2003, 04-01 Study SessionNOTE: AT COUNCIL STUDY SESSIONS, THERE WILL BE NO PUBLIC COMMENTS, EXCEPT COUNCIL
RESERVES THE RIGHT TO REQUEST INFORMATION FROM THE PUBLIC AND STAFF AS APPROPRIATE
SUB.IECT
Parks
Parks
Administration
Administration
Administration
Public Works
Administration
DISCUSSION LEADER ACTIVITY
Bill Hutsinpiller
/
Bill Hutsinpiller Parks and recreation agreement (10 minutes)
Lee Walton
Lee Walton
Stan McNutt
Dick Warren
Lee Walton
CITY OF SPOKANE VALLEY
CITY COUNCIL WORKSHEET — STUDY SESSION
CITY HALL AT REDWOOD PLAZA
11707 East Sprague Avenue, First Floor
Spokane Valley, Washington
Tuesday, April 1, 2003, 6:00 p.m.
Parks and recreation regulations (10 minutes)
( Franchises (10 minutes)
Special Events regulations (10 minutes)
/Information services — County (15 minutes)
Street obstruction regulations (5 minutes)
/Animal Control Agreement- County(10 minutes)
DISCUSSION GOAL
Consensus - Agenda 4/22?
Consensus - Agenda 4/22?
Consensus - Agenda?
Consensus - Agenda?
Consensus - Agenda?
Consensus - Agenda?
Consensus- Agenda?
04/01/2003 TUE 11:09 FAX
April 1, 2003
R ECEI
APR 0 1 2003
City o S
k
r t Y f o 1 lv
y oA ae
Mr. Lee Walton, Acting City Manager
City of Spokane Valley
11707 East Sprague Avenue, Suite 106
Spokane, Washington 99260
Re: Interim Parks Agreement
Dear Lee:
OFFICE OF COUNTY COMMISSIONERS
JOIN RcSKEaLEY, LST Dr"irR1Cr • KATE MCCASUN, 2ND DISTRICT • PMoLLQ' D. HARRIS, 3RD DISTRICT
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 "INTERLOCAL AGREEMPNT
BETWEEN SPOKANE COUNTY AND THE CITY OF SPOKANE VALLEY RELATING TO
TITS OWNERSHIP, FUNDING, OPERATION AND MAINTENANCE OF PARKS, OPEN
SPACE, RECREATION FACILITIh S 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
continue to provide Base Level Services and Senior Center Services.
Accordingly, this correspondence is to at as a Memorandum of Understanding•( "MOU") between
the County and City. Under the terns of the MOU the County will agree to provide Base Level
Services and Senior Center 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 WEST RRAADWAY AVENUE - SPOKANE, WASHINGTON 99260-0100 • (509) 456 -2265
VIA FACSIMILE Sr MAIL
(509) 921-1008
001/002
04/01/2003 TUE 11:09 FAX
Mr. Lec Walton, Acting City Manager
April 1, 2003
Page 2
The County will charge the City all actual costs for providing Base Level Services and Senior
Center Services 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 Serves 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,
(
FRANCItNE M. BOXER
Chief Executive Officer
Enclosure
Reviewed and Accepted this day of , 2003.
O:u etterslwal ton-boxer prkcs 040 ] 03. aC
x�y
LEE WALTON, Acting City Manager
e 002/002
03120/2003 09:33 FAX 509 477 3672
STTwEN J. TUc {na
PROSECUTING ArroRxEY
0
Criminal Department
PS$-1
1100 W. Mallon Avenue
Spokane, WA 992604270
(509) 477.3662 FAX: 477 -3409
ova Department
s&T
1115 W. Broadway
Spokane. WA 99260 -0270
(509)477.5761 PAX:477.3672
SPOK CO PA CIVIL
March 20, 2003
OFFICE OF PROSECUTING ATTORNEY
From: James P. Emacio
Chief Civil Deputy Prosecuting Attorney, Civil Division
Spokane County Prosecuting Attorney's Office
Telephone No.: (509) 477 -5764
FAX Phone No.: (509) 477 -3672
Domestic Violence Unit
PSB-1
901 N Monroe, Suite 290
Spokane, WA 99201
(509)635.4500 FAX1115-4552
00
RECEIVED
City CP 913oTaNe Valley
Pages 16
MAID 2 0 2CC3
MAIL TO:
Civil Division
MAIL STOP S&T
1116 W. Broadway Avenue
Spokane, WA 99260 -07
(509) 477 -5764 FAX: 477 - 3672 j..44
Please FAX to: Ruth Muller, City Clerk
FAX Phone No: (509) 921 -1008
****************************************** * * * * * * * * * *** * * * * * * * * ** * * * * * * * **
****************************************** * * * * * * * * * * * # * * * ** * * ** * * * * * * * ***
Re: Interlocal Agreement — Ownership, Funding, Operation and
Maintenance of Parks, Open Space, Recreation Facilities and Programs
WARNING: Most Fax machines produce copies on thermal paper. The image produced is highly unstable and
will deteriorate significantly in a few years. This record should be copied on a plain paper copier prior to filing as
a record.
******* 4********* O************i O*** 4* 4********** 4* M** ** 4*** 4* 4** *9M *0 *** ** * * * * *4M ** *4* *4 ** *** *4
If there are any questions regarding the message sent, please contact Tamara, Civil Department, Prosecuting
Attorney's Office, 477 -5764.
*** 444,*•.+ 44******* 0*****U**** 4************************* 4****** 4 * * * *t* *60 * *4* * * * *M*4** * * ** * ** *4
NOTICE: The irSormation contained in this transmission is privileged and confidential It is intended for the use of the
individual or entity named above. If the reader of this message is not the intended addressee, the reader is hereby
notified that any consideration, dissemination or duplication of this communication is strictly prohibited. If the addressee
has received this communication in error, please return to the above address by mail and notify this office immediately
by telephone. Thank you.
0
Drug/ Property Department
PSB-1
721 N. Jefferson
Spokane, WA 99260 -0270
(509) 477-6416 FAX 477-6150
0
Juvenile tnpertmcnt
PSB -1
1200 W. Mattnn Avenue
Spokane, WA 99260 -02.70
(509) 4776046 FAX 477 -6444
03=20/2003 09:33 FAX 509 477 3672 SPOK CO PA CIVIL 2h002
Return to:
Pagel of 12
Daniela Erickson
Clerk of the Board
1116 West Broadway
Spokane, Washington 99260
DRAFT
3/20/2003
1, 1NTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY
2 AND THE CITY OF SPOKANE VALLEY RELATING TO THE OWNERSHIP,
3 FUNDING, OPERATION AND MAINTENANCE OF PARKS, OPEN SPACE,
4 RECREATION FACILITIES AND PROGRAMS
5
6 THIS AGREEMENT, made and entered into by and between Spokane County, a political
7 subdivision of the State of Washington, having offices for the transaction of business at 1116 West
8 Broadway, Spokane Washington 99260, hereinafter referred to as "COUNTY," and the City of
9 Spokane Valley, a municipal corporation of the State of Washington, having offices for the
10 transaction of business at the Rcdwood Plaza, 11707 East Sprague Avenue, Suite 106, Spokane
11. Valley, Washington 99206, hereinafter referred to as "CITY" jointly hereinafter referred to as the
12 "PARTIES."
13
14 WITNESSETH
15
16 WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County
17 Commissioners has the care of County property and the management of County funds and
18 business; and
19
20 WHEREAS pursuant to the provisions of chapter 39.34 RCW, two or more public
21 entities may jointly cooperate between each other to perform functions which each may
22 individually perform; and
23
24 WHEREAS, pursuant to the provisions of RCW 35.02.225, a newly incorporated city
25 may contract with a county to provide essential services; and
26
27 WHEREAS, all local governmental authority and jurisdiction with respect to the newly
28 incorporated area transfers from Spokane County to the City of Spokane Valley upon the official
29 date of incorporation; and
30
31 WHEREAS, the City of Spokane Valley desires to own, operate, and maintain parks,
32 open space, recreation facilities and programs within its boundaries which were previously
33 owned, operated and/or maintained by Spokane County; and
34
03/20/2003 09:34 FAX 509 477 3672 SPOK CO PA CIVIL @003
1 WHEREAS, Spokane County desires to divest itself of ownership, operation,
2 maintenance and financial responsibility for parks, open space, recreational facilities and
3 programs inside the boundaries of the City of Spokane Valley; and
4
5 WHEREAS, it is in the best interest of the public that the City of Spokane Valley and
6 Spokane County take appropriate actions to ensure a smooth transition in the ownership,
7 operation and maintenance of parks, open space, recreational facilities and programs to avoid
8 di sruption of service.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
NOW THEREFORE for and in consideration of the mutual promises set forth hereinafter,
the PARTIES do mutually agree as follows:
SECTION NO. 1: CONVEYANCE
1.1 COUNTY shall convey to CITY by individual quit claim deed in "as -is condition" all of its
rights, title and interests, and when possible assign any leasehold interest or shared use
responsibility, in the parks, open space(s) and recreation sites, hereinafter collectively
referred to as "Properties," or individually referred to as "Property," listed in subsection 1.2
hereinafter, as well as all personal property permanently affixed thereto such as play
equipment and ball field improvements. Consideration for each transfer will be $ 1.00 and
other consideration more particularly described hereinafter.
1.2 The Properties to be transferred include:
Page 2 of 12
Myrtle Point
Opportunity Township Hall
Valley Mission Pool
Valley Senior Center
Valley Mission Park
Valley Mission Park (South)
Balfour Park
Brown's Park
Buttercup Park
Edgecliff Park
Western Dance Center
Sullivan Park
DRAFT
3/20/2003
Mirabeau Point Park
Park Road Park
Park Road Pool
Terrace View Park
Terrace View Pool
Castle Park
PARTIES recognize that the COUNTY acquired Properties with public funds and also from
private gifts/donations. CITY agrees to comply with any conditions imposed upon
COUNTY by its use of public funds in acquisition or improvement of any Property or
conditions imposed on private donations used to acquire or improvement any Property.
A condition precedent to the transfer of any Property which the COUNTY acquired or
improved with grant moneys from the Washington State Interagency Committee for Outdoor
Recreation ( "IAC ") will be (1) CITY'S adoption of a Park Plan and (ii) IAC'S approval of the
transfer. CITY agrees to timely adopt a Park Plan and apply for IAC approval of the Park
P lan.
03/20/2003 09:34 FAX 509 477 3672 SPOK CO PA CIVIL g004
Page 3 of 12
DRAFT
3/20/2003
1 Each Party shall pay its own expenses in conjunction with the transfer of any Property
2 including but not limited to fees and expenses of agents, representatives, counsel and
3 accountants.
4
5 Closing costs shall be apportioned according to custom in Spokane County.
6
7 ALTA Title insurance shall be at the sole cost of CITY.
8
9 PARTIES shall mutually agree to a closing date for any Property. Provided, however, the
10 closing date(s) shall not affect CITY'S obligation to maintain, operate, repair, and improve
11 the Properties as of April 1, 2003.
12
13 CITY agrees and covenants to own, operate and maintain the Properties in perpetuity as
14 public parks, public recreational facilities, and/or public open spaces respectively. CTTY
15 may trade any Property or part thereof for another public park, public recreational property,
16 and/or public open space of equal or greater value. Transfers of any Property initially
17 acquired by COUNTY with moneys from Washington State Interagency Committee for
18 Outdoor Recreation will require IAC approval.
19
20 C1.TY agrees and covenants that it will not in any way limit or restrict access to and use of
21 any Property by non - CI'T'Y residents.
22
23 CITY agrees and covenants that any and all user fees, including charges made by any lessees,
24 concessionaires, service providers and/or other assignees, shall be at the same rate for non -
25 CITY residents as for the residents of CITY.
26
27 SECTION NO. 2: RESPONSIBILITY FOR OPERATION, MAINTENANCE, REPAIRS,
28 IMPROVEMENTS, AND RECREATION SERVICES
29
30 2.1 As consideration for COUNTY'S agreement to convey the Properties, CITY agrees to
31 assume full and complete responsibility for all maintenance, operation, repair, improvement,
32 and provision of recreation services on such Properties, to include facilities thereon, as of
33 April 1, 2003.
34
35 2.2 CITY contracts with COUNTY to maintain and operate the Properties listed in Section No. 1.2
36 on and after April 1, 2003 under the terms and conditions specified hereinafter. It is the intent
37 of the PARTIES that such responsibilities be consistent with the CITY'S Council /Manager form
38 of government provided for in chapter 35A.13RCW.
39
40 2.3 Base Level Services. Acting solely as an independent contractor on behalf of CITY,
41 COUNTY will provide routine park maintenance and operation services for the Properties
03/20/2003 09:35 FAX 509 477 3672 SPOK CO PA CIVIL X005
1 listed in Section 1.2 above at that level and standard provided to each individual Property in
2 calendar year 2002. This level of service is hereinafter referred to as "base level service."
3
4 CITY may request adjustments to individual tasks associated with base level service in order
5 to meet specific needs. COUNTY shall consider all such requests and, whenever reasonably
6 practicable, alter the work program as necessary.
7
8 COUNTY is only required to perform maintenance and operation services on the Properties
9 listed in Section 1.2 as those Properties were improved as of the 12:01 A.M. April 1, 2003,
10 the CITY's official date of incorporation. COUNTY and Cl t "Y anticipate that there may be
11 further improvements made to these Properties by CITY which will require additional
12 maintenance. CITY agrees to pay COUNTY for any increased maintenance costs to any
13 Property, regardless of the .funding source of the improvement, due to any improvement
14 thereto.
15
16 2.4 Extra or Enhanced Services. Acting solely as an independent contractor on behalf of CITY,
17 COUNTY will provide services above base level services upon written request from CITY
18 and mutual agreement as to any increased costs for such service. Such additional services are
19 hereinafter referred to as "extra or an enhanced services."
20
21 2.5 Construction of Mirabeau Meadows Park. COUNTY agrees to complete the construction
22 of Mirabeau Meadows Park. For the purpose of this Agreement, the terminology
23 "construction" shall include (1) preparing bid document(s) for the Project (Mirabeau
24 Meadows), (2) awarding the Project pursuant to County public works laws; (3) construction
25 management of the awarded Project; and (4) acceptance of the completed Project. COUNTY
26 has already prepared bid documents denominated as Project No. P3993. COUNTY agrees
27 not to award .Project if the bid of lowest responsible bidder exceeds $1.4 Million without
28 consultation and approval by CITY.
29
30 The cost of the Mirabeau Meadows Park construction will be funded solely using a portion of
31 State Grant (INTERGOVERNMENTAT. AGREEMENT) 1102 -99300 -018 estimated at $1.4
32 million. No COUNTY money will be used.
33
34 2.6 Oversee .Oesi2n of Mirabeau Point Center Place Facility ( "Facility "). County agrees
35 only to oversee the design of Mirabeau Poi.nt Center Place Facility ( "Facility"). All future
36 phase(s) of the Facility will be the sole responsibility of the CITY. For the purpose of this
37 Agreement, the terminology "oversee the design" shall mean employment of an architect to
38 design the Facility and payment for services solely from State Grant
39 (INTERGOVERNMENTAL AGREEMENT) /102- 99300 -018. No COUNTY money will be
40 used for the design of Facility. COUNTY has employed Tan Moore Architects under Project
41 Agreement No. P3983 to design the Facility. COUNTY will coordinate with CITY all major
42 decisions with respect to the design of the Facility.
Page 4 01 12
DRAFT
3/20/2003
03120/2003 09:35 FAX 509 477 3672 SPOK CO PA CIVIL 0006
Page 5 of 12
DRAT
3/20/2003
1
2 The cost to design Mirabeau Point Center Place Facility will be funded solely using a portion
3 of State Grant (INTERGOVERNMENTAL AGREEMENT) #02 -99300 -018 estimated at
4 $500,000. If there are funds remaining in the State Grant (INTERGOVERNMENTAL
5 AGREEMENT) ##02- 99300 -018 upon completion of the Mirabeau Meadows Park
6 construction and Mirabeau Point Center Place Facility design, COUNTY staff will work with
7 CITY staff to allocate unused grant moneys for completion/construction of other elements of
8 the Mirabeau Point Master Plan.
9
10 Separate from the Grant Funds allocated for design of the Mirabeau Point Center Place
11 Facility, the COUNTY has set aside S1.4 million for the construction of Mirabeau Point
12 Center Place Facility. COUNTY agrees to make this money available to CITY in the event
13 CITY elects to proceed with construction of Mirabeau Point Center Place Facility not in a
14 lump sum, but as necessary to pay consultants and contractors for services completed.
15 COUNTY shall retain any and all interest on the $1.4 million.
16
17 COUNTY shall not have an obligation to operate or maintain either the Mirabeau Meadows
18 Park or Mirabeau Point Center Place Facility after their completion until the PARTIES
19 mutually agree as to all increased operation and maintenance costs in accordance with
20 Section 2.3 above.
21
22 2.7 Valley Mission Pool. COUNTY has set aside $1.6 million for the construction of an aquatic
23 facility intended to replace the Valley Mission Pool. COUNTY originally proposed a
24 replacement pool to be located at Valley Mission Park (South): The design of the new pool
25 has been completed. However, upon the vote to incorporate CITY, COUNTY opted to defer
26 construction of the new pool. COUNTY agrees to (i) transfer the complete plans for the new
27 Valley Mission Pool to CITY and (ii) to make available to CITY $1.6 million for
28 construction of a new pool at that location as determined by CITY and using the design
29 completed or another designed as approved by CITY. COUNTY agrees to transfer plans for
30 said pool to CITY upon execution of this Agreement. $1.6 million will be retained by
31 COUNTY and paid to CITY as needed by CITY to pay consultations and contractors in
32 conjunction with design/construction of a new pool. COUNTY shall retain any and all
33 interest on the $1.6 million.
34
35 SECTION NO. 3: DURATION
36
37 This Agreement shall commence at 12:01 A.M. on April 1, 2003 and terminate at 12:00 P.M. on
38 December 31, 2004, unless terminated as provided for in Section 10. This Agreement shall be
39 effective upon signature by both PARTIES.
40
41
42
03/20/2003 09:36 FAX 509 477 3672 SPOK CO PA CIVIL a007
1 SECTION NO. 4: COST OF SERVICES
2
3 CITY shall pay COUNTY the actual costs for base level services described herein and provided by
4 COUNTY to the Properties. For 2003 the costs of such base level services shall not include
5 equipment depreciation on equipment owned by COUNTY. The COUNTY, at its sole discretion
6 may include such equipment depreciation of equipment for calendar years 2004. The estimated cost
7 for 2003 base level services is SIX HUNDRED FIFTY -THREE THOUSAND TWO
8 HUNDRED DOLLARS and 10 /100 ($653,240.1.0). The methodology used to calculate the cost
9 of providing CITY'S base level services is set forth in Attachment "A," attached hereto and
10 incorporated herein by reference. This methodology contemplates that the CITY retains all
11 fees/revenues collected from Properties and facilities. Further, CITY shall be responsible for all
12 costs /assessments associated with ownership of park properties/facilities including but not
13 limited to electricity, sewer, water, gas, garbage, telephone, and taxes. Said costs are separate
14 from the estimated costs to provide base level services in 2003 as described herein.
15
16 In 2004, the ;PARTIES acknowledge that the estimated costs will automatically increase based
17 upon salary adjustments to include cost of living increases ( "COLA ") granted by the BOARD,
18 increased costs provided for in a Collective Bargaining Agreement, and increased costs for
19 various items set forth in Attachment `A." COUNTY will prepare an estimated cost for 2004
20 base level services using the same methodology as set forth in Attachment "A." This estimate
21 will be provided to CITY on or before October 31, 2003. This estimate will be used for the
22 purposes of 2004 billings.
23
24 COUNTY will bill CITY for the estimated cost of services, monthly, during the first week of the
25 month. For calendar 2003, the estimated cost of S653.240.10 will be divided into nine equal
26 payments of 572,582.23. Payments by CITY will be due by 5"' working day of the following
27 month. At the sole option of COUNTY, a penalty may he assessed on any late payment by
28 CITY based on lost interest earnings had the payment been timely paid and invested in the
29 Spokane County Treasurer's Investment Pool.
30
31 At the end of calendar year 2003 and 2004, using actual costs COUNTY and CITY will each
32 determine respectively whether or not the estimated costs were accurate. To the extent that the
33 CITY was over billed in any year, it will receive a credit to be applied as mutually agreed. If the
34 CITY was under billed, it will receive a debit in the subsequent billing. The adjustment will
35 normally take place in March of the year following the year services were performed but no later
36 than June 30 ( "date of determination "). At the sole discretion of the CI'T'Y, in the case of over
37 billing, or the sole discretion of the COUNTY, in the case of an under billing, the party may
38 request interest on such amount based on lost interest earnings had the under billing amount been
39 invested since the end of the calendar year to the date of determination in the Spokane County
40 Treasurer's Investment Pool or the over billing amount been invested since the end of the
41 calendar year to the date of determination in the Washington Cities Investment Pool. M &O
Page 6 of 12
DRAFT
3/20/2003
03/20/2003 09:36 FAX 609 477 3672 SPOK CO PA CIVIL
1 items chargeable to the CITY shall be directly attributable and proportionate to services received
2 by City under the terms of this Agreement.
3
4 SECTION NO. 5: NOTICE
5
6 All notices or other communications given hereunder shall he deemed given on: (1) the day such
7 notices or other communications are received when sent by personal delivery, or (ii) the third day
8 following the day on which the same have been mailed by first class delivery, postage prepaid
9 addressed to COUNTY at the address set forth below for such Party, or at such other address as
10 COUNTY shall from time -to -time designate by notice in writing to the other PARTIES:
11
12 COUNTY: Spokane County Chief Executive Officer or his/her authorized representative
13 1116 West Broadway Avenue
14 Spokane, Washington 99260
15
16 CITY: City of Spokane Valley City Manager or his/her authorized representative
1.7 Redwood Plaza
18 11707 East Sprague Avenue, Suite 106
19 Spokane Valley, Washington 99206
20
21 SECTION NO. 6: COUNTERPARTS
22
23 This Agreement may be executed in any number of counterparts, each of which, when so
24 executed and delivered, shall be an original, but such counterparts shall together constitute but
25 one and the same.
26
27 SECTION NO. 7: ASSIGNMENT
28
29 COUNTY may assign any of its responsibilities under the terms of this Agreement so long as the
30 COUNTY remains responsible for oversight and supervision of all responsibilities.
31
32 SECTION NO. 8: LIABILITY
33 (a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees,
34 or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and
35 damages of any nature whatsoever, by any reason of or arising out of any negligent act or
36 omission of COUNTY, its officers, agents and employees, or any of them relating to or arising
37 out of performing services pursuant to this Agreement. In the event that any suit based upon such
38 claim, action, loss, or damages is brought against CITY, COUNTY shall defend the same at its
39 sole cost and expense; provided that CITY reserves the right to participate in said suit if any
40 principle of governmental or public law is involved; and if final judgment in said suit be
41 rendered against CITY, and its officers, agents, and employees, or any of them, or jointly against
Page 7 of 12
DRAFT
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g008
03/20/2003 09:37 FAX 509 477 3672 SPOK CO PA CIVIL
Page 8 of 12
DRAFT
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0009
1 CITY and COUNTY and their respective officers, agents, and employees, COUNTY shall
2 satisfy the same.
3
4 (b) CITY shall indemnify and hold harmless COUNTY and its officers, agents, and employees,
5 or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and
6 damages of any nature whatsoever, by any reason of or arising out of any negligent act or
7 omission of CITY, its officers, agents and employees, or any of them relating to or arising out of
8 performing services pursuant to this Agreement. In the event that any suit based upon such
9 claim, action, loss, or damages is brought against COUNTY, CITY shall defend the same at its
10 sole cost and expense; provided that COUNTY reserves the right to participate in said suit if any
11 principle of governmental or public law is involved; and if final judgment in said suit be
12 rendered against COUNTY, and its officers, agents, and employees, or any of them, or jointly
13 against COUNTY and CITY and their respective officers, agents, and employees, CITY shall
14 satisfy the same.
15
16 (c) The foregoing indemnity is specifically intended to constitute a waiver of each party's
17 immunity under Washington's Industrial Insurance Act, Chapter. 51 RCW, respecting the other
18 Party only, and only to the extent necessary to provide the indemnified party with a full and
19 complete indemnity of claims made by the indemnitor's employees. The PARTIES
20 acknowledge that these provisions were specifically negotiated and agreed upon by them.
21
22 (d) COUNTY and CITY agree to either self insure or purchase polices of insurance covering the
23 matters contained in this Agreement with coverages of not less than $5,000,000 per occurrence
24 with S5,000,000 aggregate limits including for staff professional liability and auto liability
25 coverages.
26
27 SECTION NO. 9: RELATIONSHIP OF THE PARTIES
28
29 The PARTIES intend that an independent contractor relationship will be created by this Agreement.
30 No agent, employee, servant or representative of COUNTY shall be deemed to be an employee,
31 agent, servant or representative of CITY for any purpose. Likewise, no agent, employee, servant or
32 representative of CITY shall be deemed to be an employee, agent, servant or representative of
33 COUNTY for any purpose.
34
35 'SECTION NO. 10: MODIFICATION AND TERMINATION
36
37 This Agreement maybe modified in writing by mutual agreement of the PAR.t.1LS.
38
39 Any Party may terminate only the maintenance and obligation of COUNTY set forth in 2.2, 2.3 and
40 2.4 herein for any reason whatsoever upon a minimum of 90 days written notice to the other Party.
41
03/20/2003 09:37 FAX 509 477 3672 SPOK CO PA CIVIL. [ib 010
DRAFT
3/20/2003
1 Any Party may terminate this Agreement for breach of any provision concerning the providing of
2 maintenance and operation services or payment of consideration upon thirty days (30) advance
3 written notice to the breaching Party. If the defaulting Party cures the breach to the satisfaction of
4 the notifying Party within the thirty-day (30) time frame or such time frame as is reasonably
5 necessary to cure the default, then the notice of termination shall be void.
6
7 Upon termination, CITY shall be obligated to pay for only those basic level services and extra or
8 enhanced services rendered prior to the date of termination based upon a pro rata allocation of costs
9 to the date of termination.
10
11 SECTION NO. 11: PROPERTY AND EQUIPMENT
.12
13 The ownership of all equipment owned and utilized by COUNTY in providing maintenance and
14 operation services under this Agreement or acquired by COUNTY from the consideration by CITY
15 for such maintenance and operation services shall remain with COUNTY upon termination of this
16 Agreement. Provided, however, the PARTIES acknowledge that CITY may purchase equipment
17 and provide such equipment to COUNTY to perform such maintenance and operation expenses.
18 The ownership of any equipment acquired by CITY and made available to COUNTY to provide
19 maintenance and operation services under the terms of this Agreement shall remain with CITY
20 upon termination of this Agreement.
21
22 Attached hereto as Attachment "13" and incorporated herein by reference is a listing of certain
23 equipment and machinery that COUNTY presently owns and may use in conjunction with
24 providing maintenance and operation services to CITY under the terms of this Agreement. If the
25 Agreement runs its entire term without termination, COUNTY agrees to transfer to CITY at the end
26 of said terrn at no cost and in an "as -is condition" those pieces of equipment and machinery listed in
27 Attachment "13" which are still owned by COUNTY. If, for any reason, this Agreement is
28 terminated by either Party prior to December 31, 2004 COUNTY agrees to sell to CITY in as "as -is
29 condition" those remaining pieces of equipment and machinery listed in Attachment `B" which are
30 still owed by COUNTY for FIFTY THOUSAND DOLLARS (S50,000.00).
31
32 SECTION NO. 12: GENERAL TERMS
33
34 This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree
35 that there are no other understandings, oral or otherwise, regarding the subject matter of this
36 Ageement. No changes or additions to this Agreement shall be valid or binding upon the
37 PARTIES unless such change or addition is in writing, executed by the PARTIES.
38
39 This Agreement shall be binding upon the PARTIES hereto, their successors and assigns.
40
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Page 9 of 12
03%20/2003 09:38 FAX 509 477 3672 SPOK CO PA CIVIL
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DRAFT
3/20/2003
SECTION NO. 15: HEADINGS
The section headings appearing in
convenience and ready reference.
define, limit or extend the scope or
eon
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: SEVIiRA.BILITY
It is understood and arced 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.
this Agreement have been inserted solely for the purpose of
In no way do they purport to, and shall not be deemed to
intent of the sections to which they pertain.
SECTION NO. 16: REPRESENTATIVES
COUNTY hereby appoints the Spokane County Parks and Recreation Director or his/her
designee for the purpose of administering the terms of this Agreement. CITY hereby appoints
the City Parks and Recreation Director or his/her designee for the purpose of administering the
terms of this Agreement. Each PARTY'S representative agrees to meet on a monthly basis or as
necessary to address COUNTY'S provision of basic level services or extra/enhanced level
services under the terms of this Agreement. In the event there is a disagreement between the
PARTIES, it shall be forwarded to the COUNTY CEO and CITY Manager for resolution.
Spokane County Parks and Recreation Director or his/her designee agrees to attend staff
meetings as requested by the CITY Manager.
Page 10 of 12
03/20/2003 09:38 FAX 509 477 3672 SPOK CO PA CIVIL.
Page 11 of 12
DRAFT
3/20/2003
[A 0 a. 2
1 SECTION NO. 17: REPORTING
2
3 COUNTY, through the Spokane County Parks and Recreation Director or his/her designee shall
4 provide a mutually acceptable quarterly report to CITY that will contain information relating to
5 services performed under the terms of this Agreement during the preceding quarter.
6
7 SECTION NO. 18: STAFFING
8
9 COUNTY shall have the sole right and responsibility to hire, assign, retain and discipline all
10 employees performing services under this Agreement according to collective bargaining agreements
11 and applicable state and federal laws. COUNTY agrees to meet and confer with CITY with respect
12 to staff are assigned to provide such services.
13
14 SECTION NO. 19: RECORDS
15
16 All public records prepared, owned, used or retained by COUNTY in conjunction with providing
17 services under the terms of this Agreement shall be deemed CITY property and shall be made
18 available to CITY upon request by CITY Manager. COUNTY will notify CITY of any public
l 9 disclosure request under chapter 42.17 RCW for copies or viewing of such records as well as the
20 COUNTY's response thereto.
21
22 SECTION NO. 20: ASSURANCE
23
24 COUNTY represents and assures CITY that no other city or town will receive more favored
25 treatment in receipt of park maintenance and operation services than that made available to the
26 CITY for similar services.
27
28 IN WITNESS WHEREOF', the PARTIES have caused this Agreement to be executed on
29 date and year opposite their respective signatures.
30
31 DATED: BOARD OF COUNTY COMMISSIONERS
32 OF SPOKANE, COUNTY, WASHINGTON
33
34
35 JOHN ROSKELLEY, Chair
36 ATTEST:
37 VICKY M. DALTON
38 CLERK OF THE BOARD PHILLIP D. HARRIS, Vice - Chair
39
40
41 13Y: M. KATE MCCASLIN
42 Daniela Erickson, Deputy
03'20/2003 09:39 FAX 509 477 3672 SPOK CO PA CIVIL.
DRAFT
3/20/2003
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2 DATED: CITY OF SPOKANE VALLEY:
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4 Attest: By:
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6 Its:
7 City Clerk (Title)
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9 Approved as to form only:
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Acting City Attorney
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Page 12 of 12
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03%20/2003 09:39 FAX 509 477 3672
Spokane County Parks and Recreation
(Spokane Valley)
12- NIanth Budget Year 2003
Full Time Employee
PARKS-
Administrative Personnel, Wa ge s/Benefits Percentage of Time Parks Director 32,590.78 40%
Services Manager 45,665.64 60%
Office Manager 5,96414 10%
Office Assistant 3 15,339.38 50%
23 40 % 897.
Accounting Tech 4 18, N/A
Director 1,890.00
Facilities Stab Assistant 720.00 N/A
Sub Total 121,067.17
Majntenance Personnel,. 100%
Trades Specialist 50,744.50 5005
Trades Specialist 25,372.25 100%
Maintenance Worker 11 42,668.00
Mechanic 11 21,481 -75 42%
Extra Help 28,000.00
Soh Total 168,266.50
Cost allocation for maintenance and operation of Valley Park Properties: 57,924.60
Cosi of Supplies & Materials for Maintaining Valley Parks 109,24234
For estimated utility expenses see attached expense sumnetry
Cost of Equipment M &O 26,253.20
Un- anticipated Repairs and Maintenance due to Mother Nature and Vandalism 35,000.00
Total Cost to the City for Operations of the Park Properties: 517,753.81
AQUATiCS-
M aintetignesand Administration 4,073.86 5 %g
Parks Director
Services Manager 7,610.94 10%
Office Manager 2,982.03 5%
Recreation Program Coordinator 6,014.40 10%
Office Assistant 4 2,099.25 5%
Accounting Tech 4 4,724.30 106
Trades Specialist 22,812.00 45%
M echanic 11 2,55735 5%
Maintenance Extra Help 5 711.20
58,585.33
Aquatics Extra Help
Aquatics Coordinator
Pool Manager> & Lifeguards
. Sub Total
Cost allocation for maintenance and operation of Valley Pool Facilities:
Cost of operating Supplies. Chemicals, Utilities, etc. for Valley Pools
For estimated utility expenses sec attached expense sumrrtary
Cost of Equipment M&O
Page 1 of 2
SPOK CO PA CIVIL a01.4
4,176.90
76,283.00
81 ,159.90
27,977.00
14,700.00
3,731.42
Total Cost to the t. fur Operations of the Pool Properties: 186,153.65
SENIOR CENTER-
Parks Director 4,073.86 , 5%
Services Manager 7,610.94 I0%
Office Manager 2,982.03 5%
Senior Center Coordinator 24,886.18 50%
Accountant Tech 4 2,362.15 5%
Maintenance Worker II 6,400.20 15%
Mechanic El 1,534.40 3%
Extra Hclp (Janitor & Bus Drivers) 13.237,07
Sub Total 63,086.83
Cost allocation for maintenance and operation of' Valley Senior Ccnicr 1 2,629.98
Cost of Supplies ,C: Materials for Maintaining Valley Senior Center 5,992.00
*For estimated utility expenses see attached expense summary
Cost of Equipment M&O 449.84
Total Coat to the City for Operations of the Senior Center: 82,158.65
Grand Total Operations of Parks, Aquatics & Senior Center: 786,066.11 (Year 2003)
ATTACHMENT "A"
03/20/2003 09:39 FAX 509 477 3672 SPOK CO PA CiVIL
Spokane County Parks and Recreation Contract with City of Spolwne Valley as of April 1, 2003
PARKS - *As of April 1, 2003 there would be a reduction in all Personnel Costs by 25% except extra help personnel. There are no costs for extra help
personnel for January. February and March. There would also be a 25% reduction in the Cost of Supplies & Materials and Equipment M &O.
There would be no reduction in the un- anticipated repairs and maintenance amount
Administrative Personnel: Wages/Benefits
Parks Director 24,443.10 25% reduction
34,249.23 25% reduction
Office Manager 4,473.18 25% reduction
Office Manager
UfSce Asistant 3 11,504.61 25% reduction
Accounting Tech 4 14,172.93 25% reduction
Facilities Director 1,417.50 25% reduction
Facilities Stall Assistant 540.00 25% reduction
Sub TontI 90,800.55
Maintenance Personnel:
Trades Specialist 311,05839 25% reduction
Trades Specialist
19,029.24 25% reduction
Maintenance Worker 11 32,001.03 25% reduction
Mechanic II 16,111.35 25%reduction
Extra Help
211,000.00 no reduction
Sub Total 133,200.01
Cost allocation for maintenance and operation of Valley Park Properties: 44,844.92 25% reduction/riot extra help
Cost of Supplies & Materials for Maintaining Valley Parks 81,931.77 25% reduction
For estimated utility expenses see attached expense summary
Cost of Equipment M &O 19,689.93 25% reduction
Unanticipated Repairs and Maintenance due to Mother Nature and Vandalism 35,000.00 na reduction
Total Cost to the City for Operations of the Park Properties: 405,467.18
AQUATICS- The aquatics season does not start until alter April, therefore not reduction in costs are calculated
Maintenance and Administration
Parks Director 4,073.86 no reduction
Services Manager 7,610.94 no reduction
Office Manager 2,982.03 no reduction
Recreation Program Coordinator 6,014.40 no reduction
Office Assistant 4 2,099.25 no reduction
Accounting Tcch 4 4,724.34 no reduction
'Trades Specialist 22,812.0 no reduction
Mechanic 11 2,557.35 no reduction
Maintenance an Help 5,711.20 no reduction
58,585.33
Grand Total Operations of Parks, Aquatics & Senior Center: 653,240.10 (Year 2003)
Page 2of2
Aquatics Extra Help
Aquatics Coordinator
Post Managers & Lifeguards
Sub Total
4,176.90 no reduction
76,983.00 no reduction
81,159.90
27,977.00 no reduction
14,700.00 no reduction
g015
Cost allocation for maintenance and operation of Valley Pool Facilities:
Cost of operating Supplies, Chemicals, Utilities, etc. for Valley Pools
•For estimated utility expenses see attached expense summary
Cost of Equipment M &O 3,731.42 no reduction
Total Cost to the City for Operations of the Pool Properties: 186,153.65
SENOR CENTER- 'As of April 1, 2003 there wonted he a reduction in all costs by 25%
Director 3,055.41 25% reduction
Services Manager 5,708.25 25 % reduction
Office Manager 2,236.53 25% reduction
Senior Center Coordinator 18,664.65 7595 rcdurtian
Accountant Tech 4 1,771.65 25 %reduction
Maintenance Worker [1 4,800.15 25% reduction
,Mechanic 11 1,150.83 25% reduction
Extra Help (Janitor & Bus Drivers) 9,927.81 25% reduction
Sub Total 47,315.28
Cost allocation for maintenance and operation of Valley Senior Ceatter 9,472.52 25% reduction
Cost of Supplies & Materials for, Maintaining Valley Senior Ccntcr 4,49446 25% reduction
For estimated utility expenses sec attached expense summary
Cost of Equipment M &O 337.41 25% reduction
Total Cost to the City for Operations of the Senior Center: 61,619.27
•
03V20/2003 09:40 FAX 509 477 3672
Spokane County Parks Equipment and Machinery Package
(City of Spokane Valley)
Estimated Estimated Equip
Current Value Replacement #
Cost
$10,000.00
57,500.00
56,000.00
56,000.00
S6,000.00
56,000.00
54,000.00
$4,000.00
58,500.00
558,000.00
S50,000.00
545,000.00
$15,000.00
$15,000.00
$15,000.00
$15,000.00
$15,000.00
$15,000.00
$40,000.00
5225,000.00
Estimated Estimated Equip
Current Value Replacement #
Cost
55,000.00 510,000.00
$1,200.00 52,500.00
51,000.00 56,000.00
51,000.00 56,000.00
58,000.00 $12,000.00
58,000.00 $17,000.00
S8,000.00 $17,000.00
58,000.00 $17,000.00
54,000.00 58,000.00
52,000.00 56,000.00
540,000.00 $100,000.00
55,000.00 520,000.00
55,000.00 $20,000.00
52,000.00 52,500.00
5400.00 5550.00
$200.00 $600.00
$98,800.00 5245,150.00
$156,800.00 5470,150.00
Total Total
SPOK CO PA CIVIL
Vehicles
461 2 Ton 1974 Ford F -150
465 1 Ton 1986 Chevy C -30
428 114 Ton 1988 Chevy S -10
429 1/4 Ton 1988 Chevy S -10
430 1/4 Ton 1988 Chevy S -10
433 1/4 Ton 1988 Chevy S -10
508 1/4 Ton 1983 Ford Ranger
511 1/4 Ton 1983 Ford Ranger
431 1 Ton 1988 Chevy C -30
Machinery
1 Kawasaki Mule 1992 4X2
Portable Herb Sprayer
484 Haulette/Trailer 1972
485 Haulette/Trailer 1972
501 5th Wheel Trailer 1994
1 Olathe Turf Sweepers 1984
2 Olathe Turf Sweepers 1984
3 Olathe Turf Sweepers 1984
Orsi Flail Mower CR 350
Jacobsen Over Seeder
423 Toro Gang Mower 1991
10 72" Riding Mower 1992
11 72" Riding Mower 1994
Generator
Weed Trimmers (4)
Backpack Blower (2)
ATTACHMENT `B"
Miles
84,581
60,381
45,044
46,869
40,364
51,395
58,751
49,067
71,294
1652 Hours
SmaII
SmaII
SmaII
Medium
4547 Hours
4814 Hours
482 Hours
2711 Hours
1043 Hours
900 Hours
fib016
CITY OF SPOKANE VALLEY
SPOKAYE COUNTY, y�/ WASHINGTON
ORDINANCE NO.
Apr 1 200.3 15 :07 P.07
AN ORDl NAJ CE. OF TEE CM OF P R A INE VALLEY, SPOKANE COUNTY,
; ,
WASHINGTON, ADOPTING REGULATIONS FOR SPECIAL EVENTS.
WHIEE&EAS, 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, TEBREFORE, the City Council of the City of Spokane Valley, Washington, do
ordain as follows:
Sect1nxt 1. Definitions.
• "Applicant" is the person, firm or entity making application fora permit
13.
"Parade" means any march or procession consisting of people, animals, bicycles,
vehicles, or combination thereof, except wedding processions and fu.neraI processions, upon any
public street or sidewalk which does not comply with adopted traffic regulations or controls,
"Run" means an organized procession or race consisting of people, bicycles, or
other vehicular devices or combination thereof containing ten (10) 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.
E. "Special Event" ms any parade, nub strut dance, or other demonstration and
exhibition.
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.
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. Ferrnit ,pjioation -Fee. The fee for a special event shall be determined
by Resolution.
Section 4. permit - Application - Contents. Applications for a spacial events permit
G,' Sty of Spa]ainc valkcy 14314\Ord iniTheceOrdintrIcc 1 O. NU i,poc
Apr 1 2003 15:07 P. 08
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 v.aiting of approval or disapproval, no
later than five (5) days following the date of application.
Section 6. Bond Required. The City Manager shall require a cash deposit or
performance bond as a guarantee that the area or street 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
$500.00. 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 $500.00, 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 $100,000.00 for each incident. Evidence of insurance shall be
filed with the application and shall name the City of Spokane Valley as additional named
insured.
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 Hearing Examiner by filing a written notice of the appeal within ten
(10) days from the City Manager's decision. Upon such appeal, the Hearing Examiner may
reverse, affirm, or modify the City Manager's determination.
Section 1,X. 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; (0 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
supervening occurrence. All other refunds shall be at the discretion of the City Manager.
G:'CCiry of Spore valley 14324\Crdinances\Ordinancc No. NUI.doc
Section 12. ut and Policy- To implement the Special Event permit, the City
Manager may develop and adopt rules, policies arid forms consistent with this ordinance. All
adopted rules, policies and forms shall be filed with the City Clerk,
Section. ViolatiorxlFenaltrt , Violation of this order cc is a Class I Civil infraction.
Section 14. everability. If afy section, sentence, clause or phrase of this Ordinance
should be held to be invalid or unconstitutional by a ;curt of competent jurisdiction, such
invalidity Or unconstitutionality shalt not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
Section 25. Effective Date. This Ordinance shall be in full force and effect five ( )
days offer the date elate of publication of this Ordinance or a summary thereof to the official
newspaper of the City.
ATTEST:
PASSED by the City Council this
Interim City Clerk, Ruth Muller
Approved As To Form:
Interim City Attorney, Stanley M. Schwartz
Date of Publication_
Effective Date:
CriC 'iky of Sp .lcma valley t4324%O di nmCCS10rdiaalix yp NUI.doc
day of April, 2003.
Mayor, Michael Del /leming
Rpr 1 2003 15 :07 P.09
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 OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, ADOPTING REGULATIONS FOR SPECIAL EVENTS.
The introductory paragraphs state
Section 1
Section 2
Section 3
Section 4
Section 5
Section '6
Section 7
Section 8
Section
Section 10
Section 11
Section 12
Section 13
Section 14
Section 15
Section 16 establishes a severability clause in the event some portion of the Ordinance is held
invalid.
Section 17 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 mailed out upon request.
Ruth Muller
Interim City Clerk
Published:
GAC1City of Spokane Valley 14324\ Orslinances1Ordinmtee No. NULdoe
City of Spokane Valley
11707 E. Sprague
Spokane, WA 99206
(509) 921 -1000
NOTICE OF ORDINANCE PASSEL)
BY SPOKANE VALLEY CITY COUNCIL
Apr 1 2003 15 :08 P. 10
• Return to:
Daniela Erickson Spokane Valley Contract
Clerk of the Board No. CO3 -19
1116 West Broadway Approved:
Spokane, Washington 99260
INTERi.,AL AGREEMENT BETWEEN SPOKANE COUNTY
AND CITY OF SPOKANE VALLEY
REGARDING DATA PROCESSING SERVICES
(April 1, 2003 — December 31, 2004)
THIS AGREEMENT, IiI NT, 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 1116 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 "CITY," jointly hereinafiier referred to as
the "PARTIES."
WITNI SSFTH:
WHEREAS, pursuant to the provisions of R.CW 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 R.CW, 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 (Interdocal Cooperation Act), authorizes counties and
cities to contract with each other to perform certain functions which each inay legally perf'orrn; 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 .Infon- nation Systems Department ("ISD °') will provide Data
Processing Services (`:Services ") to CITY. Such Services include Fixed Price Services and
Discretionary Services.
Fixed Price Services consist of 1) Access to .PRISM, (2) Access to WebPadal, (3) Web Access, (4)
Web/Email Access. and (5) GIS.
Discretionary Services consist of (1) Programming Services, (2) WEB Hosting Services, and (3)
GIS services not included as part of 'fixed Price Services. Such Services are more particularly
discussed in Attachments "A," "13," and "C" 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 PARTIES provides notice of termination as further described
in Sections No. 5 and 10 of this Agreement, Provided, however, CITY agrees that there is a certain
lead time is necessary in conjunction with COUNTY providing certain Service;- Accordingly,
although the terns of Agreement with commence as of the date executed by both PARITFS, Ole
actual provision of certain Services will riot necessarily commence as of that date.
SECTION NO. 3: COST OF SERVICES AND PAYMENTS
CITY shall pay COUNTY the actual costs of COUNTY providing Fixed Price Services and
Discretionary Services under this Agreement.
Costs for Fined Price Services to include (1) Access to PRISM, (2) Access to WebPadal, (3) Web
Access, (4) WebfFrnai] Access are set forth in Attachment "A" attached Hereto and i.ncorporated
herein by reference. Costs for Fixed Price SerVies to include GIS are set forth in Attachment "B,"
attached hereto and incorporated herein by reference- Fixed Price GIS services includes CCIIJN FY
providing one (1) GIS specialist to CITY, to be housed at CITY- CITY shall pay the full costs of
such GIS specialists to include salary, benefits, supplies, materials, equipment, and
administrative overhead costs.
Costs for Discretionary Services to include (1) Programming Services, () WEB Ilosti.ng Services,
and (3) GIS senriees not included as part of fixed Price Services are set forth in Attachment "C,"
attached hereto and incorporated herein by reference,
'The PARTIES agree that the costs set forth in ,Attachments "A," "13," and "C" respectively are
projected costs. COUNTY will charge CITY actual costs. Actual costs will include direct labor,
supervision, employee benefits, equipment rental, materials and supplies, utilities, subcontracted
• work and permits and overhead costs. Labor rates can be affected by overtone, extra holiday pay,
shift differential, labor contracts, and on -call rates. Accordingly labor rates set forth in Attachment
Page 2 of 8
"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 Fixed Price Services, except GIS services, and
Discretionary 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.
COUNTY will bill CITY for costs of GIS services as set forth in Attachment "B," on a monthly
basis during the first week of each month. Monthly payments will determined by dividing those
costs set forth in Attachment "B" by actual number of months from the commencement of
providing such services through December 31, 2004. For example, Attachment "B" contemplates a
19 month budget from April 1, 2003 through December 31, 2004. Accordingly, the monthly
payments will be calculated by dividing the total 19 monthly budget of $172.980,12 by 19 and
billing the CITY $9,104.22 per month. if the COUNTY does not start providing GIS services until
May 1, 2003, then the budget will be adjusted accordingly, and the new budget through December
2004 would be divided by 18.
At the end of calendar year 2003 and calendar year 2004, using actual expenditures for all items set
forth in Attachment "13" 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
debit in the subsequent billing. The adjustment will normally take place in March of the year
following the year Services were performed.
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: CITY RESPONSIBILITIES
In conjunction with COUi\rTY 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 ISO 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 furnishing phones, desk,
chair and any other items deemed necessary for GIS specialist to perform their work.
(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.
Page3of8
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 tune -to -time designate by notice in writing to the other PARTIES:
COUNTY: Spokane County Chief Executive Officer or his/her authorized representative
1116 \Vest Broadway Avenue
Spokane, Washington 99260
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.
Page 4 of 8
(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 at or omission of CITY, its
officers, agents and employees, or any of them relating to or arising out of performing services
pursuant to this Agreement. In the event that any suit based upon such claim, action, loss or
damages is brought against COUNTY, CITY shall defend the same at its sole cost and expense;
provided that COUNTY reserves the right to participate in said suit if any principle of governmental
or public law is involved; and if final judgment in said suit be rendered against COUNTY, and its
officers, agents, and employees, or any of them, or jointly against COUNTY and CITY and their
respective officers, agents, and employees, CITY shall satisfy the same_
(c) The foregoing indemnity is specifically intended to constitute a waiver of each party's immunity
under Washington's Industrial insurance Act, Chapter 51 RCW, respecting the other party only, and
only to the extent necessary to provide the indemnified party with a full and complete indemnity of
claims made by the indcmnitor'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 PROSECUTOR deputies professional liability and 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.
Control of personnel standards of performance, discipline and all other aspects of performance,
including that of the staff, shall be covered entirely by COUNTY_
COUNTY shall furnish all personnel and such resources and materials deemed by COUNTY as
necessary to provide Services described aiidfor requested by CITY.
SFC.`TION NO. 10: MODIFICATION AND TERMINATION
This Agreement may be modified in writing by mutual agreement of the PARTIES_
Any Party, except with respect to Fixed Cr1S Services, may temiinate this Agreement for any reason
whatsoever upon a minimum of 90 days written notice to the other .arty_ Fixed GIS Services may
not be terminated by CJ.TY through the initial term of this Agreement.
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_
Page 5 of 3
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 terms 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 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.
Both PARTIES 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.
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: 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.
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
Page 6 of 8
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 Basic Services and Discretionary Services. CITY will identify a liaison for the same
purposes. The liaisons will meet regularly to review the performance of this Agreement.
The PARTIES shall each appoint representatives to review contract performance and resolve
problems, which cannot be dealt with by COUNTY and CITY liaisons. The PARTIES 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.
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.
SECTION NO. 19 RECORDS
All records 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: STAFFING
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.
Page 7of8
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
ATTEST:
VICKY M. DALTON
CLERK OF THE BOARD
BY:
Daniela Erickson, Deputy M. KATE MCCASLN
DATED: CITY OF SPOKANE VALLEY:
Attest: By:
Its:
City Clerk (Title)
Approved as to form only:
Acting City Attorney
Page 8 of 8
JOHN ROSKELLEY, Chair
PHILLIP D. HARRIS, Vice -Chair
FIXED PRICE SERVICES
Spokane County will provide the following Data Processing Services within CITY limits of
Spokane Valley. as follows (actual levels of service provided by COUNTY will be those adopted
by CITY and COUNTY in annual budget processes). Data Processing service levels as set by
CITY shall reflect City policies and may or may not be similar to County policies.
(1) Access to PRISM $35.00 / user /ip / month
(2) Access to WebPadal $35.00 / user /ip / month
(3) Web Access $4.50 / user /ip / month
(4) Web /Email Access $7.50 / user /ip / month
By participating in the Email portion of this contract CITY will have access to the combined
address book of Spokane County, City of Spokane, STA, and County Health, and
GroupShield Virus protection on the Exchange Information Store for all incoming mail
ATTACHMVIE\rT "A"
Spokane County Contract
Costs:
Employee Software Maintenance:
Contracted Application Software:
Salary plus benefits :
/SD Management Support Overhead
UNIX Desktop Support:
GIS Program, /Database Adnrirr Support:
Avista Digits! Orthos
Hourly GIS Specialist
Rate
Plotting Material Fees
Lamination Material Fees
City of Spokane Valley Direct Costs:
Cost - itemization contract for GIS Services*
for the City of Spokane Valley
*includes 1 fulltime employee charged on a time & materials
basis, workspace to be provided by CITY
Arclnfo
COGO
ArcView
Photoshop
Pagemaker
PRISM
(10 Licenses Q $35 per station per month)
GIS Specialist
Sun / Citrix
Spokane County Personal Access Only
Full City of Spokane Valley Access
County GIS Sub -Total
Dependant on Materials R. Size of Plots
Dependant on Materials & Size of Map Laminations
HP 1050 Color Ink -Jet Plotter
SEAL Laminator
Onyx Poster Shop Production House
Windows Personal Computer
Valley City Sub -Total
GRAND TOTAL:
ATTACHMENT "B"
Annual Costs
$1,520.40
5217.20
5217.20
5200.00
5200.00
54, 200.00
.5 56,161.00
513,083.57
51, 849.76
.55, 568.08
$0.00
$5,800.00
589,017.21
550.56
52.00- 545.00
510.00- S60.00
57,000.00
55,000.00
54,000.00
$1,200.00
517,200.00
5123,417.21
Contract
Period Costs
April 2003 -Dec
2004
52,660.7(
$380.1(
$380.1(
S350.0(
$350.0(
57,350.0(
598,281.7:
$22,896.2
53,237.0/
59,744.1 e
$0.0(
$10,150.0(
5155,780.1
S 17,200.0(
$172,980.1;
DISCRETIONARY SERVICES
COUNTY will provide the following Discretionary Services to the CITY at the same level,
degree and type as is customarily provided by COUNTY to the Spokane County Departments.
Actual services provided will be those requested by CITY. Such services will be in the
magnitude, nature and manner requested by CITY. CITY will set its own service standards for
all discretionary services. Discretionary services shall be requested by CITY as outlined in
ATTACI -IMENT "C-1".
(1) Technical Services - $45.00 / hour technical assistance for network and desktop issues.
(2) WEB Hosting Services - $0.33 / MB / month $150.00 one time set -up fee.
(3) GIS SERVICES outside of a contracted employee as outlined in Attachment 3
Hourly GIS Specialist Rate $50.56 /hour
Plotting Material Fees $2.00 - $45.00 (dependent on materials & size of
plots)
Lamination Material Fees $10.00 - $60.00 (dependent on materials & size of plots)
ATTACHMENT "C"
Request Number:
Nature of Request:
Location:
Requester Name:
Telephone:
Fax:
Authorization of Request of Discretionary Service:
City of Spokane Valley Authorized Signature Date
.Date:
Recommended Action:
Cost Estimate:
Authorization to Proceed:
(Printed Name)
(printed Name)
CITY OF SPOKANE VALLEY
REQUEST AND APPROVAL FOR DISCRETIONARY
DATA PROCESSING SERVICES
Project/ Work Order Number:
Proposed Schedule:
Spokane County TS') Director Date
City of Spokane Valley Authorized Signature (if cost is over $500.00) Date
ATTACHMENT "C-1"
FORM A
FOBh7 B
Fax TRANSMISSION
WITHERSPOON, KEI.LL:Y, DAVENPORT & TOOLE P,S, R EC
1100 U.S. Bank Bldg.
Spokane, WA 99201 C LJ
(509) 624 -5265 APR 0 1 2
Fax: (509) 458 -2728
City of Spokane
To: Ruth Muller Date: April 1, 2003 Valley
Fax #: 921 -1008 Pages: 10, including this cover sheet.
From: STANLEY SCHWARTZ
Subject: Ordinances
COMMENTS:
CLIENT NO. 14324 -1
CON'FIDENTIALITYNOTICE: THIS FACSIMILE TR4NSHJSSION (AND THEMATER MI.SA7TACHEDTO1T) AREPRIVATE
AND CONFIDENTLa. THE INFORMATION CONTAINED IN THE MATERIALS IS PRIVILEGED AND IS INTENDED ONLY
FOR THE USE OF THE INDIVIDUAL(S) OR ENTITY(TES)NAMED ABOVE IF YOU ARE NOT THE INTENDED RECIPIENT,
11E ADVISED TIL4TTHE UNAUTHORIZED LSE, DISCLOSURE, COPYING, DISTRIBUTION OR THE TAKING OF ANY ACTIO.\'
IN RELIANCE ON THE CONTENTS OF THIS INFORMATION IS STRICTLY PROhfIBITED. IF YOU HAVE RECEIVED THIS
FACSIMILE TRANSMISSION IN ERROR, PLE.4SE IMMEDIATELY NOTIFY US BY TELEPHONE ID ARRANGE FOR THE
RETURN OF THE TRANSMITTED DOCumENTS.
[ 1 ORIGENAL WILL FOLLOW
[XI ORIGINAL WILL NOT FOLLOW
Apr 1 2003 15:05
P. 01
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO.
Rpr 1 2003 15 :05 p.02
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.
B. "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" rneans 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
G:1CkCJty of Spobne Vo}Jcy 143241ptdinancc 1/40Winanee No. CP,doc
easement.
Apr 1 2003 15 :05 P. 03
H. "Perrnittee" is any person who has been granted and has in full force and effect a
permit issued hereunder,
"Person" is any person, firm, corporation or service provider.
3, "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 ownship 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 i5 used, improved or
maintained for publ o liSE;-
l "Street" is any street, highway, sidewalk, alley, avenue or other public way, easerment,
or other public place in the City_
Section 2. Obstruction Perrnit An obstruction permit 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. to the case of
azr emergency, a private or public utility may comrnerice 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 ofway 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 Peimit fees shall be adopted by
Resolution of the city Council,
Page 2
G_`,ClCir, of Spokane valley J4 324 dinoJSCO Oprdinoncc No. C PJdoc
, , y, .. • !.: ':r=te . " :1 1 r}`,:i \•�1. yj L4
Apr 1 2003 15 :06 P.04
Section 5. 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 permit 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. parnage 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 perrnittee. Such charge shall be immediately
paid by permittee and shall, if not paid on demand, be deemed a valid claim on the bond filed
with the City.
Section 10. Citv's Right to Restore Right - of Wav and Easements_ If the permiuee
fails to restore any City right -of -way or easement to its original a 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 perrnittee is defective and the
defect is discovered within one (1) 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 perrnittee 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
Page 3
Gf CCiyy of Spokane valley 14 324lOrdinanceskOrdininte To. CP.doc
Apr 1 2003 15:06 P. 05
permits shall be granted until the invoke for City- performed work has been paid.
Section 11L. 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 0) 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 sane to
permit The Notice shall state; (1) the work to be done; (2) the time to complete the work
which shall not exceed 30 clays; and ( that if the work is not commenced and completed vdthin
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 actiou by the City Attorney.
A bond may be waived wheare 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, shalt furnish the Director satisfactory evidence in writing that the
permitter has in force during the perfonuance of the construction work or activity, commercial
general liability insurance of not less than on million. dollars (51,000,000.00) per occurrence and
one million dollars (51,000,000,00) general aggregate duly issued, by an insurance uowpany
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 13. Indemnification and Hold Harmless. The permjttee shall defend,
indemnify and hold harmless the City, its officers, officials, employees and volunteers from any
and all claim, , iujurie.s, damages, losses or suits, including attorney fees, arising out of the pernut
issued ondcx this ordinance except as may be caused by the negligence or willful conduct on the
part of the City.
Section 14. Rules and Polk y. To implement the Obstruction Perrrkit 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 wii;h the ordinance_ All adopted rules, policies and
forms shall be fi]ed with the City Clerk,
Section 13. 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 days 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.
Page 4
G: CCity of Spokane Vstley t 4 324kOrdinanceArardin:noe N Cp.det
:d.e._. , " •
Section 17. 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 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:
Page 5
GACICi y of Spokane Valley 14 320.0xlinanceskOtdinance No. CP.doe
Mayor, Michael DeVleming
Rpr 1 2003 1506 P. 06
0401Y2003 TUE 13:43 FAX
54'..; . r. i %i r
S P O K A N Li ` =i'di �} (�: -,�' z C O U' N'
March 28, 2003
Dear Lee:
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
OFFICE
ervices
OFFICE OP COUNTY COMMISSIONERS
FRAI:CINE M. 3OxkR
CHIEF EXECU71vE OFPtCkk
X1001/002
RECEIVED
APR 0 1 2033
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 lnterlocal 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.
Accordin,Jy, 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 requiting a commission from the City's Chief of
Police.
1116 WIST ISROADWAY AVENUE • SPO_xAN , viA 99260 -0100 • (509) 477.2265 • FAX: (509) 477 -22 • fboxeI€ pokat county,org
04101!2003 TUE 13:43 FAX 3002!002
Mr. Lee Walton, Acting City Manager
March 28, 2003
Page 2
These services would be performed until both Parties formally 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 -month figure of S286,083.00 and divide it by 274 days.
This would equate to a daily rate of $1,044.10, Billings would occur once the lnteriocal
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,
c A
FRANCINE M. BOXER
Chief Executive Officer
Enclosure
OE'1 Ain xix 0323U3.UOC
Reviewed and Accepted this day of , 2003.
LEE WALTON, Acting City Manager
SrEYCN J. Tuclallt
PRotsECvnNG ArroRN2Y
❑ •
Criminal Department
PS13-1
1100 W. Mallon Avenue
Spokane, WA 99260.3270
(509) 477 -3662 FAX 477-3409
T00(21
- it . '3 - ..
. ._.. Ili ,1„.:
I� C„ t
S P O K A N E ! r gii;4 1 : : Z.,F a ' :..'.
2
Please PAX to: Ruth Muller City Clerk
FAX Phone No: (509) 921-1008
***•************************************” * * * * * * *• * * * * * * * * * * * * * * * * * * * * * **
From: James P. Emacio
Chief Civil Deputy Prosecuting Attorney, Civil Division
Spokane County Prosecuting Attorney's Office
Telephone No.: (509) 477 -5764
FAX Phone No.: (509) 477 -3672
***************************** * * * * * * * *** ** *** ** ** * * * * * ** ** * ** **444** * ** * **
Re: Interlocal Agreement:
• Animal Control
• Animal Spokane Valley Services
• Animal Spokane Valley Costs
• Animal Spokane Valley Time Study
If there are any questions regarding the message sent, please contact Tamara, Civil Department, Prosecuting
Attorney's Office, 477 -5764.
********* w************************.•************ s***** * * ** * * * * * * *.or*. * * ** * * * ** * ** * ** *444.4- * * * ** **
NOTICE: The information contained in this transmission is privileged and confidential. It is intended for the use of the
individual or entity named above. If the reader of this message is not the intended addressee, the reader is hereby
notified that any consideration, dissemination or duplication of this communication is strictly prohibited. If the addressee
has received this communication in en please return to the above address by mail and notify this office immediately
by telephone. Thank you.
WARMING: Most Fax machiues produce copies on thermal paper. The image produced is highly unstable and
will deteriorate significantly in a few years. This record should be copied on a plain paper copier prior to filing as
a record.
❑
Gull Deptramsnt
S &T
1115 W. Droadway
Spokane, WA 99260-0270
(509)477-5764 FAX:477 -3672
OFvica OP PROSECUTING MIORNEY
March 5, 2003
❑
Dcenestie V1Otence Unit
PS&1
9W N Monroe, Suite 200
Spokane, WA 99201
(509) 835 -4500 i:AX8354552
Pages 17
0
Drug/Property Department
PSB-1
721 N. Jefferson
Spokane, WA 99260.0270
(509) 477-6416 FAX: 477 -6450
RECEIVED
MAR 0 5 NW
City of Spnkane Valley
COUNTY
MAIL 10:
Civil Division
MAIL STOP S&T
1116 W. Broadway Avenue
Spokane, WA 99260 -0270
(309) 477 -5764 FAX 477 -3672
0 •
Juvenile Department
FSt3 -1
1208 W. Mallon Avenue
Spokane, WA 99260-4T270
(509) 477-6046 FAX: 4774444
1IA10 tad 00 MOdS gL9E LLt' 609 DA Tt= :ET E00g /90/E0
Emacio, James
To: Iwalton@spokanevalley.org; rmuller@spokanevalley.org; smcnutt @spokanevalley.org:
sms @wkdtlaw.com
Cc: McCaslin, Kate; HIII, Nancy; Famell, Marshall
Subject: Animal Control Interlocal
Lee:
Attached is an Interlocal Agreement for Animal Control Services to include attachments. I will fax a hard copy to Ruth.
Jim
zooE
!�1
l�l
animal control Animal - Spokane animal- Spokane animal- Spokane
valley 0305934.., Valley Services... Valley costs R... Valley Time SW...
1
"IIAID Vd OD MOBS ZL9C LLB 60S XVd TO: CT EO07. /20 /E0
Return to:
Daniein Erickson
Clerk of the Board
1116 West Broadway
Spokane, Washing 99260
I1RLOCAL AGREEMENT FOR AIi IAL CONTROL SERVICES
fN THE CITY OF SPOKANE VALLEY
(April 1, 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 West 1116 Broadway Avenue, Spokane, Washington 99260, hereinafter referred
to as "COUNTY," and the City of Spokane Valley, a municipal corporation of the State of
Washington, having offices for the transaction of business at the Redwood Plaza, 11707
Bast Sprague Avenue, Suite 106, Spokane Valley, Washington 99206, hereinafter referred
to as "CITY," jointly hereinafter referred to as the 'PARTIES."
W I T N E S S E T H:
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County
Commissioners has the care of County property and the management of County funds and
business; and
WHEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley
established 12;01 A.I., April 1, 2003, as its official date of incorporation and upon that
date will commence operations as a city; and
WHEREAS, pursuant: to chapter 35.02 ,RCW, as of the official date of
incorporation, local governmental authority and jurisdiction with respect to the newly
incorporated area transfers 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 otb to perform certain functions which each may legally
perform; and
Page 1 of 9
VO4 Vd Do )1OcS 7LFn £LV ZI; ¶t VO4F:1gI/ C
WHEREAS, pursuant to RCW 36.32.120(6) and RCW 36.32.120(7), Spokane
County, through its Board of County Commissioners, may enact ordinances dealing with
animal control within the unincorporated area of Spokane County; and
WHEREAS, the City of Spokane Valley may enact ordinances dealing with animal
control within its boundaries; and
WHEREAS, Spokane County has established an Animal Control Department
managed by an Animal Control Director. Spokane County also owns and operates an
animal shelter located at 2521 N. Flora Road, Spokane Valley, Washington; and
WHEREAS, the City of Spokane Valley desires to employ the services of Spokane
County to perform certain animal control functions within the boundaries of the City of
Spokane Valley.
NOW THEREFORE for and in consideration of the mutual promises set forth
hereinafter the PARTIES do hereby agree as follows:
SECTION NO. 1: PURPOSE
The purpose of the Agreement is to reduce to writing the PARTIES understanding as to the
terms and conditions under which COUNTY, through its Animal Control Department, will
provide "Animal Control Services" to CITY within its boundaries. It is the intent of the
PARTIES that Animal Control Services to be provided by COUNTY will be consistent
with the City's Council/Manager form of government provided for in chapter 35A.13 RCW
and within the statutory responsibilities of a City Animal Control Officer.
For the purpose of this Agreement, Animal Control Services shall encompass the duties and
functions which the COUNTY'S Animal Control Department customarily provides within
the unincorporated areas of Spokane County. Said services shall include:
1. Enforcement of CITY'S Animal Control Ordinance;
2. Enforcement of CITY'S Inherently Dangerous Mammals/Reptiles Ordinance;
3. Enforcement of chapter 16.08 RCW (Dogs);
4. Enforcement of. chapter 16.52 RCW (Prevention of Cruelty to Animals); and
5. Enforcement of chapter 16.54 RCW (Abandoned Animals).
Enforcement includes those items sct forth in Attachment "A," attached hereto and
incorporated herein by reference, as they relate to "field services," "shelter services" and
"educational services;" the licensing of dogs, cats and inherently dangerous
Page 2 of 9
vooe
iIAI) Vd OD NOdS ZL9E LL4 6OS YYd Zv :E[ EOOZ /SO /E0
marnnia]s /reptiles; and appearing before all administrative and judicial hearings in
conjunction with such duties and functions.
COUNTY, at its discretion, may conduct surveys within CITY for unlicensed dogs and cats.
In conjunction with the enforcement of 1 and 2 herein above, CITY shall adopt and keep
current by appropriate legislative action, an (i) Animal Control Ordinance and (ii)
Inherently Dangerous Mammals/Reptiles Ordinance substantially identical to those adopted
by COUNTY as they presently exist or as they may hereinafter be modified/amended, to
include all fees/penalties. This responsibility shall not be deemed a restriction upon the
CITY's legislative power. COUNTY'S ordinances are respectively codified as of Chapter
5.04 of the Spokanc County Code and Chapter 5.12 of the Spokane County Code.
COUNTY shall provide CITY with a copy of Chapter 5.04 and Chapter 5.12 of the
Spokane County Code and all subsequent modifications /amendments thereto. CITY shall
provide COUNTY with copies of its adopted /amended Ordinances substantially identical
to Chapters 5.04 and 5.12 of the Spokane County Code.
CITY shall provide legal counsel to prosecute any citations /complaints issued by
COUNTY in enforcement of 1 through 5 herein above in the Municipal Court or Superior
Court.
In performing the above services, COUNTY will provide such personnel, as it deems
necessary as well as any and all vehicles and materials of any kind or nature whatsoever at
no cost to CITY.
Standards of performance, discipline of employees, and other matters incidental to
providing such Animal Control Services to include control/supervision of personnel shall
remain in COUNTY. All persons employed in the performance of Animal Control Services
shall be COUNTY employees. COUNTY Animal Control Director agrees to meet and
confer with CITY with respect to staff assigned to provide Animal Control Services. Issues
of discipline or performance will be specifically left to COUNTY. COUNTY shall
designate those persons it desires to be commissioned by CITY'S Chief of Police to issue
notices of infraction and criminal citations contemplated by this Agreement. COUNTY will
provide CITY's Chief of Police with appropriate information to demonstrate the
qualifications of the designated person to act under commission of CITY'S Chicf of Police.
Nothing herein contained shall make any employee of COUNTY an employee of CITY.
The COUNTY Animal Control Director or his/her designee agrees to attend staff meetings
as requested by the CITY Manager.
Page 3 of 9
SOo ij3j
1TATD Vd 03 NOdS ZL9£: at 60S xv. Z6:£T 007.. /2O /£0
CITY shall supply at its own cost and expense any special supplies or stationary which it
requests COUNTY use in providing Animal Control Services.
COUNTY will provide Animal Control Services above and beyond those set forth herein to
CITY at cost negotiated between CITY and COUNTY.
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 of the PARTIES provides notice of termination as
provided in Sections No. 4 and 9 of this Agreement.
SECTION NO. 3: COST OF SERVICES AND PAYMENTS
CITY shall pay COUNTY the actual costs for Animal Control Services provided under this
Agreement. The estimated cost for. Animal Control Services under this Agreement for
calendar year 2003 shall be TWO HUNDRED EIGHTY SIX THOUSAND EIGHTY
THREE DOLLARS ($286,083). CITY'S cost was arrived at by using the methodology
set forth in Attachment "B," attached hereto and incorporated herein by reference. The
methodology contemplates that COUNTY will retain all revenues as outlined in
Attachment "B," collected from performing such services.
The PARTIES agree to use the same methodologies contained in Attachment "B" to
arrive at the estimated costs for calendar year 2004 Animal Control Services. The
PARTIES recognize that the costs will more than likely increase in 2004. For instance,
staff may receive salary adjustments by COUNTY and/or the maintenance and operation
expenses of the Animal Control 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
Animal Control Department Time Study Analysis Report ( "Report "). This Report tracks
the actual amount of time spent by Animal Control staff on animal control services in
CITY and other areas of Spokane County.
At the end of calendar year 2003 and calendar year 2004 respectively, using the numbers in
the Report, COUNTY will determine whether or not the estimated percentage number used
as the basis for calculating costs of Animal Control Services was 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 Animal Control
Services were performed.
Page4of9
900 IJ
1IAI3 Vd 03 NOBS ZL9£ LLV 60t )Vd tit' :£T £00 /B0 /£0
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 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: NOTICE
All notices or other cornrnurtications given hereunder shall be deemed given on: (1) the day
such notices or other communications arc 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 PARTIES at the address set forth below for such Party, or at
such other address as PAW] I S shall from time -to -time designate by notice in writing to the
other PARTY:
COUNTY:
CITY:
SECTION NO. 5: 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. : ASSIGNMENT
Spokane County Chief Executive Offc .r or his/her authorized Yeprusentative
1116 West Broadway Avenue
Spokane, Washington 99260
Anirnal Control Shelter
2521 North Flora Road
Spokane Valley, Washi neon 99216
Attention; Animal Control Director
City of Spokane Valley City Manager or hislher authorized representative
Redwood Plaza
11707 Fast Sprague Avenue, Suite (06
Spokane Valley, Washington 99206
Inc Party may assign in whole or in part its interest in this Agreement without the approval
of all other PARTIES.
Page 5 of 9
Loci '1uA7: Vd OD iTOdS 7,t L!a so(J Y\ [ €Y 1MU2120 /TO
SECTION NO. 7: 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 RCW, respecting the
other party only, and only to the extent necessary to provide the indenmified 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 COUNTY
professional liability and auto liability coverages.
SECTION NO. 8: 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
Page 6 of 9
9000 •rr.AIO Vd 03 )IOdS ZL9E LL6 GO(1 XVd WET 0007/SO/E0
agent, employee, servant or CITY representative shall be deemed to be an employee, agent,
servant or representative of COUNTY for any purpose.
SECTION NO. 9: MODIFICATION/TERMINATION
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.
Upon termination, CITY shall be obligated to pay for only those Animal Control 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 to the date of termination.
Upon termination, at CITY'S option, COUNTY shall continue to provide Animal Control
Services to completion for those criminal/infraction cases filed prior to the effective date of
the termination.
SECTION NO. 10: PROPERTY AND EQUIPMENT
The ownership of all property and equipment utilized in by COUNTY is providing Animal
Control Services shall remain with the COUNTY unless specifically and mutually agreed
by the PARTIES to the contrary.
SECTION NO. 11 : ALL WRIT1 NGS CONTAINED RERUN/BINDING EFFECT
This Agreement contains terms and conditions agreed upon by the PARTIES. The
PARTIES agree that there are no other understandings, oral or otherwise, regarding the
subject matter of this Agreement. No changes or additions to this Agreement shall be valid
or binding upon the PARTIES unless such change or addition is in writing, executed by the
PARTIES.
This Agreement shall be binding upon the PARTIES hereto, their successors and assigns.
SECTION NO. 12: DISPUTE RESOLU'T'ION
Any dispute among the PARTIES with respect to the methodologies used to calculate the
2004 costs of Animal Control Services under the terms of this Agreement that cannot be
resolved between the PARTIES shall be subject to arbitration.
Page 7 of 9
60012
l LAID V61 OD MOdS 7,L9£ at 605 IVA tV: £T £007 /20 /£0
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 COUNTY and CITY.
The decision of the arbitration panel shall be binding and not subject to judicial review.
SECTION NO. 13: VENUE STIPULATION
This Agreement has been and shall be construed as having been made and delivered
within thc 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: 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 thc 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: DESIGNATION OF ADMINISTRATOR
COUNTY appoints thc COUNTY Animal Control Director or his/her designee as its agent
for the purposes of administering the terms of this Agreement. COUNTY Animal Control
Director agrees to meet with CITY on a monthly basis to review the services being provided
herein. The Animal Control Director or his /her designee will immediately notify the CITY
Manager or his/her designee of any Animal Control emergency within CITY.
Page 8 of 9
OTO J 1IAIO Vd 00 ?IOdS gL9E LL6 60S XVd PET EOOg /SO /EO
SECTION NO. 17: RECORDS
All public records prepared, owned, used or retained by COUNTY and/or Animal Control
Department in conjunction with providing Animal Control Services under the terms of this
Agreement shall be deemed CITY property and shall be made available to CITY upon .
request by CITY Manager. COUNTY or Animal Control Department will notify CITY of
any public disclosure request under chapter 42.17 RCW for copies or viewing of such
records as well as the COUNTY'S response thereto.
SECTION NO. 18: ASSURANCE
COUNTY represent and assure CITY that no other city or town will receive more favored
treatment in receipt of Annual Control Services than that made available to 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
ATTEST:
VICKY M. DALTON
CLERK OF THE BOARD
BY: M. KATE MCCASLIN
Daniela Erickson, Deputy
DATED:
Attest: (Title)
City Clerk
Approved as to form only:
H:1Valley City'Dhaft CantractsVuliiml Cattrnitianimal eantztl valley 030503- final.doc
0 [in 1IAIO Vd OD NOdS 7.L9£ LLt' 6OS XVd SP: CT T £00Z /90/£0
Acting City Attorney
Page 9 of 9
JOHN ROSKELLEY, Chair
PHILLIP D. HARRIS, Vice -Chair
CTTY OF SPOKANE VALLEY
By:
Its:
Fietd Services:
Animal Control Services
All field services are provided during normal hours of operation:
Norma/ hours of operation- animal control officer on duty:
Monday — .Friday 7'00 AM 6:00 PM & Saturday 9:00 AM — 5.00 P — except holidays
• Dog at large complaints
• Cat at large on private property
• Dog barking
• Dog or at no license
• Dog or cat no rabies vaccination
■ Dog threatens person
• Dog threatens domestic animal
• Dog or eat bite
• Injured dog or cat
• Sick dog or cat
• Agency assist
• Abandoned anitner
■ Animal cruelty
• Dead on arrival dog or cat
• Confined dog or cat
• Trapping dog or cat
• Vicious dog
• Kennel inspections
• Dangerous dog inspections _
• Inherently dangerous mammal or reptile inspections
• Other :.s deemed necessary by the department
Emergency services only after normal hours of operation:
• Injured or sick dogkcat.
• Doglcet bite — dogicat is still at large.
• Dog bite — severe dog bite (victim is in hospital and dog will need to be
quarantined immediately in the county shelter).
• Vicious or threatening dog — dog threatens persons or domestic animals and
is still at large.
• Animal in our humane trap that is making a disturbance or injuring itself.
• Other raw enforcement agency requests our assistance when animals are
involved.
• Other emergency such as extreme cruelty, pet dying in a bot vehicle, etc.
• Exotic DANGEROUS PET at large (i.e.; cougar, tiger, wolf, hear, etc.).
• Multiple calls on same problem — animal control officer on calf will evaluate
and snake a determination on whether to respond.
ATTAiEM' "A"
7IAID Vd OD iOdS 19 LLt 60g rii 9t:ET £047.1
Shelter Services:
Shelter hours:
Monday, Tuesday, Thursday and Friday 10:00 AM — 5:30 PM & Saturday 1 :00 PM —
4:30 PM — closed Wednesday, Sunday and holidays
Full service animal shelter —
• Housing dog/cat — occasional other animal
• Pet license program
• After hours animal receiving room
• Animal redemptions
• Adoption program
• Volunteer program
• Dog training program
• Trapping program
• Crematorium on site
Educational Services:
• Dog bite prevention program - elementary schools and service workers
• School career fair participation
• Specialty presentations available upon request
• Public service announcements = newspaper, radio, television
• Community outreach — fair booth, license clinics, special events, etc.
• Website
Page 2of2
11AID Vd OD WOdS ZL9£ LLt 609 7iv.:1 96:£1 £OOZ /SO/£0
Director
Staff Assistant
Secretary
Animal Control Officers -- 6
Animal Control Assistants -- 3.5
$86,110
$47,841
$46,240
$321,579
$121,245
Kennel Maintenance Officer
$43,711
Kennel Maintenance Assistants -- 2
$64,047
Animal License Agents -- 1.6
$63,252
Budgeted Overtime Costs
$16,448
Based on 2003 Budget
$810,473
Maintenance & Operations
'Actual Costs 2002
Supplies
$56,510
Uniforms
$5,203
Professional Services
$8,214
Telephone /Answering Service & Cell
$11,426
Postage
$20,817
Advertising
$5,869
Training
$2,143
Repair & Maintenance of Equipment
$8,182
Dues & Membership Fees
$319
Printing
$5,704
Vehicle Expense
$46,068
Insurance Expense
$1,114
Utility Services
$2,454
Parking Permit
$144
Based on 2002 adopted budget `Total
$174,167
Equipment & Technology Updates
Stainless Steel Pet Bowls
$917
Digital Pagers 11 @ 98.00 each
$1,078
Floor Machine
$6,737
Projected needs for 2003 Total
$8,732
Cost Allocations*
$211,652
Salary & Wages includes benefits
Spokane County Animal Control
Department Expenses
Revised February 18, 2003
Adopted for 2003
Totals $1,205,024
*Based on OMB -A-87 Cost Plan — 2003 Includes credit for building and equipment depreciation.
ATTACHMENT "B"
6TOIJ 91A1a Vd 00 90dS ZL9C LLt' 60S XVd 9ti =CT COOZ /SO /CO
Pet Licenses
$312,262
Pet Adoptions
$17
Animal Shelter Fees
$47000
Animal Control Services
$23,574
Investment Interest
_
$3,422
Animal Sale
$9,353
Violations
$9,000
Total
$421,611
Page 2 of 4
Revenue Classifications
Spokane County Animal Control
Revenue Projections for 2003
Revised February 18, 2003
IIAJ VAT (11 Mf]dS 9C L14 GOS YVd 94'ET DOT19O1E4
Department Expenses
Department Revenues
Cost of Animal Control
Spokane County Animal Control
Revised February 18, 2003
Cost for providing the current level of service to the City of Spokane Valley.
$1,205,024
$421,611
$783,413 X 48.69% = $381,444*
Spokane County Animal Control currently provides 48.69% of it's services within the city limits of Spokane Valley.
The cost to the city of Spokane Valley is based on estimated expenses offset by projected revenues.
*This is a 12 -month figure from April 1, 2003 through December 31, 2003 amount is $286,083.00
Page 3 of 4
Service
S I okane Valley
Our Weight
Total
Request for service —
ACO
49.34%
40%
19.74%
Animal Impounds
47.64%
35%
16.67%
Investi • ations
Emergency calls
48.25%
15%
7.24%
48.51%
7%
3.40%
Trapping Program
54.17%
3%
1.63%
Total
48.69%
LTO )
Page 4 of 4
Spokane County Animal Control
Time Study — Percentages for the City of Spokane Valley
1IAIO 4d 00 )IOcS ZL9C LLfi 60S XV4 LVCT COOZ /SO /CO