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2003, 04-08 Regular MeetingI. CALL TO ORDER 10. ACTION ITEMS Council Agenda: April 8, 2003 CITY OF SPOKANE VALLEY AMENDED AGENDA CITY COUNCIL AGENDA — REGULAR MEETING 8. COUNCIL REPORTS CITY HALL AT REDWOOD PLAZA 11707 East Sprague Avenue, First Floor Spokane Valley, Washington Tuesday, April 8, 2003 6:00 p.m. 2. INVOCATION Pastor Pat Mecham, Opportunity Presbyterian Church 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. INTRODUCTION O 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 state your name, address and subject for the record and limit remarks to three minutes. Thank you.) 9. CONSENT AGENDA (Consists of items considered routine which arc approved as a group. A Councilmcmber may remove an item from the Agenda to he considered separately.) A) Approve Special Meeting Minutes, March 13, 2003(available at meeting) B) Approve Special Meeting Minutes, March 20, 2003(avaiIable at meeting) C) Approve Claims Obligations in amount of $280,485.13 D) Approve Payroll Obligations in amount of $6,971.00 (Jan - March) A) 114otions J 1) Agenda Bill No. 2003 -098, Authorize execution of amendment to interim animal agreement- County (Puauc COMMENT ON AMENDMENT) /2) Agenda Bill No. 2003 -099, Ratification of County changes to pretrial and probation services agreements (PUBLIC coMNI N'rON / CHANGES) /3) Agenda Bill No. 2003-105, Authorize execution of memorandum of understanding for parks services - County (PUBLIC COMMENT ON AGREEMENT) B) Ordinances — First Reading 71) Agenda Bill No. 2003 -100, Street obstruction regulations A (Ordinance No.. 63) (PUBLIC COMMI r ON ORDINANCE NO. 63) ) Agenda Bill No. 2003 -101, Special Events regulations (Ordinance No. 64) (PUBLIC COMMENT ON ORDINANCE NO. 64) C) Resolutions 1,)' Agenda Bill No. 2003 -102, Approve salary grades - temporary, part -time, senior center specialist (Resolution No. 03 -025) (PUBLIC COMMENT ON RESOLuTioN NO. 03-025) D)/ Contracts 1) Agenda Bill No. 2003 -103, Data processing agreement- County (Agreement No. CO3 -19) (PUBLIC COMMENT ON AGREEMENT NO. CO3 -19) / 2) Agenda Bill No. 2003 -104, Library services agreement (Agreement No. CO3 -29) (PUBLIC.' CO11MEN'I' ON ACREENIENT NO. CO3 -29) 11. CITY MANAGER AND STAFF REPORTS 12. PUBLIC COMMENTS (.maximum of three minutes please; state your name, address and subject for the record) 13. PENDING LEGISLATION 14. NEW BUSINESS 15. EXECUTIVE SESSION — personnel matters 16. ADJOURNMENT FUTURE SCHED UL. E A) Apr. 15, 2003, File Public Disclosure Reports 8) Apr. 15, 2003, Council Study Session, 6:00 p.m., City Hall C) Apr. 22, 2003, Council Regular Meeting, 6:00 p.m., City Hall D) Apr. 23, 2003, Planning Commission/Council Training, City Hall E) Apr. 29, 2003, Council Executive Session, 6:00 p.m., City Hall F) May 6, 2003, Council Study Session, 6:00 p.m., City Hall G) May .13, 2003, Council Regular Meeting, 6:00 p.m., City Hall Council Agenda.. April 8, 2003 1. CALL TO ORDER 2. INVOCATION Pastor Pat Mecham, Opportunity Presbyterian 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 state 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 arc approved as a group. A Council member may remove an item from the Agenda to he considered separately.) A) Approve Special Meeting Minutes, March 13, 2003(avai table at meeting) 13) Approve Special Meeting Minutes, March 20, 2003(available at meeting) C) Approve Claims Obligations in amount of Sprvailable at meeting) D) Approve Payroll Obligations in amount of S (Jan- IVlarch)(available at meeting) 10. ACTION ITEMS A) Motions 1) Agenda Bill No. 2003 -098, Authorize execution of amendment to interim animal agreement- County (mimic COMMENT ON AMENDMENT) 2) Agenda Bill No. 2003 -099, Ratification of County changes to pretrial and probation services agreements (PUBLIC COMMENT ON CHANGES) Council Agenda; April 8, 2003 CITY OF SPOKANE VALLEY CITY COUNCIL AGENDA — REGULAR MEETING CITY HALL AT REDWOOD PLAZA 11707 East Sprague Avenue, First Floor Spokane Valley, Washington Tuesday, April 8, 2003 6:00 p.m. 1 B) Ordinances — First Reading 1) Agenda Bill No. 2003 -100, Street obstruction regulations (Ordinance No. 63) (PUBLIC COMMENT ON ORDINANCE M). 63) 2) Agenda Bill No. 2003-101, Special Events regulations (Ordinance No. 64) (PUBLIC COMMENT ON ORDINANCE NO. 64) C) Resolutions 1) Agenda Bill No. 2003 -102, Approve salary grades - temporary, part -time, senior center specialist (Resolution No. 03 -025) (PUBLIC COMMENT ON RESOLUTION NO. 03-025) ll) Contracts 1) Agenda Bill No. 2003 -103, Data processing agreement - County (Agreement No. CO3 -19) (PUBLIC COMMENT ON AGREEMENT NO. CO3 -19) 2) Agenda Bill No. 2003 -104, Library services agreement (Agreement No. CO3 -29) (PUBLIC COMMENT ON AGREEMENT NO. CO3 -29) 11. CITY MANAGER AND STAFF REPORTS 12. PUBLIC COMMENTS (Maximum of three minutes please: state your name, address and subject for the record) 13. PENDING LEGISLATION 14. NEW BUSINESS 15. ADJOURNMENT FUTURE SCHEDULE A) Apr. 15, 2003, File Public Disclosure Reports B) Apr. 15, 2003, Council Study Session, 6:00 p.rn., City Hall C) Apr. 22, 2003, Council Regular Meeting, 6:00 p.m., City Hall D) Apr. 23, 2003, Planning Cornntission /Council Training, City Hall E) Apr. 29, 2003, Council Executive Session, 6:00 p.m., City Hall F) May 6, 2003, Council Study Session, 6:00 p.m., City Hall G) May 13, 2003, Council Regular Meeting, 6:00 p.m., City Hall Council Agenda: April 8. 2003 2 NAME PRESENT /ABSENT COMMENTS Mayor Michael DeVleming- Position No. 3 /7 Deputy Mayor Diana Wilhite- Position No. 1 Councilmember Dick Denenny- Position No. 7 Councilmember Mike Flanigan- Position No. 6 Councilmember Rich Munson-Position No. 5 /° Councilmember Gary Schi.mmels- Position No. 4 Councilmember Steve Taylor- Position No. 2 • p CITY OF SPOKANE VALLEY COUNCIL MEETING DATE COUNCIL ROLL CALL r17 cv4a_3 City of Spokane Valley Voucher Summary Report Batch # Date Amount Month Total 1 12/18/2002 $ 63,890.57 2 12/28/2002 $102,593.98 $ 166,484.55 3 1/14/2003 $84,706.76 4 1/28/2003 $105,554.00 $ 190,260.76 5 2/7/2003 $117,571.02 6 2/21/2003 $198,058.78 $315,629.80 7 3/7/2003 $139,739.71 8 3/21/2003 $135,837.03 $275,576.74 9 4/4/2003 $280,485.13 $ 280,485.13 Total $ 1,228,436.98 $1,228,436.98 Total City Council Payroll for period 11/20/02 thru 3/31/03 City Council Payroll Summary $12,571.00 Less: Advance on 1/14/03 $5,600.00 Total Council payroll balance to $6,971.00 be approved Previously approved in Claim Voucher Batch #3; January 14, 2003 DATE ACTION IS TITLE: TYPE OF ACTION: REQUESTED: April 8, 2003 APPROVED FOR COUNCIL PACKET: City Manager Dept. Head Attorney Approve As To Form SUBMITTED BY: Lee Walton STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Authorize City Manager to sign Interim letter agreement with Spokane County for Animal Services pending consideration of a formal "full form" Inter -local agreement by Council on April 22. Interim agreement to include provisions for licensing of cats ALTERNATIVES: Not approve, providing no animal control services during interim period. FISCAL IMPACT: SOURCE OF FUNDS: General Fund AMOUNT BUDGETED: $286,000 AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. Aet93 -0 ?5' ATTACHMENTS: 1)Letter agreement 2) Memo Fr Nancy Hill 3. Memo Re: Cat Ordinance Resolution X Motion Other 03/28/2003 FRI 16:55 FAX Dear Lee: r• f1� � : � � r,:' S P O X< A N wr'r. ih : • C O U N - r March 28, 2003 Mr. Lee Walton, Acting City Manager City of Spokane Valley 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 Re: Interim Animal Control Services QFFECE OF COMM COMMISSIONERS FRANCINE M. BOXER 017FT EGCSJI'IVEOFFICER RECEIVED MAR 2 8 2003 City of Spokane Valley This correspondence is in follow up to your phone conversation with Commissioner McCaslin. In that conversation you indicated that the City of Spokane Valley would be executing the Interlocal Animal Control Services Agreement ( "Agreement ") with the County during the first week of April, possibly on the 1 or 3 That is great news. I know that the City will be most happy with the manner in which Nancy Hill and her department provide animal control services. In conversations with Jim Emacio, I have learned that the City adopted the County's Animal Control Ordinance and it will become effective as of your official date of incorporation, Although the City has not yet executed the Agreement, I believe it would be in both the County and City's best interests that the County, through its Animal Control Department, continue to provide animal control services as outlined in the Agreement, except as to any services requiring a commission, until the City and County sign the Agreement. Accordingly, pursuant to the terms of this letter, the County would agree to provide those animal control services set forth in the Agreement, a copy of which is enclosed. Those services would not include any activities requiring a commission from the City's Chief of Police. 1116 WI= BROADWAY AVENUE • SPOKANE, WA 99266.0100 • (509) 477 - 2265 • FAX: (509) 477.2274 • fbaxE1 spokanecounty.oJ /001/002 03/28/2003 FRI 18:55 FAX 2)002/002 Mr. Lee Walton, Acting City Manager March 28, 2003 Page 2 These services would be performed until both Parties £onruilly execute the Agreement (to include one similar thereto) or either Party decides to terminate this letter Memorandum of Understanding upon 24 -hours notice. A daily fee will be charged for providing such services. It would be calculated by taking the 9- mouth figure of $286,083.00 and divide it by 274 days. This would equate to a daily rate of $1,044.10. Billings would occur once the Interlocal Agreement is executed. If this proposal is acceptable to you, please execute this correspondence in the space provided for hereinafter and forward the original to my attention. Sincerely yours, / /(l ' FRANCINE M. BOXER Chief Executive Officer Enclosure Reviewed and Accepted this day of , 2003. LEE WALTON, Acting City Manager Lee Walton From: Hill, Nancy [NHill @spokanecounty.org] Sent: Thursday, April 03, 2003 1:01 PM To: Lee Walton Cc: Emacio, James; Boxer, Francine M.; McCaslin, Kate; Timoney, Dianne Subject: Cat Licensing Lee, I am following up on our phone conversation earlier today. These are the reasons 1 would strongly encourage the Spokane Valley to license cats: * Cat licensing is a source of revenue to offset the costs of animal control. Without cat licensing the cost of animal control services for. the Spokane Valley will go up. * Cat licensing helps to reduce the number of cats that are euthanized each year. Last year the Spokane County Animal Shelter handled 3841 cats - approximately 49% of those cats came from the Spokane Valley. A cat identified with a license is one that can easily be returned to the owner. Many unidentified cats are euthanized. * Licensed cat owners may participate in our spay /neuter voucher program. The cost of a license includes a $3.00 surcharge that is deposited in a special spay /neuter account. Those monies are distributed to licensed pet owners in the form of dollars off coupons. These coupons for cats are worth $45 towards a cat spay and $27.50 towards a cat neuter. This voucher program has been very popular especially with cat owners. Spaying and neutering of pets helps to control our communities pet overpopulation problem. If cats are not licensed then the voucher program would no longer be available to cat owners in the Spokane Valley. " The pet license campaign based on the Calgary program is designed to promote both dog and cat licensing. The campaign is a regional approach to educate the community on both cat and dog licensing. It is important that all jurisdictions be on the same page - since the campaign should send a unified message. the license campaign will increase the number of animals licensed in our community which creates additional revenues and will identify more animals so they can be returned to their owners. Please let me know if you have any questions or need any additional information. Thank you - NANCY HILL Animal Control Director Spokane County Animal Control 2521 N. Flora Road Spokane, WA 9923.6 work# 509- 477 -1967 fax# 509 - 477 -4745 email: nhillespokanecounty.org 1 Cat Patrol= the Cat issue bas turned out to be more complicated than l thought. 1) They argue that they currently do rnake a profit on cat licenses thus not selling them will reduce revenue and increase our subsidy.(I question the validity but am not in a position now to challenge this claim) 2) They have already mailed out renewal notices, 3) This will, screw up their coming campaign to, encourage owners to buy licenses since the literature and other campaign material presently includes both cats and dogs and 4) And finally, the department is,has been and is currently imposing a $3 surcharge that goes into a special spaylneutering account. These monies are distributed back to owners in the form of "coupons" that ofer.significant discounts ($27 to $45) with several local veterinarians for neutering and spaying which would not then be available to Valley residents: OKK;. X vg� - e un! Now is apparently not the time to eliminate the cat license portion of the prograni..T. have asked Stan S to prepare an amendment for Council. consideration. ASAP. Incidentally, I am preparing a letter outlining the goals we expect the Department to accomplish prior to any extension. of the contract. 4 CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -099 DATE ACTION IS REQUESTED: April 8, 2003 APPROVED FOR COUN PACKET: City Manager Dept. Flead Attorney Approve As To Form TITLE: TYPE OF ACTION: Ratify County changes to pretrial and probation agreements Ordinance Resolution ATTACHMENTS: Letter dated March 26, 2003 X Motion from James Emacio Other SUBMITTED BY: Interim City Manager STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Ratify language changes approved by Spokane County Board of Commissioners in interlocal agreements for pretrial services and probation services. DISCUSSION: At the May 20, 2003 meeting, Council authorized for execution interlocal agreements No. CO3 -17 for probation services and No. CO3 -20 for pretrial services with Spokane County. Following Council action, there were some language changes made by the County to these two agreements that were included in the documents executed by the Board of Commissioners. The pretrial services agreement approved for execution by Council included a 12 -month cost for these services. The language was corrected to the 9 -month cost in the document approved by the. County Board. The probation services agreement approved for execution by Council did not include a cost figure for service. The language in Section 3 covering costs was changed in the document approved by the County Board and includes an estimated cost for 2003. These changes are detailed in the March 26, 2003 letter from James Emacio. ALTERNATIVES: None FISCAL IMPACT: Savings in the pretrial cost ($6375) and potential probation cost (5165,711) SOURCE OF FUNDS: general fund AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: STEVEN J. TUCKER PROSECUTING ATTORNEY March 26, 2003 0 Criminal Department MS PSB-I 1100 W. Broadway Avenue Spokane. WA 99260.0270 (509) 477.3662 • FAX 477 -3409 Mr. Lee Walton, Acting City Manager City of Spokane Valley 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 OFFICE OP PROSECUTING ATTORNEY County -City Public Safety Building MS PS13 -1 1116 W. Broadway Avenue Spokane, WA 99260 =0270 (509) 477 -3662 • FAX: (509) 477 -3409 Ms. Ruth Muller, City Clerk City of Spokane Valley 1 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 Re: Interlocal Agreements With Regard to (1) Pretrial Service: , (2) Probation Services, & (3) .District Court Dear Lee and Ruth: I thought it might be a good idea for me to share with you certain changes which have been made to the above referenced documents and which are included in the documents executed or under consideration by the Board of County Commissioners. The executed documents are enclosed with this correspondence. PRETRIAL SERVICES (executed and enclosed): The original draft set forth the 2003 compensation in the amount of $25�501_,QQ. This figure was in fact a twelve (12) month time frame. In the final draft, this figure w eras duced to $19,126.00 representing a nine (9) month time frame. This change should not create a problem. PROBATION SERVICES (under consideration and not enclosed): The original draft indicated that the assessment fees collected from individuals receiving Probation Services under the terms of the Agreement would be sufficient to cover all costs. Although, that will more than likely be the case, I have reformatted Section 3 (Costs for Probation Services) so that it is consistent with the format in the Public Defender/PProsecutor Agreement. The Agreement provides that the estimated 2003 Probation Services costs to the 6 y +A,?t 1 2 7 1h lthough the County anticipates that the assessments collected from participants will equal this amount it is possible that assessments may exceed or, in fact, may not meet this projected cost. 1 believe applying the same format as used in the Public Defender/Prosecutor Agreement with regard billing/adjust and settle is in both Parties best interests. 0 Civil Depamnenr MS PSB -1 1115 W. Broadway Avenue Spokane, WA 99260 -0270 (509) 477 -5764 • FAX: 477 -3672 0 Family Law Department MS PSB.1 1124 W. Riverside, Lower LEvel 2 Spokane, WA 99201 (509) 477 -3662 • FAX: 477 -3409 x Drug/Property Department MS PSB-I • 721 N. Jefferson Spokane, WA 99260 -0270 (509) 477 -6416 • FAX: 477 -6450 ❑ Juvenile Department MS PSB -I 120 8 W. Mallon Avenue Spokane, WA 99260-0270 (509) 477 - 6046 • FAX: 477 -6444 Mr. Lee Walton, Acting City Manager Ms. Ruth Muller, City Clerk March 26, 2003 Page 2 DISTRICT COURT (executed and enclosed): The Accounting Department provided inc its comments on the District Court Services Agreement Tuesday afternoon. They recommended more specificity be included in the Agreement concerning the County /Courts responsibility to remit to the City fines, penalties, court costs and other fees collected by the Municipal Court. The original language in the Agreement provided as follows: SECTION N O. 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 RCW 3.46030, 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 C7TY. Such moneys shall be distributed to CITY within the scone time frame that. COUNTY distributes moneys other municipalities /agencies. CITY shall be for distributing the proportionate share of said moneys to the appropriate state agencies as required by law. The revised language in the Agreement, which includes more specificity, provides as follows: SECTION NO. 4: SERVICES PROVIDED /COLLECTION OF . R. E VE N UE S 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 RCW 3.46.030, as well as those matters CITY is legally responsible for pursuant to RCW 39.34.180. As part of the Court Services to be provided under this Agreement, COURT shall collect and remit to the CT.TY all fines, penalties, costs and assessments generated by CITY cases with a filing date subsequent to the effective date of this Agreement which are owing and due to CITY. Revenues collected shall be remitted to the CITY'S designee no later than the I0` day of each month for the previous month. The CITY shall be responsible for remitting Washington State's share of the revenue to the State. The monthly reconciliation shall include a JIS computer- generated remittance advice listing the CITY as a separate jurisdiction within COURT. v-2 Mr. Lee Walton, Acting City Manager Ms. Ruth Muller, City Clerk March 26, 2003 Page 3 This change included in the final document executed by the Board of County Commissioners should not create any problems. In fact, I believe it is in the City's best interest. If you have any questions with respect to these changes, please feel free to contact me. Sincerely yo A.CIO Deputy Prosecuting Attorney Enclosures (City Clerk only) cc: Stanley M. Schwartz (w /o enc.) O:\ etters \Walton -ltr- 032603 DOC DATE ACTION IS REQUESTED: April 8, 2003 APPROVED FOR COU :L PACKET: City Manager Dept. Head Attorney Approve As To Form SUBMITTED BY: Interim City Manager FISCAL IMPACT: SOURCE OF FUNDS:General Fund AMOUNT BUDCETED: 5653,240.10 (2003) AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -105 TITLE: Interim memorandum of understanding for parks services ATTACHMENTS: Letter agreement TYPE OF ACTION: X Ordinance Resolution Motion Other STAFF RECOMMENDS COUNCIL MAKE A MO TION TO: Authorize City Manager to sign Interim letter agreement with Spokane County for Parks Services pending consideration of a formal "full form" interlocal agreement for parks services by Council on April 22, 2003. DISCUSSION: Since the City has not taken action yet on an agreement with Spokane County for providing parks services, this memorandum of understanding will allow for servicing of the parks that became the responsibility of Spokane Valley as of date of incorporation. ALTERNATIVES: Not approve, providing no parks maintenance during the period until a formal agreement is executed for these services. April 3, 2003 S .1? K n. N E r �*, I'r: ? ";, C O CI N T Y' OFFICE OF COUNTY COMMLSSTONERS FRANCLNB M. BOxF'R CHIEF } X CUITV6O R Mr. Lee Walton, Acting City Manager City of Spokane Valley 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 Re: Interim Parks Agreement Dear Lee: VIA FACSIMILE & MAIL (509) 921-1008 This correspondence is in follow up to a phone conversation between Doug Chase and Bill Hutsinpiller. In that conversation Doug indicated to Mr. Hutsinpiller that the County would be willing to provide certain Parks Services commencing as of April 1, 2003 and running until the City of Spokane Valley executes the document entitled "]N E:RLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND THE CITY OF SPOKANE VALLEY RELATING TO THE OWNERSHIP, FUNDING, OPERATION AND MAINTENANCE OF PARKS, OPEN SPACE, RECREATION FACTURES AND PROGRAMS," ("Agreement "). It is the County's understanding that the City Council will initially consider the Agreement at its meeting this evening with the hope of authorizing execution at a subsequent meeting. Pending such action, the County believes it would be of substantial benefit to both Parties that the County continues to provide Base Level Services and Senior Center Services. Accordingly, this correspondence is to act as a Memorandum of Understanding ("MOU") between the County and City. Under the terms of the MOU the County will agree to provide Base Level Services and Senior Cents Services, as described in Section 2.3 of the Agreement for those Properties set forth in Section 1.2 of the Agreement, commencing April 1, 2003. Such services would be performed until both Parties formally execute the Agreement (or one similar thereto) or either Party decides to terminate this MOU upon 24 hours notice. 1116 W1ET BROADWAY AVFTUE • SPOKANE, WA 992600100 • (509) 477.2265 • FAX: (509) 477.2274 • fboomr( spokatu x unty.arg M Lee Walton, Acting City Manager April 3, 2003 Page 2 The County will charge the City all actual costs for providing Base Level Services and Senior Center Servioes as generally outlined in Attachment "A" to the Agreement. Billings will occur semimonthly on the 16 and last day of the month for the first 15 days and the remaining days of each month Payments will be due within 30 days of each billing. In the event the Agreement is executed, in lieu of payment of actual costs hereunder, by mutual agreement of the Parties, the Agreement may have an April 1, 2003 commencement date, in which instance no fees for Base Level Saves and Senior Center Services will be payable pursuant to the terms of this MOU, but instead will be payable pursuant to the Agreement. I have enclosed a copy of the Agreement as referenced herein. The Agreement, for the purpose of this MOU, will be made a part hereof and incorporated herein, as it concerns Base Level Services and Senior Center Services. If this proposal is acceptable to you, please execute this MOU in the space provided for hereinafter and forward, the original to my attention_ Sincerely yours, FRANCINE M.. BOXER Chief Executive Officer Enclosure Reviewed and Accepted this day of , 2003. LEE WALTON, Acting City Manager CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -100 )ATE ACTION IS TITLE: TYPE OF ACTION: REQUESTED: Street obstruction regulations April 8, 2003 X Ordinance ATTACHMENTS: COUNCI PACKET: Ordinance No. 63 Resolution City Manager Motion Dept. Head Other APPROVED FOR Attorney Approve As To Form SUBMITTED BY: interim Public Works Director STAFF RECOMMENDS COUNCIL MAID A MOTION TO: Advance Ordinance No. 63 to second reading. DISCUSSION: Many times it is necessary for agencies, contractors, and /or individuals to perform work and /or conduct activities within the public right of way. To ensure the public safety and protect the public's interest in the right of way, staff proposes that Council adopt an ordinance requiring permits for such activity within the public right of way. This ordinance establishes standards and procedures for any permits issued for such street obstruction activity. ALTERNATIVES: Do not require permit for street obstruction activity and not have any control over activities conducted within the public right of ways. . FISCAL IMPACT: Cost for inspection and enforcement of permit activity to be recovered by permit fee. SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 63 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING STANDARDS AND PROCEDURES FOR CONSTRUCTION WORK AND ACTIVITY WITHIN CITY RIGHT -OF -WAY WHEREAS, it is often necessary to perform work and /or otherwise conduct activities with the public right of way; WHEREAS, to ensure the public safety and protect the public's interest in the right of way, the City Council has determined that a permit should be obtained when work or activity obstructs the public right of way; and WHEREAS, the City Council has determined that the regulation and permitting of construction work within the streets and rights-of-way of the City of Spokane Valley is necessary to protect the safety and general welfare of the traveling public. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do ordain as follows: Section 1. Definitions. For the purposes of this Ordinance the following terms, phrases and words shall have the following meaning. A. "Applicant" is any person, firm or entity making written application to the Director for an obstruction permit. 13. "City" is the City of Spokane Valley. C. "Construction work" is the excavation or above ground construction work permitted under this Ordinance. D. "Director" means the City Manager or designee (anticipated to be the Public Works Director). E. "Easement" means any City easement for access and public utilities. F. "Improvement" is any public or private improvement, including the property of public utilities. G. "Obstruction permit ", also known as a right-of-way permit, is the authorization granted by the City to perform work or conduct activity in a specified right -of -way or Page 1 S1ordinances\Ordinance ,'o.63, sweet Ohsuuction.doc easement. H. "Permittee" is any person who has been granted and has in full force and effect a permit issued hereunder. I. 'Person" is any person, firnn, corporation or service provider. J. "Public infrastructure" is any necessary construction, performed within the City right- of-way or on private property, to install City facilities, including streets, sidewalks, storm drainage, street lights, sanitary sewers and /or water lines and necessary appurtenances, as identified within City standards. K. "Right -of -Way" or "Public Way" means all property in which the City has any form of ownership or title and which is held for public street or utility purposes, regardless of whether or not any street or utility exists thereon or whether it is used, improved or maintained for public use. Is. "Street" is any street, highway, sidewalk, alley, avenue or other public way, easement, or other public place in the City. Section 2. Obstruction Permit Required. An obstruction pemut is required of any person who performs construction work or otherwise engages in activity within existing or proposed City rights -of -way, streets, easements, or on City owned infrastructure. In the case of an emergency, a private or public utility may commence work prior to obtaining a permit, provided the person obtains a construction permit within forty -eight (48) hours after work is commenced. Section 3. Obstruction Permit- Application. No obstruction permit shall be issued unless a written application is submitted and approved by the Director. The application shall, at a minimum, contain the following: A. Construction plans or drawings approved by the Director; B. The period of time during which the right of way will be obstructed; and C. Proof of the contractor's and all subcontractor state licensing, insurance and requirements. Depending upon the nature and extent of the construction activity or work, the Director may require engineering, restoration and drainage plans be prepared by a Washington licensed engineer at applicant's sole cost and expense. Section 4. Obstruction Permit Fees. Obstruction Permit fees shall be adopted by Resolution of the City Council. S:\Ordinances \Ordinance No.63, street obstruction.doc Page 2 Section S. Notice Required. The applicant shall give to the Director notice not less than forty -eight (48) hours before any work or activity is commenced and shall notify the Director upon completion of the same. in the event of an unexpected repair or emergency, work may be commenced as required under the circumstances. Unexpected repairs and emergency work shall comply with all other requirements of this Ordinance. Section 6. Construction Standards. All work within the City right -of -way shall be in accordance with adopted City standards in effect at the time of the application for the permit. Section 7. Maintaining. Access. In the event it is necessary for the permittee to excavate the entire width of the street, no more than half of the street shall be opened at one time. Such portion of the work shall be backfilled and completed before the remaining portion of the street may be opened. If it is impossible to pemmit the work without opening the entire width of the street at one. time, the permittee shall furnish facilities, such as bridges or other suitable means, to allow the flow of traffic without unnecessary congestion. The Director may, with the concurrence of the Chief of Police and Fire Chief, permit a street to be blocked for a short period of time where suitable detours can be provided and the public will not be unnecessarily inconvenienced. Section 8. Traffic Control. Permittee is responsible for all traffic control and assumes the responsibility to maintain appropriate signage, signals and barricades that protects the public safety. Permittee shall provide for the safe operation of all equipment, vehicles and persons within the right of way. Section 9. Damage to Existing Improvements. All damage to existing public or private improvements during the progress of the construction work or activity shall be repaired by the permittee. Methods and materials for such repair shall conform with adopted City standards. If the permittee fails to furnish the necessary labor and materials for such repairs, the Director shall have the authority to cause said necessary labor and materials to be furnished by the City and the cost shall be charged against the permittee. Such charge shall be immediately paid by perniittee and shall, if not paid on demand, be deemed a valid claim on the bond filed with the City. Section 10. Cit 's Rid t to Restore Ri • ht- of -Wav and Easements. If the permittee fails to restore any City right -of -way or easement to its original and proper condition upon the expiration of the time fixed by such permit or shall otherwise fail to complete the right -of -way construction work covered by such permit or if the work of the permittee is defective and the defect is discovered within one (I) year from the completion of the right -of -way construction work, the Director or designee shall have the right to do all work and things necessary to restore the right -of -way and /or easement and to complete the right -of -way construction work. The pennittee shall be liable for all costs and expenses of restoration or completion. The City shall have a cause of action for all fees, expenses and amounts paid for such work. Following demand, the City may enforce its rights pursuant to this Ordinance. No additional S:\Ordinanccslordinancc No.63, street obstruction.doc Pagc 3 permits shall be granted until the invoice for City - performed work has been paid. Section 11. Bond. For the purpose of providing for the completion of the work or otherwise restoring the right of way to City standards, applicant shall post a performance bond with the City Clerk. The bond shall be: (1) issued by a surety licensed to do business in the State of Washington and (2) in an amount equal to 100 percent of the estimated cost of the work (or other reasonable measure of value) solely determined by the Director. If the improvements have not been timely or satisfactorily completed, the Director shall give notice of the same to permittee. The Notice shall state: (1) the work to be done; (2) the time to complete the work which shall not exceed 30 days; and (3) that if the work is not commenced and completed within the time allotted, the City will cause the work to be completed and use the bond proceeds to pay for the same. All costs in excess of the bond proceeds may be recovered through appropriate legal action by the City Attorney. A bond may be waived where proof of self - insurance is provided. The Director is authorized to reduce the amount of the bond where good cause exists. Section 12. Insurance - Evidence. Permittee, prior to the commencement of construction hereunder, shall furnish the Director satisfactory evidence in writing that the permittee has in force during the performance of the construction work or activity, commercial general liability insurance of not less than one million dollars ($1,000,000.00) per occurrence and one million dollars ($1,000,000.00) general aggregate duly issued by an insurance company authorized to do business in this state. In addition, the policy shall name the City as an additional named insured. The Director may reduce the insurance limits if good cause exists. Section 1.3. indemnification and Hold Harmless. The permittee shall defend, indemnify and hold harmless the City, its officers, officials, employees and volunteers from any and all claims, injuries, damages, losses or suits, including attorney fees, arising out of the permit issued order this ordinance except as may be caused by the negligence or willful conduct on the part of the City. Section 14. Rules and Policy. To implement the Obstruction Permit and provide for the public health and safety the Director, under the supervision of the City Manager, may develop and adopt rules, policies and forms consistent with the ordinance. All adopted rules, policies and forms shall be filed with the City Clerk. Section 15. Penalties. Any person violating the provisions of this Ordinance shall be deemed to have committed a Class I Civil Infraction. For any violation of a continuing nature, each day's violation shall be considered a separate offense. Section 16. Severability. The invalidity of any section, subsection, provision, clause, or portion thereof, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this Ordinance or the validity of its application to other persons or circumstances. S \Ord inances\Ordinance No.63, street obstruction.doc Page 4 Section 1.7. Effective Date. This Ordinance shall be in full force and effect five (5) days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. ATTEST: Passed 13y the City Council of the City of Spokane Valley on April , 2003. Interim City Clerk, Ruth Miller Approved As To Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: S:IOrdinances \Ordinance No.63, street obsuuction.doc Mayor, Michael DeVleming Page 5 DATE ACTION IS REQUESTED: April 8, 2003 SUBMITTED BY: Interim City Manager CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -101 TITLE: Special Events regulations APPROVED FOR ATTACHMENTS: COUN L PACKET: Ordinance No. 64 City Manager Dept. Head Attorney Approve As To Form TYPE OF ACTION: X Ordinance Resolution Motion Other STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Advance Ordinance No. 64 to second reading. DISCUSSION: There will be many community organizations and citizens who will wish to sponsor and conduct special events within the City and on public property. Staff recommends that reasonable guidelines and a permitting process be established to protect the public health, safety and welfare during special events. This ordinance provides for a permitting process and regulations governing such special events within the City. ALTERNATIVES: Do not provide a permit process for special events and no City control over conduct of any special events within the City. FISCAL IMPACT: Cost for permit administration covered by fee and bond /deposit required for guarantee public property returned to acceptable condition. SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: S;lordinanccs Ordinance No.64,special events.doc CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 64 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING REGULATIONS FOR SPECIAL EVENTS. WHEREAS, it is in the interests of the City of Spokane Valley to allow community organizations and citizens to sponsor special events within the City; and WHEREAS, reasonable guidelines and a permitting process are necessary to protect the public's health, safety and welfare during special events. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Definitions. A. "Applicant" is the person, firm or entity making application for a permit. B. "Parade" means any march or procession consisting of people, animals, bicycles, vehicles, or combination thereof, except wedding processions and funeral processions, upon any public street or sidewalk which does not comply with adopted traffic regulations or controls. C. "Run" means an organized procession or race consisting of people, bicycles, or other vehicular devices or combination thereof comprising fifteen (15) or more persons upon the public street or sidewalk. D. "Public Property" means a street or other public place (i.e. Park) under the control and authority of the City. )✓. "Special Event" means any use, parade, run, street dance, or other demonstration and exhibition on public property. F. "Street" or "Streets" means any public roadway, sidewalk, or portions thereof in the City of Spokane Valley dedicated to the public use. G. "Street Dance" means any organized dance of fire or more persons on any public street, public sidewalk or publicly owned parking lot. H. "Use" means any activity (including sporting activities), function or event where fifteen or more people are estimated to attend. Section 2. Permit. No person shall conduct a special event upon public property unless a permit has been obtained from the City Manager or designee. Section 3. Permit- Application -Fee. The fee for a special event shall be determined by Resolution. Section 4. Permit- Application- Contents. Applications for a special events permit shall state: (a) name and address of applicant; (b) date and time of event; (c) name of sponsoring person or organization; (d) probable number of participants; (e) routes to include starting point and termination; (f) required access to public right of way; (g) location of assembly area; (h) copy of general liability insurance stating coverage; (i) security and traffic control provisions; (j) emergency medical provisions; and (k) a clean up plan. Section 5. Permit - Application - Filing. An application for a special event permit shall be filed with the City Manager not less than fifteen (15) days before the date on which the event will occur. The City Manager shall notify the applicant in writing of approval or disapproval, no later than five (5) days following the date of application. Section 6. ]fond Required. The City Manager shall require a cash deposit or performance bond as a guarantee that the public property will be cleaned and returned to the condition in which it was found. The amount shall not be less than $50.00 and no more than $1,000.00. The City Manager shall determine the amount of bond or deposit by considering type of event, projected number of participants and spectators, and the sponsor's experience. For an event where clean up or other potential expenses would likely exceed $1,000.00, the City Manager shall refer the matter to the City Council for consideration. Section 7. insurance Required. The applicant shall show proof of liability insurance with a combined single limit of one million dollars ($1,000,000.00) per occurrence. Evidence of insurance shall be filed with the application and shall name the City of Spokane Valley as additional named insured. Depending upon the nature of the special event and its risk to the public and private individuals, the City Manager may reduce the liability limits. Section 8. Permit - issuance Standards. The City Manager shall issue a special event permit unless: (a) the time, route, and size will unreasonably disrupt the movement of traffic along streets; (b) the size or nature of the event requires supervision by a significant number of police officers that causes unreasonable expense or diversion of police duties; (c) the applicant failed to remit all fees, documents, or bonds; or (d) the event exceeds five (5) consecutive days. Section 9. Traffic Control. The City Manager or designee may require any reasonable and necessary traffic control with the applicant responsible for the expense. The City Manager shall notify the applicant of any City projected traffic control expense and collect this amount before a permit is issued. Section 10. Appeal Procedure. Upon denial of a permit by the City Manager, an applicant may appeal to the City Council by filing a written notice of the appeal within ten (10) clays from the City Manager's decision. Upon such appeal, the City Council may reverse, affirm, or modify the City Manager's determination. Section 11. Permit Revocation or Suspension. The special event permit issued under this ordinance is temporary and vests no permanent rights in the applicant, and may be immediately revoked or suspended by the City Manager if: (a) the applicant has made a misstatement of material fact in the information supplied; (b) the applicant has .failed to fulfill a term or condition of the permit in a timely manner; (c) the applicant requests the cancellation of the permit or cancels the event; (d) the activity endangers or threatens persons or property or otherwise jeopardizes the health, safety or welfare of persons or property; (e) the activity conducted is in violation of any of the terms or conditions of the special event permit; (f) an emergency or occurrence requires the cancellation or termination of the event in order to protect the public health or safety; or (g) the applicant fails to prepay expenses. The City shall refund the permit fee in the event of revocation caused by an emergency or S: \Oidinanccs \Ordinnce N"o.64,specinl events.dc c supervening occurrence. All other refunds shall be at the discretion of the City Manager. Section 12. Rules and Policy. To implement the Special Event permit, the City Manager may develop and adopt rules, policies and forms consistent with this ordinance. All adopted rules, policies and forms shall be filed with the City Clerk. Section 13. Violation /Penalty. Violation of this ordinance is a Class I Civil infraction. Section 14. Severability. If any section, sentence, clause or phrase of this Ordinance should 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 15. Effective Date. This Ordinance shall be in full force and effect five (5) days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. ATTEST: PASSED by the City Council this day of April, 2003. Interim City Clerk, Ruth Muller Approved As To Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: S:tOrdinanceslOrdinance No.64 ,spec ial even ts.doc Mayor, Michael DeVleming The introductory paragraphs state Ruth Muller in City Clerk Published: SAOrclinanct-e.Ordinance N.n,64,5pecimi tveruz.cloc City of Spokane Valley 11707 E. Sprague Spokane, WA 99206 (509) 921 -1000 NOTICE OF ORDINANCE PASSED BY SPOKANE VALLEY CITY COUNCIL The following is the title and summary of Ordinance No, passed by the City of Spokane Valley City Council on the day of April, 2003. AN ORDINANCE OP THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING REGULATIONS FOR SPECIAL EVENTS. Section 1 Section 2 Section Section 4 Section 5 Section Section 7 Section 8 Section 9 Section 10 Section 11 Section 12 Section 1.3 Section .1.4 establishes a severability clause in the event some portion of the Ordinance is held invalid. Section 1.5 states this Ordinance shall be in full force and effect five (5) days after publication of the Ordinance Summary. The full text of the Ordinance is available at the City of Spokane Valley City offices as identified above. A copy will be nailed out upon request_ DATE ACTION IS REQUESTED: April 8, 2003 APPROVED FOR COUNC PACKET: City Manager Dept. Head Attorney Approve As To Form S U3M1T T ED BY: Human Resources Manager ALTERNATIVES: None FISCAL IMPACT: SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Rill No. 2003 -102 TITLE: Establish salary grades for part -time employees and senior center specialist ATTACHMENTS: Resolution No. 03 -025 Cau.',a - j P ks r.va, TYPE OF ACTION: X STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Adopt Resolution No. 03 -025. Ordinance Resolution Motion Other DISCUSSION: The 2003 budget adopted by Council March 27, 2003 authorized positions, grades and pay rates for full -time employees. Included in the adopted 2003 budget is a full -time senior center specialist position that needs to be added to the approved salary plan. It is also anticipated that there will be part -time temporary positions hired during 2003. This ordinance establishes pay grades for these additional positions that correspond to the salary schedule approved in the 2003 annual budget. A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, APPROVING SALARY GRADES FOR PART -TIME TEMPORARY EMPLOYEES, AND THE SENIOR CENTER SPECIALIST WHEREAS, the City Council has adopted an annual budget for 2003 which enumerated and authorized City positions, salary grades and pay rates for full -time employees for FY 2003; and WHEREAS, a full -time Senior Center Specialist position was established in the adopted budget and needs to be included in the approved salary plan; and WHEREAS, a full -time Deputy City Attorney position was established in the adopted budget and needs to be included in the approved salary plan; and WHEREAS, the City Council desires to establish salary grades for anticipated part -time temporary positions to be hired during FY 2003; NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington , as follows: Section 1. Salary Grades Adopted for Specific Positions_ The following pay grades are hereby adopted, which grades correspond to the accompanying salary schedule included and approved in the adopted FY 2003 Annual Budget: Section 2. Effective Date. This Resolution shall be in full force and effective following adoption. ATTEST: Position Pav Grade Deputy City Attorney 16 (54,112- $5,314 per month) Senior Center Specialist 13 ($2,998 - 53,874 per month) Part-Time Recreation Assistant 5 ($7.45 - 59.62 per hour) Part-Time Clerical Assistant 5 ($7.45 - S9.62 per hour) Adopted this day of April, 2003. Interim City Clerk, Ruth Muller Approved as to Form: interim City Attorney, Stanley M. Schwartz CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 03-025 City of Spokane Valley Mayor Michael DeVleming 04/02/200a 16748 5094772454 okan.e C Starting a Ending Sal pokat e Cfty . Starting Sal Ending Salary: These amct1n COUNTY PARKS Rocruatiori Pro C oordinator Position $32,789.M41year $44, 244.24 /year yr Cater• Director Position: $37,730,16 $46,583.2.8 salaries only. They do not include benefits. . PAGE 62/02 • City of Spokane Valley REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -103 DATE ACTION IS TITLE: Information Services TYPE OF ACTION: Ordinance Resolution Motion REQUESTED: April 4 -03 Contract- Spokane County APPROVED FOR COUNCIL PACKET: City Manager Dept. Head ATTACHMENTS: Ordinance Contract SUBMITTED BY: Stan McNutt RECOMMENDATION: Approve Contract contingent on final approval by City Attorney and City Manager as to textual completeness if any changes are made DISCUSSION ...This is the foundation of our tie with the County for GIS, Parcel data and all other forms of interagency IP communications. The commitment has been reduced to reflect the fact that we are not totally sure how much GIS labor we will need in the early stages. The Contract provides for flexibility in future options. This contract does NOT contain the City financial or permiting software we are looking for. ALTERNATIVES... No Action. We could operate manually by getting existing County data on discs and uploading them here(. However we would he unable to enter any of OUR changes ( land use - Building- Planning) into the existing County System. FISCAL IMPACT: 53600 (est) per month for 6 months personnel, GIS software, and maintenance costs for the GIS operation which may be extended. Prism (a GIS program and Web Padal (a parcel data program) licensing are estimated at 52500. per year for 6 users. Contract allows ordering more services or reducing services. The contract also contains prices for discretionary as- ordered services. 1 •Stan McNutt From: Emacio, James [JEmacio ©spokanecounty.org] Sent: Monday, April 07, 2003 4:28 PM To: Stan McNutt Subject: Revised Language Stan: I made some minor changes to the language. It would now read as set forth hereinafter. Let me know if this will work. Thanks. Jim PARTIES agree that in connecting their networks to each other they recognize their respective responsibilities to (i) maintain Virus protection on all CITY and COUNTY desktops and servers as well as (ii) maintain a properly configured firewall on any other connections into the CITY or COUNTY networks for the protection of the Wide Area Network comprised of COUNTY, City of Spokane Valley, City of Spokane, Spokane County Regional Health District, Spokane Transit Authority, and the State of Washington. 1 • Return to: Daniela Erickson Clerk of the Board 1116 West Broadway Spokane, Washington 99260 INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND CITY OF SPOKANE VALLEY REGARDING DATA PROCESSING SERVICES (April 2003 — December 31, 2004) THIS AGREEMENT, made and entered into by and between Spokane County, a political subdivision of the State of Washington, having offices for the transaction of business at 1 116 West Broadway Avenue, Spokane, Washington, 99260, hereinafter referred to as the "COUNTY," and City of Spokane Valley, a municipal corporation of the State of \Vashington, 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 "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 of Spokane County has the care of county property and management of 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 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 perform certain functions which each may legally perform; and WHEREAS, the City of Spokane Valley desires to contract with Spokane County through its Information Systems Department to provide quality data processing services to its staff and residents. NOW, THEREFORE, for and in consideration of the mutual promises set forth hereinafter, the PARTIES do mutually agree as follows: Page 1 of 8 SECTION NO. 1: PURPOSE /SERVICES The purpose of this Agreement is to set forth the terms and conditions under which COUNTY, through the Spokane County Information Systems Department ( "ISD ") will provide Data Processing Services ( "Services ") to CITY. Such Services include Fixed Price Services and GIS Services. Such Services are more particularly discussed in Attachments "A" and "B" attached hereto and incorporated herein by reference. SECTION NO. 2: DURATION This Agreement shall commence upon execution by both PARTIES and run through 12:00 P.M. December 31, 2004, unless one of the PARITIES provides written 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 costs for Fixed Price Services to include Access to PRISM and Access to WebPadal as set forth in Attachment "A" attached hereto and incorporated herein by reference. CITY shall pay COUNTY the actual costs for GIS Services as set forth in Attachment "B," attached hereto and incorporated herein by reference. Actual costs of such GIS specialists will include salary, benefits, supplies, materials, equipment, and administrative overhead costs as outlined in Attachment "B" which are directly attributable to such Services. The PARTIES agree that the costs sets forth in Attachments "B" are projected costs. COUNTY will charge CITY actual costs. Actual costs will include the actual direct labor, supervision, employee benefits, equipment rental, materials and supplies, utilities, subcontracted work and permits and overhead costs. Labor rates can be affected by overtime, extra holiday pay, shift differential, labor contracts, and on-call rates. Accordingly labor rates set forth in Attachment "B" will be reviewed and modified when required. COUNTY will notify CITY in writing of any changes to or modifications of such labor rates. COUNTY will bill CITY for the cost of all Services, to include Fixed Price Services and GIS Services, monthly, during the first week of the month for the preceding month. Payments by CITY for these services will be due within 30 days of billing. 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. At the end of calendar year 2003 and calendar year 2004, using actual expenditures for all items set forth in Attachment "B" COUNTY will determine whether or not the estimated Costs used as the basis for establishing the budget 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 Page 2 of 8 debit in the subsequent billing. The adjustment will normally take place in March of the year following the year Services were performed. 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 nonnally take place in March, but no later than June 30 ( "date of determination ") of the year following the year Services were performed. At the sole discretion of the CITY, in the case of over billing, or the sole discretion of the COUNTY, in the case of an under billing, the party may request interest on such amount based on lost interest earnings had the under billing amount been invested since the end of the calendar year to the date of determination in the Spokane County Treasurer's Investment Pool or the over billing amount been invested since the end of the calendar year to the date of determination in the Washington Cities Investment Pool. SECTION NO. 4: .MEItti RESPONSIBILITIES In conjunction with COUNTY providing the services described in SECTION NO. 1 CITY does: (a) Confer on COUNTY the authority to perform the GIS and mapping maintenance services within CITY limits for the purposes of carrying out this Agreement, (b) Agree that when COUNTY provides Services COUNTY ISD may exercise all the powers and perform all the duties vested by law or by resolution in the CITY or other officer or department charged by CITY with data processing services (c) Agree that the CITY shall be responsible for providing workspace and famishing phones, desk, chair and any other items deemed necessary for GIS specialist to perform their work at their site. (d) Agree that in connecting the CITY network with the COUNTY network the CITY incurs the legal and financial responsibility of maintaining Virus protection on all CITY desktops, and a properly configured firewall on any other connections into the CITY network for the protection of the Wide Area network comprised of COUNTY, City of Spokane, Spokane County Health, Spokane Transit Authority, and the State of Washington. p � — 4 1/.12.4, .T,. 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 (2) the third day following 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 Page 3 of 8 Spokane County Director of ISD 815 North Jefferson Spokane, Washington 99260 -0400 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: SUBCONTRACT COUNTY may subcontract any of its responsibilities set forth herein provided COUNTY retains the appropriate supervision and inspection of the contractor's work. SECTION NO. 8: 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. (c) The foregoing indemnity is specifically intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance Act, Chapter 51 RC W, 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. Page 4 of 8 (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 auto liability coverages. 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 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. 10: MODIFICATION AND TERMINATION This Agreement may be modified in writing by mutual agreement of the PARTIES. Either Party may terminate this Agreement for any reason whatsoever upon a minimum of 90 days written notice to the other Party. Any Party may terminate this Agreement upon a material 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 termination, CITY shall be obligated to pay for only those Services rendered prior to the date of termination. SECTION NO. 11: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized by COUNTY or CITY respectively in providing Services or meeting its obligations under the terns of this Agreement shall remain with Party providing such property or equipment unless specifically and mutually agreed by the PARTIES to the contrary. SECTION NO. 12: GENERAL TERMS This Agreement contains temis 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. Both PAR I IES agrees to aid and assist the other Party in accomplishing the objectives of this Agreement. This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. Page 5 of 8 SECTION NO. 13: 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. 14: SEVERABI.LITV 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. SECTION NO. 15: 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. SECTION NO. 16: CONTRACT ADMINISTRATION COUNTY will identify specific COUNTY liaisons to handle day -to -day operational activities related to Services. CITY will identify a liaison for the same purposes. The liaisons will meet regularly to review the performance of this Agreerrment. The PARTIES shall each appoint representatives to review contract performance and resolve problems, which cannot be dealt v,ith by COUNTY and CITY liaisons. The PAR I IES shall notify the other in writing of its designated representatives. COUNTY and CITY liaisons will meet periodically, with either Party authorized to call additional meetings with ten days written notice to the other. Any problem, which cannot be resolved by the PARTIES' designated representatives, shall be referred to CITY Manager and the Spokane County ISD Director for settlement. SECTION NO. 17: AUDITS AND INSPECTIONS 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 contract and three (3) years after termination. Page 6 of 8 SECTION NO. 18: REPORTING COUNTY shall provide a mutually acceptable quarterly report to CITY that will contain information relating to Services performed during the preceding quarter. COUNTY agrees to keep such records and make such separate reports as are reasonably necessary for CITY to ascertain performance and cost accounting for CITY'S budgetary and management needs. SECTION NO. 19 RECORDS All records (except as set forth in Section 18) prepared or produced by COUNTY in conjunction providing services to CITY under the terms of this Agreement shall be the property of the COUNTY. Upon termination of this Agreement, COUNTY agrees to make copies of all such records, which may be requested by CITY. SECTION NO. 20: STAN FING COUNTY shall hire, assign, retain and discipline all employees performing Services under this Agreement according to collective bargaining agreements and applicable state and federal laws. COUNTY agrees to meet and confer with CITY with respect to GIS Specialist assigned to provide Services at its site. To the extent that COUNTY has more than one GIS Specialist available to provide such services, it will allow the CITY to select the assigned GIS Specialist. SECTION NO. 21: ASSURANCE COUNTY represents and assures CITY that no other city or town or municipal corporation will receive more favored treatment in receipt of Services than that made available to the CITY for similar services. 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 A k;ST: VICKY M. DALTON CLERK OF THE BOARD BY: Daniela Erickson, Deputy M. KATE MCCASLIN Page 7 of 8 JOHN ROSKELLEY, PHILLIP D. HARRIS, Chair DATED: CITY OF SPOKANE VALLEY: Attest: By: Its: City Clerk (Title) Approved as to form only: Acting City Attorney Page 8 of 8 FIXED PRICE SERVICES Spokane County will provide the following Fixed Price Services within CITY limits Valley. Actual levels of Fixed Price Service provided by COUNTY will be those CITY and COUNTY in annual budget processes. Fixed Price Services levels as set by CITY shall reflect CITY policies and may or similar to COUNTY policies. ATTACHMENT "A" of Spokane adopted by may not be (1) Access to PRISM $35.00 / user/ ip / month for an indefinite term unless modified by parties as herein provided. (2) Access to WebPadal $35.00 / user /ip / month for an indefinite term unless modified by parties as herein provided. Cost - Itemization contract for GIS Services* 1 for the CITY of Spokane Valley If they choose 50% Services. Annual Costs Contract Period Costs April 2003- Dec 2004 Monthly cost 50% Monthly Billing for Contract Period Employee Software Maintenance Arclnfo $1,520.40 $2,660.70 $126.70 $63.35 COGO $217.20 $380.10 $18.10 $9.05 ArcView $217.20 $380.10 $18.10 $9.05 Photoshop $200.00 $350.00 $16.67 $8.33 Pa • emaker $200.00 $350.00 $16.67 $8.33 Salary plus benefits : GIS Specialist $56,161.00 $98,281.75 $4,680.08 $2,340.04 1SD Management Support Overhead $13,083.57 $22,896.25 $1 090.30 $545.15 UNIX Desktop Support: Sun / Citrix $1,849.76 $3,237.08 $154.15 $77.07 GIS Program / Database Admin Support: Full CITY of Spokane Valley Access $5, 568.08 $5,800.00 $9,744,14 $10,150.00 $464.01 $483.33 $232,00 j $241.67 Avista Digital Orthos Access: Total Monthly billing for 50% GIS Tech. $3,534.05 GIS SERVICES GIS Services — one half (.5) full time employee for a minimum of 6 months. This will give the CITY the usage of a GIS analyst for 18 hours and 45minutes a week on a mutually agreed upon work schedule. Any usage over 50% for this employee will be billed at the GIS analyst's actual hourly rate. Detailed time sheets will be provided with each billing. It is the intention of the CITY to contract for one half (,5) FTE GIS Specialist services for six (6) months as well as retain the right to request additional hours of services at rates herein listed during the term of the Agreement, subject to the COUNTY'S ability to provide the additional services. CITY and COUNTY may extend or adjust GIS services and terms as mutually agreed according to the conditions of the Agreement. The CITY will abide by all applicable COUNTY union contract terms regarding working conditions and will provide breaks and lunches as outlined in the COUNTY Master Contract and ISD's addendum to said contract. COUNTY will provide copies of such contract and addendum to CITY, ATTACHMENT "B" DATE ACTION IS REQUESTED: April 8, 2003 APPROVED FOR COUNCIL PACKET: City Manager Dept. Head Attorney Approve As To Form FISCAL IMPACT: No net impact on City budget CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. TITLE: Inrerlocal agreement TYPE OF ACTION: between Spokane County Library District and City of Spokane Valley relating to provision of Library Services ATTAC131VIENTS: l)Interlocal agreement 2) Memo dated Feb 1 X Ordinance Resolution Motion Other SUBMITTED BY: Lee Walton STAFF RECOMMENDS COUNCIL MAKE; A MOTION TO: Authorize City Manager to sign Interlocal agreement with the Spokane County Library District for library services through December 31 2004. DISCUSSION: As a new City Spokane Valley has three options to provide library services to its citizens. These include establishing a separate City Library, annexation to the District or contracting with the District for these services. It is recommended that option three, contracting for the period ending December 31, 2004 be selected because that would allow ample time to consider the advantages /disadvantages of annexation as well as the feasibility of an independent library system. Contracting requires that the City levy and collect the $.50 tax in 2004 that normally is collected by Library District. This revenue would then be paid to the District in exchange for a continuation of services. There would be no net increase in taxes as the result of this transaction. In mutual recognition that the current Valley branch Library is inadequate to serve a population of 80,000+ the contract provides that a new Capitol Facilities Plan will be prepared addressing the need for a new and larger Valley Library. This plan would be submitted to the Council in March 2004. ALTERNATIVES: 1) To Annex 2) To establish an independent library service 3) Not offer a library service IN T ERLOCAL AGREEMENT BETWEEN THE SPOKANE COUNTY LIBRARY DISTRICT AND THE CITY OF SPOKANE VALLEY RELATING TO THE PROVISION OF LIBRARY SERVICES This Interlocal Agreement (the "Agreement ") is entered into by and between the Spokane County Library District (the "District ") and the city of. Spokane Valley, Washington (the "City "), as of , 2003. WHEREAS, the City will incorporate effective March 31, 2003; and WIIEREAS, the District has provided library services to the residents of the City prior to its incorporation; and WHEREAS, the District will continue to provide library services to the residents of the City through December 31, 2003; and WHEREAS, the City desires to have the District continue library services for the residents of the City after December 31, 2003; and WHEREAS, the City has the authority to allocate funds in its 2004 general fund budget for the provision of library services to be provided to the residents of the City under a contract with the District; and WHEREAS, the District is willing to continue to provide library services to the residents of the City, and WHEREAS, the District has the authority, pursuant to RCW 27.12.180, to enter into a contract with the City to continue to provide library services to residents of the City after December 31, 2003, and continuing until the agreement is terminated by the parties NOW THEREFORE, it is determined and agreed between the City and the District as follows: 1.. District Commitment to Provide Library Services to the City: For so long as this Agreement remains in effect, the District agrees: a. to provide the same library services to residents of the City as are now being provided to all other residents within the District; and b. to complete a library capital facilities plan, in collaboration with the City, by no later than March 31, 2004 for approval by the City Council and District Board of Trustees. 2. Library Capital Facilities Plan Development: a. The Library Capital Facilities Plan provided for in Section 1.b, shall be developed by the District in collaboration with a City advisory committee consisting of one representative of City staff, one City Council Member, and one citizen selected by the City. Upon completion, the Library Capital Facilities Plan shall be presented to the City Council and the Board for adoption. b. Should the District or the City desire to retain consultants or any other professionals for a fee to assist with the development of the Library Capital Facilities Plan, such contracts may be issued by the Board upon mutual agreement of both parties and with an agreed allocation of cost between the District and the City. 3. City's Obligation to Pay District for Provision of Library Services: a. The City agrees to pay to the District a sum equal to that which the District would have collected had it levied on the property within the City at the same levy rate as the District levies on other property in the District during 2004, and for each succeeding year, to continue provision of library services to the residents of the City until the City annexes to the District. In no event shall the City's obligation to the District exceed 50.50 per $1,000 of the City's assessed valuation of the property. b. The City shall pay this sum to the District in two payments: the first payment shall be made by May 15 of each year; the second payment shall be made by November 15 of each year. 4. Termination: This Agreement will continue in effect for a minimum of two (2) years and thereafter may be terminated by either the City or the District upon six months' written notice prior to the end of any year. .Dated this day of . 2003. CITY OF SPOKANE VALLEY City Manager Dated this day of. , 2003. SPOKANE COUNTY LIBRA RY DISTRICT Michael Wirt, Director APPROVED AS TO FORM: CITY ATTORNEY Stanley M. Schwartz Witherspoon Kelley Davenport & Toole LLP k�Spado s126321 \00003`agee100097779.13OC:_ kc APPROVED AS TO FORM: COUNSEL TO THE DISTRICT James C. Sloane Paine Hamblen Coffin Brooke & Miller LLP MEMO CITY OF SPOKANE VALLEY 11707 Sprague Ave, Spokane Valley WA 99206 Tel: (509) 921- 1000, Fax (509) 921 -1008 e-mail Iwalton(dspokananllcy org TO: City Council Fr: Lee Walton Date: For February 13 Study Session Sub: Library Contract It is obvious that the present SV library is grossly inadequate to serve a city with population exceeding 80.000. The 1988 Library Capital facilities plan acknowledges this deficiency and proposes to replace the existing 18,000 sq ft building with a 50,000 sq ft facility at some point. It has been suggested that there are sufficient District funds in the operating budget to underwrite a new Valley library. Unfortunately, it appears that unless the District were to close at least one existing branch this is just is not posssiblc. I estimate the 50 Cent Library tax imposed on SV property will produce approximately $2, 100,000 in 2004 depending on actual assessed value in that year. It's difficult to estimate the amount that total actually used to serve citizens of SV because the Argonne and Otis Orchards branches, although located in unincorporated territory, also, serve a substantial number of City residents. The Valley Branch operates with a direct cost of '883,000 in 2003 plus an indirect apportionment of $977,000. This indirect cost represents 30.7% of total District "activity" volume. However, by apportioning even part of the operating budget from these two branches with the $1,800,000 allocated to the SV branch it seems unlikely that there is enough slack in the total District operating budget to fund a new library for Spokane Valley. I suggest there are four alternatives that should be considered by Council. First would be to accept the fact that the level of library service is inadequate and will continue to decline as the population increases. Second would be for the City to finance a building and then lease it to the District. This is not an unusual scenario and the $7 million + - could be funded by G.O. bonds or from Councilmanic bonds serviced by the general fund at an approximate cost of $420,000 annually. The major drawback is that the new library would also serve a substantial number of County residents who would not he contributing to the initial capital cost. I assume that some portion of this capital cost would be picked up by one or more grants that are usually available for this purpose. A third option would be for the City to anticipate the formation of a City Library service at some point in the future. It is possible that the 50 cent tax presently imposed by the District would be sufficient to finance a new facility and operate an independent Spokane Valley Library. If this alternative is to remain open pending further study the City should contract with the District rather than annex until a final decision is made. The Fourth alternative would he to request that the district initiate formation of a Capital Facilities District encompassing the City and an appropriate amount of unincorporated area which would be served by the new facility. To accomplish this it would be necessary to develop a new Capital Facilities plan acceptable to the City and District which could then be submitted to the voters in that arca. Again, grants are likely available to reduce the initial cost of construction. The proposed interagency agreement provides for a one year contract for Library services with the condition that the City levy (and transfer to the District) the 0.50 tax in 2004 that would otherwise he imposed by the District_ After consultation with Mike Wirt, the draft contract also includes a provision that the District, in consultation with the City, undertake a new Capital Facilities study to be completed by April 2004. This study should provide sufficient information to determine if the City should annex to the District, whether a vote on a Capital Facilities bond should be submitted or whether the City should consider formation of a City Library.