'S legal responsibility to provide such services under the U.S. Constitution, Washington State Constitution and laws of the State of Washington. SECTION NO. 2: DURATION This Agreement shall be effective at 12:01 A.M. on April 1, 2003, and run through 12:00 P.M. December 31, 2004, unless one or all of the PARTIES provide notice of termination as provided in Sections No. 5 and 12 of this Agreement. SECTION NO. 3: COST OF SERVICES AND PAYMENTS CITY shall pay COUNTY the actual costs for Defender Services provided under this Agreement. The estimated cost for Defender Services under this Agreement for calendar year 2003 shall be TWO HUNDRED SIXTY THOUSAND NINE HUNDRED FORTY -SIX DOLLARS ($260,946). CITY'S cost was arrived at by using the methodology set forth in Attachment "A," attached hereto and incorporated herein by reference. The PARTIES agree to use those same methodologies contained in Attachment "A" to arrive at the estimated costs for calendar year 2004 Prosecution Services. The PARTIES recognize that the costs will more than likely increase in 2004. For instance, Assistant Public Defenders and /or support staff may receive salary adjustments by the BOARD or the maintenance and operation I'agc of 9 2 expenses of PUBLIC DEFENDER'S office may increase. These increases or potential decreases will be reflected in the figures used in the methodologies for calculating CITY'S 2004 estimated costs. Additionally, the methodologies will use the Spokane County Geo -Coded Analysis Report ( "Report "). This Report tracks the actual number of cases handled by PUBLIC DEFENDER for CITY. At the end of calendar year 2003 and calendar year 2004, using actual M &O expenditures as well as using the numbers in the Report for each year, COUNTY and CITY will each determine respectively whether or not the estimated M &O numbers and percentage numbers used as the basis for calculating costs of PUBLIC DEFENDER services were accurate. Any disagreement between the PARTIES as to M &O and /or percentage shall be resolved pursuant to Section No. 15 hereinafter. 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 Prosecution Services were performed. COUNTY will bill CITY for the cost of services as outlined, monthly, during the first week of the month. Dividing that fee set forth herein above by nine (9) for calendar year 2003 and by twelve (12) annually thereafter will base monthly payments. 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 been timely paid and invested in the Spokane County Treasurer's Investment Pool. SECTION NO. 4: SERVICES PROVIDED 4.1 Base Services - For the purpose of this Agreement, PUBLIC DEFENDER Services shall include representation of indigent persons as required by the Constitution or state statutes (chapter 36.26 RCW) in conjunction with violations of state statutes that are punishable as misdemeanor and gross misdemeanor offenses that occur within CITY'S jurisdiction and that are committed by adults, and/or juveniles for traffic offenses pursuant to RCW 13.04.030 (1) (e) (iii), as well as any appeals to Superior Court. It also includes representation of indigent persons as required by the Constitution or state statutes (chapter 36.26 RCW) in conjunction with the prosecution of violations of CITY'S Traffic Code, as well as any appeals to Superior Court. 4.2 Enhanced Services - CITY hereby agrees to pay for enhanced Defender Services separately. Enhanced Defender Services include unique circumstances not contemplated by the PARTIES at the time the estimated costs were set for any calendar year such as enhanced enforcement of a particular crime, mass arrests and request for Defender Services of rioters and/or protestors. PUBLIC DEFENDER will advise the CiTY Manager as soon as possible of the likelihood of Enhanced Defender Services. CITY will pay PUBLIC DEFENDER for all actual costs for enhanced Defender Services. PUBLIC DEFENDER will keep time records for all such costs. Billings for Enhanced Services will occur along with monthly billing for .Base Services. Page of 9 3 All services to be provided by PUBL IC DEFENDER in courts under the terns of this Agreement shall be provided in courts located within the Spokane County Courthouse Complex. In the event CITY requests such court services to be provided at a location within CITY, the PARTIES agree to meet and mutually negotiate any and all increased costs to PUBLIC DEFENDER in providing such court services at CITY location. PUBLIC DEFENDER or his/her designee agrees to attend staff meetings as requested by the CITY Manager. PUBLIC DEFENDER or his/her designee further agrees to meet upon request by the CITY Manager or his/her designee to discuss any Defender Services provided under the terms of this Agreement. CITY agrees PUBLIC DEFENDER will use PUBLIC DEFENDER'S stationary in conjunction with providing Prosecution 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 in writing to the other PARTIES: COUNTY: PUBLIC DEFENDER: Richard Fasy Spokane County Pubic Defender's Office 1033 West Gardner, Gardner Court Building, Spokane Washington 99260 -0280 CITY: CITY agrees to insure that appropriate CITY staff is available at no cost to PUBLIC DEFENDER for all trials or judicial proceedings where their presence is requested by PUBLIC DEFENDER. SECTION NO. 6: COUNTERPARTS Spokane County Chief Executive Officer or his/her authorized representative 1116 West Broadway Avenue Spokane, Washington 99260 City of Spokane Valley City Manager or his/her authorized representative Redwood Plaza 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 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. Page of 9 4 SECTION NO. 7: REPORTING PUBLIC DEFENDER shall provide a mutually acceptable quarterly report to CITY that will contain information relating to Defender Services performed during the preceding quarter. SECTION NO. K: ASSIGNMENT No party may assign in whole or in part its interest in this Agreement without the approval of all other PARTIES. Provided, however, CITY agrees that in instances of conflict, PUBLIC DEFENDER may transfer out of his/her office such representation at no additional cost to CITY without CITY'S approval or authorization. SECTION NO. 9: ASSISTANT PUBLIC DEFENDERS- HIRING AND DISCIPLINE. PUBLIC DEFENDER retains sole right to hire, assign, retain and discipline all employees performing Defender Services under this Agreement according to applicable state and federal laws. PUBLIC DEFENDER agrees to meet and confer with CITY with respect to staff that is assigned to provide Defender 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 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. Page of 9 5 (c) The foregoing indemmity 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 including for PUI3LIC DEFENDER staff professional liability and auto liability. coverages. SECTION NO. 11: RELATIONSHIP OF THE PARTIES 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 CITY representative shall be deemed to be an employee, agent, servant or representative of COUNTY for any purpose. SECTION NO. 12: MODIFICATIONffERivIINATJON This Agreement may be modified in writing by mutual agreement of the PARTIES. Any Party may terminate this Agreement for any reason whatsoever upon a minimum of 90 days written notice to the other PARTIES. Upon termination, CITY shall be obligated to pay for only those Defender Services rendered prior to the date of termination based upon a pro rata division of those costs set forth in Section No. 3 herein above. Termination shall not impose a requirement on either COUNTY/PUBLIC DEFENDER respectively to provide for the funding or handling of cases addressed by this Agreement that are filed after the effective date of termination. Upon termination, at CITY'S option, PUI3LiC DEFNEDER shall continue to provide services to completion for those cases filed prior to the effective date of the termination. SECTION NO. 13: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized in association with applicable CITY cases shall remain with the original owner, unless specifically and mutually agreed by the PART.iES to this Agreement. Page of 9 6 SECTION NO. 1.4: ALL WRITINGS CONTAINED HEREIN/13INDING 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 PARTIES with respect to the methodologies used to calculate the 2004 costs of Defender Services or the provision of Defender Services by PUBLIC DEFENDER. to CITY under the terms of this Agreement that cannot be resolved between/among the applicable PARTIES shall be subject to binding arbitration. Provided, however, PUBLIC DEFENDER'S independent right to administer and manage the Public Defender's Office shall not be subject to this dispute resolution provision. COUNTY and CITY shall each have the right to designate a person 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 COUNTY and CITY. The costs of the arbitration panel shall be jointly split between the COUNTY and CiTY. The decision of the arbitration panel shall be binding and not subject to judicial review. SECTION NO. 1.6: 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 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. 1 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 of 9 7 SECTION NO. 18: RECORDS All public records prepared, owned, used or retained by PUBLIC DEFENDER in conjunction with providing Defender 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 the attorney client and work product privileges set :forth in statue, court rule or case law. PUBLIC DEFENDER will notify CITY of any public disclosure request under chapter 42.17 RCW for copies or viewing of such records as well as the PUBLIC DEFENDER'S response thereto. SECTION NO. 19: ASSURANCE COUNTY and PUBLIC DEFENDER represent and assure CITY that no other city or town will receive more favored treatment in receipt of Defender Services than that made available to the CITY for similar services. SECTION NO. 20: FIEADI1i TGS 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. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATEI): DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE, COUNTY, WASHINGTON ATTEST: VICKY M. DALTON CLERK OF THE BOARD 13Y: Daniela Erickson, Deputy M. KATE MCCASLIN SPOKANE COUNTY PUBLIC DEFENDER: By: Its: (Title) JOHN ROSKELLEY, Chair PFIILLIP D. HARRIS, Vice -Chair Page of 9 8 DATED: CITY OF SPOKANE VALLEY Attest: City Clerk Approved as to form only: Acting City Attorney }3y: Its: F;1Valley City\Draft Contracts\Public Deferulerl,public defender services valley 022503- final.doc (Title) Page of 9 9 Spokane Valley Contract No. CO3 -12 Approved: Valley City Costs for Public Defender Representation This cost proposal is based on calculations extrapolated from the Sheriff's Dept. geo -coded statistics for first nine months of the year 2002 and the Public Defender PDMAhI records of County cases for the same time period. This time period is the most appropriate basis for a projection of costs since it reflects recent changes in the criminal justice system that will continue to affect the number of arrests and prosecutions for misdemeanor and gross misdemeanor cases. The percentage of Public Defender County cases attributable to the Valley City for this time period is 39 %. The figure below reflects 39% of the modified Misdemeanor budget for the year 2003 plus a cost allocation for investigative services and overhead. The budget has been modified to more accurately reflect the administrative and O &M costs of the misdemeanor services provided by the Spokane County Public Defender. Investigative services costs have been separately calculated because the investigators are paid out of the general organization (0047) budget. Overhead has been calculated at the rate of 6.34% of salaries and benefi ts. Salaries and Benefits: $234,090 investigator Salaries and Benefits: $ 2,835 O &M $ 9,180 Cost Allocation $ 14.841 Total: $260,946 Cost per Case The projected number of misdemeanor /show cause cases in the Public Defender's Office for the year 2003 is 5,400. This projection is based upon the total number of misdemeanor /show cause cases for the year 2002 and the recent increase in traffic patrol officers and DUI prosecutions. If this projection is accurate, the number of Valley City misdemeanor and show cause cases will be 2,106 (39 %of 5,400). With that number of cases, the cost per case will be $163.00. This estimate is consistent with misdemeanor /show cause cost per case statistics for recent years. The cost per case for the years 1999, 2000 and 2001 were: $164, $168, and $150 respectively. If the actual number of misdemeanor /show cause cases is lower than has been projected, the cost per case will be higher. For example, the cost per case for 39% of 5,000 cases handled in the year 2003 would be $177.00. This amount is still a relative bargain when compared to the cost of private or PD contract representation. Page 1 of 2 ATTACHMENT "A" Spokane Valley Contract No. CO3 -12 Approved: Valley City Misdemeanor and Gross Misdemeanor Cases These calculations are based on statistics provided by the Sheriffs Department and on the data contained within the Public Defender's PDMAN case management system. The data from the Sheriff's Department has been coded for the first nine months of 2002 to provide a statistically reliable percentage of Spokane County cases that have originated within the geographical area attributable to the Valley City. The PDM.AN statistics allow for a segregation of those cases that are solely attributable to Spokane County. Cases that are attributable to state agencies or municipalities have been excluded because they would not be adjudicated in the Valley City justice system under any circumstance. Thus, a percentage of Public Defender cases that would have to be handled by the Valley City can be calculated by determining the percentage of overall cases that are strictly Spokane County cases and reducing that percentage further by the application of the percentage - figure of Valley City /County cases developed by the Sheriff's Department. In making this determination, a separate calculation for Show Cause Hearings was not made since they would track on the same basis as the misdemeanor cases. Spokane County Misdemeanor Incidents 2,670 Gross Misdemeanor Incidents 2,321 Total 4,991 Valley City Misdemeanor Incidents 1,384 Gross Misdemeanor Incidents 1,387 Total 2,771 2002 First Nine Months Valley City percentage: 2,771 divided by 4,991 equals 56% Public Defender County cases 1,895 Total Public Defender cases 2,715 P17 County case percentage 1,895 divided by 2,715 equals 70% PD County cases that are from The Valley City area 56% of 1,895 equals 1,061 Percentage of Total PD cases that are from the Valley City area 1,061 divided by 2715 equals 39% Page 2 of 2 Average Percentage of PD Cases Attributable to the Valley City = 39% DATE ACTION IS REQUESTED: March 6, 2003 Attorney Approve As To .Form SUBMITTED BY Interim City Manager CITY OF SPOKANE VALLEY .REQUEST FOR COUNCIL ACTION Agenda Bill No. - 2003 -065 TITLE: Jury 1bManagcrnent services TYPE OF ACTION: Ordinance APPROVED FOR COUNC L PACKET: ATTACHMENTS: Resolution Interlocal agreement No. CO3- City Manager 13 Motion Dept. Head X Other STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Authorize execution by the City Manager of Interlocal Agreement No. 013 -13 with Spokane County for provision of jury management services. DISCUSSION: This agreement has been in negotiation between the City of Spokane Valley staff and Spokane County staff for several weeks. The City Council reviewed the draft agreement during the February 27, 2003 study session. The proposed agreement has been drafted in accordance with the provisions of state RCW 39.34 and provides for the City of Spokane Valley to utilize the services of the Spokane County Superior Court for ,jury management services within the corporate boundaries of the City of Spokane Valley. ALTERNATIVES: Establish a City municipal court and utilize City staff to perform all functions relating to jury trials_ FISCAL IMPACT: Unknown; Spokane Valley responsible for payment of all costs associated with jury trials. SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: Return to: Daniela Erickson Spoka Valley Contract Clerk of the Board No. 03 -13 1116 West Broadway Approved: Spokane, 'Washington 99260 INTERLOCAL AGREEMENT FOR COSTS INCIDENT TO JURY MANAGEMENT SERVICES IN THE CITY OF SPOKANE VALLEY (April 1, 2003 - December 31., 2094) THIS AORE.EI _ENT, made and entered into by and among Spokane County, a political subdivision of the State of Washington, having offices for the transaction or business at 1116 West Broadway Spokane, Washington 99260, hereinafter referred to as "COUNTY," 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 105, Spokane Valley, Washington 99206, hereinafier referred to as "CITY" and Spokane County Superior Court, having offices for the transaction of business at 1116 West Broadway, Spokane, Washington 99260, hereinafter referred to as the "COURT," jointly hereinafter referred to as the "PARTIES." W 1'1 ESS.E WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Spokane County Board of County Conunissioners has the care of County property and the management of County funds and business; and W.F'..REAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley established midnight, March 31, 2003, as its official date of incorporation and upon that date commenced 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 transfers from Spokane County to City of Spokane Valley; and WHEREAS, chapter 39,34 RCW (Interlocal. Cooperation Act), authorizes counties and cities to contract with each other to perfoini certain functions which each may legally perform; and \VINE I+",AS, Spokane County Superior Court maintains a Jury Management System; and Pagc of 66 1 WHEREAS, the City of Spokane Valley will operate a Municipal Court in calendar year 2003 and 2004 and is desirous of using Spokane County Superior Court's Juryana;ement System ( "System "); and WHEREAS, in conjunction with the City of Spokane Valley's use of the System, the City of Spokane Valley agrees to pay its fair share proportionate percentage of the administrative costs for such System, to include (1) personnel, computer equipment/printer and supply costs; (2) printing and postage costs; and (3) Sate Industrial Insurance costs. The City of Spokane Valley also agrees to pay juror fees and mileage on a weekly basis, and parking costs on a quarterly basis for cases attributable to CITY, NOW, THEREFORE, for and in consideration of the mutual promises set forth hereinafter, the PARTIES do mutually agree as follows: SECTION NO. 1: PURPOSE The purpose o:f this Agreement is to set forth the PARTIES understanding of the terms and conditions under which COURT will provide Jury Management System (` services to the . CITY. For the purpose of this Agreement System is described as summoning, qualifying, organizing, tracking, providing and compensating jury panels for CITY'S Municipal Court. SECTION NO. 2: DURATION This Agreement shall be effective at [2:0] A.M. on April 1, 2003, and run through 12:00 P.M. December 31, 2004, unless one or all of the .PA.RTIES give notice of termination as provided for in Section No. 5 and Section No. 10 of this Agreement, SE I ION NO. 3: COST OF SERVICES AND .PAYMENTS CITY shall pay COUNTY the actual costs for its use of the system in 2003 and 2004 as outlined below, A. Reimbursement. Costs of the System shall be comprised of Lv components namely costs for each jury parcel requested and administrative costs for management of. the System, Costs for each jury panel requested shall he the actual costs to include jury Fee, mileage and all other costs directly attributable to the specific jury requested. These costs shall be the responsibility of CTTY once a jury is requested regardless of whether it is ever empanelled. Administrative costs of the System shall include all costs incurred by COURT in operating/providing the System for any calendar year to include: Item (1) personnel, computer equipmentiprinter and supply costs; Item (2) printing and postage costs; and Item (3) State Industrial Insurance costs. Personnel costs will include (i) all cost ivia (COLA) adjustments as authorized by COUNTY for persons proving the System andlor (ii) salary increases. Any increase in any administrative costs will be reflected in the current years costs. Page of 6 CITY'S share of the administrative costs under Item (1) above will be calculated by taking the total costs for Item (1) for any calendar year and dividing it by the total number of jury panels requested in Superior, District or Municipal Court by all users of the System. This will provide a per jury panel administrative costs for Item (1). CITY will then pay this per jury administrative costs for Item (1) for each jury panel it has requested. CITY'S share of the administrative costs under item (2) shall be determined by using the percentage of juror days served by Superior, District, and Municipal Courts in any calendar year. CiTY shall pay its proportionate share of such cost based on the number of juries requested. CITY'S share of the administrative costs under Item (3) above shall be determined by taking the per hour juror rate which COURT pays for State Industrial Insurance and multiplying it by the total number of juror hours for persons who served as jurors for CITY. 13. Payment. COUNTY will invoice C1TY for its actual use of the System on or before January 15` of 2004 and 2005 for the use of the System in the preceding year. Payment by CITY will be due thirty (30) days after receipt of COUNTY invoice. 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 been timely paid and invested in the Spokane County Treasurer's investment Pool. SECTION NO. 4: SERVICES PROVIDED COUNTY, through COURT, shall operate and provide the System to CITY. The System is generally described as summoning, qualifying, organizing, tracking, providing and compensating, jury panels for CITY'S Municipal Court. SECTION NO. 5: NOTICE All notices or other communications given hereunder shall be deemed given on: (I) the day such notices or other communications are received when sent by personal delivery; or (ii) the third day follov,ing the day on which the same have been mailed by first class delivery, postage prepaid addressed to PARTIES at the address set forth below, or at such other address as the PARTIES shall from time -to -time designate by notice in writing to the other PARTIES: COUNTY: Spokane County Chief Executive Officer or his/her authorized representative 1116 West Broadway Avenue Spokane, Washington 99260 COURT: Spokane Superior Court Presiding Judge Spokane County Superior Court 1 116 West Broadway Avenue Spokane, Washington 99260 Page of 6 3 Spokane .Di strict Court Presiding Judge Spokane County District Court 1100 West Mallon Avenue Spokane, Washington 99260 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: 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. SECTION NO. 7; ASSI NII NT No .Party may assign, in whole or in part, its interest in this Agreement without the approval of all other PARTIES. SECTION NC). 8: LIABILITY CO U JTY shall defend, indemnify and hold harmless CITY from all claims, demands, or suits in law or equity arising from COUNTY/COURTS negligence or breach or its obligations under the Agreement. COUNTY'S duty to indemnify shall not apply to liability caused by the sole negligence of CITY, its officers and employees. COUNTY'S duty to indemnify for liability arising from the concurrent negligence of CITY, its officers and employees and Ol_1N.T IICOU) T its officers and employees shall apply only to the extent of the negligence of COUNTY/COURT, its officers and employees. COUNTY'S duty to indemnify shall survive termination or expiration of the Agreement. COUNfl Y waives, with respect to CITY only, its imrnunity under RCW Title 5], Industrial Insurance. SEC IION NO. 9: RELATIONSI-HP OF THE PARTIES The PARTIES intend that an independent contractor relationship will be created by this Agreement. No agent, employee, servant or representative of COUNTY/COURT 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/COURT COUNTY/COURT for any purpose. SECTION NO. 10: MO.DIF.ICATION, WITHDRAWAL, AND TERMINATION This Agreement may be modified in writing by mutual agreement of the PARTIES. Page of 6 4 Any Party may withdraw from this Agreement upon a minimum of 90 days written notice to the other PARTIES of intent to withdraw. Any Party may terminate this Agreement upon a breach by the another Party, provided the Party seeking to terminate the Agreement shall provide at least 30 days written notice and an opportunity to cure to the breaching Party. Upon withdrawal or termination, CiTY shall be obligated to pay for only those System services rendered prior to the date of withdrawal or termination. The withdrawal of CITY from this Agreement shall not impose a requirement on COUNTY /COURT to provide for the funding or handling of System services for cases that are filed after the effective date of withdrawal. Upon withdrawal or termination, at CITY'S option, COUNTY /COURT shall continue to provide services to completion for those cases filed prior to the effective date of the withdrawal or termination. SECTION NO. 11: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized by any Party to meet its obligations under the terms of this Agreement shall remain with such Party. SECTION NO. 12: 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 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. 13: 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, tern or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, terns 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 of 6 5 SECTION NO. 14: I-TEADINGS 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. SECTION NO. 15: 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. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE, COUNTY, WASHINGTON ATTEST: VICKY M. DALTON CLERK OF THE BOARD SPOKANE COUNTY SUPERIOR COURT: By: Its: JOI - IAN ROSKELLEY, Chair PHI.LL:IP D. HARRIS, Vice -Chair By: Daniela Erickson, Deputy M. KATE MCCASLIN DATED: CITY OF SPOKANE VALLEY Attest: 13y: Its: City Clerk (Title) Approved as to form only: Acting City Attorney E:IValley City\Drafl ContractsUwy Maagcmentljwy managment valley 022603- ftnaLdoc Page of 6 6