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2003, 02-18 Study SessionSUBJECT DISCUSSION LEADER ACTIVITY Public Works Dick Warren Administration Lee Walton Administration Lee Walton Administration Lee Walton Administration Dick Warren Study Session Feb. 18, 2003, Rev. 2 -18 -03 CITY OF SPOKANE VALLEY CITY COUNCIL WORKSHEET — STUDY SESSION NOTE: AT COUNCIL STUDY SESSIONS, THERE WILL BE NO PUBLIC COMMENTS, EXCEPT COUNCIL RESERVES THE RIGHT TO REQUEST INFORMATION FROM THE PUBLIC AND STAFF AS APPROPRIATE. CITY HALL AT REDWOOD PLAZA 11707 East Sprague Avenue, First Floor Spokane Valley, Washington Tuesday, February 18, 2003, 6:00 p.m. Presentation by Solid Waste Transition Committee (10 minutes) /Presentation by Ron Miles Administrator, Municipal Court services (5 minutes) /Review Municipal Court interlocal Agreement (10 minutes) / Review Jury Management interlocal Agreement (10 minutes) Review County Roads Maintenance Interlocal agreement (15 minutes) DISCUSSION GOAL Information Information Consensus Consensus Consensus 1 Administration Lee Walton Review adult entertainment moratorium Consensus Ordinance (15 minutes) Finance Bob Noack / Review Tax Anticipation Note (TAN) Consensus Ordinance (5 minutes) Administration Lee Walton /Presentation by Public Facilities District Information (20 minutes) Administration Lee Walton /Review Geiger Facility interlocal agreement Consensus (10 minutes) Finance Finance Committee V Review Travel & Reimbursement Policy Consensus (10 minutes) NOTE: STUDY SESSION AND COUNCIL WORKSHOPS are meant to provide background information on pending issues. Items that require Council action will be placed on a REGULAR MEETING agenda at which time public comment is welcome and encouraged. Study Session Feb, 18, 2003, Rev. 2 -18 -03 2 DATE: January 16, 2003 TO: Mayor Mike DeVleming and City Council FROM: Dick Warren; Public Works Director CC: Lee Walton; City Manager& Stan Schwartz; City Attorney Solid Waste Transition Committee Report Accompanying this memo is the above committee report. It is a well researched piece of work with excellent appendices covering state law and some cost estimates. The committee's recommendations are listed below. 1 won't comment on them at this time but we will want to address them after February 18 when the committee makes its report to the Council. Committee Recoiumendations: MEMO • Give notice to WUTC of intent to take control of collection in 2010 • Leave collection voluntary at this time. (20% of households do not use collection). • Do not adopt "Pay or You Throw" at this tinge. Keep status quo on collection changes. • City to buy Valley Transfer Station. • City to prepare its' own Comprehensive Solid Waste Plan. • No recommendation on disposal. (Status quo will continue and an agreement with the Regional System will be needed). • R.ecommends continuing curb -sort for recycling with 3 bin system rather than current one bin. • Bi- monthly recycle pick up rather than weekly. Recycling to remain voluntary. • Continue yard waste program. • Request 3 seats for City on Health Board. 1 call your attention to :exhibit B in the Appendix which is a letter from the Washington Utilities and Transportation Commission (UTC) dated July 8, 2002. The letter explains the City's options pretty well. We will need to set the issue of Solid Waste on an agenda sometime in February or March. Attachment A: Solid Waste Transition Canna. 1 -16 -03 SOLID WASTE 17 January 2003 After carefully reading the solid waste transition report, 1 have the following observations: 1_ .Developing our own solid. waste compreb.ensive plan is a good idea, but the development is not time sensitive. The current plan is meeting our needs and will .meet our needs_for the foreseeable future. Although we should task our staff to accomplish such a plan, it is not a high priority and should be done after our land use comprehensive plan is complete and approved. This does not mean we will riot develop both plans concurrently_ It is a matter of priorities and available man hours to do a very good. job. 2. Owning waste processing facilities like the Valley transfer station does not r tale a lot of sen.se to me, unless we can clearly • demonstrate the proposition will be a profit center for the city and will not result in the need to increase fees just because we OVVII it 3. Owning and operating refuse collectioi...is expensive and. is currently being ac.cornplished. in an efficient and acceptable manner_ 1 see no•need to make changes. 4. l believe mandatory pick up is a good idea, If we drive around the neighborhoods, we see evidence of health hazards as well as property value issues that a few neighbors cause by not dealing with refuse in a proper manner. 5. IBi.- weekly refuse collection is not a good idea.. A family of 4 or 5 generate more than enough refuse to justify weekly collection Since we are a family oriented community, T believe it makes sense to help our neighborhoods look clean and keep health hazards off our streets. 6. Participation by elected officials on the Regional Health Board and the Spokane Regional Solid Waste Board is a good idea, 1 believe a citizen(s) can represent us on the Spokane County Solid Waste Advisory Committee (a transition team member) . Generally, the current solid waste system works very well in our county, With little or no changes, it will serve our city's needs until we have time and /or a reason to evaluate further and make changes. Rich MEMO CITY OF SPOKANE VALLEY TO: Council FR: Lee W DATE: Feb 17 SUBJECT: MUNICIPAL COURT 11707 Sprague Ave. Spokane Valley WA 99206 Tel: (509) 921 -1000, Fax (509) 921 -100H e -mail lwalton@spokanevalley.org spokanevalley.org As noted in the very excellent Courts Transition Committee report, the City ultimately has four options available to meet its statutory responsibility for adjudicating misdemeanor and gross misdemeanor offenses. These are; 1. Establish an independent Municipal Court. 2. Establish a Spokane Valley Municipal Department within the existing Spokane County District Court System. 3. Contract for Court services with the District Court 4. Contract with another Municipal Court. (presumably with the City of Spokane in this Case) Because of timing requirements set forth in the RCW, the first two options are not available to the City until at least 2004 and as a practical matter until 2005 depending on the election cycle. It is assumed that the contracting with the City of Spokane is not acceptable, leaving an agreement with the Spokane County District Court as the only viable alternative for 2003. Fortunate this is a very good alternative because the District court is a well respected institution with a reputation of efficiency. Attached is a draft Interlocal agreement providing for judicial services from the District through December 2004. Although I am confident that the District will continue to provide a high quality of service to the Citizens of Spokane Valley, it would be prudent to use this period evaluate the other two alternatives. As with any large governmental organization, encumbered by statutory restrictions and employee contracts, it is often difficult to take advantage of size to achieve organizational efficiencies. While regional services can often result in better and less expensive public services, sometimes, small and simple can be the better choice. That might prove to be the case with respect to the Municipal Court as well as Prosecution and Public Defender services. Included with the Interlocal agreement is a statistical and financial summary on which the District has relied to provide an estimated (annualized) cost to the City of $1,061,000. You will note that this figure includes an indirect surcharge of 20 %. Plus an M &O charge of $81,600. These circulations appear to be correct and justified according to the formula currently applied by the County to such contracts. However, I suggest that this "indirect" cost is the area in which the City might expect to achieve savings if an independent Municipal Court is evaluated. Incidentally, the good news might be that the estimated Court cost of $1,061,000 compares favorably to the $$1,900,000 estimated annualized cost provided in the. Boundary Commission pre - incorporation report. Also, our preliminary estimate for the City's share of fines and forfeitures is $1 million. In addition, we can expect approximately $I million from the 0.01 (one tenth of one cent) special Criminal Justice tax on retail sales. It appears that the combined total of these two revenues are likely to be sufficient to cover administration of justice costs, exclusive of jail expenses. Return to: Dxnicla Erickson Clerk of the Board 1116 lAiest Broadway Spokane, Washington 99260 INTERLOCAL AGREEMENT FOR COSTS INCIDENT TO ,A.DJUDICATION OF MISD.EMEANOR AND GROSS MISDEMEANOR OFFENSES SERVICES IN THE CITY OF SPOKANE VALLEY (April 1, 2003- .December 31, 2004) THIS AGREEMENT, made and entered into by and among the Spokane County District/Municipal Cliurt, having offices for the transaction of business at 1100 West Mallon, Spokane, Washington 99260, hereinafter referred to as ` Spokane County, having offices for the transaction of husiness at 1116 West Broadway vernLe, Spokane, Washington 99260, hereinafter referred to as ".BOARD," together sometimes referred to along with the COURT as "COUNTY," and the City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at the Redwood Plaza, 11707 East Sprague Avenue, Suite 1.06, Spokane Valley, Washington 99206, hereinafter referred to as "CITY," jointly hereinafter referred to as the ".PART.TES." %I WHEREAS, pursuant to the provisions of RCW 3632.120(6), the Board of County Conxmissioners of Spokane County has the care of County property and the management of County funds and business; and WHEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley established midnight, March 31, 2003, as its official date of incorporation and upon that date will conu operations as a city; and WHEREAS, pursuant to chapter 35.02. RCW, as of the official date of incorporation, local governmental authority and ,jurisdiction with respect to the newly incorporated area will transfer h COUNTY to C1.TY; and WHEREAS, chapter 39.34 RCW (Interlocal Cooperation Act), authorizes counties and cities to contract with each other to perform certain functions which each may legally perform; and Page 1 of 8 WHEREAS, pursuant to the provisions of RCW 39,34.180. the City of Spokane Valley is responsible for the costs incident to investigation, prosecution, adjudication and incarceration of misdemeanor and gross misdemeanor offenses that occur within its jurisdiction and that are committed by adults; and WHEREAS, Spokane County has established the Spokane County District/Municipal Court under the provisions of chapter 3.38 RCW for the judicial administration of the laws of the State of Washington and the ordinances of Spokane County- The Spokane County DistrietJMunicipal Court consists of one district encompassing all of Spokane County; and WHEREAS, the City of Spokane Valley desires to utilize the services of the Spokane County District/Municipal Court for the purpose of adjudicating and sentencing cases, hereinafter "Court Serv.ices," which occur within the City of Spokane Valley's boundaries and are referred to the Spokane County District/Municipal Court where the initial charge is (i) an infraction andlor (ii) a misdemeanor or gross misdemeanor offense committed by an adult, and/or (iii) a violation of the City of Spokane Valley's ordinances which constitutes a misdemeanor, NOW TIDE FORE for and in consideration of the mutual promises set forth hereinafter and as provided for in the above - referenced recitals, the PARTIES do hereby agree as follows: SECTION NO. 1: PURPOSE The purpose of this Agreement is to set forth the PARTIES' understanding as to the terms and conditions under which COUNTY will provide Court Services to CJTY. For the purpose of this Agreement. "Court Services" is further described in Section No. 4 herein below. SECTION NO. 2: DURATION This Agreement shall be effective at 12:01 A,M. on April 1, 2003, and runt through 12:00 P.M. December 31, 2004, unless one or all of the PARTIES give notice of termination as provided for in Section No. 5 and Section No. 10 of this Agreement. SECTION NO. 3: COST OF SERVICES AND PAYMENTS CITY shall pay COUNTY the actual costs for Court Services provided under this Agreement as outlined below. The calculation of costs for Court Services under this Agreement utilizes methodologies set forth in Attachment "A," attached hereto and incorporated herein by reference. In 2004, PA.RT.IES agree to revise the costs for 2004 Court Services based on the 2004 budget adopted by the BOARD for the CDI_FRT. The PARTIES further agree to review the methodologies used in Attachment "A," including the actual number of eases COURT handled for CITY in 2003 to ensure that CITY'S share of costs for Court Services is appropriate. Any disagreement between CITY and COUNTY with respect to the methodologies shall be resolved by mediation as provided in Section No. 13 herein below. Provided, the PAITrES agree that the CITY shall be Page 2 of 8 responsible for its proportionate share of the Court Services so that the COUNTY is not financially subsidizing Court Services to the CITY. A. Personnel. CITY shall pay COLTNTY the sum of SIX HUNDRED AND TEN THOUSAND SIX HUNDRED AND TWENTY-ONE. DOLLARS AND FIFTY CENTS (610 1.50) ire calendar year 2003 to be allocated toward the personnel - related costs o:f the following positions: 1) One and a third ( 1.33) Judges (salary based upon RCW 3.58.010); 2) A half (V2) Secretary (salary determined by averaging all salaries of secretaries and then multiplying by a half); 3) Two and a third (2.33) Bailiffs (salary determined by averaging all salaries of Bailiffs and multiplying by two and a third); 4) One (1) Administration Support; (salary determined by averaging all A.dministration staff salaries); 5) One (1) Court Commissioner (salary based upon RCW 3.42.040); and 6) Nine (9) Clerks of the Court (salary determined by averaging all clerical employees salaries and multiplying by 9). The PARTIES recognize that the above sum may be inodi5ed as a result of: (1) a cost of living (COLA) adjustment as authorized by COUNTY for listed positions; and/or (2) salary increases including those authorized for the judges/court commissioncr(s) pursuant to RCVS 3.58.010 and RCW 3.42_{]40, hi the event that any of these actions occur, the above sum shall be increased to recognize such occurrences for the calendar year. Further, the monthly payments for the calendar year shall be increased in an amount to include the increased compensation. B. Maintenance and (3 eration Costs. CITY shall also pay COUNTY the sum of SIXTY- THREE THOUSAND DOLLARS ($63,000.00) in calendar year 2003 to be allocated toward the following items: The PARTIES recognize that the above - listed sum. is an estimate of the maintenance and operation costs for the listed items. Estimating the actual budgeted costs and then allocating Cl'l'Y 28' 0 of these costs for calendar year 2003 was used to calculate the above. In the event that actual cost of the listed items exceeds the above - listed sum, the monthly payments shall be increased in an Page 3 of 8 1) Lave books/ CD 'LAW license fees; 2) Pro tem fees; 3) Repair and maintenance contract costs of courtroom electronic recording equipment. Burster, and Moore Detacher; 4) Repair and maintenance contract costs of fax machines; 5) Shared office. supplies; 6) Incidental wiring and repair costs of Judges' and Commissioners' PC's; 7) Judges' and Court Commissioners' travel, registration, robes and juror's workers compensation liability insurance; and 8) Reimbursement for Judges', Court Commissioners' and Administrators' annual association dues_ amount so that the total sum paid for calendar year 2003 and 2004 represents 28% of the actual maintenance and operation costs for the listed items. C. Indirect Costs. CiTY shall also pay COUNTY the sum of ONE HUNDRED SiXTY FOUR THOUSAND THREE HUNDRED EIGHTY -THREE DOLLARS AND 75 CENTS ($124,383.75) which represents CITY'S share of the indirect costs attributable for those full -time equivalent COUNTY employees assigned to COURT operations. Indirect costs include, liability insurance, administrative services, Human Resources, information Systems and other indirect and overhead costs borne by COUNTY. COUNTY will bill CITY monthly for the cost of all services as outlined above during the first week . of the month. Payments by CITY will be due by the 5` day of the following month. At the sole option of COUNTY, a penalty may be assessed on any late payment by CITY based on lost interest earnings had the payment been timely paid and invested in the Spokane County Treasurer's Investment Pool. SECTION NO. 4: SERVICES PROVIDED COURT shall operate the Spokane Valley Municipal Court (hereinafter "Municipal Court ") for CITY. The Municipal Court shall have jurisdiction over matters arising from CITY'S ordinances, as provided in RCW 3.46.030, as well as those matters CITY is financially responsible for pursuant to RCW 39.34.180. COUNTY, as provided by law, shall distribute fines. penalties, court costs and other fees imposed by the Municipal Court. SECTION NO. 5: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or (ii) the third day [following the day on which the same have been mailed by first class delivery, postage prepaid addressed to the PARTfES at the address set forth below for such Party, or at such other address as PARTIES shall from time -to -time designate by notice in writing to the other PARTIES: COUNTY: COURT: CI'T'Y: Page 4 of 8 Spokane County Chief Executive Officer or his /her authorized representative 1 1 16 West Broadway Avenue Spokane, Washington 99260 Spokane District Court Presiding Judge Spokane County District Court 1100 West Mallon Avenue Spokane, Washington 99260 City of Spokane Valley City Manager or his /her authorized representative Redwood Plaza 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 SECTION NO. 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: ASSIGNMENT No Party may assign, in whole or in part, its interest in this Agreement without the approval of all other PARTIES. SECTION NO. 8: LIABILITY COUNTY shall defend, indemnify and hold harmless CITY from all claims, demands, or suits in law or equity arising from COUNTY'S /COURT'S negligence or breach of its obligations under the Agreement. COUNTY'S duty to indemnify shall not apply to liability caused by the sole negligence of CITY, its officers and employees. COUNTY'S duty to indemnify for liability arising from the concurrent negligence of CITY, its officers and employees and COUNTY /COURT, its officers and employees shall apply only to the extent of the negligence of COUNTY /COURT, its officers and employees. COUNTY'S duty to indemnify shall survive termination or expiration of the Agreement. COUNTY waives, with respect to CITY only, its inununity under RCW Title 51, Industrial Insurance. SECTION NO. 9: RELATIONSIl P OF THE PARTIES The PARTIES intend that an independent contractor relationship will be created by this Agreement. No agent, employee, servant or representative of COUNTY /COURT shall be deemed to be an employee, agent, servant or representative of CITY for any purpose. Likewise, no agent, employee, servant or representative of the CITY shall be deemed to be an employee, agent, servant or representative of COUNTY /COURT for any purpose. SECTION NO. 10: MODIFICATION OR 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 minimtun of 180 days written notice to the other PARTIES. Upon termination, CITY shall be obligated to pay for only those Court Services rendered prior to the date of withdrawal based upon a pro rata division of those costs in Section No. 3 herein above. Page 5 of 8 Termination of this Agreement shall not impose a requirement on COUNTY to provide for the funding or handling of cases addressed by this Agreement that are filed /referred after the effective date of termination. Upon termination COUNTY shall continue to provide services to completion for those cases filed prior to the effective date of the termination. SECTION NO. 11: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized in association with applicable CITY cases shall remain with the original owner, unless specifically and mutually agreed by the PAR I`IES to this Agreement. SECTION NO. 12: ALL WRITINGS CONTAINED EHRETN /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. 13: DISPUTE RESOLUTION Any dispute among the PARTIES with respect to the methodologies used to calculate the 2004 costs of Court Services to CITY under the terms of this Agreement that cannot be resolved between/among the applicable PARTIES shall be subject to binding arbitration. Provided, however, COURT'S independent right to run COURT shall not be subject to this dispute resolution provision. COUNTY and CITY shall each have the right to designate a person to act as an arbitrator. The two selected arbitrators shall then jointly select a third arbitrator. The decision of the arbitration panel shall be binding on the PARTIES. The costs of the arbitration panel shall be jointly split between the PARTIES involved in the arbitration. The decision of the arbitration panel shall be binding and not subject to judicial review. Page 6 of 8 SECTION NO. 14: VENUE STIPULATION This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each party that this Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. SECTION NO. 15: SEVERABILITY It is understood and agreed among the PARTIES that if any parts, terms or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard to the remainder of the Agreement. If it should appear that any part, terns or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, terns or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. SECTION NO. 16: HEADINGS The section headings appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to define, limit or extend the scope or intent of the sections to which they pertain. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to he executed on date and year opposite their respective signatures. DATED: SPOKANE COUNTY MUNICIPALJDiSTRICT COURT: DATED: HOARD OF COUNTY COMMISSIONERS OF SPOKANE, COUNTY, WASi- TTNGTON ATTEST: VICKY M. DALTON CLERK OF THE BOARD BY: Daniela Erickson, Deputy Page 7 of 8 By: its: JOHN ROSKELLEY, Chair PHILLIP D. HARRIS, Vice -Chair M. KATE MCCASLiN DATED: CITY OF SPOKANE VALLEY: Attest: City Clerk Approved as to form only: Acting City Attorney Page 8 of 8 13y: Its: 1�:lvalley CiIy\Pinal Contricts\dist ct adjudication scrviccs valley 021203.doc ("lisle) Purpose: 1) Utilizing one or more methodologies, identify caseload statistics attributable and chargeable as Spokane Valley municipal court services; 2) Calculate anticipated costs of providing those municipal court services given the workload /caseload calculated in (1); a) Using costs per case calculations, similar to those for Liberty Lake, et al b) Using resource cost estimates allocable to the cases in the new city, similar to the city of Spokane Interlocal Agreement. Databases and Sources of Information: 1) CAD (Computer Aided Dispatch), RMS (R.ecords Management System) and JMS (Jail Management System) as compiled and interpreted by Sheriff's Department personnel; 2) Arrest statistics from Capt. Mike Dubee, Washington State Patrol; 3) JiS (Justice Information System), court filing information through the Administrative Office of the Courts, as compiled by court personnel. Methodologies: 1) Conduct in -house manual surveys of caseload filings for the period June 1 through September 30, 2002, to determine the Valley caseload; 2) Develop sorting parameters through BRiO (J1S) to measure historical filings by LEA and by offense category; 3) Compare and contrast infraction and criminal activity estimates developed by the Spokane Sheriff Department with that compiled from special BRIO reports of the .ITS system in Spokane District Court and with the manual survey conducted by District Court personnel. Purpose: Test reliability of our own and the Sheriff's reporting of Valley cases. 4) Determine most reliable caseload information from that provided; 5) Converting caseload information to workload measures, as a percentage of the District Court total workload. a) Calculate staffing, M & 0 and Indirect Costs for the workload in the Valley; b) Calculate costs using "cost per case" figures for 2002. Page 1 of 3 SPOKANE DISTRICT COURT STATISTICS SPOKANE VALLEY ATTACI- I V.IENT "A" CASE TYPE 2002 Pro jections Index .60 County * 37,712 Index Valley Infractions 62,853 .35 13,199 DUI 2,091 .23 481 .68 327 Crim Traf 4,199 .70 2,939 .55 1,705 Crim NT 2,179 .64 1,394 .55 767 DV 1,439 .90 1,295 .55 712 TOTAL 72,7610 .''> =16,710 Cautionary Note: The following caseload estimates for the City of Spokane Valley are based on historical data for the years of 2000 and 2001 and the first 9 months of 2002. Since April of 2002, however, the entire county hay experienced a surge in case filings, e.g. average of 59% increase in infractions, 53% increase in DUI arrests, and a 17% increase in other criminal filings. This trend is not fully considered in these caseload/workload estimates. 2002 Infraction /Criminal Filing Projections * County includes all law enforcement activity which could be chargeable to a municipality but is currently provided by county law enforcement agencies, i.e. Animal Control, Sheriff's Department. This column does not include WSP citations, Burlington Northern, Dept. of Fish and Wildlife, Dept. of Fisheries, Labor and Industries, State Dept. of Natural Resources, State Dept. of Social and health Services, Union Pacific Railroad, State Utilities and Transportation, Department of Wildlife or any other state law enforcement agency. Summary and Conclusion: After culling out the relevant numbers from the Sheriff Department report, entitled "Statistical Analysis of Valley City Arrests ", and comparing these with the numbers arrived from our "in- house" survey of case filings for the period June 1, 2002 - September 30, 2002, and further comparing these with a special BRIO report from JIS, conducted by the Court's Computer Applications Assistant, it is our conclusion that the estimate of caseload filings for the City of Spokane Valley are reliable and may be used to project staffing needs for the delivery of municipal court services and to estimate projected costs for these cases based on both a cost per case basis and a weighted workload analysis. The one exception to the analysis is that for Infraction filings. The report indicates that RMS did not enter infraction data for the last half of 2001 and, therefore, we rely on JIS statistics for that figure. Page 2 of 3 OPTION 1, RCW 3.45 MUNICIPAL COURT DEPARTMENT VALLEY COURT STAFFING AND ANNUAL BUDGET Judges * 1.33 $180,828 Commissioners 1.0 116,235 Bailiffs 2.33 84,724 Secretaries 0.5 21,646 Admin. Support 1.0 58,342 Clerks Office 9.0 352,387 *Includes D.V. case handling TOTAL S &W 15.16 FTE $814,162 M & O .28 81,629 INDIRECT COSTS .2037 S165,845 TOTAL ANNUALIZED COSTS $ 1,061,636 Page 3 of 3 Return to: Daniela Erickson Clerk of the Board 1116 West Broadway Spokane, Washington 99260 INTERLOCAL AGREEMENT FOR COSTS INCIDENT TO JURY MANAGEMENT SERVICES IN TILE CITY OF SPOKANE VALLEY (April 1, 2003 - December 31 2004) THIS AGREEMENT, made and entered into by and among Spokane County, a political subdivision of the State of Washington, having offices for the transaction of business at 1116 West Broadway, Spokane, Washington 99260, hereinafter referred to as "COUNTY," the City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at the Redwood Plaza, 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washington 99206, hereinafter referred to as "CITY" and Spokane County Superior Court, having offices for the transaction of business at 1116 West Broadway, Spokane, Washington 99260, hereinafter referred to as the "COURT," jointly hereinafter referred to as the "PARTIES." WITNESSETH: WIIEREAS, pursuant to the provisions of RCW 36.32.120(6), the Spokane County Board of County Conunissioners has the care of County property and the management of County funds and business; and 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 convnenced operations as a city; and WHEREAS, pursuant to chapter 35.02 RCW, as of the official date of incorporation, local governmental authority and jurisdiction with respect to the newly incorporated area transfers from Spokane County to City of Spokane Valley; and WHEREAS, chapter 39.34 RCW (Interlocal Cooperation Act), authorizes counties and cities to contract with each other to perform certain functions which each may legally perform; and Page 1 of 6 WHEREAS, Spokane County Superior Court maintains a Jury Management System; and RHEAS the City of Spokane Valley will operate a Municipal Court in calendar year 2003 and 2004 and is desirous of using Spokane County Superior Court's Jury Management System ("System"); and 'WHEREAS, in conjunction with the City of Spokane Valley's use of the System, the City o:F Spokane Valley agrees to pay a percentage of the administrative costs for such System, to include (1) personnel, computer equipment/printer and supply costs; (2) printing and postage costs; and 3) state Industrial Insurance costs. The City of Spokane Valley also agrees to pay juror fees and mileage on a weekly basis, and parking costs on a quarterly basis. NOW, THEREFORE, for and in consideration of the mutual promises set forth hereinafter, the PARTIES do mutually agree as .Follows: ECFION NO. 1: PURPOSE The purpose of this Agreement is to set forth the PARTIES understanding of the terms and conditions under which COURT will provide Jury Management System ( "System ") services to the CITY For the purpose of this Agreement System is described as summoning, qualifying organizing, tracking, providing and compensating jury panels for CITY'S Municipal Court. SECTION NO. 2: DURATION This Agreement shall be effective at. 12:01 A.M. on April 1, 2003, and run through 12:00 P.M. December 31, 2.004. unless one or all of the PARTIES give notice of termination as provided for in Section No 5 and Section No. 10 of this Agreement SEC.YI N NO. 3: COST OF SERVICES AND PAYMENTS CITY shall pay COUNTY the actual costs for its use of the system in 2003 and 2004 as outlined below. A. Reimburse nexat. Costs of the System shall be comprised of two components, namely costs for each jury panel requested and administrative costs for management of the System. Costs for each jury pane] .requested shall be the actual costs to include jury fee, meals, mileage and all other costs directly attributable to the specific jury requested. 'These costs shall be the responsibility of CITY once a jury is requested regardless of whether it is ever empanelled. Administrative costs of the System shall include all costs incurred by COURT in operating/providing the. System for any calendar year to include: Item (I) personnel, computer equipment/printer and supply costs; Item (2) printing and postage costs; and Item (3) State Industrial Insurance costs. Personnel costs will include (i) all cost of livi ng (COLA) adjustments as authorized by COUNTY for persons proving the SYSTEM and /or (ii) salary increases. Any increase in any administrative costs will be reflected in the current years costs. Page 2 of 6 CITY'S share of the administrative costs under item (1) above will be calculated by taking the total costs for item (1) for any calendar year and dividing it by the total number of jury panels requested in Superior, District or Municipal Court by all users of the System. This will provide a per jury panel administrative costs for Item (1). CITY will then pay this per jury administrative costs for Item (1) for each jury panel it has requested. CITY'S share of the administrative costs under Item (2) shall be determined by using the percentage of juror days served by Superior, District, and Municipal Courts in any calendar year. CITY shall pay its proportionate share of such cost based on the number of juries requested. CITY'S share of the administrative costs under Item (3) above shall be determined by taking the per hour juror rate which COURT pays for State Industrial Insurance and multiplying it by the total number of juror hours for persons who served as jurors for CITY. B. Payment. COUNTY will invoice CiTY for its actual use of the System on or before January 15' of 2004 and 2005 for the use of the System in the preceding year. Payment by CITY will be due thirty (30) days after receipt of COUNTY invoice. At the sole option of COUNTY, a penalty may be assessed on any late payment by CITY based on lost interest earnings had the payment been timely paid and invested in the Spokane County Treasurer's Investment Pool. SECTION NO. 4: SERVICES PROVIDED COUNTY, through COURT, shall operate and provide the System to CITY. The System is generally described as summoning, qualifying, organizing, tracking, providing and compensating, jury panels for CITY'S Municipal Court. SECTION NO. 5: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or (ii) the third day following the day on which the same have been rnailed by first class delivery, postage prepaid addressed to PARTIES at the address set forth below, or at such other address as the PA.R.TLE,S shall from time -to -time designate by notice in writing to the other PARTIES: COUNTY: Spokane County Chief Executive Officer or his/her authorized representative 1116 West Broadway Avenue Spokane, Washington 99260 COURT: Spokane Superior District Court Presiding Judge Spokane County Superior Court 1116 West Broadway Avenue Spokane, Washington 99260 Page 3of6 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: ASSIGNMENT No Party may assign, in whole or in part, its interest in this Agreement without the approval of all other PARTIES. SECTION NO. 8: LIABILITY COUNTY Y shall defend, indemnify and hold harmless CITY from all claims, demands, or suits in law or equity arising from COUNTY /COURT'S negligence or breach or its obligations under the Agreement. COUNTY'S duty to indemnify shall not apply to liability caused by the sole negligence of CITY, its officers and employees. COUNTY'S duty to indemnify for liability arising from the concurrent negligence of CITY, its officers and employees and COUNTY /COURT, its officers and employees shall apply only to the extent of the negligence of COUNTY /COURT, its officers and employees. COUNTY'S duty to indemnify shall survive termination or expiration of the Agreement. COUNTY waives, with respect to CITY only, its inununity under RCW Title 51, Industrial Insurance. SECTION NO. 9: RELATIONSHIP OF THE PARTIES The PARTIES intend that an independent contractor relationship will be created by this Agreement. No agent, employee, servant or representative of COUNTY /COURT shall be deemed to be an employee, agent, servant or representative of CITY for any purpose. Likewise, no agent, employee, servant or representative of CITY shall be deemed to be an employee, agent, servant or representative of COUNTY /COURT for any purpose. SECTION NO. 10: MODIFICATION, WITHDRAWAL, NON-RENEWAL AM TERMINATION This Agreement may be modified in writing by mutual agreement of the PARTIES. Any Party may withdraw from this Agreement upon a minimum of 90 days written notice to the other PARTIES of intent to withdraw. Any Party may terminate this Agreement upon a breach by Page 4 of 6 the another Party, provided the Party seeking to terminate the Agreement shall provide at least 30 days written notice and an opportunity to cure to the breaching Party. Upon withdrawal or termination CITY shall be obligated to pay for only those System services rendered prior to the date of withdrawal or termination. The withdrawal of CITY from this Agreement shall not impose a requirement on COUNTY /COURT to provide for the funding or handling of System services for cases that are filed after the effective date of withdrawal. Upon withdrawal or termination, at CITY'S option, COUNTY /COURT shall continue to provide services to completion for those cases filed prior to the effective date of the withdrawal or termination. SECTION NO. 1.1: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized by any Party to meet its obligations under the terms of this Agreement shall remain with such Party. SECTION NO. 12: VENUE STIPULATION This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each party that this Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. SECTION NO. 13: SEVERABILITY It is understood and agreed among the PARTIES that if any parts, terms or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard to the remainder of the Agreement. If it should appear that any part, tenn 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. 14: 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. Page 5 of 6 SECTION NO. 1 ALL WRITINGS CONTAINED HEREIN/RINTDING EFFECT This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change or addition is in writing, executed by the PARTIES. This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. IN WITNESS WHEREOF, the PA.RTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE, COUNTY, WASHINGTON ATTEST: VICKY M. DALTON CLERK OF THE BOARD By: Daniela Erickson, Deputy DATED: Attest: Its: City Clerk (Title) Approved as to form only: Acting City Attorney H:1Vulley CitylFinal Ccmtractsjury rnanagmcnt intcrlocal valley 021 103.doc Pagc6of6 SPOKANE COUNTY SUPERIOR COURT: By: Its: JOHN ROSKELLEY, Chair M. KATE MCCASLIN, Vice -Chair PHILLIP D. HARRIS CITY OF SPOKANE VALLEY By: Return to: Daniela Erickson Clerk of the Board 1116 West Broadway Spokane, Washington 99260 INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND CITY OF SPOKANE VALLEY REGARDING PROVISION OF ROAD MAINTENANCE SERVICES (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 1 116 West Broadway Avenue, Spokane, Washington, 99260, hereinafter referred to as the "COUNTY," and City of Spokane Valley, a municipal corporation of the State of 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 hereinafter referred to as the "PARTIES." WITNESSETH: WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners of Spokane County ( "BOARD ") has the care of county property and management of funds and business; and WHEREAS, pursuant to chapter 35.02 RC\V, the City of Spokane Valley established midnight, March 31, 2003, as its official date of incorporation and upon that date will commence operations as a city; and WHEREAS, pursuant to chapter 35.02 RCW, as of the official date of incorporation, local governmental authority and jurisdiction with respect to the newly incorporated area transfers from Spokane County to City of Spokane Valley. Provided, however, Spokane County shall provide road maintenance for a period not to exceed sixty days from the official date of the incorporation or until forty percent (40 %) of the anticipated annual tax distribution from the road district tax levy is made to the City of Spokane Valley pursuant to RCW 35.02.140; and WHEREAS, chapter 39.34 RCW (Interlocal Cooperation Act), authorizes counties and cities to contract with each other to perform certain functions which each may legally perform; and WHEREAS, the City of Spokane Valley desires to provide quality street maintenance and traffic control services for its residents and to contract with Spokane County, through the County Engineer, for these services. Page 1 of 9 NOW, THEREFORE, for and in consideration of the mutual promises set forth hereinafter, the PARTIES do mutually agree as follows: SECTION NO. 1: PURPOSE The purpose of this Agreement is to set forth the provisions under which COUNTY, through the County Engineer, will provide street maintenance and traffic control services ( "Services ") to CITY. SECTION NO. 2: DURATION This initial term of this Agreement shall commence sixty (60) days from March 31, 2003 or when forty percent (40 %) of the anticipated amival tax distribution from the road district tax levy is made to CITY, whichever is the shorter time period, and run through 12:00 P.M. December 31, 2004. The PARTIES anticipate that the date which CITY will receive forty (40 %) percent of the anticipated annual tax distribution from the road district levy will be May 10, 2003. At the conclusion of the initial term, this Agreement shall automatically be renewed upon the same terms and conditions from year to year thereafter effective January 1 to December 31, unless (i) either Party gives written notice of termination to the other Party by June l of the preceding calendar year to terminate for the following year or (ii) either Party wants a substantial change in the Agreement which is communicated to the other Party by June 1 of the preceding calendar year. A substantial change shall constitute a change in the dollar level of the contract of +1- 10% as outlined in the budget shown in Exhibit "4a" for 2003 and 2004, and updated annually thereafter. CITY, at its option, may reduce or increase services up to 10% of the dollar level of the contract with 60 days written notice to COUNTY. SECTION NO. 3: COST OF SERVICES AND PAYMENTS In consideration for COUNTY providing base and discretionary services as set forth herein, CITY shall pay COUNTY for actual costs (including direct labor, supervision, employee benefits, equipment rental, materials and supplies, utilities, subcontracted work and permits) and overhead costs. Standard labor rates can be affected by overtime, extra holiday pay, shift differential, labor contracts, and on -call rates. Labor and equipment rates are shown in Exhibit "4b" and will be reviewed and modified when required. COUNTY will notify CITY in writing of any changes to or modifications of the labor and equipment rates. Estimated costs for the final seven (7) months (approximately) of 2003 and for all of 2004 are shown in Exhibit "4a." CITY will be billed for actual costs when work is completed. Estimated costs for requested services in future years will be provided to CITY as a part of annual budget discussions. Page 2 of 9 CITY shall pay COUNTY for the full cost (including salary, benefits, supplies, materials, equipment, and administrative overhead costs) of providing CITY with rapid - response staff in responding to emergencies. CITY shall be responsible for all extraordinary costs resulting from CITY'S decision to modify services. 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 of the following month. At the sole option of COUNTY, a penalty may be assessed on any late payment by CITY based on lost interest earnings had the payment been timely paid and invested in the Spokane County Treasurer's Investment Pool. SECTION NO. 4: SERVICES PROVIDED 1. Base Level Services COUNTY will provide street and traffic maintenance services as identified in Exhibit "1" within CiTY boundaries at the same level, degree and type as is customarily provided by COUNTY in unincorporated Spokane County. Actual levels of service provided by COUNTY will be those adopted by CITY and COUNTY in annual budget processes. COUNTY is a contractor for CITY and will provide services requested by CITY so long as such services are within COUNTY'S ability to provide. Actual services provided by COUNTY shall be of the type, nature and magnitude subsequently negotiated between CITY and COUNTY during the PARTIES' annual budget and planning processes. After adoption of budget and plan, within the constraints of the base level services program described, CITY may request adjustments to individual tasks in order to meet specific needs. COUNTY shall consider all such requests and, whenever practicable, alter the work program as necessary. COUNTY is a contractor of services only and does not purport to represent CITY professionally other than in providing the services requested by CiTY. Any changes to the level and /or scope of services provided under this Agreement which would change the established budget commitment for labor, equipment and materials, shall be negotiated and mutually agreed upon in writing between the COUNTY Engineer and the CITY Manager. The amendment shall be appended to this Agreement 2. Discretionary Services At the request of CITY, COUNTY will provide discretionary services as listed in Exhibit "2." Exhibit "2" may be mutually amended from time to time by written agreement of COUNTY Engineer and CITY Manager. The amendment shall be appended to this Agreement. Page 3 of 9 Other discretionary services, defined as those services which provide an enhanced level of service beyond what is normally provided by COUNTY in the unincorporated areas, and services resulting in installation of new traffic devices (such as traffic signs or pavement markings) or maintenance facilities (such projects which would increase the programmed service levels), will be furnished through the procedure identified in Exhibit "3." 3. COUNTY and CITY Coordination COUNTY will identify specific liaisons for both street and traffic maintenance services to handle day -to -day operational activities related to basic and discretionary services. CITY will identify a liaison for the same purposes. The liaisons will meet regularly to review the performance of this Agreement. Emergency work to protect public safety and/or property will be handled as COUNTY or CITY liaison deems necessary. Emergency work may include, but is not limited to, snow and ice control, slide and/or debris removal, flooding, repair of flood damage to roads and road rights -of- way, repair of traffic signal malfunctions, or replacement of downed stop signs. CITY liaison will be informed of and involved with the incident as soon as practicable. COUNTY shall, upon receipt of a copy of a right -of -way construction permit issued by CITY Property Services Division to a utility contractor for work to be done within CiTY limits, inspect the road restoration work completed by that contractor to ensure that it meets applicable COUNTY or CITY standards. Non- emergency citizen requests will be referred to CITY. CITY will be responsible for prioritizing requests. 4. CITY Responsibilities In conjunction with COUNTY providing the services described in Subsections 1 and 2 of this SECTION, CITY, in executing this Agreement, does: (a) Confer on COUNTY the authority to perform the street and traffic maintenance services within CITY limits for the purposes of carrying out this Agreement. (b) Grant COUNTY the authority to act as its agent to inspect roadway restoration done by utility companies within its corporate limits. The inspections will be initiated through CITY's right -of- way construction permit process. (c) Agree that when COUNTY provides engineering and administrative services for CITY, County Engineer may exercise all the powers and perform all the duties vested by law or by resolution in the City Engineer or other officer or department charged with street administration. Page 4 of 9 (d) Adopt by reference all COUNTY ordinances, resolutions and codes necessary to provide authority for COUNTY to perform the services under this Agreement. (for example, road standards, speed limits and parking regulations). SECTION NO. 5: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or (2) the third day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to PARTIES at the address set forth below, or at such other address as the PARTIES shall from time -to -time designate by notice in writing to the other PARTIES: COUNTY: Spokane County Chief Executive Officer or his/her authorized representative 1116 West Broadway Avenue Spokane, Washington 99260 Spokane County Engineer 1026 W. Broadway Avenue Spokane, Washington 99260 -0170 CITY: City of Spokane Valley City Manager or his/her authorized representative Redwood Plaza 1 1707 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 agrees to indemnify and defend CITY from any loss, cost or expense claimed by th.i.rd parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of COUNTY, its employees or agents in connection with the services to be performed by COUNTY under the terms of this Agreement. Page 5 of 9 (b) CITY agrees to indemnify and defend COUNTY from any loss, cost or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of CITY, its employees or agents in connection with the obligations of CiTY under the terns of this Agreement. (c) If the negligence or willful misconduct of both COUNTY and CITY, or a person identified above for which each is liable, is a cause of such damage or injury, the loss cost of expenses shall be shared between COUNTY and CITY in a proportion to their relative degrees of negligence or willful misconduct and the right of indemnity shall apply to such proportion. (d) In executing this Agreement, COUNTY does not assume liability or responsibility for or in any way releases CITY from any liability or responsibility which arises in whole or in part from the existence or effect of CiTY ordinances, polices, rules, road standards or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and /or validity of any such CiTY ordinance, to include its constitutionality, policy, rule or regulation is at issue, CITY shall defend the same at its sole expense and, if judgment is entered or damages are awarded against CiTY, COUNTY or both, CITY shall satisfy the same, including all chargeable costs and reasonable attorney's fees. (e) The foregoing indemnity is specifically intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance Act, Chapter 5l RCW, respecting the other Party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. PARTIES acknowledge that these provisions were specifically negotiated and agreed upon by them. (f) 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 professional liability and auto liability coverages. SECTION NO. 9: RELATIONSIIIP 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 decreed by COUNTY as necessary to provide the street and traffic services herein described and subsequently authorized by CITY. Page 6 of 9 SECTION NO. 10: 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 Party. Any Party may terminate this Agreement upon a breach by the another Party, provided the Party seeking to terminate the Agreement shall provide at least 30 days written notice and an opportunity to cure to the breaching Party. Upon ternmination, CITY shall be obligated to pay for only those services rendered prior to the date of termination. SECTION NO. 1.1.: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized by COUNTY in providing services under the terms of this Agreement shall remain with COUNTY unless specifically and mutually agreed by the PARTIES. 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 PARTLES shall not be affected in regard to the remainder of the Agreement. if it should appear that any part, term or Page 7 of 9 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. l6: CONTRACT ADMINISTRATION The PAM 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 Engineer 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 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. Page 8 of 9 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 DATED: Attest: City Clerk (Title) Approved as to form only: Acting City Attorney E:1Valley City\Final Contracts1Rd Maint fnterlocal valley 02!303.doc Page 9 of 9 JOHN ROSKELL.EY, Chair M. KATE MCCAS.LIN, Vice -Chair PHILLIP D. HARRIS CITY OF SPOKANE VALLEY: Bv: Its: Spokane County will provide street and traffic maintenance services within CITY limits of Spokane Valley at the levels described in Section 1 of the Agreement, as follows (actual levels of service provided by COUNTY will be those adopted by CITY and COUNTY in annual budget processes).Traf[ic and street maintenance service levels as set by CITY shall reflect City policies and may or may not be similar to County policies. CITY shall be solely responsible for setting service level policies for all roadway features. COUNTY is merely a contractor for purposes of implementation of City policy. 1. Street Maintenance - The following are examples of street maintenance services provided by COUNTY. Actual services will be in the magnitude, nature and manner requested by CITY. Page 1 of 2 1.1 Traveled Way /Roadway Surface: Patching, crack sealing, prelevel, pavement replacement, grading, gravelling, sweeping and flushing. 1.2 Shoulders: Restoration and repair. BASE LEVEL SERVICES 1.3 Drainage: Cleaning debris from drainage pipes, catch basins, drywells, culverts, ditches, gutters, and curb and gutter inlets. Repairing damage to existing drainage facilities such as drainage pipes, catch basins, drywells, culverts, ditches, gutters and curb and gutter inlets. 1.4 Winter Maintenance: Sanding, liquid de- icing, snow removal and chasing water from roadway surfaces. 1.5 Roadside: Cutting or trimming bushes or limbs blocking visibility. 2. Traffic Maintenance - The following are examples of traffic maintenance services provided by COUNTY. Actual services will be in the magnitude, nature and manner requested by CITY. 2.1 Sign Maintenance: Replacing faded sign faces and broken posts, straightening leaning posts, relocating signs for visibility or pedestrian safety, maintenance of vandalized signs or signs damaged by vehicle accidents, inspection of signs to check for visibility or pedestrian safety, maintenance of vandalized signs or signs to check for reflectivity, removal of signs when appropriate. 2.2 Crosswalk Marking: Refurbishing, installing new, and removal when appropriate. EXHIBIT "1" Page 2 of 2 2.3 Stop Bars Marking: Refurbishing, installing new and removal when appropriate. 2.4 Arrows/Legends Marking: Refurbishing, installing new and removing when appropriate. 2.5 Curb Painting: Maintenance of curbing, islands, and parking stalls. 2.6 Raised Pavement Markers: Removal and replacement of raised pavement markers or rumble bars. 2.7 Striping: Painting linear road stripes on pavement, such as centerlines, edge lines, radius and channelization, and removal of line, stripes or symbols from the pavement. 2.8 Street Lights: Replacement of light bulbs in existing street lights not maintained by power companies, repair and replacement of street light heads, poles or wiring. 2.9 Utility Locating: Locating underground traffic facilities for utilities or other digging operations. 2.10 Signal Maintenance: Replacing and cleaning light systems for signal and flasher displays and signs, installation and repair of vehicle detector loops, checking and adjusting signal timing, examining traffic signal operation to assure it is operating as intended, inspecting hardware for wear or deficiencies, testing and repairing of electronic control devices and components, repair or replacement of signal and flasher displays, supports or wiring external to controller cabinet, modification of controller cabinets, testing of new and modified cabinets and control devices, traffic counter testing and repair and preventative maintenance. 2.11 Flasher /Crosswalk Preventative Maintenance: Examining to assure equipment is operating as intended and inspecting hardware for wear or deficiencies and repairing components as required. DISCRETIONARY SERVICES Spokane County will provide the following road discretionary services within CITY limits of Spokane Valley at the same level, degree and type as is customarily provided by COUNTY in the unincorporated areas. 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 Exhibit "3 ". 1. Provide street overlays, fog seals and other roadway surface protection and improvements. 2. Dust Oil Preparation 3. Sidewalk and path maintenance 4. Guardrail and right -of -way fence maintenance 5. Curb Maintenance 6. Median Maintenance 7. Roadside mowing, tree clearing and removal 8. Weed control 9. Irrigation repair and maintenance 10. Litter and dead animal pickup 11. Contour control 12. Weight restriction signing 13. Such other specific services as CITY may direct, and COUNTY shall accept, to perform. EXHIBIT "2" DISCRETIONARY SERVICE REQUEST PROCEDURE 1. Request for services is received or identified by CITY. 2. CITY determines if it is a discretionary or basic service request. if it is a discretionary request, CITY liaison fills out a Request for Discretionary Road Maintenance Service Form A (attached). 3. CITY Manager or designee signs Form A under the Authorization for Request of Discretionary Service" section. 4. Form A is faxed to COUNTY liaison. 5. COUNTY liaison delegates the request to the appropriate section for investigation. 6. Following the investigation, the Form 13 section of the discretionary request is filled in by, the appropriate section representative (Form B includes the recommended action, cost estimate, work order number and proposed schedule -see attached). 7. COUNTY Engineer or designee reviews the request and signs if approved. The signed Form B is forwarded to CITY. 8. If the cost estimate is over $500, Form B is faxed back to CITY liaison for an approval signature by CITY Manager or designee to expend over that amount. 9. Once Form B has been completed and returned to the appropriate section, the work is scheduled. 10. When the work has been finished, a copy of the completed work order is mailed or faxed to CITY. 11. COUNTY and City liaisons maintain a file of completed Work Orders and copies of the associated discretionary service request form. Page 1 of 2 :r X ITBIT "3" 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: Spokane County Engineer Date (Printed Name) (Printed Name) Page 2 of 2 CITY OF SPOKANE VALLEY REQUEST AND APPROVAL FOR DISCRETIONARY ROAD MAINTENANCE SERVICES Project/Work Order Number: Proposed Schedule: City o Valley Authorized Signature (if cost is over $500.00) Date FORM A FORM B ROAD MAINTENANCE ACTIVITIES ACTIVITY NAME PROD UNITS SPO VAL CONTRACT 19% MGT. OVERHEAD 5% ADMIN. OVERHEAD TOTAL COMMENTS 2312 Dust Control Prep LF $ 8,300 $ 1,577 $ 415 $ 10,292 DISCRETIONARY 2320 Shoulder Repair SM S 27,000 $ 5,130 $ 1,350 $ 33,480 2322 Shoulder Maint. Grader Stvl $ 38,800 $ 7,372 $ 1,940 $ 48,112 2330 Gravel /Dirt Rd Grading RM $ 15,300 S 2,907 S 765 $ 18,972 2340 Pothole Patching Tons $ 158,100 S 30,039 $ 7,905 $ 196,044 2340W Winter Pothole Patch Tons $ 20,400 $ 3,876 $ 1,020 $ 25,296 2343 PR &R SY $ 285,600 $ 54,264 $ 14,280 $ 354,144 2344 Crack Sealing LF $ 122,400 $ 23,256 $ 6,120 $ 151,776 2346 Blade Patch Hot Tons $ 91,800 $ 17,442 $ 4,590 $ 113,832 2351 Gravel /Dirt Rd Temp CY $ 1,000 $ 190 $ 50 $ 1,240 2413 Light Ditch Cleaning DM $ 1,000 $ 190 $ 50 $ 1,240 2511 Bridge Inspection HR $ 1,500 $ 285 $ 75 $ 1,860 DISCRETIONARY 2512 Bridge Repair -Sup. LOC $ 10,200 S 1,938 $ 510 $ 12,648 2513 Bridge Repair -Sub LOC $ 5,100 S 969 $ 255 $ 6,324 2610 Sidewalk Repair SY $ 1,500 $ 285 $ 75 $ 1,860 DISCRETIONARY 2611 Curbs LF $ 1,000 $ 190 $ 50 $ 1,240 DISCRETIONARY 2620 Paths LS $ 500 $ 95 $ 25 $ 620 DISCRETIONARY 2645 Guardrail Maint. LF $ 12,200 $ 2,318 $ 610 $ 15,128 DISCRETIONARY 2646 RNV Fencing HR $ 2,600 $ 494 $ 130 $ 3,224 DISCRETIONARY 2647 Median Maint. HR $ 5,100 $ 969 $ 255 $ 6,324 DISCRETIONARY 2661 Liquid Deicing GAL $ 153,000 $ 29,070 $ 7,650 $ 189,720 2662 Sanding CY S 234,600 $ 44,574 $ 11,730 $ 290,904 2663 Snow Removal- Roadway MI $ 224,400 $ 42,636 $ 11,220 $ 278,256 2664 Snow Removal Sidewalks HR $ 5,100 $ 969 $ 255 $ 6,324 2670 Street Cleaning PM $ 382,500 $ 72,675 $ 19,125 $ 474,300 2671 Winter Sweeping RM $ 51,000 $ 9,690 $ 2,550 $ 63,240 2673 Sweepings Clean -up HR $ 4,100 $ 779 S 205 $ 5,084 2711 Roadside Mowing RM $ 10,200 S 1,938 $ 510 $ 12,648 DISCRETIONARY 2712 Brush Clearing/Tree HR $ 35,700 S 6,783 $ 1,785 $ 44,268 DISCRETIONARY 2713 Weed Control -Res MI $ 20,400 S 3,876 $ 1,020 $ 25,296 DISCRETIONARY 2713A Weed Control - Res(no spray) HR $ 5,100 S 969 $ 255 $ 6,324 DISCRETIONARY 2714 Weed Control -Gen MI $ 30,600 S 5,814 $ 1,530 $ 37,944 DISCRETIONARY Exhibit 4a BUDGET FOR CITY OF SPOKANE VALLEY 2004 1 of 2 ROAD MAINTENANCE ACTIVITIES ACTIVITY NAME PROD UNITS SPO VAL CONTRACT 19% MGT. OVERHEAD 5% ADMIN. OVERHEAD TOTAL COMMENTS 2714A Weed Control - Fen(no spray) HR $ 5,100 $ 969 $ 255 $ 6,324 DISCRETIONARY 2720 Irrigation HR $ 7,100 S 1,349 $ . 355 $ 8,804 DISCRETIONARY 2750 Litter Pickup HR $ 4,100 $ 779 $ 205 $ 5,084 DISCRETIONARY 2750D Litter Pickup Deer EA $ 2,000 $ 380 $ 100 $ 2,480 DISCRETIONARY 2753 Litter Control HR $ 1,000 $ 190 S 50 $ 1,240 DISCRETIONARY 2760 Contour Control HR S 1,000 $ 190 $ 50 $ 1,240 DISCRETIONARY 2762 Contour Control -R/W HR $ 3,100 $ 589 $ 155 $ 3,844 DISCRETIONARY 9710 Drywell Repair EA $ 15,800 $ 3,002 $ 790 $ 19,592 9720 Drywell Cleanout EA $ 62,200 $ 11,818 $ 3,110 $ 77,128 9730 Culvert Repair LF $ 5,100 S 969 $ 255 $ 6,324 9740 Culvert Cleanout EA $ 3,100 $ 589 $ 155 $ 3,844 9742 Swale Maintenance HR S 3,100 $ 589 $ 155 $ 3,844 9747 Curb, Gutter, & Inlet Repair HR $ 7,100 $ 1,349 S 355 $ 8,804 9750 Chasing Water HR S 3,100 $ 589 $ 155 $ 3,844 9751 Investigation HR S 7,100 $ 1,349 $ 355 $ 8,804 TOTALS FOR ROAD MAINTENANCE ACTIVITIES: _ $ 2,096,100 $ 398,259 $ 104,805 $ 2,599,164 TRAFFIC MAINTENANCE ACTIVITIES 2641 TMS,Sign Maintenance HR $ 69,400 $ 13,186 $ 3,470 $ 86,056 2642 TMS,Signal Maintenance HR $ 224,400 $ 42,636 $ 11,220 $ 278,256 2643 TMS,Striping RM $ 86,700 $ 16,473 $ 4,335 $ 107,508 2644 TMS,Crosswalks & Mesgs HR $ 32,600 $ 6,194 $ 1,630 $ 40,424 2649 Weight Restriction Signing HR $ 1,500 $ 285 $ 75 $ 1,860 DISCRETIONARY TOTALS FOR TRAFFIC MAINTENANCE ACTIVITIES: $ 414,600 $ 78,774 $ 20,730 $ 514,104 GRAND TOTAL: $3,113,268 Exhibit 4a BUDGET FOR CITY OF SPOKANE VALLEY 2004 2 of 2 MAINTENANCE WORKERS MONTHLY RATE (a) HOURLY RATE DS RATE (b) 1.5 X RATE (c) 2.5 X RATE (d) TITLE CLASS Extra Help (5 month position) 2231X 1560 9.71 n/a 14.56 24.27 Seasonal Help (9 month position) 2251S 3605 20.8 n/a 22.95 37.77 Road Maint_ Specialist I 2251 4109 23.71 24.31 25.9 42.69 Road Maint. Specialist II 2261 4395 25.36 25.96 27.67 45.64 Road Maint. Specialist III 2271 4586 26.46 27.06 28.84 47.6 Road Maint. Specialist IV 2281 4787 27.62 28.22 30.08 49.66 ADMINISTRATION & MANAGEMENT MONTHLY RATE (a) HOURLY RATE DS RATE (b) SOT RATE (e) 2 X RATE (f) TITLE CLASS Training Foreman 2211 6094 35.16 n/a 25.67 n/a Material Resource Manager 2219 9094 35.16 n/a 25.67 n/a Sottrnwater Program Res. 2128 6566 37.88 n/a 27.61 n/a Operations Manager 2309 6233 35.96 n/a 26.3 n/a Administrative Specialist II 1012 3892 22.45 n/a 24.59 n/a EQUIPMENT CHARGES HOURLY RATE TYPE CLASS Dump Truck TCL8D $33.00 Water Truck TCL8W $40.00 Oil Distributor ASPHT $56.75 Motor Grader GRADE $32.00 Backhoe SACKH $21.00 Asphalt Paver PAVER $50.00 Wheel Loader LOADE $26.00 Sweeper SWEEP $40.00 Broom BROOM $50.00 Sander SANDE $64.50 Roller ROLLS $50.00 Truck & Plow PLOW $43.00 Truck & Pup TCL8D $43.00 Vector TCL8V $60.00 MAINTENANCE SUPERVISION MONTHLY RATE (a) HOURLY RATE DS RATE (b) SOT RATE (e) 2 X RATE (f) TITLE CLASS Road Maintenance Foreman 1 2208 5799 33.46 n/a 24.45 48.19 Road Maint. /Utility Inspector 2208 5799 33.46 n/a 24.45 48.19 Road Maint. Supervisor II 2210 6732 38.84 n/a 28.29 55.87 Road Maint. Superintendent 2222 7050 40.67 n/a 29.7 n/a ROAD MAINTENANCE Exhibit 4b Spokane County Maintenance Labor and Equipment Rates (a) The "Monthly Rate" is the loaded labor rate per month for the class of employee at an average step placement, including benefits and L &I expenses (b) The Differential Shift (DS) rate is the hourly labor charge for those workers assigned to evening shifts (swing and gravaeyard) (c) The 1.5 X rate is the overtime labor charge per hour worked over standard working hours. (d) The 2.5 X rate is the overtime labor charge per hour worked for working standard holidays. (e) Maintenance Supervision, Administration and Management are paid Straight Overtime (SOT), and not the 1.5 rate of the maintenance workers. (f) The SOT rate is also appleid to recognized holiday pay resulting in 2 X, not 2.5 X allowed for maintenance workers. Note 1: Call -out ofter normal working hours is charged a minimum 4 hours straight time, or at the 1.5 X overtime rate for maintenance workers only. Note 2: All rates are based on the most current labor contract (as of 1/31/2003) Note 3: Spokane County reserves the right to utilize any qualified worker for the City of Spokane Valley contracted work. Page 1 of 2 MAINTENANCE WORKERS MONTHLY RATE (a) HOURLY RATE STANDBY RATE (g) ** 1.5 X RATE (c) 2,5 X RATE (d) TITLE CLASS Extra Help (5 month position) 2231X $1,560 $9.71 n/a $14.56 $24.27 Traffic Signal Technician II 2311 $5,529 $31.90 footnote (g) $33.88 $45.17 Taffic Signal Technician III 2312 $6,107 $35.23 footnote (g) $37.44 $49.91 Chief Traffic Signal Technician 2313 $6,580 $37.96 footnote (g) $40.35 $53.80 Traffic Sign Technician 1 2242 $4,079 $23.53 n/a $25.11 $33.47 Traffic Sign Technician II 2265 $4,621 $26.66 n/a $28.45 $37.93 Traffic Sign Technician III 2274 $5,006 $28.88 n/a S30.66 $40.88 Traffic Sign Technician IV 2287 $5,393 $31.12 n/a S33.04 S44.06 Chief Traffic Sign Technician 2283 $6,419 $37.03 n/a $39.35 S52.47 EQUIPMENT CHARGES HOURLY RATE TYPE CLASS 1.5 Ton Truck TCLIJi4 $12.00 Bucket Truck TCL3B $7.50 Class 4 Truck TCLS4 $12.00 Heavy Use Truck TCL6L $7.50 1/2 Ton Truck PU1 /2 $6.00 Compact 4X4 P4X4C $4.30 Mini Van VANMC $4.00 Midsize Sedan CARMD $3.25 Striper Truck PTRKC $44.75 ADMINISTRATION & MANAGEMENT MONTHLY RATE (a) HOURLY RATE STANDBY RATE (g) SOT RATE (e) 2 X RATE (1) TITLE CLASS Engineer III 2335 $7,451 542.99 n/a $30.48 n/a TRAFFIC CONTROL MAINTENANCE Exhibit 4b Spokane County Maintenance Labor and Equipment Rates (a) The "Monthly Rate" is the loaded labor rate per month for the class of employee at an average step placement, including benefits and L &I expenses (b) The On -call rate is the hourly labor charge for those workers assigned to evening shifts (swing and gravaeyard) (c) The 1.5 X rate is the overtime labor charge per hour worked over standard working hours. (d) The 2.5 X rate is the overtime labor charge per hour worked for working standard holidays. (e) Administration and Management are paid Straight Overtime (SOT), and not the 1.5 rate of the maintenance workers. (f) The SOT rate is also applid to recognized holiday pay resulting in 2 X, not 2.5 X allowed for maintenance workers. (g)* *Standby rates are used for signal emergencies: Weekday evenings, 4 p.m. to 7a.m., are paid at $0.70 per hour Weekends, running from 4 p.m. Friday to 7 a.m Monday, $2.00 per hour Standard Holidays, beginning 12:01a.m. on any standard holiday for 24 hours ending at midnight on the calendar holiday, $3.00 per hour. Note 1: Call-out offer normal working hours is charged a minimum 4 hours straight time, or at the 1.5 X overtime rate for maintenance workers only. Note 2: All rates are based on the most current labor contract (as of 1/31/2003) Note 3: Spokane County reserves the right to utilize any qualified worker for the City of Spokane Valley contracted work. Page 2 of 2 ROAD MAINTENANCE ACTIVITIES ACTIVITY NAME PROD UNITS SPO VAL CONTRACT 19% MGT. OVERHEAD 5% ADMIN. OVERHEAD TOTAL COMMENTS 2312 Dust Control Prep LF $ 8,100 $ 1,539 $ 405 $ 10,044 DISCRETIONARY 2320 Shoulder Repair SM S 2,500 $ 475 $ 125 $ 3,100 2322 Shoulder Maint. Grader SM S 32,000 $ 6,080 S 1,600 $ 39,680 2330 Gravel/Dirt Rd Grading RM $ 15,000 $ 2,850 $ 750 $ 18,600 2340 Pothole Patching Tons $ 155,000 $ 29,450 $ 7,750 $ 192,200 2343 PR&R SY $ 280,000 $ 53,200 $ 14,000 $ 347,200 2344 Crack Sealing LF $ 90,000 $ 17,100 $ 4,500 $ 111,600 2346 Blade Patch Hot Tons $ 90,000 $ 17,100 $ 4,500 $ 111,600 2511 Bridge Inspection HR $ 1,500 $ 285 $ 75 $ 1,860 DISCRETIONARY 2512 Bridge Repair -Sup LOC $ 10,000 $ 1,900 $ 500 $ 12,400 2513 Bridge Repair -Sub LOC $ 5,000 $ 950 $ 250 $ 6,200 2610 Sidewalk Repair SY $ 1,500 $ 285 $ 75 $ 1,860 DISCRETIONARY 2611 Curbs LF $ 1,000 $ 190 $ 50 $ 1,240 DISCRETIONARY 2620 Paths LS $ 500 $ 95 $ 25 $ 620 DISCRETIONARY 2645 Guardrail Maint. LF $ 10,000 $ 1,900 $ 500 $ 12,400 DISCRETIONARY 2646 R/W Fencing HR $ 2,500 $ 475 $ 125 $ 3,100 DISCRETIONARY 2647 Median Maint. HR $ 5,000 $ 950 $ 250 $ 6,200 DISCRETIONARY 2661 Liquid Deicing GAL $ 50,000 $ 9,500 $ 2,500 $ 62,000 2662 Sanding CY $ 80,000 $ 15,200 $ 4,000 $ 99,200 2663 Snow Removal- Roadway MI $ 120,000 $ 22,800 $ 6,000 $ 148,800 2670 Street Cleaning PM $ 225,000 $ 42,750 $ 11,250 $ 279,000 2673 Sweepings Clean -up HR $ 2,500 $ 475 $ 125 $ 3,100 2711 Roadside Mowing RM $ 10,000 $ 1,900 $ 500 $ 12,400 DISCRETIONARY 2712 Brush Clearing/Tree HR $ 25,000 $ 4,750 $ 1,250 $ 31,000 DISCRETIONARY 2713 Weed Control -Res MI $ 20,000 $ 3,800 $ 1,000 $ 24,800 DISCRETIONARY 2713A Weed Control - Res(no spray) HR $ 5,000 $ 950 $ 250 $ 6,200 DISCRETIONARY 2714 Weed Control -Gen MI $ 30,000 $ 5,700 $ 1,500 $ 37,200 DISCRETIONARY 2714A Weed Control - Fen(no spray) HR $ 5,000 $ 950 $ 250 $ 6,200 DISCRETIONARY 2720 Irrigation HR $ 5,000 $ 950 $ 250 $ 6,200 DISCRETIONARY 2750 Litter Pickup HR $ 2,000 $ 380 $ 100 $ 2,480 DISCRETIONARY 2750D Litter Pickup Deer EA $ 2,000 $ 380 $ 100 $ 2,480 DISCRETIONARY 2753 Litter Control HR $ 1,000 $ 190 $ 50 $ 1,240 DISCRETIONARY Exhibit 4a BUDGET FOR CITY OF SPOKANE VALLEY May through December - 2003 1 of 2 Exhibit 4a BUDGET FOR CITY OF SPOKANE VALLEY May through December - 2003 ROAD MAINTENANCE ACTIVITIES ACTIVITY NAME 2760 Contour Control 2762 Contour Control -RNV 9710 9720 9730 9740 9742 9747 9750 9751 2641 2642 2643 2644 2649 2653 Drywell Repair Drywell Cleanout Culvert Repair Culvert Cleanout Swale Maintenance Curb, Gutter, & Inlet Repair Chasing Water Investigation TMS,Sign Maintenance TMS,Signal Maintenance TMS,Striping TMS,Crosswalks & Mesgs Weight Restriction Signing Striping -Prep & Cleanup PROD UNITS HR HR EA EA LF EA HR HR HR HR TOTALS FOR ROAD MAINTENANCE ACTIVITIES: HR HR RM HR HR HR TOTALS FOR TRAFFIC MAINTENANCE ACTIVITIES: SPO VAL CONTRACT $ 1,000 $ 3,000 $ 15,500 S 51,000 S 5,000 S 2,500 $ 3,000 $ 7,000 $ 2,000 $ 5,000 $ 1,387,100 $ 41,000 $ 132,000 $ 85,000 S 32,000 $ 1,500 $ 500 $ 292,000 19% MGT. 5% ADMIN. OVERHEAD OVERHEAD $ 190 570 2,945 9,690 950 475 570 $ 1,330 $ 380 7,790 S 25,080 S 16,150 $ 6,080 $ 285 $ 95 $ 55,480 $ 50 150 $ 775 $ 2,550 $ 250 $ 125 150 350 $ 100 $ 950 $ 250 $ 263,549 $ 69,355 $ 2,050 $ 6,600 4,250 $ 1,600 $ 75 25 TOTAL 1,240 3,720 $ 19,220 $ 63,240 $ 6,200 $ 3,100 $ 3,720 $ 8,680 $ 2,480 $ 6,200 $ 1,720,004 $ 50,840 $ 163,680 $ 105,400 $ 39,680 $ 1,860 $ 620 $ 14,600 I $ 362,080 GRANDTOTA L: $2,082,084 COMMENTS DISCRETIONARY DISCRETIONARY TRAFFIC MAINTENANCE ACTIVITIES DISCRETIONARY 2 of 2 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 03 -AE A RESOLUTION OF TIDE CITY OF SPOKANE VALLEY, WASHINGTON ESTABLISHING A MORATORIUM ON THE FILING OF APPLICATIONS WITH SPOKANE COUNTY FOR DEVELOPMENT PERMITS OR LAND USE APPROVALS ASSOCIATED WiTH ADULT ENTERTAINMENT WITHIN THE CORPORATE LIMITS OF THE CiTY OF SPOKANE VALLEY. WHEREAS, the voters of the City of Spokane Valley on May 21, 2002 approved the incorporation of the City of Spokane Valley as a non - charter code city: WHEREAS, the City Council believes that it is in the best interest of the City of Spokane Valley to promote reasonable and orderly growth pursuant to the adoption of reasonable development standards and criteria; WHEREAS, if the City were to begin public consideration of permanent regulations and amendments without first adopting a moratorium, the efforts could be frustrated by the submission of applications for certain land uses which would render the proposed regulations moot; WHEREAS, R.CW 35.02.137 authorizes the City Council to adopt resolutions establishing moratoria during the interim transition period on the filing of applications for development permits and approvals, including, but not limited to subdivision approvals and building permits; and WHEREAS, the City Council finds protection of the public health, safety and welfare supports establishment of a moratorium on applications for certain development permits and approvals for property within the corporate limits of the City of Spokane Valley. NOW, THEREFORE, be it Resolved by the City Council of the City of Spokane Valley, Washington, as follows: Section 1. Adult Entertainment. A moratorium is imposed upon the filing with Spokane County of any and all applications for licenses, permits and approvals for adult entertainment establishments, as that term is defined in Chapter 7.80 of the Spokane County Code (Resolution 99 0762, dated September 7, 1999). For purposes of reference, a map of the corporate limits of the City of Spokane Valley is attached hereto as Exhibit "A ". Section 2. Tenn of Moratorium. The moratorium shall be effective immediately upon passage of this Resolution and shall continue in effect until the official date of incorporation of the City of Spokane Valley. Section 3. Duties of City Clerk and Spokane County. The Interim City Clerk shall immediate y transmit a certified copy of this resolution to the Spokane County Commissioners and the Spokane County Department of Building and Planning. Spokane County shall cease accepting all applications for licenses, permits and/or other approvals for land uses described in Section 1. Section 4. Public Hearing. A public hearing on the moratorium established by this resolution held before the City Council prior to the expiration of this moratorium. Notice shall be posted and published in the City's official newspaper at least 10 days prior to hearing date. Section 5. Severability. If any section, sentence, clause or phrase of this resolution Page 1 Canocumenls and SettineslmtullcrtLocal Settings \Temporary interne.t Files\OLK111Resolution03- AE.doc shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. ATTEST: Adopted this day of February, 2003. Interim City Clerk, Ruth Muller Approved as to Form: Interim City Attorney, Stanley M. Schwartz City of Spokane Valley Mayor Michael DeVleming Page 2 C:U:hccumerns and Settingsirmullei'\Local Setungs\Tcmporary Internet FileslaK 1 I\Resoluaon03- AE.doc PtestoalGateslEllis LLP MEMORANDUM TO: FROM: GATE: Bob N ack., Finance Director Fra Tombari, Farmers and Merchants Bank Michael C. Ormsby February 4, 2003 RECEIVED FEB 0 5 2003 /iW SUBJECT: Ordinance Authorizing Note for Line of Credit - City of Spokane Valley After my conversation with Bob yesterday and the message that I received from Frank, we have redrafted the Ordinance and the changes are included in the draft enclosed herewith. Please review and let me know if there are any additional changes, or if you have any questions or comments. Frank forwarded a revised Note to me that we will review today and get comments back to him if necessary. 13ob, if you would like me to attend any work sessions or City Council meetings to discuss the Ordinance or answer any questions that the Councilmembers may have, please let me know and I would be happy to do so. It is a pleasure to have the opportunity to work with you on this financing. cc: Stan Schwartz, w /enc. Enclosure: Ordinance Draft #2 K 1437471001101 VMCOWC0_6133tX MCO A LAW FIRM I A LIMITED LIABILITY PARTNERSHIP INCLUDING OTHER LIMITED LIABILITY ENTITIES 601 WEST RIVERSIDE AVENUE SUITE 1400 SPOKANE, WA 99201 -0635 TEL: (509} 624.2100 FAX: (509} 456.0146 WWW.PRESTONGATES.COM Anchorage Coeur d'Alene Hong Kong Orange Portland San Francisco Seattle Spokane Washington, DC ORDINANCE NO. KN 94C6loo1 ow.Mcovnco_romso AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, OF SPOKANE COUNTY, WASHINGTON, PROVIDING FOR TIIE ISSUANCE AND SALE OF A TAX AND REVENUE ANTICIPATION NOTE OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED S1,000,000; PROVIDING FOR THE DISPOSITION OF THE PROCEEDS OF SALE OF SUCH NOTE; FIXING THE DATE, FORM, INTEREST RATE, TERMS, MATURITY AND COVENANTS OF SUCH NOTE; CREATING A NOTE /ACCOUNT FROM WHICH TH PRINCIPAL OF AND INTEREST ON SUCH NOTE SHALL BE PAID; CONFIRMING THE SALE OF SUCH NOTE TO FARMERS & MERCHANTS BANK OF ROCKFORD; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO CITY OF SPOKANE VALLEY Spokane County, Washington TAX AND REVENUE ANTICIPATION NOTE, 2003 Principal Amount of Not to Exceed S1,000,000 WHEREAS, at a special election the formation of the City of Spokane Valley, Washington (the "City ") was approved; and WHEREAS, the City needs money to finance the costs of operating and maintaining the City pending receipt of taxes and other revenues; and WHEREAS, RCW 39.46.050 authorizes local governments to establish lines of credit with any qualified public depository to be drawn upon in exchange for its obligations; and WHEREAS, pending receipt of taxes and other revenues, it is in the best interests of the residents of the City that the City issue a tax and revenue anticipation note to pay for the City's operation and maintenance expenses; and WFIEREAS, Farmers & Merchants Bank of Rockford, of Spokane Valley, Washington, has offered to purchase the note; and «TFIEREAS, the City Council deems it in the best interest of the City that it sell the note to such purchaser; NOW, THEREFORE, THE CITY COUNCIL OF TFIE CITY OF SPOKANE VALLEY, WASHNGTON, DO ORDAIN AS FOLLOWS: - 1 - Section 1. Definitions. As used in this Ordinance, the following terms shall have the following meanings: "City" means the City of Spokane Valley, Washington. "Clerk" or "City Clerk" shall mean the de facto or de jure City Clerk of the City, or other officer of the City who is the custodian of the seal of the City and of the records of the proceedings of the City Council, or his/her successor in function, if any. "Council" means the general legislative body of the City as the same shall be duly constituted from time to time. "Finance Director" shall mean the Finance Director of the City. "Issuing Officer" means the Mayor of the City, the City Administrator, or City Finance Director or Finance Director, including any interim appointees, when duly appointed by the Mayor. "Mayor" shall mean the Mayor of the City or any presiding officer or titular head of the City Council, or his successor in functions, if any. "Note" means the "Spokane Valley, Washington, Tax and Revenue Anticipation Note, 2003" authorized by this Ordinance. "Note lAccount" means the "Spokane Valley Tax and Revenue Anticipation Note Redemption F n4Account, 2003" created by Section 3 of this Ordinance. "Note Proceeds Account" means the "Spokane Valley Note Proceeds Account" created by Section 5 of this Ordinance. "Note Register" shall mean the registration records of the City on which shall appear the name and address of the Registered Owner of the Note. "Note Registrar" shall mean the Finance Director of the City or his/her successor in functions, if any. "Purchaser" shall mean Farmers & Merchants Bank of Rockford, of Spokane, Washington. "Registered Owner" means the person in whose name the Note is registered on the Note Register. Section 2. .Issuance of Note. In anticipation of the receipt of general tax revenues or revenues from other sources, the City shall, for the purpose of funding general operating -2- expenses of the City, issue its Note in the principal amount of not to exceed $1,000,000. Said short -term obligation shall be designated the "Spokane Valley, Washington, Tax and Revenue Anticipation Note, 2003," shall be dated March 1, 2003 and shall mature on December 31, 2003. The principal of the Note shall be payable at maturity. The Note shall bear interest on the unpaid balance at a rate equal to the seven (7) day F1-ILB Index plus .61% adjusted daily from the date of each draw until paid. Interest shall be payable upon prepavnient of the Note or on-the-last day-et eac-h month and at maturity of the Note. Interest on the Note shall be calculated on the basis of a 360 -day year and the actual number of days elapsed. The Note shall be issued in registered form. Both principal of and interest on the Note shall be payable in lawful money of the United States of America at the office of the Finance Director of the City in Spokane Valley, Washington, and shall be a general obligation of the City to the extent provided herein. The Firiance Director shall act as the Note Registrar and the Registered Owner of the Note shall not be entitled to the benefits of this Ordinance or the Note until the Note Registrar has executed the Registrar's Certificate. Section 3. Note Redemption F- undAccount. A special fundaccount of the City to be known as the "Spokane Valley Tax and Revenue Anticipation Note Redemption FundAccount, 2003" (the "Note FundAccount") is hereby authorized to be created by the City. The Note FunddAceouunt shall be a trust account and shall be drawn upon for the sole purpose of paying the principal of and interest on the Note. Money on deposit in the Note F4Account not immediately needed to pay such interest or principal may temporarily be deposited in such institutions or invested in such obligations which are legal investments for City funds. Any interest or profit from the investment of such money shall be deposited in the Note FndAccount. Any money remaining in the Note FundAccount after payment in full of the principal of and interest on the Note may be transferred to the general operating fund of the City (the "General Fund "). and the Note FundAccount shall be closed. The City covenants and agrees that on or before the maturity date of the Note, it will deposit in the Note FundAccount, out of all taxes levied by the City within and as a part of the levy permitted by law without a vote of the electors and when permitted to be levied by State law, and out of other revenues received by the City, such tax receipts and other revenue in an amount which, together with other money of the City, if any, legally available for such purposes, will be sufficient to pay the principal of and interest on the Note. The City hereby irrevocably pledges that a sufficient portion of such tax receipts and other revenues to be collected by the City prior to the full payment of the principal of and interest on the Note will be and is hereby irrevocably set aside, pledged and appropriated for the payment of the principal of and interest on the Note. Such taxes and other revenue so pledged shall be paid directly into the Note FundAccount in amounts sufficient to pay the principal of and interest on the Note at maturity, and none of the money in such FundAccount shall be used for any other purpose than the payment of the principal of and interest on the Note as the same shall become due. -3- Section 4. Redemption Prior to Maturity. The Note may fret.) -be pre -paid prior to its maturity in whole or in part at any tame. Section 5. Application of the Proceeds of the -Note. All draws upon the Note under this Ordinance shall be deposited into a special account designated the "Note Proceeds Account" that is hereby created in the City's General Fund, and may be used by the City to pay the general operating and maintenance expenses of the City. Following the execution and delivery of the Note, the City shall notify the Purchaser in writing on the form entitled "Disbursement Request and Authorization ", attached hereto as . Exhibit "A ", each time that a draw is required to pay the general operating and maintenance expenses of the City. The Council hereby designates the Finance asDirector as the person or persons authorized to make a request for a draw against this Note. The Finance Director may invest all or part of the proceeds of the Note temporarily in or with such institutions or in such obligations as may now or hereafter be permitted for cities in the State of Washington by law and which will mature prior to the date on which such money shall be needed. Earnings on such investments shall accrue to the benefit of the General iFund. Section 6. Form of the Note. The Note shall be in substantially the form shown in Exhibit "B" attached hereto and incorporated herein by this reference. Section 7. Execution of the Note. The Note shall be executed on behalf of the City by the manual signature of the Mayor and City Clerk. Section 8. Note Registrar. The Finance Director is hereby appointed as Registrar, paying agent, and transfer agent with respect to the Note, subject to the following terms and conditions: A. The Registrar shall keep, or cause to be kept, at his/her principal office, sufficient books for the registration and transfer of the Note (the "Note Register "), in which shall be maintained the name and address of the Registered Owner of the Note. B. The Registrar is authorized, on behalf of the City, to register and deliver any Note issued or transferred in accordance with the provisions of such Note and this Resolution, and to carry out all of the Registrar's powers and duties under this Resolution. C. The Registrar shall be responsible for his/her representations contained in the Registration Certificate on the Note. Section 9. Lost, Destroyed or Mutilated Note. in the event the Note is lost, destroyed, or mutilated, the City will cause to be issued a new Note, substantially similar to the original, to replace the same, in such manner and upon such reasonable terms and conditions as the Council may determine. - 4 - Section 10. Sale of Note; Authorization to Officials and Agents; Ratification of Prior Actions. The Council hereby authorizes the sale of the Note to the Purchaser pursuant to the Purchaser's offer attached hereto as Exhibit "C" and incorporated herein by reference. The appropriate City officials, agents and representatives are hereby authorized and directed to do everything necessary for the prompt issuance, execution and delivery of the Note and for the proper use and application of the proceeds of the sale thereof as provided in this Ordinance. All actions heretofore taken by the City's officials, agents and representatives in connection with the issuance and sale of the Note are hereby ratified, approved and confirmed. Section 11. Note Not Arbitrage Bond or Private Activity Bond; Special Designation. The City covenants and agrees that throughout the term of the Note, no part of the proceeds of the Note or any other moneys or obligations held under this Ordinance shall at any time be used for any purpose or invested in such a manner, nor shall the City take any other action, which would cause the Note to be (i) an "arbitrage bond" under the Internal Revenue Code of 1986, as amended, and applicable regulations (the "Code ") or (ii) a "private activity bond" under the Code. The City hereby designates the Note as a "qualified tax- exempt obligation" under Section 265(b) of the Code. The City does not expect to issue tax- exempt obligations in an aggregate principal amount in excess of ten million dollars during calendar year 2003. Section 12. No Continuing Disclosure. The City is exempt from providing continuing disclosure pursuant to the Securities and Exchange Commission's Rule 15c 2 -12, as amended, because it has less than $10 million in outstanding debt and because the Note is issued in a denomination larger than $100,000. Section 13. Ordinance a Contract. This Ordinance shall constitute a contract between the City and the Purchaser. Section 14. Effective Date. This Ordinance shall become effective five days after its passage and publication as required by law. The Ordinance shall be published by Title only, in the form attached as Exhibit "D ". ADOPTED under a suspension of rules by the City Council of the City of Spokane Valley at a meeting held this 25 day of February, 2003. ATFEST: CITY OF SPOKANE VALLEY, WASHINGTON By Mayor City Clerk * * * * * * * * # * i # * * • I, the undersigned, City Clerk of the City of Spokane Valley, of Spokane County, Washington, hereby certify that the foregoing Ordinance is a full, true, and correct copy of an Ordinance duly adopted at a regular meeting of the City Council, duly and regularly held at the regular meeting place thereof on February 25 , 2003, of which meeting all members of said Council had due notice and at which a majority thereof were present; and that at said meeting said Ordinance was adopted by the following vote: AYES, and in favor thereof, Councilmembers: NAYS, Councilmembers: ABSENT, Councilmembers: ABSTAIN, Councilmembers: I further certify that I have carefully compared the same with the original Ordinance on file and of record in my office; that said Ordinance is a full, true, and correct copy of the original Ordinance adopted at said meeting; and that said Ordinance has not been amended, modified, or rescinded since the date of its adoption, and is now in full force and effect. WI WITNESS WHEREOF, I have set my hand and affixed the official seal of the City on , February 25. 2003. - 7 - City Clerk Memo To: Mayor and City Council Members Lee Walton, Interim City Manager From: Stanley M. Schwartz, interim City Attorney Date: February 18, 2003 Subject: Public Facilities Development Convention Center Expansion, Fairground Improvements and Mirabeau Point Attached you will see a memorandum that summarizes, as of this date, the proposed $96,000,000.00 bond issue of Spokane County. This memorandum was prepared by the bond attorneys for Spokane County and summarizes the proposed bond issues. I have received draft documents which include the following. 1. Spokane County Bond Resolution to issue $96,000,000.00 of limited tax general obligation bonds. (Series A = 36 million and Series B = 60 million) 2. Official Statement. 3. Loan Agreement between Spokane County and Public Facilities District. 4. Annual Lease Agreement between Spokane County and Public Facilities District. 5. Contingent Loan Agreement between Spokane County, City of Spokane, City of Spokane Valley and Spokane Public Facilities District. I must emphasize that the above documents are considered drafts and are likely to change with the final deal points subject to approval by the various legislative bodies. At this point, the documents contemplate the City of Spokane Valley being a party to the Contingent Loan Agreement. The Contingent Loan Agreement provides if (1) tax revenues; (2) a funded reserve account; (3) an additional pledge of money by the Public Facilities District; and (4) other potential revenues are insufficient to repay the debt reflected in the County Bond Resolution, the parties to the Contingent Loan Agreement would make a loan to pay debt obligations. The loan will be repaid when there is sufficient revenue to meet the annual debt service obligation and fund the reserve accounts. For the City of Spokane Valley, the contingent loan obligation is 7/36 of the outstanding principal and interest payment on the 36 million issue. (Series A) Callaenrnents and Settings nnullertLocai Scttings\Temporary Internet Files \OLKI I\MEMMnyorCityCouncil 02- 18- 03.doc On Thursday, I will be prepared to provide further details and outline the structure as it evolves and affects the City of Spokane Valley. I will also address and discuss my limited representation of the Pubic Facilities District and attorney conflict rules in the State of Washington. C:1Documcnts anti SeuingstrrruillerALocal Scttinssvrcmporary Internet riles \OLKl1IMEM,binyorCityCouncil 02- 18- 03_doc ti To: Fax #: From: Subject: CO"X S: CLIENT NO. 14324 -1 FAX TRANSMISSION WITHERSPOON, KELLEY, DAVENPORT & TOOLE, P.S. 1100 U.S. Bank Bldg, Spokane, WA 99201 (509) 624-5265 Fax: (509) 458 -2728 Ruth Muller 921 -1008 STANLEY SCHWARTZ Public Facilities Development [ J ORIGINAL WILL FOLLOW [X] ORIGi1NAL WILL NOT FOLLOW Date: Pages: Feb 18 2003 11:32 P. 01 February 18, 2003 4, including this cover sheet. *OEN ED FEB 1 % A� City of Spokane Valley CONFIDENTIALITY NOTICE: THIS FACSIMILE TRANSMISSION (AND THE kfA TERM LSA TTACHED TO 1774REPRIVATE AND CONFIDENTIAL. THE INFORMATION CONTAINED IN THE MA TERIA LS IS PRIVILEGED AND IS INTENDED ONLY FOR THE USE OF THE IIVDIVIDUAL(S) OR ENTITY(IES) NAMED ABOVE. IF YOU ARE NOT THE INTENDED RECIPIENT, BEADVISED THAT THE UNAUTHO USE, DISCLOSURE. COPYI G, DISTRIBUT!ONOR TIUE ICING OF ANY ACTION ITI RELIANCE ON THE CONTENTS OF THIS INFORMATIONIS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS FACSLti1IL.E TRANSMISSION IN ERROR. PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE TO ARRANGE FOR THE RETURN OF THE TRANSMITTED DOCUMENTS, • TO: FROM: DATE: February 13. 2003 RE: Roy J. Koegen Jared B. Black LUKINS & ANNIS, P.S. ATTORNEYS AT LAW 1600 WA6NGvGTOD+TRU3r FntANCIALCbNTBR • 717 W SPRAGj Avs. • SKNC.4Xg, WA 99201.0466 PNONn (W) 455 -9555 • FAx (307) 747-nn MEMORANDUM Marshall R. FarneIl, Spokane County James P. Emacio, Spokane County Sean Keatts, Lehman Brothers Kevin Twohia, Spokane Public Facilities District Alan Dashen, A. Dashen & Associates Stanley Schwartz, Witherspoon Kelley James Richman, City of Spokane Michael Lewis, AterWynne Michael Schrader, AterWynne John Rose, Seattle - Northwest Securities Corporation SPOKANE - COEUR d'Au Na • Most LAKE Feb 18 2003 11 :32 P. 02 Proposed $96,000,000 Spokane County Limited Tax General Obligation Bonds Current Scenario. The following memorandum summarizes the significant points of the proposed financing structure that we discussed yesterday afternoon with respect to the Regional Projects and the County Project It is not intended to contain all financing and structuring details. The following is the recommended structure and contemplates municipal bond insurance. In our preliminary discussions with one of the largest and most respected bond insurance firms in the country, we have been led to understand that the insurer would be interested in obtaining the County's business with respect to the proposed $96,000,000 bond issue. For purposes of this memorandum, the term "Regional Projects" shall mean the following undertakings of the District: (1) thc acquisition of an interest in the Spokane County Fair & Expo Center, (if) the acquisition of an interest in and the construction of improvements to Mirabe'au Point, and (iii) the acquisition of tin interest in, construction of improvements to and tho expansion of existing convention facilities at an approximate combined aggregate cost of SS4,000,000. 2 For purposes of this memorandum, thc term "County Project" shall mean the undertaking and accomplishment by the County of construction of improvements to and expansion of the Spokane County Fair fi Expo Center at If,. Opp .° cost of S t 2,000,000. Feb 18 2003 11:33 P.03 In this scenario, the District would still borrow S60,000,000 in the form of the Financing Loan and the County would use $36,000,000 to purchase parking facilities (as they presently exist or as they may be constructed in connection with improvements to the Convention Center) which would generate revenues which would also be dedicated to repayments to bondholders. The District and the County would enter into an Operating Agreement with respect to the parking facilities. The County would issue 2 series of bonds; Series A for $60 million and Series B for S36 million. The major deal points for each of the series are as follows: Series 2003 A -- 360, 000, 000 Bond Issue. • The County's obligation to it bondholders would be insured. • The District's obligation to make repayments under the Loan Agreement would be insured to the Counn-. • The District would pledge as a first lien under the Loan Agreement all of the Regional Project Tax Revenues. • The District would agree not to issue any bonds that have a superior or equal claim on the Regional Project Tax Revenues (i_e_, the District would not issue any more "first lien" bonds). • If the insurance company had to pay the County for a default by the District under the Loan Agreement, the insurance company would only look to the District for repayment. Series 2003 B -- $36,000,000 Bond Issue. • The County's obligation to its bondholders would be insured. • The proceeds of the bonds would be uscd to acquire one or more District facilities (presumably as they presently exist or as they may be constructed in connection with improvements to the Convention Center). • Consideration must exist as a matter of state law. • These parking facilities would be leased back to the District on an annual basis through the Annual Lease. • The lease payments on the Annual Lease to the County would equal debt service on the County's Series 2003 B Bonds. • The Annual Lease would contain a purchase option in favor of the District if the District renews through the termination date. • The Annual Lease would be subject to non - appropriation on an annual basis to avoid the District's statutory debt capacity issues. • NON- APPROPRIATION RISK. If the Annual Lease is not appropriated by the District Board in any given year and is extinguished pursuant to its terms, than in that event the City would bear 17/36, the County would bear 12/36 and the Valley City would bear 7/36 of the non - appropriation risk. The City, the Valley City and the County would pay their respective share of the difference between the revenues pledged for repayment and the debt service on the Series 2003 B Bonds so that the County could repay its bondholders in a timely manner. District to take "all available means" 3 In the event of default, the insurance company would pay bondholders directly and then look to the County for reimbursement. 4 In the event of default by the District, the insurance company would make loan payments to the County (thereby allowing the County to make prompt payments to bondholders) and then look to the District for repayment. 1S PO:•CANEt1vOLY.MUNIC[PAUSPOzANE COUNTriCO\YEYr1044 CEITER FtNANQNG't M 8GND ISSU8 MAJm, % nocutoann FLLE MEMonAND& r.iscaLLAno Feb 18 2003 11:33 P.04 before the City, the Valley City or the County are obligated to step -up. The City, the Valley City and the County would each be required to deposit their respective share of the risk by November 2 and May 2 of each year and if not so deposited the County Treasurer would intercept the property tax collections of the entity that did not make its deposit by a payment date. This obligation (and the intercept mechanism) would be contained in a Contingent Loan Agreement by and among the County, the Valley City and the City. • REVENUE SHORTFALL RISI {. If the Annual Lease is appropriated by the District Board, but there is a revenue shortfall in any given year, than in that event the City would bear 17/36, the County would bear 12/36 and the Valley City would bear 7/36 of the revenue shortfall risk. The City, the Valley City and the County would pay their respective share of the difference between the revenues pledged for repayment and the debt service on the Series 2003 B Bonds so that the County could repay its bondholders in a timely manner. District to take "all available means" before the City, the Valley City or the County are obligated to step -up. The City, the Valley City and the County would each be required to deposit their respective share of the risk by November 2 and May 2 of each year and if not so deposited the County Treasurer would intercept the property tax collections of the entity that did not make its deposit by a payment date. This obligation (and the intercept mechanism) would be contained in a Contingent Loan Agreement by and among thc County, the Valley City and the City. The District would pledge as a second lien under the Annual Lease, all of the Regional Project Tax Revenues. • District to establish a reserve fund at 52,500,000. • District to maintain and grow the balance in the reserve fund to 53,600,000 by 2017 from excess Regional Project Tax Revenues, operating profits, or other legally available funds. • District to establish . a renewal and replacement fund with initial balance of S0. • Flow of funds provision in Loan Agreement to establish that the District shall be obligated to grow the balance in the reserve fund to S4,000,000 by 2017 from excess RG7ional Project Tax Revenues, operating profits, or other legally available funds. Issues to be resolved: • Which parties benefit from revenues from the parking facilities leased to the District under the Annual Lease in the event of either a shortfall or a nonappropriation event? • What does the District's obligation to take all "available means" include (e.g., does it include all action other than selling District assets or does it consist of only a 59.6M capped obligation)? vtS oxANJ \volzazuNICIPALLYcxANE COUTqTY'iGOA'VENrION CENTER FiNAlsiCIUCVyM BOND ISSUE MASTER tX.PJ'.1ENT LS /MEMORANDA, MISC}UAN&C MEMO CITY OF SPOKANE VALLEY 11707 Sprague Ave, Spokane Valley VA 99206 Tel: (509) 921 -1000, Fas (509) 921 -1008 c - mail lwalion@spokanevalley.org 10: Council FR: Lee W Date: For Feb 18 Study Session Sub: Geiger Corrections Interlocal Agreement The Geiger Corrections Center provides low- medium to minimum Security Confinement facility as an alternative to the County Jail. Attached is letter Mike Pannek describes the functions of this facility. The City is very fortunate that the County had the insight and foresight to establish such a program for Spokane County. Not only does it provide for a less expensive confinement means of confining County and City prisoners but also a number of appropriate rehabilitation alternatives. These include Work Release, Work. Crew and Electronic Monitoring programs. Like the Jail, costs charged for use of this facility are "pre- ordained" and applied equally to all Cities in the County. SPOKANC County COURT NOUSC 16 January 2003 Mayor Mike DeVleming & ay Mana a er W Ilto City of Spokane Valley Redwood Plaza 11707 East Sprague Avenue, Suite 106 Spokane Valley, WA 99206 RE: INMATE HOUSING INFORMATION Dear Mayor DeVleming and City Manger Walton, Marshall Farneli, Spokane County Budget Director, suggested that I write to you and provide some basic information about the correction center. That is the purpose of this letter. Geiger Corrections Center is a coed, low- medium to minimum security confinement facility. We house offenders in four inmate programs designed to promote rehabilitative opportunities and reduce the costs of incarceration. The.set programs are summarized in the attached general information packet. Geiger is operated as a County enterprise fund. We take great pride in keeping our costs low — this facility has the lowest daily housing costs of any similar sized jail or corrections center in the state. We have contracts to house inmates with the cities of Spokane, Cheney, Airway Heights and Medical Lake. We look forward to serving the City of Spokane Valley. The daily housing costs for inmates incarcerated at Geiger are: Confinement Program Work Release Program Work Crew Program Electronic Monitoring G MIKE PANNEK DIRECTOR Geiger does not charge a booking fee. $42.25 $35.00 $39.50 Paid by the inmate ( (t S» (( ) \ liMitt Geiger Corrections Center ADMINISTRATION OFFICE: P.O. BOX 19202 SPOKANE, WA 99219 -9202 (509) 477 -3259 RECEIVED JAN 1 7 2003 BY: EL- Geiger Director's Letter dated 1/16/2003 — Page 2 Please call me at 477 -1534 or by e-mail (mpannek(a�spokancecounty.orq) if you any questions. I'd like to invite you to visit the facility at some convenient future date and give you a closer look at our operation. Mike Pannek Director Copies to: Fran Boxer, Spokane County Chief Executive Officer Marshall Farnell, Budget Director Return to: Daniela Erickson Clerk of the Board 1116 West Broadway Spokane, Washington 99260 INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND THE CITY OF SPOKANE VALLEY REGARDING CONFINEM1ENT -WORK CREW -WORK RELEASE (April 1, 2003 — December 31, 2004 with renewal right through December 31, 2006) THIS AGREEMENT, made and entered into by and among Spokane County, a political subdivision of the State of Washington, having offices for the transaction of business at 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 hereinafter referred to as the "PARTIES." WITNESSETH: WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners of Spokane County has the care of county property and management of funds and business; and WHEREAS, pursuant to the provisions of RCW 70.48.210 and RCW 9.94A.135, the County has established and maintains the Geiger Corrections Center ( "Facility"), which provides confinement, work crew /work release programs; and WHEREAS, pursuant to the provisions of RCW 70.48.210 and RCW 9.94A.135, the City of Spokane Valley is authorized to establish and maintain confinement, work crew /work release programs; and WHEREAS, pursuant to the provisions of RCW 9.92.130, when a person has been sentenced by any municipal or district court judge in this State to a term of imprisonment in a city jail, such person may be compelled on each day of such term, except Sundays, to perform eight (8) hours' labor upon the streets, public buildings, and grounds of such city; and Page 1 of 8 WHEREAS, pursuant to the provisions of chapter 39.34 RCW, two or more public entities may jointly cooperate between each other to perform functions which each may individually perform; and WHEREAS, pursuant to the above -cited statutory provisions, the City of Spokane Valley is desirous of entering into an agreement with Spokane County, wherein the County will provide confinement, work crew /work release programs for persons sentenced by a City of Spokane Valley Municipal Court Judge for violating City ordinances and /or State misdemeanor and gross misdemeanor laws and in conjunction therewith are authorized by court order to participate in a confinement, work crew /work release program. NOW, THEREFORE, for and in consideration of the mutual promises hereinafter contained, the PARTIES mutually agree as follows: SECTION NO. 1: SERViCES Under the terms of this Agreement, COUNTY, through the Facility, will provide work confinement and work crew /work release programs to CITY for persons sentenced by any City of Spokane Valley Municipal Court Judge for violating city municipal ordinances and/or State misdemeanor and gross misdemeanor laws and when in conjunction with such sentencing are authorized by court order to participate in a confinement and work crew /work release programs. Housing provided by COUNTY at the Facility for either program shall be the same housing provided by the COUNTY for COUNTY persons participating in such programs at the Facility. Medical care provided by COUNTY to individuals receiving services under this Agreement shall be the same as the medical care provided to COUNTY individuals participating in work crew /work release programs at the Facility. Medical care shall be in accordance with the Correction Center's Policy Numbers 40.50 and 15.01. Provided, however, any and all medical care rendered under the terms of. this Agreement to any individuals participating in the work crew /work release programs at the Facility which are rendered by community healthcare providers outside of the Facility, including but not necessarily limited to physicians and all hospital and clinic costs, shall be the sole responsibility of CITY or participant, not COUNTY. COUNTY shall advise all providers of outside medical care to forward all billings to CITY at the above address. Page 2 of 8 In the event that the Court orders any special services in conjunction with an individual participating in work crew /work release programs under the terms of this Agreement, it is agreed that COUNTY and CITY will renegotiate that fee as set forth in Section No. 3 herein concerning the special services. The terminology "work crew" shall mean a program of partial confinement wherein a person shall be housed at the Facility and while housed at such :Facility shall participate in civic improvement tasks to be performed on public property. The terminology "work release" shall mean a program of partial confinement wherein a person shall be housed at the Facility and while housed at such Facility is employed or engaged as a student in a regular course of school. The PARTIES agree that there is limited space at the Facility. COUNTY reserves the right to screen all individuals CITY requests participate in work crew /work release services. COUNTY reserves the right to refuse to accept any individual if it is determined not in COUNTY'S best interest and/or there is no space available at the Facility. The determination of COUNTY Y in each of the above circumstances shall be final and binding. In instances where COUNTY provides a work crew /work release program under this Agreement, CiTY shall be responsible for providing to COUNTY'S representative a list of City civic improvements, which may be work crew /work release projects. In conjunction with COUNTY providing those services set forth herein, COUNTY shall also provide any and all transportation to and from the Facility and Spokane County Jail which may be necessary in conjunction with COUNTY providing services to CITY under the terms of this Agreement. SECTION NO. 2: TERMJTERMTNATION This Agreement shall commence at 12:01 A.M. on April 1, 2003 and terminate at 12:00 P.M. on December 31, 2004. COUNTY will provide confinement work crew /work release services for CiTY under the terms of this Agreement. Either Party reserves the right to terminate this Agreement for any reason upon thirty (30) days written notice. SECTION NO. 3: PAYMENT CITY will pay COUNTY, for calendar year 2003, $42.25 per day for each person participating in a confinement program, $39.50 per day for each person participating in a work crew program and $35.00 per day for each person participating in a work release Page 3 of 8 program under the terms of this Agreement. Invoices shall include supporting documentation to substantiate charges. For the purpose of this Section, a "day" shall include any period of time within a 24 -hour (day) time frame in which a person participates in a confinement, work crew, or work release program. The first day shall be a billable day and the last day shall not be a billable day. On or before September 1st of each year this Agreement is in effect, the PARTIES shall meet to negotiate a new fee for the subsequent year. Increased fees shall be based on increased costs to COUNTY in providing services hereunder, including, but not limited to, labor costs. SECTION NO. 4: NON - DISCRIMINATION No individual shall be excluded from participation in, denied the benefit of, subjected to discrimination under, or denied employment in the administration of or in connection with this Agreement because of race, color, creed, marital status, familial status, religion, sex, sexual orientation, national origin, Vietnam era or disabled veteran's status, age, or disability. COUNTY and CITY shall comply with all applicable federal, state and local nondiscrimination laws, regulations and policies. SECTION NO. 5: ASSIGNMENT This Agreement may not be assigned or transferred in whole or in part by either party without the express written consent of the other Party. SECTION NO. 6: MODIFICATION No modification or amendment of this Agreement shall be valid until the same is reduced to writing and executed with the same formalities as this present Agreement. SECTION NO. 7: NOTICES All notices or other communications given hereunder shall be deemed given on: (i) the day such notices or other communications are received when sent by personal delivery: or (ii) the third day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to COUNTY at the address set forth below for such party, or at such other address as COUNTY shall from time-to -time designate by notice in writing to the other PARTIES: Page 4 of 8 COUNTY: CITY: SECTION NO. 8: ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the PARTIES. No other understandings, oral or otherwise, regarding the subject matter of. this Agreement shall be deemed to exist or to bind any of the PARTIES hereto. CITY has read and. understands all of this Agreement, and now states that no representation, promise or agreement not expressed in this Agreement has been made to induce CITY to execute the same. SECTION NO. 9: COMPLIANCE WITH LAWS The PARTIES shall comply with all applicable local, state and federal laws in performing their respective obligations under the terns of this Agreement. SECTION NO. 10: WAIVER Spokane County Chief Executive Officer or his/her authorized representative 1116 West Broadway Avenue Spokane, Washington 99260 City of Spokane Valley City Manager or his /her authorized representative Redwood Plaza 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 No officer, employee, agent or otherwise of either party has the power, right or authority to waive any of the conditions or provisions to this Agreement. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. All remedies afforded in this Agreement or at law shall be taken and construed as cumulative, that is, in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions, nor in any way affect the validity of this Agreement or any part hereof, or the right of either party to hereafter enforce each and every such provision. SECTION NO. 11: RECORDS COUNTY shall keep true and accurate records to account for expenses charged CITY under this Agreement. CITY'S authorized representative shall have the right to inspect, at reasonable times and in a reasonable manner, all pertinent COUNTY records and to make copies thereof. Page 5 of 8 SECTION NO. 12: PARTY'S AGENT COUNTY hereby appoints, and CITY hereby accepts the Geiger Corrections Center Director, or his designee, as COUNTY'S liaison for the purpose of administering this Agreement. CITY hereby appoints, and COUNTY hereby accepts, as CITY'S liaison for the purpose of administering this Agreement. SECTION NO. 13: VENUE STIPULATION This Agreement has and shall be construed as having been made and delivered in the State of Washington, and the laws of the State of Washington shall be applicable to its construction and enforcement. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement or any provision hereto shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. SECTION NO. 14: LIABILITY COUNTY shall indemnify, defend and hold harmless CITY, its officers and employees from all claims, demands, or suits in law or equity arising from COUNTY'S negligence or breach or its obligations under the Agreement. COUNTY'S duty to indemnify shall not apply to liability caused by the sole negligence of CITY, its officers and employees. COUNTY'S duty to indemnify for liability arising from the concurrent negligence CITY, its officers and employees and COUNTY, its officers and employees shall apply only to the extent of the negligence of COUNTY, its officers and employees. COUNTY'S duty to indemnify shall survive termination or expiration of the Agreement. COUNTY waives, with respect to CITY only, its immunity under RCW Title 51, Industrial Insurance. SECTION NO. 15: ACQUISITION OF REAL OR PERSONAL PROPERTY All real or personal property acquired by COUNTY with those fees as set forth in Section No. 3 hereinabove shall be and remain and the sole property of COUNTY. This Agreement shall not give any ownership interest in such real personal property to CITY. SECTION NO. 16: HEADINGS The section headings in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to, define, limit or extend the scope or intent of the sections to which they appertain. Page 6 of 8 SECTION NO. 17: AGREEMENT TO BE FILED The PARTIES hereto agree to assume their respective responsibilities as set forth in RCW 39.34.040 to file this Agreement with their respective City Clerk or Spokane County Auditor. SECTION NO. 18: INSURANCE During the term of the Agreement, COUNTY shall maintain in force at its own expense, each insurance noted below: Page 7 of 8 (a) Worker's Compensation Insurance in compliance with RCW 51.12.020, which requires subject employers to provide workers' compensation coverage for all their subject workers and Employer's Liability or Stop Gap Insurance in the amount of $5,000,000; (b) General Liability Insurance on an occurrence basis, with a combined single limit of not less than $10,000,000 each occurrence for bodily injury and property damage. It shall include contractual liability coverage for the indemnity provided under this Agreement; and (c) Automobile Liability Insurance with a combined single limit, or the equivalent of not less than $5,000,000 each accident for bodily injury and property damage, including coverage for owned, hired and non - owned vehicles. (d) Professional Liability Insurance with a combined single limit of not less than $5,000,000 each claim, incident or occurrence. This is to cover damages caused by the error, omission, or negligent acts related to the professional services to be provided under this Agreement. The coverage must remain in effect for two years after the Agreement is completed. There shall be no cancellation, material change reduction of limits or intent not to renew the insurance coverage(s) without 30 days written notice from the County or its insurer(s) to the CITY. As evidence of the insurance coverages required by this Agreement, COUNTY shall furnish acceptable insurance certificates to CITY at the time it returns the signed Agreement. The certificate include applicable policy endorsements, the 30 -day cancellation clause, and the deduction or retention level. If requested, complete copies of insurance policies shall be provided to CITY. COUNTY shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self - insurance. SECTION NO. 19: COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same Agreement. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE, COUNTY, WASHINGTON ATTEST: VICKY M. DALTON CLERK OF TH BOARD BY: Daniela Erickson, Deputy M. KATE MCCASLIN DATED: CITY OF SPOKANE VALLEY: Attest: By: Its: Acting City Clerk (Title) Approved as to form only: Acting City Attorney ii:lValley City\Final Contractslgeigcr interlocal valley 020•103.doc Page 8 of 8 JOHN ROSK-ELL:EY, Chair PHTLLIP D. HARRIS, Vice -Chair MEMO CITY OF SPOKANE VALLEY TO: Council FR: Lee Walton Sub: Travel Policy 11707 Sprague Ave, Spokane Valley WA 99206 Tel: (509) 921 -1000, Fax (509) 921 -1008 e -mail lwalton@spokaaevalley.org Feb 18th The Finance Committee has asked to have the Draft Travel Policy placed on tonight's agenda for discussion and general direction. Will do so and offer the following comments as well. I note that the Draft requires that requires all travel by Council Members must be approved by the Finance Committee instead of the Mayor or Deputy Mayor. This is certainly unusual and could be a bit awkward times when overnight travel is necessary but unexpected. Normally of course, each Member indicates during the budget preparation period what travel they feel is appropriate. This typically includes the various conferences and Organization Boards of which Council Member is a member of. We usually receive a list of these conferences and meeting about September when budget preparations are underway. The Finance Committee reviews these requests and makes recommendations as part of the budget adoption process. Travel specifically authorized in the budget is "pre- approved" and no further authorization should be necessary. In addition, a contingency account is usually set up to accommodate unexpected travel that might become necessary. Typically, authorization to access this account requires the Mayors or Deputy Mayors approval. Alternatively, some cities simply establish a set travel amount for each Council Member with a bit more for the Mayor. I can't remember exactly but think Puyallup allowed $2,000 for Members and $3,000 for the Mayor. They also had a contingency fund but its use required Council approval. Anyway, do what you will, the above are just observations City of Spokane Valley Travel and Reimbursement Policy Finance Committee Documentation to support Ordinance Number 29 adopted on January 28th 2003 Approved: Caunci'member Wilhite COUnQi Munson Oouncil.niember Taylor Dated January 27, 2003 Section 2. Organizations Affected. All departments. 3.3. Travel Authorization. r:dalalclerKves\travel5 A TRAVEL /REIMBURSEMENT EXPENSE POLICY Refer Ord 29 Section 1. Purpose. To the policies and procedures for reimbursement of expenses lawfully incurred by employees while on official City business. Section 3. Policv. 3.1. Entitlement. City Employees are entitled to payment of, or reimbursement for expenditures incurred while on official City business. The maximum amount for meals and lodging shall be as detailed in Section . 3.2. Volunteers and Non -City Employees. Non -city officials and non -city employees are entitled to payment of, or reimbursement for, expenditures only under the following conditions: 3.2.1. Recruiting Costs. The reasonable expenses of candidates for any employment position, excluding elected officials, when such candidates are invited, in writing, to visit the City for a personal interview. Such invitation shall specify the requirement that expenses be documented and turned over to the recruiting official who will prepare the reimbursement claim. Unless otherwise directed by the City Manager, the written invitation for interview and arrangements for transportation and lodging will be made by the Human Resources Department. 3.2.2. Official City Business. Authorization by the City Manager, or his designee, will be included with the payment request which identifies the name(s) of the individual(s), their official title or capacity as it relates to City business, the nature of the topic(s) discussed, and the reason why the expenditure be provided that the individual is not being reimbursed by the other local government for the meal or travel expenditures. 3.3.1. Non- Elected Officers and Employees. The City Manager or designee, must provide prior authorization for overnight travel outside the City. For travel within or without the City that does not include an overnight stay, the City Manager or designee will approve the travel authorization through the payment or reimbursement request. 2 3.3.2. City Manager. The Mayor and one member of the Council must provide prior written authorization for overnight travel outside the City, as well _ as approval for non - overnight travel through the payment or reimbursement request. 3.3.3. Elected Officials. The Finance Committee must approve by written authorization for overnight travel of elected officials of the City. For non - overnight travel, the same approvals are required through the payment or reimbursement request. 3.4. Use of City Credit Cards. Use of City Credit Cards for travel is authorized via the Credit Card policies and procedures. Refer to Ordinance No. as it currently exists and as may be amended in the future. 3.5. Use of Personal Vehicle. 3.5.1. Reimbursement. Expenses for the use of personally owned vehicles of employees or officers of the City in the course of the business of the City, shall be reimbursed at the U.S. Government (I.R.S.) rate adjusted no more than once per year ($0 .345 rate per mile) However, employees /officers are encouraged to use City vehicles whenever possible. If an employee or officer uses his /her personal vehicle, the employee /officer must carry liability insurance on the personal vehicle used on City business. 3.5.2. Airfare Comparison. If the employee /officer elects to use his/her own vehicle and air transportation is less than the mileage reimbursement, the City will pay the lesser amount. The election is subject to the approval by the City Manager or Finance Committee. 3.5.3. Employee Passenger(s). Should more than one employee travel in the same vehicle, only the employee owning the vehicle shall be entitled to reimbursement for transportation. 3.6. Prepayment of Travel Expenses. The types of travel expenses subject to prepayment are registration fees, airline tickets and certain lodging where the cost is part of the registration package. An approved travel authorization form must be included with the payment request. 3.7. Direct Billing to the City. Direct billing to the City for expenses such as meals and lodging is prohibited unless authorized by the City Manager. Direct billings often lack adequate audit information; therefore, a full explanation and itemization of expenses is required. 3.8. Non - Reimbursement or Prohibition of Travel Expense. Unauthorized travel expenses include, but are not limited to, the following items, and no reimbursement will be allowed for the following: f:datatlerk1resltravel5 f:dataklerklresllravel5 Liquor Expense of a spouse or other persons not authorized to receive reimbursement under this policy Personal entertainment Theft, loss or damage to personal property Barber or beauty parlor Airline or other trip insurance Personal postage Reading material Personal telephone calls Personal toilet articles Valet or laundry service If prohibited expenses are charged to the City, they must be immediately reimbursed. 3.9. Maximum Allowable Expense. 3.9.1. Meal Allowance. The maximum meal reimbursement will be at the rates listed below regardless of manner of payment (expense reimbursement, City credit card, etc.). The daily maximum meal allowance may be used when on City business in the Spokane area for the entire day (before 7:30 a.m. and after 5:30 p.m.) The daily maximum reimbursement for meals, excluding tax and gratuity, is $42.00 with no maximum for each meal. Receipts are required. There will be no per diem. For individual meals (less than an entire day allowed), the maximum reimbursement per meal, excluding tax and gratuity, is: MEALS Breakfast $ 10.00 Lunch 13.00 Dinner 19.00 Daily Maximum 42.00 (Exceptions noted in 3.9.3) 3.9.2. Lodging Allowance. The maximum lodging allowance is reasonable and necessary based on the City business. 3.9.3. Conference /Meetinq /Seminar Rate. 3.9.3.1. Meals. Where a meal is included in a registration package, an appropriate deduction is to be made from the daily maximum allowed for meals. 4 Where meals are included in a seminar or meeting with a set price menu (no choice under the City allowance), sponsored by an organization in which the City has membership, then the meal is not limited to the maximum when approved by the City Manager. 3.9.3.2. Lodging. For meetings or seminars hosted by an organization for which the City pays membership dues, lodging shall be limited to the amounts that are reasonable and necessary based on the government or conference rate offered by the host hotel(s); when an extra day's stay would significantly reduce airfare beyond the extra day's hotel and meals, the City Manager may allow that extra day's expense. Where approved by the City Manager, the same standard will be consistently applied for the travel of officers and employees of the City. 3.10. Travel Advances. An employee who is authorized to travel may, at his/her discretion, request a travel expense advance. 3.10.1. Request. Travel advances shall be requested and approved at least two (2) days prior to departure. The Treasurer will issue advance travel checks which may be cashed at the bank with the City's banking account at no charge. 3.10.2. Reporting. Travel advances shall be accounted for and /or repaid within ten (10) working days following the completion of travel, and failure to do so will render any officer or employee receiving such advance, personally liable for the full unpaid amount, plus interest at the rate of 10% per annum until repaid. 3.10.3. Delinquency. No advance shall be made to any officer or employee who is delinquent in accounting for or repaying a prior advance. Under no circumstances will any advance be considered a personal loan to any officer or employee and any unauthorized expenditure of any such advance shall be deemed a misappropriation of public funds. f: da taldo rtdresltrave I5 5 Section 4. Definitions. 4.1. Allowable Travel Expense (Allowable Expenditures). Allowable travel expense (allowable expenditures) shall mean expenses for transportation, lodging, meals and other related expenditures, including reasonable tips not to exceed 15 %, which may be lawfully incurred by officers . and employees of the City. 4.2. Lawfully Incurred. Lawfully incurred means expenses within the categories set forth above which are actually incurred while attending to business of the City and shall, whenever practical, be supported by bills, statements, or other evidence of such expenditures issued by the party furnishing such lodging, meals, transportation or other goods or services and attached to the claim voucher submitted by any such officer or employee. 4.3. Official City Business. Official City business shall include officially assigned duties, travel for approved public purposes, meetings concerning City business, training and educational seminars, attendance at conferences and other sessions involving municipal affairs and other activities concerning the business of the City. Official City business does not include promotional activities. 4.4. Travel Advance. Travel advance shall mean an advance of a reasonable amount of funds, made under appropriate rules and regulations prescribed by the State Auditors Office, solely for the purpose of paying anticipated, reimbursable expenses -to be incurred by the employee in the course of authorized travel on City business. Section 5. Procedures. 5.1. Approval. The employee /officer requesting approval to travel overnight shall complete the Overnight Travel Authorization form and submit it to either the Department Director, City Manager, or Finance Committee as required by Section 3.3. If the employee /officer requests a travel advance, it shall be so indicated on the form and in the amount requested. 5.2. Travel Expense Reimbursement Report. Within ten (10) working days of completing the travel, the employee /officer shall complete the Travel Report and submit it to the Finance Department enclosing any amounts due the City or indicating the amount due the employee /officer. The actual amounts expended shall be written on the form and receipts attached. Reimbursements will not be made unless accompanied by a receipt. The audit officer may approve a one time allowance. F data'derktresltravel5 6 5.3. Credit Card. The procedures for use of City Credit Cards are found in the Credit Card policies and procedures, Ordinance No. , as currently exists and as may be amended in the future. 5.4 Cancellation. It is the responsibility of any person engaged in official City business to adhere to all cancellation deadlines when canceling conferences, seminars, regional meetings, hotel and airfare, or any other advanced payment or obligation made on behalf of the employee. Except in the case of a personal or family emergency, all expenses incurred by the City resulting from failure to conform to cancellation deadlines shall be the responsibility of the employee or Councilmember. In the event of cancellation, any money advanced shall be returned to the City' by the next business day. A payroll deduction authorization is now included .on the travel report. Fdatalcterk\resltravel5 7 City of Spokane Valley 11707 East Sprague Ave Spokane, Wa 99206 (509) 921 - 1000Fax (509) 921 -1008 REQUEST FOR REIMBURSEMENT PAGE 1 NAME DEPARMENT CITY RELATED PURPOSE FOR EXPENDITURE: DATE OF REQUEST DATES OF TRAVEL TOTAL MEALS $ BUDGET ACCOUNT NO. TOTALACCOMODATIONS $ BUDGET ACCOUNT NO. TOTAL TRANSPORTATION $ BUDGET ACCOUNT NO. TOTAL MISCELLANEOUS $ BUDGET ACGOUNT NO. TOTAL REIMBURSEMENTS $ I, the undersigned applicant, do hereby certify under penalty of perjury, the information contained in the foregoing claim for relinbursement of expenses is true and correct. Furthermore, the expenses were incurred by me in the performance of the scope of my duties as an employee or official of the City of Spokane Valley have not been paid or reimbursed for any of the . . .listed expenses. SIGNATURE OF APPUCANT DATE AUTHOFRIZAl'IOIJ • • • I, the undersigned do certify under penalty, the claim is a Just, due and unpaid obligation against the City of Spokane Valley,' am authorized to certify the claim. CITY MANAGER /MAYOR DATE PLEASE COMPLETE DETAIL ON BACK OIr PORE:. FINANCE FORM 04 PAGE 1 REQUEST FOR REIMBURSEMENT DETAIL PAGE 2 DATE BREAKFAST TTOTALS HOTEL TRANSPORTATION_ DATE TO FROM MILES @ 31 .5 TOTAL MILEAGE TOTALS TOTALS FINANCE FORM 04 DETAIL RECEIPTS ARE REQUIRED, INCLUDING COPY OF HOTEL/LODGING BILL. PAGE i Pledged Revenues at 3% Growth sin millions 60 50 45 50 40 35 40 30 30 25 20 20 15 10 — — — — — — — — — — — — — — — — 10 2003 2005 2007 2009 2011 2013 2015 2017 2019 2021 2023 2025 2027 20211 2031 2033 0.1 % Sales/Use Tax (Pledged to Arena Bonds) 2% Ulotel/Motel Tat Extension ! 2% Hotel/Motel Tat (Pledged to Arena Bonds) t10033%State Tat Re hair • Existing 0.1% salesfuse tax and 2% hotel /motel tax pledged to Arena bonds until 2017 •0.1% sales/use tax and 2% hotel/motel tax extension pledged to Regional Project bonds . 0.1% sales/use tax and 2% hotel/motel tax expire upon retirement of bonds •0.033% State sales,'use tax credit expires in 2027 0=0.1% Sales/Use Tax Extension — Pledged Revenues at 5.6% G rows th 404,21, s MEMO CITY OF SPOKANE VALLEY 11707 Sprague Ave. Spokane Valley WA 992061 Tcl: (509) 921 -1000, Fax (509) 921 -11X)8 e-mail Iwalton org TO: Council FR: Lee W SUB: Newsletter for Feb 18th Meeting Collection Svstem To bring Council up to date regarding Dicks conversations with the county regarding sewer issues I am enclosing his letter emphasizing our desire that they proceeded with the next phase of the collection system construction and that it must include the curb to curb overlay. Also, should know that our respective technical staffs will be meeting in a couple of weeks to undertake a complete review of the various studies and conclusions. Hopefully, out of that meeting, the City will be better prepared to make a decision and commitment regarding wastewater treatment. Community Hall As you know, the County kindly deferred a decision on renting the Opportunity Community Hall, thus allowing the City to make that decision. We have been contacted by the parties interested in this property as to whether the City is prepared to deal with that issue. I have advised them that since the City won't take title until sometime after April 1 that it is unlikely that the Council will address this matter in thc near future. 1 suppose this means some nominal loss of rent revenue but that's my story unless I hear otherwise. Meanwhile I will ask Bill H to get us some information and alternatives for its best use. If you decide to go the Historical Museum route, I suspect there may be some initial subsidy required to get it going. Work Study Washington, via a Federal program, sponsors a '`Work - Study" program involving most Universities and Community Colleges in thc State including all of those located in Spokane County. In essence, if we agree to hire students enrolled in a legitimate educational program we will be reimbursed for 67% of wages paid. Basic stipulations are that they not be used to replace regular employees and that it be a legitimate learning experience related to their area of interest. We anticipate using them for summer recreational programs and perhaps as Engineering or Planning Assistants. Council has since approved by consensus so the papers have been filed Staffing (Written before Dons presentation last Thursday night). 1 know you are a bit tired of my comparing SV to other contract cities in Washington but this is one of my reference points to ensure we keep our staffing under control. Don Morrison is posting our progress on this and has developed the attached chart comparing the number of employees for the various positions. I think we gave you an earlier version but now he has added Lakewood and Shoreline which are more comparable to SV in population and general character. What 1 find interesting is that the average number of employees per 1000 population (without Federal Way and Liberty Lake) is 1.81. For SV to equal this average we would need to have about 150 employees, so I think we are doing all right so far. We are at 28 authorized positions now and realistically, we (you) are probably looking at another 10 or 12 between now and December 31. Based on these comparisons, and the Incorporation study, this target seems pretty reasonable. Indecision is the key to flexibility SB 5654 I got a call today from our friendly WAC lobbyist in Olympia regarding a "fire annexation" bill that has suddenly shown up, obviously aimed at SV. I'll try to get to it soon and have a recommendation but feel free to give me your read also. Friday, Talked with Mark Grover and indeed they are the authors of the Bill. 11 is designed to allow the City an option to annex to more than one Fire District which makes sense 1 guess. Plannine Review As a follow up to the very excellent Stan Schwartz/Cary Driskill memo regarding the planning process, Jim Harris has provided the attached overview of Comp Plan and Zoning issues. Taken together this material provides a very good foundation for the upcoming public hearings and discussions on these sensitive topics. Also, if contacted by constituents who are unhappy with the current County Plan, 1 see no reason that you could not provide them with a copy of these memos. This would be a good way to avoid getting into any in depth discussion which might cause a problem later on. Loan Contest We received about 150 entries but only about 70 -80 from students. This is unfortunate but we will get by. The committee met initially on Friday and screened the number down to a manageable number for Council review. I have selected a local commercial artist, Linda Brauchct, to come up with two or three additional variations that can be presented to Council along with those chosen by the committee. She will be prepared to take your final selection and modify it a bit if necessary. The committee will also select some Honorable mentions from the student group. All entries will receive a letter of appreciation and Mike will visit a couple of the classrooms that participated. When the Council room is completed we will have them all displayed on the walls (As part of the incorporation celebration) so the kids and others can come in and brag a bit. Note, would appreciate it if we could keep the selection under wraps so we could present it to the public on March 31 in the form of a logo on police cars and lapel pins. Joyce Cameron, one of our ' judges" believes that we should expand the process by inviting other commercial artists to contribute. 1 don't think we have time to do this and still have it ready next month so unless /get different direction 1 will try to stay on schedule_ NostalMia Just isn't what it used to be! Emergency Management AWC has announced that a morning workshop for elected officials will be held in Airway Heights on March 20 (Thursday) 9- 12:30. For those of you who might have the time 1 suggest it would be time well spent. This will be a subject thc new City Manager /Chief of Police will be addressing in more detail over time but this would be a good introduction. Council/Commission meeting The County is pushing for a joint meeting date. I suspect they want to talk about sewer issues. If I don't hear otherwise, I will suggest Monday March 17 or if they think that is too far out perhaps March 10. By then we should have some preliminary answers on the sewers and be ready. 911 Advisory Board The Sheriff is looking for a Valley "lay" member for appointment to thc 911 Advisory Boards. This group consists of some police and fire representatives plus a few "general purpose" citizen types. This appointment doesn't require someone with a police or technical background and suggest it would not be a productive use of time for an Council Member. ATTACHMENTS i. Letter To: J Rawls ii. Memo Fr: Ruth M Re: Clerical Support iii. Memo Fr Bill 11 Re: Re Parks items iv. Memo Fr Mikc 1) Re Legislative Planks � — v. Memo Re: E- meetings vi. Info Re: Work Study vii. Chart Re: Comparison of staffing viii. Memo Re: e- meetings ix. Memo Fr: Jim 11 Re: Comp Plan x. Mcmo Fr Jim H Re: Subdivision & Shoreline Ords xi. Memo Fr Bill H Re: Software xii. Flyer Fr: AWC Re: Legislative Priorities xiii. Minutes Fr: WCIA xiv. Flyer Fr: AWC Re: Emergency Mgt for elected officials xv. Memo To : Stan S Re: Cell Phone question MEMO CITY OF SPOKANE VALLEY 11707 S >ragoe Ave, pakarte V @llny WA 9920 TI; (509) 92 I -I 000, Fax (509) 921- 1 008 -nail I wo ltan r{ spokamva]ley,org TO: Council FR: Lee '4 Sub: 'Notes & Adjustments to the Feb 18 Study Session 'In the way of a heads up for Tuesday night! Municipal Court- Judge Peterson's presentation will precede the introduction of the contract for Municipal Court services. This would be a good time to discuss with the drudge, his view regarding the expanding use of GIS technology for ]some confinement as an alternative to incarceration. Jury Management, Since it is ready and Judge Peterson is here to explain, J will add this Interlocal agreement to the Study agenda, hi my earlier. life, Jury Management was included in the Municipal Court agreement. Tt appears that the separation is because .management of Municipal Court juries in pok:ane County are a tiro tiion of the Superior Court. Whatever The cost is undetermined and the will he responsible to reimburse the Superior court for alt actual costs so there really isn't anything to negotiate, Law Enforcement Contract- We anticipated being able to review a "finalized " Law Enforcement agreement for police services at this meeting_ Indeed, this work is essentially complete to the satisfaction of the City and County "teams" conducting the negotiations. however, we understand that the final agreement has not yet been blessed by the County Commission so it seems prudent to table this item until further notice. Jail & Geiger Facility Contract- the Geiger agreement is finished and can be presented for your preliminary review. However, the companion agreement for jail services is still pending so it might be better to postpone this agreement to consider with the regular jail contract, :Law Enforcement Ordinances_- There are a broad array of ordinances involving Traffic and Criminal Codes as well as Paring, Infractions, Nuisance, Animal Control, which Z had hoped to introduce with the Court Contract At this point, Civionday) it' s' not likely they will be ready so vrwilI these over to March 4 along with the Police and Jail agreements, Road Agreements- Since we don't have a Police agreement to peruse tomorrow, T am taking the liberty of serving up a Roads contract instead. (lets stay flexible) I received this Agreement on Monday and at first glance it looks pretty good. Since :Dick has been working closely with County staff on this, 1 think he will be prepared -to brief Council tomorrow night. Building Services Transition.- I also have also received an agreement providing and allowing the County to follow through on building inspections for permits issues prior to March 31. This is appropriate since a mid- stream transition would be awkward. If the meeting is not running too late 1 may suggest we review this agreement to save time later. on. However, I must say that this County proposal is a bit disingenuous since they are not proposing to do likewise with unfinished Planning projects. Rather, they are proposing to "durnp" all incomplete planning issues in our lap on April 1. (No, apparently it's not just an April fool prank) The reason of course is that building inspection is a profit center while County planning fees only cover about one half of the actual cost. It's not that we can't handle the work but this decision is a disservice to the "clients" involved and certainly represents a lack of cooperation. Second Band Dealers- Probably post pone to March 4 Tax Anticipation Note- No problem here. This is a quick overview of the agreement that will, in effect, establish a line of credit with the Bank in case we run in to a cash flow problem during this first year. MEMO CI-r Y OF SPOKANE VALLEY 11707 Spraguc Ave, Spokane Valley WA 99206 Tel: (509) 921 -1000, Fax (509) 921 -I008 e - mai I Iwalton©spokanevalley_org TO: Council FR: Lee W Sub: Newsletter (supplement) for Feb 18t Public Facilities District The SPIED will be making a presentation at the meeting tomorrow..) understand there is some concern that if the City doesn't buy in to the latest proposal for financing the bonds that the County and SPFD might accuse the City of. "blocking" the project. After listening to Mike F and Rich express these concerns, it occurs to me that this may not be a correct assumption and indeed the best solution may be to let the County keep Mirabeau and build the promised facilities. Mirabeau was originally a County project when the 2% motel tax was voted and there really is no reason why that arrangement needs to be changed. If built as originally conceived we could simply agree to rent the Senior Center portion from the County until the bonds are paid off at which time they (or the PFD) could if they wish transfer title and responsibility to the City. This way, the City would not be involved with the financing and would not be responsible for any part of a default. In other words, I don't see that City participation is necessary or even desirable. This should make the task of putting a deal together easier and the bonds easier to sell.. City Entry. A bit later in the year I suggest the Council consider acquiring about 500 sq ft. at the "tip" of property where Apple Way branches away'from Sprague. This would be an excellent place to locate a "spectacular" City entry sign together with appropriate landscaping. This site could easily accommodate a 6 x 10 carved wood sign set in a masonry frame. The sign could incorporate the City Logo and perhaps a short motto or "inspiring" slogan. Anyway, the next time you are driving east on Sprague from the Freeway crossing check out the spot and envision how an large entryway arrangement would fit. Remodeling — Construction on the various remodeling projects are moving ahead and pretty much on schedule, (I'm knocking on wood) Both the Permit area and Council Chamber area should be finished by the end of the month. One "small" problem has been the discovery of asbestos in the Council Chamber Carpet. This just means they need to do a clean up (at the owners expense) before installing new carpeting. To accommodate this work and speed up construction of the Chamber, we (with Mayors approval) will move Council meetings into the space across the hall that will later become Council and Recreation offices. We will do this on Wednesday so we will only be there for the meetings of Feb 18 and 25 We should be back in the new chamber for the meeting of March 4.