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2008, 09-02 Study Session AGEi'v C3A Cl`T"Y OT SPOKANE 1►w'AI.IYN' C[7YCOUNC1L WORKS1I1:I:A° S'I'1lDY SESSIO"+," Tuesdav, Sepirmbc t' 2, 20EI8 {0I11 p.m, CM'RALL ~OU!vcri, cTL~~~~RS 11707 FA*t Spr~g-ne Avenue, Fir.-it H'4not' (f'ksAse Silencc Ynsir CeMl PhcEnes Durin the Mcetin ) _ 1?I~C1J~S10N i_L-AP'~~.R S[°1VTFt'T,tAC7'1v!-rS`' GML- A+C"'~'f ON 1TE'+P! ; j_stLvCWedC`i - .~..f[~_ REGl?taAR -';~TUF)1` SESSTCIN ITEN1`,: - - ' Ta~~~,s _ ~c1~n~4dtit~,r~e~;~~c~oTanid ~,~,~b.~:.,~ „o~~; ~t;~~ . . 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PPt'uc contac; I ' iL ~'i' ;It!i rr.,,e~7~mr..i_, ;-mr, CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 2, 2008 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business 0 new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration - Approval of Barker Road Bridge Washington Department of Fish & Wildlife Mitigation Agreement PREVIOUS COUNCIL ACTION TAKEN: Approval of 2005-2010 Six Year Transportation Improvement Plan, which includes the Barker Road Bridge project, 2) Approval of a LoGal Agency Agreement and Project Prospectus with WSDOT, 3) Approval of Consultant Services Agreement for Type, Size and Location Study and Final Design Services, 4) Approval of DNR easement agreement at the April 22, 2008 Meeting, 5) Info Memo on Mitigation Agreement in August 26, 2008 Council packet. BACKGROUND: The City of Spokane Valley received a Federal Bridge Replacement grant for replacement of the Barker Road Bridge over the Spokane River. The total budget for this project is approximately $10,958,500, which includes City-funded improvements (aesthetic treatments) and reimbursements by affected utility companies. Provisions in the Washington Department of Fish and Wildlife (WDFW) Hydraulic Project Approval (HPA) permit allow work within the Spokane River between June 15 and August 31. ~ However, demolition and replacement of the bridge will require work outside of those dates. The HPA allows this with mitigation for impacts to fish life. Mitigation was anticipated during the design and development of the project budget. Staff has worked with the WDFW and Spokane County Conservation District (SCCD) to draft the attached agreement. The final terms of the agreement and mitigation fee are still being negotiated, thus minor revisions may still be required. Since work within the river cannot begin until this agreement is signed, staff would like to this agreement finalized and executed as soon as possible so as not to delay the project nor increase the cost. OPTIONS: 1) Authorize the City Manager to finalize and execute the Barker Road Bridge Mitigation Agreement, or 2) provide additional direction to staff. RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager or designee to finalize and execute the Barker Road Bridge Mitigation Agreement. BUDGET/FINANCIAL IMPACTS: There are sufficient funds in the Barker Road Bridge project budget to cover the mitigation fee proposed in the agreement. These mitigation costs are eligible for reimbursement from the federal Bridge Replacement grant. STAFF CONTACT: Steve Worley, Senior Capital Projects Engineer Neil Kersten, Public Works Direc#or " ATTACHMENTS 1) Draft WDFW / SCCD Mitigation Agreement; 2) Draft Mitigation Assessment Memo Agreemcnt FOR - SPOKANE R1VFR AQUATIC iMl'AC r MTTIGATION FOR T114E BARKER 1tOAi) I3RIDGE RFPLACEMENT PRQJEi Cr TH1S Agreement, made and entercd into t11is day of , 2008, by and behween the CITY UF SPOK.AINTE VALI.rY, having offiaes for the transaction of busincss at 11707 E Sprague Avenue, Suite 106, Spokane VaIley, VJashington, 99206, hereafter referred to as the "CITY" and the SPOKANE COiJr TY COrjST'RVATION laIS7'RICT, having offices for the transaetion of business at 210 North Havana Street, Spokane, Washinaton, 99202, and hereafler referred to as the "CONSERVATI0\j D1STRICT" ancl the WASMINGTON STATE DF..PARTME\'T OF FISH AND R'TLDLLFE, havinj offices for the t:ransaction of business at 2315 North Discovery P, Spokane Valley, Washingtan, 99216, and hereaft-er referred to as "FISH AND W1L,DLITF", jointly referred to as "PAItTIES". R°ITNESSETH WHEREAS, the CITY has the care of funds and business; and WHEREAS, pursuant to the provisions of RCW Se.ction 77.55.100, F1Sf•1 AND WII:DJ,I:FF has autharity to set eonditions on hydraulic projeet approvals in orcier io protect fish life; and WHEREAS, the CTTY has and is proposing to perform construction activities in tlle Spokane River, invohring activities which FISH AND WILDLIFE has determined will produce and have produced adverse impacts to aquatic habiCat, will require compensatory mitigation as a condiCion oi' a hydraulic projecl approval; • and WI4EItEAS, the CONSERVATION DISTRICT has the necessary personnel, facilicies, equipment, technical knowle,dge and experience to implement aquatic and riparian habitat resloration activities meeting the requirements set forth by RCW 77.55.290; and WHEREAS, the CITY dcsires to contract with the CO\jSERVA'I'ION UISTRiCT to perform the compensaCOry mitigation required by F lSH AND W.[LDI,TFE rclstive to the conslruction aciivities associatecl with the replaceme»t of the k3arker Road 13ridgc; and NOW, "fHFRET'OItE, for and in consicieraCion of the mutual promises set forth hereinafi:er, the 1'ARTTFS hereto do mutually agree as follows: Section T Payment The CITY aDrees to make one lump-sum in•lieu fee payment of $XX,XXX to the CONISERVATION laIS1'RICT. It is understoad by the PAf'ZTIES that this constitutes full and final payment for scrvices rendered under this Agreement. This money is to be usecf by the CONSERVATiO\i D1S'C'lt1CT solely to cnhance riparian ancUor aquatic habitat in a maimer consistent with RCW 77.55.290 witliin the Spokane River Watershed and wilhin the City nf Spokane Valley, The CI`CY will provide a copy of the payment voucher to PISII AND W[LDLIFE to documeiit the transfer of funds. NVDFW Mitigation Agreement Page 1 of 5 F1SH AND WILDLIFE shall recognize this payment as effective compensatory mitigation for the j negative impacts to aquatic habitat that have oecurred to date and are expected from the work that will occur under the CITY's Hydraulic Froject Approval for the Replacement of the Bazker Road Bridge ovcr the Spokane River. Section II Assignment ancl Authorization of Work The clauses and general provisinns in che Agreement wiU be incorporated by reference in[o the titsk assignment of work issued to the CONSERVATION DISTRICT by the CTTY. 7'he CONSERVATION DISTRICT agrees to accert and perform this task under ehe conditions of this Agreement. The CITY's Task Document (Aelachment A) vvill be issued in writing by the CITY, assigning the task to the CONSERVATION DISTRICT. FISH ANF17 WIL,I7LIFE reserve the right to revieNv project proposals crcated by the CONSEfZVA 110N DISTRICT that intend to use the mitigation payment pravided by the CIT'Y. Prior to spending thc C1.TY mitigation payment, the CONSERVAlION DISTIZICT shAll furiiish F1S1-I AN17 W1LDL1F`E with a copy of the plans and contracts for an appropeiate project. The CONSERVATIO\T DISTRICT shall not begin work on a projecC intending ta use the CI1'Y s mitigation pa}~nent without written approval of the project by FISI-I AND WILDLIFE. Sectiun III Scope of Work The CQNSERVATI0N DIS"I'RICT'S services may include but are not limited to the following: 1. Provide qualified personnel capable of'creatitig and executino aquatie resource managemeilt projects. 2. Conduct resource evaluations and other operalions reqtiired to identify potential mitigation sites. 3. Obtain pcrmissions from or contracts with affectecl properl:y owners as necessary. 4. Create detailed plans ofthe project proposal to be circulated to r1SH A\D WILDI,T.PF. 5. Construct or cause to be constructed a riparian and/or aquatic habitat enhancement peoject as required by the CITY and F1SH AND WII.IaLIFE. 6. Conduct maintenAnce conforming to thc standarcls set forth by FISH AINll 1'JILDLIFE. Section TV Tnspection of Work FISH ANIa WI.Lni,irE will at aU times bc accorded by the CONSERVA'I"ION DISTRICT proper facilities for review and inspection of die work hereundcr and will at all times have access to the peemises, and to all data, notes, records, correspondence, instructions, and rnemoranda of every description pertaining to the wqrk hereu»der. W17F W Mitigation Agreement Page 2 of 5 Section V 1VIaintenance af Rccords Ttic CONSERVATIO\' DISTRICT shall make available to the CITY or the Washingcon State Auditor; or their duly autihorized repre_sentatives, at any time during their nonnal operating hours, all records, boflks, or pertinent information which the CONSER.VATION D1S`IIZICT shall have kept in conjunetion with this Agreement, and which the CTTY may be required by law to mal:e part of its auditing procedures. Sectio» VI Relationships of Parties 't'he PARTIL-S intend that the rclationship createct by the Agreernent will be structurecl to provide an in- lieu fee payment for compensatory mitigation. The CITY is interested only in satisfying the compensatory mitigation being required by FISl-I ANi7 V1rL[ T)1.:Tri: for the replacement of thc 13arker Road bridge. FISH ANL7 VJILDL:TTE is interested only ir1 the protection of fish and wildlife habitat, ar►d that aclverse impacts to waier quality be compensated for by means of improvements to the affeeted riparian and /or aquatic habitat. The CONSFRVATION ll1STR1CT is interested only in providina natural resource preservation ancl enharncement services throuDhout Spokane Caunty. No agcnt, employee, cont:ractor, servant, or o[herwise working for the CITY, CUNSEf'ZVA170N DISTRICT, or FIS1-i AND VJILDLIFE shall be cteemcd to be entitled to any of the benefts provided by the other PARTIES involved in this Agreement. 7'he CONSERVATIQ\ D1S'I12ICT will be solely and entirely responsible for its acts and the acts of its agents, employees, servants, cantractors, or odierwise, during che performance of this Agreement Section VII Indemnifieation The CONSERVATION DIS'I°It1CT agrees to indemnify and defend the CITY ancl FISH ANTa WILDLI.FE fram any loss, cost or expensc claimed by outside parties for propcrty damape and bodily injury, inclutling death, cAUSed snlely by its own negligence or willfitl misconduct of the CONSERVATIOIN T)ISTRICT, its employees, vr agents in connection with the services to be prcformed by the CONSERVATiON DISTRICT under the terms of this conh•act. 1'he CfTY agrces to indemnify and defend the CO\iSF,RVATION DT.STRTCT ancl FISH ANiD NVILDLIFE from 3ny loss, cost or expense claimed by Qutside parties for property dtima};e ancl bociil_y injury, including death, causecl solely by the negligence or willful misconduct of the C11'Y, its employees, or aaents in connection with the obligations of the CITY under the terms of lhis contract. FISEI AND NVILDL1Fr agrees to indemnify and defend the Cl°I°'Y and the CONSERVATIOI~' IaISTR1C'r frdm any loss, cost or expense claimed by outside parties for property damage and bodily injury, including death, caused solely by its own neglige.nce or willful misconduct of FISH AND WII.pLIFE, its employees, or aaents in connection with the obligations of FISH t1ND W1LDJ,iFE under the teniis of this contract. Each of the PARTIES agrees to indemnify the other PA.RT7ES for any loss, cost or expense claimed by outside parties for property damage and bodily injury, includinc, death; to the extent of the PARTY's own negligence or willfiul misconduct, or that of the PARTY's employees or agents in connection with the obligations under t}Ie tenns of lhis corntract. ln the case of joinl negligenec or willful inisconduct by any or all of the PARTI.rS, then the amount of indemnity shall be in direct proportion to ihc negligence or willful misconduct _ attributable, to each individual PAI2"C'Y. WD}"W Mitigation Agreement F'age 3 of 5 Section VIQ Non-Discriminadnn Tlie !'ARTIES hereto specifically agree that no person shall, on the grounds of race, creed; cnlor, sex, or national origin, be excludecl from full employment rights and participation in, or be denied the benefits of, or be otherwise subject to, discrimination under any program, service or activity, for Nvhich the CO\'SERVA"1`ION DISTRICT has reccived or will receive payment under the provisions of this Agreement. Section TX Obligations to Outsitle Parties No Agreement behveen the CONSERVAT[pN DISTRICT and iis eonsulkants and/or contractors shall create any obligation of liability far the CI1'Y or F1SH A.ND WILDL[FE with regard to this Ageement without the specific writtcn consent of thc affected party and natwithstanding its concwrence in, Ar approval of, the award of any agreement or sub agreement or the solicitations thereof. The COl\TSERVATION DISTRICT hereby agrees to include this provision in all agreements it enters into fAr the employment of any individuals, procurement of any materials, or the perfarcnance of any work to be accomplished under this Agreement. Section X No VVaiver of Rights Thc CITY and FISI-[ AND V14'ILDLIFE shall not be precluded or estopped by any meiisurement, e•stimate, or certifiaate made either before or after the completion and/or aeceptance of the work and payment therefore from showing the true amount and charaeter oF the wnrk perfnrnled and materials furnished, or froin showin; thac any such measuremcnt, estimatc, or certificate is untrue or incorrecdy made, or that the work ar ~ materials does not conform in fact to the contract. The CITY shall not be precluded or estoppecf, notwithstandingany such measurement, estimate, or certificate, and payment in accordance therewith, from recovering from the CONSERVATION DISTRICT and its sureties, if any, such damage as the CITY may sustain by reason of the CONSERVr'1TI0iN D1S 1 RlC`I'' S failure to eomply with the terms of Chis Agreement. A waiver of any breach nf the Agreement, agreed to by all PARTIES, shall not be held as awaiver oF any othcr or subsequent breach. Section \I Amendinents The Agreement may bc amendcd by a wricten supplemental Agreement. The supplemental Agreements shall be <<greed upnn by the PARTIES in writing prior to undert3king any work affected by the revisiqn. The subscquent changes to the Task Taqcumcnt madc necessary by the supplemental Agreement shall be matle in writing tind signed by the YA1ZTIES. Section XII Notices _ All notices called for or provided for in this Agreement shall be in wTiting and inust bc served on an}' of the PARTIES either personally of by certified mail, return receipt requested, sent to the PARTIES at their respective addresses hereinabove given. Notices sent by certified mail shall be deemed served when depositcd in the United States mail, postaae prepaid. NVDFW Mitigatinn Agreement Page 4 of 5 Sechon Xl7i fieadings 1'he section headings in the Agreement have been inserted solely foe the purpose of convenience and ' reaciy refierence. In no way do they purporC to, and sha11 not be deemed to, definc, limit, or ertend the scope or intent of the sections to which the}' pertain. Se.ction XIV Administrators The Cl1"Y'S administrator for the terms of this Agreement is David Mereier. The administrilor for the CONSFRVAI'lON I7ISTRICI' for the terms of t,his Agreement is Rich Baden. "I'he aclministrator for F1SH AND W1L17JI FE for the terms of this Agreement is Kevin R.obinette. Sectinn XV Venue Stipulation This Agreement has and shall be construed as having been made and dclivered in the StaCe of Washington, and the laws of the State of Washingtpn shall be applicable to its construction. Fnforcement of this Agreement, or any provision hereto, shall be institutecl only in courts of campetcnt jurisdiction within Spokane Counry; Washington. Section XVI All Writings Cont~tined Werein This Agreement contains all the terms and eonditions agreed upon by t:hc PARTIE.S. io other understandings, oral or otherwise, regarding khe suUject matter of Xhis Agreement shall be dcemed ta exist or tn bind any of the PARTIES hereto. The CONSERVATI.ON DISTRIC"1' has read and understands all of this . Agreement, and now state:S that no representation, promise, or agreement not expressed in the Agreement has been made to incfuce the CONISFRVATION llISTRiCT to execute the same. IN W1TNI:SS WI-ERE OF, the PARTI.E.S have caused this Agreement to be executed on the date and year set forth hereinabove. CJTY Or SPOKANE VALI.,FY David Mercier - City Nlanager CONSEftVATION DISTRICT Rich Raden - Execulive Director FISH. AND WII..DLIFE William Brooks - Regional I-labitat ]'rogram Matiager WDFW Mil:i~ation Agreement Page 5 of 5 MEMORANDUM CH2MHILL Barker Road Sridge Mitigation Assessment To: Jeff Lawlor/4Vashingtcm State Department of Fish & WildliEe copIES: Steve 4Vorley/City of Spolcane Valle}' David Jellum/Margen & Oswood Ken Knutsan/City oE Spokane Valley Dave Todd/Margen & Oswood Greg Oswood/Vloigen & Oswood Jitn Dingfie1d/CI-i2i'Vl HILL FROM1f: Marlena Guhlke/CH2vI 1-IiT,L DATE: Aligll5t 25, ZOOS PRQJECT NUA18ER: 332963.CS.CM 1.0 Introduction The City of Spokane Valley (Spokane Valle}T) has contracted with dVlorgen & Oswood (M&O), for L•he Barkcr Road 13rielge Replacement Yroject (replacing the existing 2-lane ~ bridge structure with a tiridEr 4-lane bridge structure over the Spokane River, and the project includes sidewal.ks and bicycle laries). As part of the construction, a Memorartdurn of Ab►reement for SpakRne River Aqtcatic lrnpact Mitigatiori must bE prepared a.nd signed by the affccted parties: Washington State T)epartment of Fish & Wildlifc (WSFRcS), Spokane Valley, a.nd the Spokane County Canservation District (Conservation District). It tnay also be necessary for a separate memorandum of agr2emznt or construction contract change order to be enacked between Spokane Va11Ey and v1&O. T'he purpose of this Mitigation l•lssessment is to determine the compensatory nutigation for Spakane Valle}° as a canditian of the hyciraulic project approval (HAA)11U492-3, issued on December 3, 2007. The compensatory- mitigation will be determined based on nr►ticipated impacts assaciated with construction activities (work). 2.0 Mitigation Impacts vlitigation impacts are defined as those that will accur in the river w ater bclow the ordinary high watcr line (OHWL) Nvhen proposed work or activity is: • Outside of the approved tivork wTindow as eshablished by the apprpved HPA, issued December 3, 2007 • ln conflict,,%,ith any od1er provision of the approved HPA, issued December 3, 2007 • hZ conflict with khe Mitigation Policies of V1iSr&W as per technical memarandum dated January 18,1999 (POUM5002) ~ rn+-nImcAnoN nssESSMErar-aB-zus.ooc I a0.F14ER ROAD ERIDCc A1171GAi101! ASSECSIIENT 2.1 Working Outside of the Approved Work Window The approved work window issueci under the HPA is from June 15 thraugh August 31 of 2005 and alsa the sznle tirne period for 2009. Table 1 is a summary of work aclivitics thal are ankicipated ta occur outside of the approved work wuldotiv with anticipated duration of these activities (basEd an proposed Constructien schedule attached), and cAminents related to mitigation measures that will bc implentented to avoid or minimize impads to fish & aquade habihat. Potenhial duration dates in 1'able I are based on the contrilctar's subnutted schedule, and currenily, th.e cnntractor is behutd schedule. TABIE 1: SUh11i1ARY OF WORK ACTIVfTIES Anticipated Wark Ocaurring Outsidx of the HPA Approved Work Window (June 15 - August 31, 2008-2009) Work Activity Potential Duration' h9ftlgation Measures Remove ExisNng Bridge August 5- September 16, A debris collecRion tub, suspended by cranes under 4he Superstructure 2008 vrork consiruction area to capture all bridge demolition and debris, will prevent bridge pieces or debris from dropping into the river. All bridge partslpieces and debrus will be captured, dumped Into trucks, and hauled ativay to an approved disposal site. Large bridge parts or pier,es will not be dropped inio thc river and then retrieved for disposal as currently allawed by the HPA. Instead, large bridge parts or pieces %vill be removed by crane. Only 2 weeks outside of epproved work window, which vrould happen in the fall under a late finish , scenario. No contact wlth river water Is anticipated . , throughout duratfon of work activity. Install Wor1c Bridfle Augusi 8- September 8, Steel p9pe support piles will be capped vrith a conical (Main Deck) 2008 point to prevent sediments from entering ihe pipe and later being releascd into the river vwhen 4he pfles are remove(J. All piles will be driven and removed only onc~o (a Se(es oi installing and pullina pipes is not necessary). Creosote treated timber (8"x16"x30') is proposed by the Contractor for the decking. (This is not currently allowed in the permit.) The treatod timber will be encapsutated with an impervious tivrapping Chat will be secured in place and completely covered with wood sheeting.l'his cover will proteci the timbers from chipping, i.e. if Uack moun?ed equipment oporates on the work bridge, setting of equiprnen4 outriggers, etc. The wrapp3ng and waod sheeting combinecf will provide an impen~ious surface that will remain strong and secured in placs, preventing any contact of the treated timber with precipitation and protecting the river vrater. Should any timber be dislodged from the vror9c bridge structure and drapped into the river, additional mitigation compensation wauld be assessed (sec Section 2.2 and Section 3.0 for (urther discussion}. Only 1 week outside of approved work window, which would happen in the fall of 2008. ~ TII MITIGATSOi1 ASSESShLNT-%25-03.00C 2 earaEa HoaD eRiDGM Mmc,AM4 as,.~ssMENr / TABLE 1: SUA9INARY OF WORK ACTIVfTIES Anticipated Work Oocurring Outside of the hiPA A,pproved Work Window (June 15 - August 31, 2008-209) Work Actfvity Potential Duration' Mitigation Measures Mstall Laterals on Work September 1- Laterals will be consWcted on the work bridge, Bridge September 16, 2008 extending from the main vrork bridge deck along each side of the in-r(ver piers. These taterals vlill be constructed in a manner similar to the main wark brodge with treated timbers encapsulated and covered vrith wood sheets. Only 2 weeks outside of approved viork window, wh►ch would be In the fall of 2008. Remove Existing Piers August 21, 2008 - Existing piors 2-6 will be removed after a sheet-pile February 25, 2069 cofferdam has been buil4 around each piEr to a depth of about 2-feet in the river bed. The sheet-piles wfll be constructed in stages. Aiter the first pier is contained and while that pEer dsmolition occurs, the shee4-pile contalnment for lhe second pier will be aonstructed. When the demolition avoric is done on ihe first pier, the sheet-pile will be removed and located around the 3nd pier, and this step-by-stQp process caontinues until all five af the exisUng p3ers are oontained and removed. The spread footings for each existing pier will remain in- place. 7he sheet-pilc for pier 2 is anUcipated to be constructed before August 31''. The remaining sheet-piles will bE placed outside of the approved work window in stages as described above, vrhich will allow the removal of cxisting piers to occur with no contact vvith river water. All debris vrithin the oofferdams will be removed, dumped in trucks, and dispased outside of the river channel. A rock dike or dam to be used as a vrorlcing platform will noi b$ constructod in the river as initially approved in the HPA. Although tho existing piers tivill be removed mostly outslde of the epproved work window, all of that work will be done inslde of the cofferdams with no contact wfth river water (exception, construction and removal of cofferdams will necessitate contact with rlver water). All work in the river water will be compieted by early spring, before the perfod ot time when ralnbov+ trout spawn, and eggs incubate and emerge. Construct Drilled Shafts September 9, 2008 - All new piers will be construcied insEde of temporary for New Piers 2 and 3 Ociober 15, 2008 casings. Theso casings will be extended as excavation moves downward. Thcy wiU bo constructed as quiclcly as possible outside of the approved work window, which will allow the construction of ne+v piers to aocur vrith no ' contact with river water. TlbMITIGATlM1 ASSESSAIENT-Ofr25-03.COC 3 iz4W4ER R'DAD P.RIOGE NJ'iIGnTION RSSESSA1EtdT TABLE 1: SUMtAARY OF WORK ACTIVITIES Anticipated Work Oacurring Qutside of the HPA Approved Work Nrindavr (June 15 - August 31, 2008-2009) Work Activity Potential Duration' PAitigation Measures All sediment within the casings will be removed with a clam shell bucket, dumped in trucks, and disposed outside of the river channel betore the temporary casings are removed. A rock dike or dam to be used as a workfng platform will not be consiructed in the river as initially approved in the HPA. Although the ne+v plers will be constructed outside ot the approved wor4c window, all of that work will be done inside of temporary casings with no con- tact with river water (Exceptfons: 1) construction and removal of temporary casings will necessitate contact with river water, 2) the clam shell operatlons used to remove spolls for shait construction will have some unavoidable drippings that may contact river water when transferring the spoils from the InteNor of the casings to a standby truck that will transport the spoils to an approved disposal site). Also, all work In the river water will be completed by early spHng, before the perlod of time when rainbow trout spawn, and eggs Incubate and emerge (by mid-March 2009). Construct New BridgQ February 26, 2009 - Construciion of the new bridge superstructure, Including . Superstructure September 2009 girders, diaphragms, and bridge deck, will nat involve in- river tivork or any activitins in contact with river water. Remove Work 6redge June 17 to August 31, Period of time when the work bridge will be removed 2009 from the river bed. lliis work will be dono during the approved work window, antl would include site res4oration (grading, channel restorativn) within the OHWL. No mltlgation is required for this in-river work because It would be done wlthln the approved work window. 'Because of the delayed start of the project, thera is a pofenti2l for all tasks in the schedule to shfft, end(ng approximately one month later than what is shown In the attached schedule. However, in evary circumstance, work in the river will be conducted outsfde of the period of time when rainbotiv trout spawn, and eggs incubate and emerge (river work will bE avoided from rnid-March through mid-Juno of any calendar year). 2.2 Conflict with Approved HPA, Control No.110492-3 The 41TSr&W issued an HPA (Control l\jo.17.(?492-3) on December 3, 2007 for the Barker Road Bridge TZeplacement i'roject Table 2lists the provisions of this I-IPA that are proposed by Spaka.ne VallPy to be anzended as falloNvs: 7A1-AUTIGATIOV ASSESSA1Etdi-08-25-pH.C)OC 4 BA.RIS}tF0AD8R1DGEh11TDGATI0NAS5E5S1/EYT - TABLE 2: HPA PROVISIONS Proposed HPA Provtsbns to txe Amended Based on Compensatory Mikigation Provisions Comments TIMING LIMITATIONS: TIMIhlG LIMI7A710NS: 1. Work in the water below the OHWL shall only 1. Work in the tivater below the OHWL shall ocaur between June 15 and August 31 of occur outside of the work window (June 15 calendar years 2008 and 2009. Any vrork and August 31 of calendar years 2008 and belotiv the OHWL outside of these specified 2009) aased on canstruction activities work windows will require a permit described in Table 1 and as shown on modification and tivill reqvire additional attached schedule. Mitigation measures to miiigation for impacts to fish life. avoid and minimize impacts to fish and wildtife habftat are also described in Tabte 1. 2. Work over the avater within the Hmits of the Spokane Valley is requesting a maditication OHWL may occur anytime beriveen March 1, to their HPA (110492-3) and are wllfing to 2006 and September 30, 2009 provEded this provfde compensatory mitigation (described in vrork is oonsistent with all permit provisions Section 3.0). and approved pians provided by the applicant. 2. Because of project delay, the work over the water within the limits of the ONWI won't occur until sometime in late July or early August 2008, and the project is expected to be aomplete by December 30, 2009. NOTIFICA710N REQUIREMENT: rlOTIFICnTIOM REQUIREhAENT: ~ 2. The Area Habitat 8iologist (AHB) listod below 2. The Area Habitat Biologist (AHB) has been ' shail receive notification. changed from Karin Divens to Jeff Lawior, it is Jeff vaho witl receive nolifications. 4. Work shall be accamplished per plans and speciEications approvsd by the WSF&W 4. The demolition plan was not submitted to entiUed JARPA and daled September 4, WSF&W earlier becaUSe It tivas unknown how 2007, except as modified by thfs HPA_ Prior to tha contractor planned to conduct the the start of oonstntclion, a final set of plans, demolition. 7he contractor is preparing the including plans for the diversion, will be demolition plan that must be approved by submitted to W OFW. A capy of these p1ans CH2M HILL, and it will be submitted to shall be availablQ on ,ite during consiruction. WSF&W as part of the plans and specifications to be approved and follovred as part of the HPA. A disk containing electronic files of the final construction contract specifications and plans avas sent to WSF&W on July 18, 2008. EQUIPMENT EQUIPMENT 5. EquipmenR used tor demolition and 5. 'f'he Temporary Rock Access Dikes tivill no4 be oonstruction within the OWHL shall operate constructed or used as part of this project. stationsd on the banks, Temporary Work Platform and/or on Temporary Rock Access Dikes as per proposed access ptans. ;..~1 % nh►Irncanorc assE-M+eraT-Mzsas.ooc 5 34RKER ROAD BR1DCzE MITIGA710N 1LSSE55N,=NT i TABLE 2: HPA PROVISIONS Praposed HPA Provisions to be Amended Based on Compensatory Mitigaiion Provisions Comments WATER QUALITY WATER QUALITY 11. Wooden components used on the project 11. The Cantractor has requested permission to shall not contain creasote or use timbers vrith creosote or pentachlorophenol. This shall include p6lings, pentachlorophenol as decking on the Nrork beams, structural supports, and decking. bridge. The Contractor has sufficient timbers These components shall rcmain free of thesc on hand, measuring 8° x 16" x 30', (or toxic substances for the durauon of their approximately 7,500 square feet of work functional lives, bridge decking. These exlsting timbers have been in service on a temporary bridge siructure connecting gravol roads on another proJect. Spokane Valley has propased to the contractor, as a condi4ion of approval, encapsulation oi the treated timbers vrith an impervious wrapping that wiil be secured in place and completely covered tivith vrood sheQting. This cover will pratect the timbers from chipping, i.e. if track mounted equipment operates on the work bridge, settirog oi equipment outriggers, etc. The wrapping and wood sheeting combined will provide an impervious surface that will remain strflng anrJ _ secured in place, preveniing any contact of the treated timber with precipitation and protecting the river water. ' TEAAPORARY WORK BRIDGE AND ACCESS PADS TEMPORARY WORK BRIDGE AND ACCESS PADS 29. Wooden components shall not contairi 29. As noted above under WATER QUAUTY, the creosote or pentachlorophenol. This shall Contractor has reqUesled permission to use include pilings, beams, structural suppofts, timbers with Creasotc or peniachlorophenol and decking. These components shall remain as decking on the work bridge. The free oi these toxic substances for the duration Confractor has sufficient timbers on hand, af the proJect. measuring 8' x 16" x 30', for approximately 7,500 square feet of work brfdge deCking. 7hese existing timbers have bcen in service on a temporary bridge structure connecting gravel roads on another project. Spokane Valley has proposed, as a oondition oi approval, encapsulation of the treated timbers vrith an impervious wrapping that will be secured in place and completely oavered vrith wood sheeting. 7his cover arill protect the timbers from chipping, i.e. if track mounted equipment operates on the work bridge, setting o1 equipment outriggers, etc. The wrapping and waod sheeting cambined will provide an impervious surface that tivill rernain strong and secured in place, preventing any contact oi the treated timber rrith precipitation and protecting the river water and aquaGc habitat. nMIrricanca nssES..c%4Er+T-ae.as-oa.Qoc 6 &llch(ER RDAD BRIDGE Mfi1GAS10N ASSESSAIEKT \ ~ 2.3 Conflict with the WSF&W Mi#igation Policy The WSF&4V has a policy, POL-,A45002 1Ze(p4iring or Recomrnenciing Mitrgntion. No deviations from this policy have been identified related to the Barker Road [3ridge ReplaCement I'roject. Iherefore, there are no conflicts with the WSFRW mitigation policy. 3.0 Compensatory Mitigation 3.1 Summary of Impacts: The City's iVtitigation Plan is Uased on the following sinnmary regarciing potential impacts ta the Spokane River and aquadc wilcllife: 1. The rnost significant work activity iinpact is caused by working outside of the approved work window. Most of thi5 work will be dane without contacting river water based on deUris collection systems and debris management pmgrams wrorking properly, and based on barrier systems (casings and sheeh-pilc cofferdams) that tiil] be consiructed to isolate work activities from contact wifll rivcr water. Most work that would potentially occur in the river thah is outside of the approved work window would IZappen in the fall and Nvinter, when inlpact on fish aild wildlife habitat is less tha.n iT1 the spring. All demolition and construction work khal• wauld have contact with river water would be complefied before the period of time when rainbow trout spawn, and eggs incubate and emerge. LZ other Nvords, in-rivEr ~ worl: woiild not occur behveen nud-117arch tq inid-June. ThereEore, inlpact to ra.'i.nbow trout and other aquafie species should be minimal to neglig-ible. 2. tlnother praposed work activily that has a potential adverse impact is the use qf creosote ar pentachlorophenol tinlbers far the work bridge decking. Contrals will be i.mplenlented (enCapsulaiion of the treated timbers w-ith an im.pervious wrapping, covered and secured in place with wood sheeting, and recovery of all timbers for reuse) to prevent toxic contamuiation from enterulg the river. Therefore, the impacl to aquatic species should be mini.unal to negligible. Any mitigation fees asspciated with this work activity xvould be in addition to the City-'s mitigation impact fcc assessment and will be paid by Morgen & Oswood. 3. Although nlost c:4nstruction in the river will be isolated and not in coniact witl-i river water, iherc is a potettia.l for sedirnent release during the construcdon and removal of casings and shect-pi.le cofferdams, and when pilulgs are driven into the river for t11e work bridge anci laber pulleci. It is assumed thah a reasonable distance for sedinlent pluules doNvnriver fronl a saurce is approximately 200 yards. Turbiclity is expected to dissipate to backgrounci levels withul hours er da}'s. If done carefully, there should be minimal unpact to aquatic species related to these work activities. 4. The contractor has optecl nol to use an approved HPA provision, which 311orved a rock dam or dikE in the river to be used as awork platfarnl dming demolition or construction. This clecision will lessen adverse impacls to aquaNc species in the river than the approved I-IPA provision. , r,%WtMAnoH rssEssMENryos.zsce.oac 7 2AJWR ROAD BWOGE M1i1C~AMN k&SESSAICIFT 5. Should unforeseen circuntstances occur that adversely impact the river habilat (for - examplc, an extremely severe floociing event that dislodges treated timber from thc work bridge, and as a consequence, trcated Nmbers enter the river), an unpact fee or mitigation measure(s) should be assessed by WSF&-W for those iypes of circumstances as they occur. These costs/measures wpuld be paid for or implzmented by the Contractor (Morgen & Oswood). 3.2 Mitigation Plan Sppkane Valley's Mitifyatian Plariwill proviaE mitigaiaon in two forms,l) a$20,000 City mitigadon fee (described in detail ui Sechion 3.3) plus any addidonal fee assessed upon Vlorgen & Oswood by WSP&W for nuhigation associabed with the use of treated tiinber and, 2) additional costs that are included in the contract with Morgen & Osrvood, %-.,hieh will be performed on site to mitigate the short terin effects associated Nvith khe work activities dcscribed in Table 1. 'Yhesc work activities include initigation cfforts in the Nvater and thoSe abaut 100-fcet la.ndward of the 0I-Iti1M (for example, re-vegehation, ]3iV11's for crosion control, ai1d stormwater controls and systems that wcre lacking on the exisking Barker Road Bridgc). Table 3 provides a list af mitigation or river quality enhancEment items and the conLract amount associated tirith each. TABIE 3: fdITIGATION AND RIVER ENHANCEGIENT A9EASURES Mitigaiian and River Enhancement A4easures included in Cantract with A4orgen 8. Osvrood Item Mitigation or River No. Item Descrlptton Enhancement Features Dollar Value 7 Removal of Structure and Obstruction i'his payment iiem includes site $24,250 enhancement such as removal of o!d (Estimate) concrete bridge piers lying in the river and on the norlh shoreline from a Full bid item previous bridge. amount is $48,500 S Aemove Existing Barker Road Bridge 'i'his payment Its+n provides river S175,500 enhancernent by reducing obstacles in (Estimate) the river and thereby also improving the flotiv characierisEics of the river. Full bid item Five v1311-sha,ped piers will be reptaced amount is with tvro pairs of 7-foot diameter $351,000 columns. This payment item also includes work and equiprnQnt to rernove the existing structure in a manner that will protect the river from debds, fncluding a debris oollection tub to prevent all debris and bridge parts from falling into the river, cranes to support the debris collection tub and for removing larqe pieces of tho bridge structure to prevent dropping into the river. 7rucks will haul debris and ather dsrnoliiion material to an approved dispasal site. Cofferdams vrill be installed to isolate pier removal work areas hom the river. TIMILITIGATiON ASSESSIA3YT-W25-0&00C 8 RaaKER Roau eRiocF MmGanorr ass€ssME,vr TABLE 3: A7PTIGATION AND RIVER ENHANCEMENT tdEASURES Mitigation and River Enhancement Measures induded in Contract vrith Morgen 8 osvrood 11 Removal and Dlspasal of Asbestas AAaterial Rcmoves small quantity of asbestas $4,000 materlal fram north shoreline. 15, 19, Stormwater colleclion, conveyance, and Projeci provides storrnwater collection $84,758 20, 21, treatment items and conveyance to a new treatment 22, 23, and infiltratfon swale. Existing 24, 25, stormwater runoff from Barker Road 65, 69, discharges directly into the river 70, 7ti, vrithout treatment. 72, 96, & 97 18 Uplands Fill Provides granular cap over existing $4,290 shorelinc material identified by Ecolagy to have heavy metals contamination. 34 Work Access - New Barker Road Brfdge This payment item includes work to $50,000 provide a temporary vrork bridge, (Estimate) which the Coniractor has opted to install in lieu o( earth cofferdams Full bid item allowed in the original HPA. amount is $514,000 The conitactor will aIso provide an impermcable wrapping around creosote-treated timbers and protective sheeting ~ 66 Seeding, Fertilizing, and Mulching This payment itern re-establishes $3,000 vegetaUon on disturbed r(verbank slope areas. 67 Temporary ErosionrWater Pollution Gontrol This paymenl item provides for $9,000 preparation of a Stormwater Pollution prevention Plan and implementation of the plan, including ins4allation oi silt fencing, temporary sedimenlalion pond, and other sirnilar features. 68 PSIPE, Rosa Rugosa This payment iiem provides plantings $1,560 adjacent to the riverbank at the northwest oomer of the new bridge. 95 SPCC Plan This payment item is for a Spill $15,000 Prevention, Control, and Countermeasures plan Total cost of ineasures included in conlract with Morgen & Oswaod 5371,358 TAM11i1GATI0k ASSESSMEt1T-OB-25-08.00C 9 84R1¢R ROu1D 8R1[lGE IAITIGATIU'V ASSESSMEKT 3.3 Mitigation Calculation Method There is little guidance on whafi wnount of nutigation is appropriate for pdtential impacts in khe Spokane River resulting from the Barker Road }3ridge Replacement prajeCt. I-Iowever, a preeedent agreeme.nl ivith Spokanc Count}, for the Argonne Road Bridge mentioned, upon the rec:ommendal•ion of the Conservatien Dititrict, that mitigaiion on the appropriate sir..e of a project could be Uased on Either the length of impacted shcareline or square footage of project area. In their case, they deternlined that th€ length af shoreli.ne was approximately 200 fcet, but decided to calculate initigation based on square fect of riprap. There is no riprap planned or ncedcd Eor the. Barker Road Bridge project and, therefore, Spokane Valley proposes to use the I.incar shoreline area impacted as the basis for calculating mitigahion. lhe Area of Potential Fffect (APF) for the Barker Rpacl Briclge pr4jecl shorvs that shoreline imp3cts arc appraxi.makely 160 feet (measured parallel to the new• piers). Usuig flte basis of $125/shoreline foflt and a shoreline of 160 feet, a mitigation fee of $20,000 is calcttlated. Spokane Vallcy proposes a lump sum in-lieu fee payntent of $20,000 l•o the Spokane Counly Conservation District u1 accordance Nvith a Miiigation Agreement between the WSF&W, the Conservation District and Spokazle Valley. These dollars Nvill Ue used for off site mitigation perfornled in the Spokane Rivex within the Spakane Valley city limits. Any additional mitigation fees or nlcasures that nught occur as a result of unfareseen acciclents or even~,s wnulcl be the responsibility of the Contractor, Morgen & Oswaod, who rvill pay for any addi.tional mitigation fees/costs, or implenlent additional mitigation meastucs as nceded. In adcliLion, shotild WSFB:W a,ti-ree to rnodify the HPA to alloNv Morgen 8: Os-A~ooa to use ' treated ffinbers, any additional mitibation fee negotiated and assessed as a result of dle use of trcated timbers, over and above the $20,000 mitigation fee calculated above, will be paid by `lorgen & Oswovd. Spokane VallEp believes that this is a meacungful proposal wit11 a combined dollar value of over $391,358 thal will be of benefit to the Spokane River and will mitigate all of khe polential unpacts. ,~**k* \ TIA-MITIG4MN ASS=SSIAENT,O&["~" 00.17OC 10 - CITY OF SPOKANE VALLEY l Reyuest (or Council Action ~ Meeti»g Date: September 2, 2008 City Manuger Sign-off: Item: Cherk frll that apply: ❑ consent ❑ old business ❑ iiew business ❑ publie hearing ❑ information 0 admin. report ❑ pending legislation AGENDA ITEV1 TITLE: Watershed ResoLirces Inventory Area (WRIA) Memoranda of Agreement (MOA) $ACKGROi)ND: See attached Staff Memorandum ~ RECOMNIENDAT10N: Cunsensus to pl.tce motion consideration on City Cuuncil Consent agenda -t'or September 9, 200$ to authorizc thc Mayor to sign the Memarandum of Agreement for Implementing thc Dctailed 1mplementKlion Plan for VV1tT4,S 55 & 57 STAFF CONTACT: Tavis Schmidt-Assistant Planner ATTACI3ME4 NTS: Cxhibit 1: StaffMemorandum Exhibit 2: Memorandum of Agreement for lmplementing the Detailed Impleinentation Flan for WR.IAS 55 & 57 ~ ~ ~,rvoCommunity Development Department Spo~ka~e Planning Division ~ . ~ V 11707 E Sprague Avc Suite 106 ♦ Spokane Valley WA 99206 ,09.921.1000 ♦ Fax: 509.921.10138 ♦ ci[yhallCspokanevalley.org Memorandum To: City Manager, City Council CC: Kathy McClung, Greg McCormick From: Tavis Schmidt, Assistant Planner Date: 8119108 Re: Detailed Implementation Plan - Water Resource Inventory Area (WRIA) 57 • Council prcviousl}° auihorizcd City staFf ta participate in thc VJatershed Planning Group bcgiiuuna in 2005. • The Memorandum of Agreement (M0A) is requesleci to be signed by the Vlayor. ~ • F3y signing on to the MOA, the City of Sppkanc Valley vvill havE opportunities to apply far and participate in erants. • The M(7A does nol commit the City of Spokane Valley to any financial contributions other than staff time; which includes the continuing parlicipation on the Watcrshed Implementation Team. (sec table below from Uetailed Implementation Plan -Part 3) citles Rec.9 Actions to !te Implomented by Cities2 fundlnp TimefirA Assisiance D, A9, S, DevGap z~ oist;hutt ir.f3imation cr the beneics d xerisc*~g ta ay;fcants :a t3m! us-- D=nriis, indud'as . 5,i 1.4021 ir~,rma:ien on can~ rvaicn-czl~~' na'.e ,h~d ~w~~L ar:d eQSt sa=gs. Verions riil! Ee r,ezted for D 208-211109 x hcmear:ne~ rsid fcr ~~~d~r.: ba-~ will ir.~ude sem~le k~ndscapa de:~gma. • S, L I.h.Q2.g Q@Y2'Dp bIIB IttIJIE.T.•8n~ aL3 c7.rse rral: con-mr,cfan sCa:egie;. f+P;,, C, 2:08-2009 x p, L g, 5'.' 1.A.419 DC. t!^p end implEZZ=n` a wa:er ar.serrottm cratacy!w puLEc Fer?cs. APk C,1'; 2008-2'9 x D. L,.M. S. I.C 0 i.z 9ur:sy e tnrm cs, th^.ir pacrur oi ti13L: recama£ar+ nnd rtuse, ar,d sitire vjr.re; data. C, E 20li"-M x SV r ~ , 0. Ld.t, S, De+re!cp v;aIsr retlarro; an arsd reuse tdxst;,^,n,6uReacn progcams J~st buiV on the f'~bEc p~ceptxn ~ l:vey E. C. datt and ad~~c fi.aeci=ic rsci~r a1 cor,c:>rs and gcala &.13, 5.4, 2C17&20G9 V~`8 ~~lat~ o' L. S. I_C.G 6.b Car.sile. ucaoetI ch :rr3-" in ,ax irceati:cs, w.,;en3, ar3v r reg ry utE`!s ior v.;.ter ceuse. 0 2Gifl-~12 D. L, S VIAO i.c Di: Gci: -vd adcpt u:btn fotes'uy oegulztnns [votog}wul th: wratershed. 0 2008-20Cr3 x ~ ~^~e v; a onntt AF~ - Fs i~r Pr:~ t~ Mlsin.e•7 :c,::~ ~r::c~ ~~oe! eot Ixte:a :C t;'~ fl:Si Si110~ t- tiCJ SFL~T,4. Ci - Crrao~•rie : Fssre~ =sti a~ a- ocs:~~ e~:rs~, E- F,-r.~ trF~ne,-~:c.~G:a:a,titmr'6.t37S~~ilE•lE':u1Cw',l'o,er:msr=qpct~a7f;, la-LeS~.cfSae??;.~pv~r S-5;_'<aie:e_sr~,,nt~-S~C~arCCUUYCrs~s+r~~!~fII,Ei S~JB-SQOkr1At1!s1~1'1~9'v3~{ iY - l:hCt• ='l:c j.7fe.t\'o -~R~Iil1J:0 : ~;P:F'1;1:ni 6: 7i. Wi5191wmLl[15 °xr•r.? : J.'29 DI.'!tS1.Rfr. Y.'RF$ ?J63T @ CCU-yf r: en_.sls szsv: s.Ci~ FtiSCIL~ S4C; ;nnk. mrec :p ~cacs;. ecoa • rti .CL'J'f L6e E»ura R:i' -'E2I16iljE ~:i:35C~ 6\U~k'_'~:Ys? y ~~w'.i ~:OC Gp ~0~~. ~ a'r=•o' -9tC L' 11L:,/Sala, Rt~ NilA:~e, 8' !_XN:n!. S:: ~G7R:te 1o7Pj i \ ~ l 1 Baekground Water Resource fnventory Area (%~,RiA) 57, the NT.iddle Spokan~ River 8as1n; watershed is part ~ of the Coluinbia River draiDage system lying at lhe intcrsection o-F the Northern Rocky I lvfoun#airis and the Coltambia Plateau. The, w-ater stores in WRIA 57 are ]argel}+ recharged by precipitation in the Rocky NTountains oF north ldaho and western Mantana, additionaljy relying I on spring snowmelt from the uplaiid areas and groundwater discharge to the rivers to rnain#ain streaun flows dLEring the driei- mon#hs. Water is becoming increasillg]y scarcc in the NVRIA 57 basin. Past studies of \V~2IA 57 have largcly focused on thi~ Spokane Valley Rathdrum Prairie (SVP,P) Aquifer, which was designaled a°`Sole Source Aqtufer" by the U_S. Frivironmenta] Protec[ion Agenc}+ iati 1978, 'I'he aqui-fer is the drinking water source for over 400,000 people Iiving in Spokane County as we11 as in Kootenai C.ounty, ida]tio. lnteractiojis between tYiis aquaf.er and the Spokalie River arc important both seasonally and spatialjy ta inaintain flows in #he rivet. Watwhed planning in Washington State is cvnducted ui-ider the 1998 Watersbed Plaruiing A.cC (C'hapter 90_80 RCW), This Act was designed to allow people ivho live, work and recreate vvi#hin a u+aeershcd tc) collaborat~ on how water is mamged -tor the future. The law is administered by WA S#.ate Department of Ecology in the form of a sequencc of grants, which allow the iiutiatinu gov~rnments to undcr8o waterslied planning according to four rnajor phases. Planning occurs ~xithin the cxisting sEructurc of Water ResotLrcc Inventory Areas although, in ctises such as this one, muitipli-, WRTAs tire combin ed f.or plannint purposes_ (Wi2IAs 5 5 & 5 7) Phase S prnvides funding fior tht conveninc, oF a planning unit forn7ed of representatives of 1ocai govemment, interest groups and citizens, In Fhase II, pjatu7ing uniis may apply for fundine to _ conduct wali,,rshed assessrnents, which may ranae :fi-<m aoompila#ion oF existing data on water resources ta new studics of specific watershcd a#tributes_ Phase Ili provides for devclopment of a watershcd managerne-ni plan, whir,11 r,ust he appraved by consensus and apgroved by county legislative bodies. 'Yhase TV fitnding Mlows planning units to devetiop detailed irnplementation plans to coordinaEe and overse-e the actual implemen#ation af the alternatives and recommendatioi7s oFth eir watershed,-n anagement plan. Watershe-d-relaCcd woi-k has been conducted for many years in WRIA 55157. loint watershed plaraning in Che Lit#le and Middle Spok.ane River. f3asins under Chapter 90_82 RCV4' was il)itiaLod b}f the City of Spokane, Spokanc County, Slevens Coun#y; 1'end Oreiilc Count}+, W11itworth Water .District. and Vera Wa#er and Power. With Spokane Countv as #he iea.d entit}'; these iniLiai3ng govenunent5 and represel3takiveS of roughly f.l.fteen othcr ititerests beuan watershed plalming efforts ui1der Chapter 90_82 F~CW in 1998. The group el ected to ibcus on wate-r quanti ly issucs (rec}uired undcr Chapter 90_8 2 RC:N1) and instream flows {op#.ianal under Chaptei- 90,82 RCft The W R1A 5 515 7 Planning Urrit oversaw scveral technic-al assessrncnts under P hase II fiind'uig. A prel.iminary assessmeztit of existing inforanaion for WfUA 55157 ~vas cnrnplcted in June 2003; ~ and a more detaile.d watershed sintiulation model was c:on,pleted in rebruary 2004. Instre.aun flow studics were cnrnpleted in December 2003 for the L'attle Spakanc River and in June 2004 for parts of#he Spokane Rrvtr, Additionally, a multi-purpose slorage assessment was cornp letcd in I ]]ecembcr 2004, , 'l'he WRIA 55157 Planniug Unit approved thc Watershed NIwagemcnt Ylan on July 6, 2005, 'i'he Plan was adopted by Che Commissioners ofi' Pend Qrei11e, Spokans, and Stevims Counties on J€uiuary 31, 2006. i 2 ~ . From the Fxecutive Summarv: - Tfus 17etailed lmplementation Plan (TaTF) is a blueprint for coorclinating and implementing the reconunendations outlined in the Watershed vlanagement Plan for the Little and Middle Spokanc River Basins. These 107 recommendalions address central issues to water resource management in the Little and Nliddle Spokane River Basins: water conservation, reclamation, and reuse; uistream flow needs for the Middle and Lilcle Spokane Rivcrs; domestic exempt wells; watcr rights and claims; and stxategies for river basetlow anci ground water recharge augmentdcion, as well as approaches to plan implementation. N1any of the proposed actions depend upan the cooperation of local residents, businesses, goveriunents and other entities. General recommendations include the follovving: 1. Watcr conservation, reclaination, and reuse 2. lnsiream Flow nccds for the Middle Spokane River 3. Instrearri flow needs for the Little Spokaiie Tt,iver 4. Dqmestic Exempt wElls 5. Water rights and claims 6. Strategies for I3ase ilow augmcntation 7. Strategies for Ground water reeharge augmcntation 8. Approaches to Pl-cin implementalion (End EXecutive Stunmary) "I'"he DIP contains a Memorandum of Agre,ement (MdA) for all govermnental entities, non- governmental organizations, and other uiterested parties to have input into tlie local watershed ~ planning process as provided by Chapter 90.80 R.CW. The g4al of the collaboration is to reach a collective unclerstanding on the development of a Detailed lmplementation Plaii. 1 he MOA is not an TnterloGal Cooperation Agreement; however such agreements may result from thc collaborative process supported in the M0A. Attached is a capy of the M0A. 3 (space reserved far file number Attachments: Appendi.Y A, Impiementation Team Members 212012008 ivIEMORANDUVi OF AGREEN[ENT: FOR IMPLEMENTING 'T'f-IE DETAILED IMPLEMENTATI4N PLAN FOR VVRIAS 55 & 57 THE LITTLE ANIa MIDDLE SPpKANE WATERSHEDS 1. WHFREAS, Chapter 90.82 RCW concern.s VVatershed Planning. It provides for a cnllaborative process for participating governmental entities, non-governmental organizations, and other interested parties to implement the local watershcd plan; and 2. WHEREAS, this 'Memorandum af Agreement (MOA) scEks to further that statutory process with respcct ta wa.tcrshed plan impiemental:ion for the Little and Middle Snokane WaY.er Resources Inventory Areas (WRIAs) 55 8s 57; and 3. WHEI2EAS, the procesS in ch. 90.82 RCW and this MOA is not . intended to formally detiermine or resolvc any legal dispute abaut «.-ater rights under state or fcderal law. Instead, it provides for an alternative, voluntary means to engage in cooperative planning and managing the 'use af Washington's water rESOUrces; and 4. WHEREAS, effective watershed plan implEmentation cannot take place wit:hQUt participation of government entities, nan- governmental orga.nizations, and other int'erested parties within thc WRIA; and 5. WHEREAS, as the result of the work of a Planning Uniti esta.blished to initiate the watershed planning process, the 1..ifitle and Micldle Spokane Watershed lUlanagcmenti Pla.ns (ver. 6/ .l6/2005), also "Plan" or "WRIA Plan", were drafied and havc been adoptcd in jaint session on January 31, 2006 by the Pend Orcille County Board of Commissioners, Spokane County Board of Commissioners, and the Stevens Caunty Board of Commissioners; and 6. WHEREAS, the Little and Middle Spokane Watersh.ed Detailed Implementation Pla.n (DIP) to implemcnt the WRIAs 1'lan was approved by the Wakcrshed Implcmenfation Tcam (WIT), a successor of the Planning Un.it, as further descrihed below in Sections 2 and S, on 20 February - 200$ W}2lA 55l57 Phase IV MOA, V17 1 NOW, THEREFORE, the parties agree as follows: - 1.0 Purpose: The purpose of this MOA is to further implement the Little and Midcile Spokane Watershed Managcment Plan (vcr. 06/ 16/2005) a.nd thc Little and Middle Spokane Deta.iled Implementation Plan (dated 02/20/200$). This MOA is not an Interlocal Cooperation Agreemcnt under ch. 39.34 RCW alt.hough such Interlocal Caoperation Agreements and other Agreements between the signatories and -Arith third parties may result from the collaborative process . supported in this iVIOA ("Resulting Agreements"; see provision 6.5). 2.0 Definitions: 2.1 "Consensus" means unanimous agreement. 2.2 "Dctailed Implcmentation Plan" or "DiP" has the same meaning as used in RCW 90.82.043 and RCW 90.82.048, as the document with the strategie5 implementing the WRIA Plan. For references to the WRIA Plan, see the Little and Middle Spokane Watershed Management Plan below. 2.3 "Implementing Pa.rty" is any entity, including but not limited to an Indian Tribe, a.greEing ta participate and having legal authority to contract to implement elements in the DIP. An Implementing Party may be either an Implementing Government or an lmplcmenting Non- Governmental Member (NGM). These groups are further described: 2.3.1 "Implementing Governments" are those governmental entities, including Indian Tribes, having a role in Plan implem.entafion as dcscribed in the DIP, with legisla.tive and regulatory authority to perform such rolc, whase jurisdiction lies wholly or partly -within thE boundaries af WRIAs 55 & 57, and who are signatories to this MOA. For thE purposes of participation in the WR1A Pla.n ar►d DIP, Fcolog,y represents only itself. This sha.ll not prevenf other State Agencies from joining this MOA by written agreement. 2.3.2 Implementing NGMs arc non-govcrnmental persons or entities Entering into contract--Lial relationships to implement elemcnts as identified in the WRIA Plan and DIP. An implementing NGiVI need not be a Watershed Implementation Team member. 2.4 "ImplEmentation Matrix" is a document showing all recommended elements of an approved WRIA Plan as Y1Ze final step in plan developmenL' and recommendations, as further explained in Section 6.3. ~ 2.5 "Implementing rules" has the definition in RCW 90.82.020 (2)1. ~ ' RCW 90.82.020 Definitions.Unless the context clearly requires othenvise, the definitions in this section apply throughout this chapter. WI21A 55/57 Fhase IV MOA, V 17 2 2.6 "Initia.ting Governmcnts" are those local governments initiating the Watcrshed planning process a.s identified in RCW 90.82.060(2) for the area designated by the Washington State Department of Ecolagy as WRIAS SS Sa 57, also kno«Tn as The Little anci Middle Spoka.ne Watersheds. They continue as Implernenting Governments and signatories to this MOA, to wit: Pend Oreille County, Stevens Count};,, Spokane County, Vera WatEr & Power, ViThitworth Water District #2 and, the City of Spokane. 2.7 "Lead agency" is tha.t entity that shall convene the Watershed Implcmentation Tcam (WIT) and administer the Fhase Four Watershed Planning Grant Funds [REf. I:CW 90.$2.040(2)]. The L.ead agency contracts for scr-vices, using funds available under ch. 90.82 RCW or contributed through othcr sources. The I,Ead agency has no power to bind a.nother Governmcnt without its exprESSed written consent, through its governing body. The Lea.d agency shall likcwise he responsible for application and managemcnt of grant funds for purpose af this MOA. Designa.tion oI a Lcad agency does not limit the opdon of anothEr Government to apply for and manage grant funds for plan implementation. [Cross rEference, RCW 90.82.060 (6)] 2.8 "Minimum instream flow" ha.s the definition of RCW 90.82.020 (3) (Fn. 1). 2.9 "Planning Unit" was a committee formed pursuant to Chapter 90.82 RCW by the lnitiating Governmcnts to initiate the ch. 90.82 praccss, which resultcd in the adoptcd the Little and Middle Spokane VVatcrshed ManagEment 1'lan (fihc Plan). f'or the purpose of developing thE 17etailed lmplemenFation Plan to implcment The Little and Middle Spokane `1Vatershcd AZanagement Plan (ver. 06/ 15/2005), che Planning Unit was replaced by the Watershed Implemental'ion Team (WIT) as fut`ther described below. (1) "DepartmenY' means the department of ecology. (2) "Implementing rules" for a WRIA plan are the rules needed to give force and effect to the Raris of the plan that create rights or obligations for any party including a state agency or that establish water management policy. (3) "Minimum instream flow" means a minimum flow under chapter 90.03 or 90.22 RCW or a base flow under chapter 90.54 RCIN. (4) "WRIA" means a water resource inventory area established in chapter 173-500 WAC as it existed on January 1, 1997. (5) "Water supply utility" means a water, combined water-sewer, iRigation, reclamation, or public utility district that provides water to persons or other water users within the district or a division or unit responsible for administering a publicly governed water supply system on behalf of a county. (6) "WRIA plan" or "plan" means the product of the planning unit including any rules adopted in conjunction with the product of the planning unit. WRIA 55/57 Phase 1V M0A; V17 3 2.10 "The Little and Middlc Spokane Watershed Management Plan (ver. 06/ 16/2005)", sometimes also refercncEd as the "Plan" is dEfined in RCW 90.82.020 (6) with respect to WRIAS 55 8s 57. it includcs any r-lxles adopted in conjunction Nuith the product of the Planning Unit. 2.11 "Watershed Implementation Team" (WIT) is the successor af the Planning Unit, formed for the purposE of implementing the Little and Middle Spokane VVatershed Management Plan (ver. 06/ 16/2005). WIT mcmbership is listcd in Appendix A. The membership list may be amended by its members as provided in Section 5. 2.12 "WRIA" is a. water resotxrce invcntory area, as provided for under RCW 90.82.020 (4). This MOA cancerns WRIAs SS & 57. 3.0 Governments Scope: Watershed Planning for WRIAs 55 8s 57 includes an opportunity to receive state grant funding, when local match funding can be mct, for Detailed Implementiation Plan (DIP) implementation as provided for in Chapter 90.82 RCVV and RCW 90.82.040. 4.0 Lead Agency: Spokanc County is the LEad agency undEr this MOA. The Lead agency shall administer the grant funds and contract for services to suppo.rt implementation of the plan. Project budgEts and ~ utilization of consultants shall be agreed upon by thc WIT per the procESS described in secdon 6.0 of this agrcement. 5.0 Watershed Implementation Team (WIT): ThE WIT is composed of the pa.rties signing this MOA and those members of the WRIAs 55 & 57 Planning Unit, when the Pla,nning Unit approved the Little and Middle Spokane Detailcd Implementation Plan during thc Planning Unit meeting on February 20, 2008, all as ]isted in Appendi.x A. Future membership may be amended in accordance with this MOA. 5.1 Parties in Appendix A havE appointied a. representatiee or representativcs to the ViIIT. iVew non-governmental representation in the WIT may be developed as outlined in Sccdon 5.3. Each mcmber of the WIT is responsible ta appoint one primary represcntative and as many alternates a.s desired. Alternates may serve in lieu of the primary contact. 5.2The appointed Representatives of Implemenfiing Governments shall be voting members of the WIT. With respect to NGMs, after a person desiring to participate in the WIT has attended three consecutive regular WIT monthly meeti.ngs, the WIT may accept such person as a voting member by a vote of the WIT membcrs pursuant to sec. 6 of this N10A. In voting to acccpt a `WIT candidate, thE WIT shall be guided by consideradons of assuring that water resource user interests and directly involved local-level interest groups have a fa.ir and equitable 1VRIA 55157 Phase 1V MOA, V 17 4 opportunity ko givc input and dircction to the process. [Cross refercnce, RCW 90.82.030 (1)] - 5.2.1 An existing NGM representative may be removed fram voting status if s'uch pErson misses three consecutive regular WIT monthly meetings. A motion to remove is introduced at a regular WIT meeting. Thereafter, the I.ead agency and/or a designee shall contact the party in question, no less than 10 busincss days before the next regular mccting. The majority of the WIT mcmbers in attendance at the nExt regular mceting may then terminate voting membership by majority vote. A i-emoved NGM represeni:ativc may join again as provided in 5.2. 5.2.2 VVhere a voting CTovernment rcpresentaCive an the WIT misses three cansecLZtive regular monthly meetings, written notice may be given tn sa.id party nf intent to remove voting status at least 10 business days before a regular monthly meeting where the quesfion is to be considcred. At such meeting, the removal must be approved by a majority of the WIT members in attendance a.nd the appointing Governmcnt shall thEn be given writtcn notice of such action. The rEmova] does nc>t become effective unless the appointing Government fails to appoint or reappoint a representativc within sixty (60) days nf being notired. The appoint'ing Governmen.t can appoint a new representative or reappoint a removed representative ' witih fiilly restored vQting rights at any time thereafter. 5.2.3 Government withdrawal: see secdon 8.3. 5.3 The W1T ma5- aclopt rules fnr operation, decision-making, and membership ta supplement thQSe presentEd in this MOA but not in conflict with the u[OA. 6.0 Process for WIT Decision Approvals, Annual Report: 6.1 Implementing Government Members. In so fai- as possible, a11 decisions of a quorum of the WIT will be by Consensus, but the lmplementing Governrnent (IG) representatives mu5ti reach Consensus, cither at a WIT meeting or in writing, if an individual ICi representative is unable to attend a particular meeting. In addition, no decision may bind any Implementing Government to an obligation without written approval of its governing body at an Opcn Nleeting, with the exception of state and federal agencies, whose representatives may have authority to agree to obligafions. For the purposes of this MOA, "Ohligation" is clefined in sec. 6.4. 6.2 Non-Implementing Government Members. Where Consensus has been reached among Implementing Govemment ~MA 55l57 Phase I V MOA, V 17 5 representatives but cannot be reachEd among other WIT members, approval for purposes of participation of such non- goveinment members shall be by majority votc among those non-governmcnt members in attendance at a mecting and shall decidE the issue for such mcmbers. Such approval may be determined by majority vofe of the WIT members attending a meeting, but the question to vote on this issue may not be considered unless it is called far at a regulac- meeting and deferred for vote until the next regular mEEting. In addition, the matter shall be noted on the agenda, distributcd not less than three (3) business days prior to the meeting at which the vot'e is taken. 6.3 Implementation Matritc. The Plan included an Implementation Matrix which sets forth Issues and Recommendations. The Detailed Implementation Plan (DIP) is a more specific list or breakdown of individual Implementing Entities' (Governments and NGOs) duties and responsibilities, as more fully expla.ined below. 6.4 "Obligation" means any required action that imposes fiscal impa.ct, a re-dEployment of resourccs or a change of existing policy. (Cross reference, fn. 1, RCW 90.02.020 (2).) 6.5 Resulting Agreements; Adjustments. 6.5.1 In Iurtherance of this MOA, there may be a.grEements betvveen IGs, NGOs, signafiories hereta and third part'ies, or combinations of the aforementioned. These Resulting Agreements may have specif'ic requirEments, dcpending on the needs. 6.5.2 This MOA envisions a general collaborativc process which may be subject to adjustment as to details. As Resulfing Agrecments are developecl, obligations may be stated in one or more categories or classes of expenditures, which may be Subject to adjustment as Plans are being implemented and bascd on WIT decisions. 6.5.3 Resulting AgreEments may providE for reallocation of programs, abligations or expenditures within a given caf;egary, subject to an overall, not Lo exceed maximum amount, for the entire term or within a given calendar year. In general, it is the intent of this MOA, and the Resulting Agreements may so provide, that sttch reallocation as a restxlt of WIT decisions or l~ ' othenvise not exceed fifty thousand ($50,000) within a given calendar year for any one party without further express approval of its approval autharity, or in the case of an IG, itis governing body. WE21A 55157 Phase IV MnA, V1? 6 6.6 Fulfilling Obligations. An Implementing Government which accepts and completes an obligation as speciCed in the DTP shall be regarded a.s having fulf'~lled its rESponsibilities for these issues, recommendations, and/or strategics under the Watershed Management Plan or other related regulatory requirements during the finite terms specificd under the DIP. 6.7 NGM Consent. NGV[s may consent to elemcnt(s) of the actions that i.mposc an obligation on such NGMs by written approval of their governing bodics. This shall not preclude any requirement for a contractual agreemenk for NG1UI ImplementErs to utilize funding from an Implementing Gavernmcnt. 6.8 A11 technical decisions will be ba.secl on best availablc science. For purposcs of Watershed T'lanning in WRIAS 55 & 57, the WIT wil] use the critieria in WAC 365-195-905. For such elemcnts that include implementation by Inciian Tribal agencies, best a.vailable science eriteria may be modified to include best ava.ilable scienec determinations by tribal na.t-ural resource agencics or departments. 6.9 Technical advisory grotxp(5) a.nd/or work group(s) may be established by the WIT to provide reports and recommendations . , on speci6c issucs. 6.10 Annual report. On an annual ba.sis, beginning no latcr than 1 May 2009, and thereafter on May lst of each year or the next business day if May 1. is not a business day, the Lead Agency will deliver to the WIT members a. draft report detailing: a) the previous calendar years progress in meeting plan goals, b) nodng any proposcd changes in the Detailed Implementation Plan, and c) a.ny proposed changes in the Watershed Management Flan. 6.11 WIT Approwal, further procedures. 6.11.1 ThE annual report N01 bE considered by the WIT wit'hin the sixty (60) days for approval. lf approved by the VIIIT, the report will be forwar.ded fio a11 participafang parties and Implemcnting Governments. 6.11.2 Upon approval Uy the WIT, proppsed Plan changes will be . considered Cna.l aftEr thirty (30) days unlESS an Implementing 'Government or a majority of the npn-government participants RrRIA 55/57 E'hase IV MOA, V 17 7 submits awritten rcquest to the WIT that the proposed changes go `through a formal adoption process, subjecl also to provision 6.5. 6.11.3 The forma.l adoption process is the process followed cvhen the original plans wcre adopted except that for Watershed Plan amendment approval separate approval by the CountiES will serve in place of a joint meeting approval. In addition, the parties understand that the requirements of the Washington State Interlocal Cooperation Act. RCW 39.34 must be followed where applicable. 7.0 Funding: 7.1 Consiskent xuith ch. 90.82 RCW where applicable, grant funds, match and staff or other cantributed resources may be used for any purpose approved by the CTrant Autharity and the contributing entities, including the preparakion of technical reports for rEView by the WIT and/or technical committees and/or focus groups a.s approveci by the W1T. The budget will also be reviewed and approved by the WIT• 7.2 Parl:icipation in the WIT and/or technical commifitees and/or ~ focus groups by all participants, including officials and staff, shall be contributed time not eligiblE for reimbursement from grant funding unless expressl}° approved by Implementing Governments, consistent with the provisions of Chapter 90.82 RCW. 7.3 The Implementing GovernmEnts rECOgnize the financial burden watershed planning places on sma]lcr units of government and support their effort to secure outside sources of funding to ensure effective participation by these cntities. 8.0 Duration: 8.1 Th.is MOA becomes effective on the date as provided in scction 11 and terminaties 4years after such date. 8.2 NoC witihstanding 8.1, by written agreement signed by all parties to this MOA, this MOA may be cxtended an additional period as agreed, not ko exceed ttvo (2) yeaxs. 8,3 Any WIT Member may withdraw from this NiOA and the planning process at any time. If any member withdraxvs, that ' member shall not be deemed a party to any plan elements or .J agrEement produccd. Withdrawal must be by writtEn notice to the Lead Agency, effective thirty (30) days aftier receipt of notice by the I.ead Agency. Upon receipt of notice, the Lead Agency WRIA 55I57 Phase IV MOA; V17 8 shall communica.te the same in writing ko all signatories within ten (10) days. Awithdrawing party shall not be entitled to any refund or withdrawal of funds or resources obligated under this MQU absenti consent of the affected signatories. The withdrawing party's unobligated funds or resourccs shall be released to the withdrawing party. 9.0 Modification: This MOA may be modified or amendEd only by a subsequent written clocument, signed by all participatiing parties. 10.0 Preservation of Rights: 10.1 The parties ackno«rledge that Chaptcr 90.82 RCW providcs that the planning process shall not result in provisions which conflict with federally reserved tribal rights. ThEy agree that tribal participation in this proccss shall not constitute an admission or agreement; by the participating tribe khat any estimat;e of fedcrally reser-ved triba.l rights are binding on it, unless the affected triUc expressly so a.grees in writing at the canclusion of the process, and such tribal agreement is appraved in «riting by the appropriate a.gency of the United SfiatES Government (e.g. BurEau of Indian Affairs). 10. 2 Reports and data from original studies conducted by or on behalf of the Wl'I' are public records pursuant to 40.14.010 RCW (prescrvation statute). " 11.0 Effective Date: 11.01 This MOA shall become effective and commence upon exccution as explaincd hereinai'ter. Aft•er the Lead Agency obtains the signatures of the ImplEmenting Governments l_isted below, it givcs written notice to all the remaining parkicipants. The date of such notice is the commencement date. 'I`he deadline for giving this ncatice is May 1, 2008 unlcss extended by consent of the parL'icipants. 11.02 In the Event the Lead AgEncy determines, after a rcasonable effori:, that it is not possiblc to obtain the signatures of all parties listed, it shcill communicate the same to the remaining parties in wrii:ing. Any group of rema.ining parties may then agree to continue with the Agreemcnt as above provided. WFt1A 55157 Phase IV MOA, V 17 9 IN WITNESS WHEREOF, we the undersigned have executed this MOA as of the date as indicated. PEND OREILLE COUNTY: gy: Date: Dean Cummings, Chair SPOKANE COUNTY: gy; Date: Bonnie Magcr, Chair STEVENS COUI~TTY: By: Date: Tony Delgado, Chair CITY OF SPOKANE: $y. Da.te: Mary Verner, 1Vlayar ~ WHITWORTH WATER DISTRICT #2: By: Date: Irene Anderson, Chair VERA WATER & POWER: $y. Da.te: Rob Oeflein, Chair SPOKANE AQUIFER JOINT BQARD: gy: Date: Ty VVick, President WASHINGTON STATE DEPT. OF ECOLOGY: By: Date: Grant Pfeifer, Regiona,l Director WR.IA 55/57 Phase IV MOA, V17 10 CiTY OF SPOKANE VAI.fLEY= , gy; Date: Riehard Nlunson, I1+Iayar C1TY OF LIBER1'Y LAKE: gy; Date; Wendy VanOrman, Mayor CITY OF DEFR FARK: $y; Date: Robert uFhisman., Mayor I TOW1~ OF MI.i.LWOOD: gy• Date : . . Danitl N. Morlc, Mayor SPC)KANE ~OUNTl' CONSERVATION DiSTRICT; By 17ate= G-r:ra]d Scheele, Chair 'T'he Lands Councii: ' gy; I7ate; _ Mike Peter.sor-Y, Executive Director , . . . ' I WFtIA 55157 Phase ]V MOA, V 17 11 Approved as to form: Approved as to form: Robert G. Beaumier, Jr., Ron Arkills, Assistant City Attorney Deputy Prqsec'uting Attorney Ci of Spokane S okane Coun Attest: - Attest: Terri Pfister Danicla Erickson City Clerk Clerk of the Board Ci of S akane S okane Coun y Approved as to form: Approved as ta form: ~ ~ Attest: Attcst: tApproved as to form: Approved as td form: Attest: Attest: \ WfZIA 55/57 Phase IV MOA, V17 12 Attachment A Name ~ Repres ntinq Mike Lithgow Pend Oreille Count y Clay Nkrhitc Stevens County Llo d 13rcwer/Kris Graf City of S okane 7'odd Henry/ Steve Ski worth Vera Water & Power Susan McGeorge Whirivort.h Water RAger ICrieger Cit:V of Deer Park Clcve McCoul `I'nwn of Milhvoocl Ma Wren Wilson City of Libem, Lake Tavis Schmidt Cit y of S okane Vslle y Ty Wick S okane A uifer Joint Board Walt Edelen / Rick Noll S okane Counl' y Conservation District Sara Munt State Caucus / De artment of Fcolo TaAVe Jones S okane Count y Plwinin * Comm. Brian Walker / Mike 1'et:erson The I,.ajids Counci] Tim Vore !\vista Utilities 7"om Wirn y Diamnnd I.,ake ~ • Gret! Sweeney Floiks Lake Associatinn Jeff Storms Sacheen Lake Im rovement ]aistrict Howard Rowle y t-IorsesMoe Lake , Doug. Rider S okane County Wat:er Conservancy Board $can eVliller Residene Rob Lindsa y/ Reanette 13oese S okane Counl . WR(A 55157 F'hase IV iM0A, V17 13 CITY OF SPOKANE VALLEY . Request for Council Action Meeting Date: September 2, 2008 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business 0 new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Appeal Deliberation - App-02-08, 03-08 GOVERNING LEGISLATION: SVMC 17.90.070-080 . PREVIOUS COUNCIL ACTION TAKEN: NA BACKGROUND: This is the time for deliberation concerning the Closed Record Appeal, APP- 02-08, 03-08. The hearing was conducted on August 26, 2008. OPTIONS: Deliberation may be conducted privately with the City Attorney or in an open public session or in any combination of the two. The City Attorney will provide additional legal briefs pursuant to Council's request made on August 26, 2008. ~ RECOMMENDED ACTION OR MOTION: Council Discretion BUDGETIFINANCIAL IMPACTS: NA STAFF CONTACT: Mike Connelly, City Attor•ney ~ i CITY OF SPOKANE VALLEY , Request for Council Action Meeting Date: 9/2/08 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business x❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Discussion of Law Enforcement Assessment GOVERNING LEGISLATION: None PREVIOUS COUNCIL ACTION TAKEN: On July 1, the city manager presented to the City Council a proposal from ICMA Consulting to perform a law enforcement assessment that would inform and enable city elected officials to establish a long range strategic plan for the delivery of police services to the community. The proposal was intended to be responsive to Council interest in 1) gaining assistance in renegotiation of the aged contract between the County and C'rty for law enforcement services, 2) satisfying due diligence responsibilities by calculating an alternatives analysis that would identify the potential expense of forming and independent police department, 3) identifying baseline service levels as a potential benchmarks for establishing performance measures, 4) enabling a workload based system of deploying personnel to greatest effect in the community, and 5) ensuring that best practices in community policing are known and in use. BACKGROUND: Subsequent to the presentation made on July 1, the City Council discussed their perspectives on whether or not to proceed with the assessment and voted 4- 3 not to ~J proceed. During the discussion phase, commentary about the scope of services was registered indicating that the Council ought to have an opportunity to generate the particulars of a scope of services that reflect inquiry into the elements deemed of interest to the Council per se. The study session discussion scheduled for September 2 is intended to provide Council with such an opportunity. Several attachments related to the topic are included in the Council packet. They included a suggested discussion outline from Mr. McNutt, a copy of the ICMA Consulting proposal and a copy of a memorandum on outside agency contract oversight provisions found in multiple contractual documents used by the city in securing services from contract vendors. This document is intended to highlight the span of rights reserved by the City for evaluation, assessment, inquiry and access to vendor information customarily made part of its contracts for services delivered to the community. OPTIONS: 1. Discuss a prospective scope of services for a law enforcement assessment. 2. Give the matter further thought. 3) Decline further commentary n the subject. RECOMMENDED ACTION OR MOTION: None BUDGETIFINANCIAL IMPACTS: The cost of conducting a law enforcement assessment is related to the defined scope of services. Once the scope is determined, the cost can be calculated. The proposal from ICMA Consulting, based on the scope of services articulated in their proposal, was priced at $126,500 STAFF CONTACT: Stan McNutt, Discussion Facilitator Spokane Valley Study Session Agenda 9-2-08 I.aw Lnforcement Contrxct Optiotvs- Stan McNutt Facilitator City of Spokane Valley-Study Session Agenda September 2°d 2008 - Law Enforcement Assessment ♦ Intraduction -Facilitator's role, bxckground, procedures for reaching consensus ♦ Desirecl outcome: Gather and review operstting data as a nrecursor to further clecision making 1. Goals fc►r a study: To be detcrmined by the city Council so that a seope of services might be icientif ed. Tasks to undertake: i. Perfarm an analysis of crime trends, identify strengths and weaknesses, opportunities or threats ~ 'i. idenh'fy strategic obJ'ectives for SPokane ValleY la~~~ enforcement ~ iii. Perform a tactical anafysis of crime statistic.s, trcncls ancl recommended best deployment of resources in response. iv. Identify current bascline perfurmance (benchmarking) so serviee levels cam be determinea and performance measures can be establishcd. v. Others? Arcas of inquiry nr interest (random orcier). Any corporate additions or dcletions? 1) Calls for scrvice based deployment. (workli►adZ 2) Command and contral authority. 3) Risk managcment. _ 4) Liability. 5) Performance mcasures. b) Staffing levels-right sizing. 1 Saokaiie Vslley Stucly Session Agenda 9-2-08 Law EnForcement Contract Options- Stan McNutt racilitator 7) Work schedules. 8) Facilitics needs anci capacity. 9) Fleet nee(ts ancl capacity. 10) Communications equiPment 5crvice. 11) Sustainable funding. 12) Financial impacts-budgetary considerations-startup costs versus contract cscalatinn. 13) Grant opportunities. 14) Cost efficiencies. 15) Specifilty squiids 16) SCOPE or similar volunteer program. 17) Property crimes-allocation of resources. 1$)Dispatch services and priurities. 19) Multiple vehicle response to scenes. 20) Releasc of extra nn-scene units. 21) Community oriented policing. 22) lnternal affAirs. 23) Handling citizcns complaints. 24) Ethics. 25) Hiring Practices. 26) Regional services (specialties) 27) Stan da rds/certifications (NVSFA, CCLEA etc.) 2 cin ~ • 11707 E Spra$ue Ave Suttr 106 ♦ Spoknne Valley WA 99206 509.921.1000 • Fax: 509.921.1008 4 cltyhallfspokanevatley.org Memorandum To: Mlke Jackson From: Mlcheile Rasmussen Date: 7I2212008 Rs: Ouhids Agenclss ! Contract Oversight '1"hc Agreements and Proposals listed below contain the following information percaining to Ncrsonnel Policies, Guidelines, and Auditung procedures: InteriocAl Agreetnent VVit6 Law Enfoncment Services (Spoi:ane County) Page 14, Section 19.3 - General '1 erms: 7'hc records and docttmeAts wiih respect to all rnatters cvvetecl by this Agr~t~tnent ahall be subjcct to inspaction, review ar audit by COCiNn' or C1Tl'' during 1he term of this Ag.reement and three (3) years uRer lcrminaUun. Water Slide Agreement (SplsshdoR-n)- Page 4, Scction 5- Foc: 60 days after the c1osc of iu season, Lessee shall dcliver u statement of its gross cnceipts, ineluding supporting dc>eumentation, from I.esser's aperations on the Premises, setting out monthly gtoss r«cipt tigures tuid percentuLe iee computations for the cntire operatir.g season. Adeiitioually at the reyuest of ttu "County" (Gity) thc l.cssee shaU provitk a Fi.aancial Stntement Audit prepared by a qualified CPA on each year's operations. PLwc y, titction 19 - Lessee's Contractor's rmplo%-ees: Lessee shall conduct a background chccl: on all employees working at the watrr slide or uny coacessions apernW an the Premises. Lessee shall ensun that cach employee prescnts a neat and F}em appearance in pcrson and in dress wMe on duty aa the Premises. The Lessee shaU tFike immediatc remedial action, wluch shall include termination in t}ic event tiny of the Lessee's employees conduct themselves in an impropcr ar inappropriate manner while an duiy. Page 10. Section 24 - lnspection - The Lessee shall mak-e available tu the "County" (City) or its duly authorized representative at any time from Monday through Friday, during normal business hours, a11 records, books or pertinent information which the Lessee shall have kept in conjunction Azth this Agreement and which the County may be required by law to include or make part of auditing procedures or sudit tra.ils. Vo proposal is nttached. 1"MCA Agreement- Page l, 9 1 - Work to Be Prrformed / Exhibit B(Cit}• Request for Proposal): T-he contractor «zll be required to monitor all aspects of operations. Thc owner will reserve the right to inspect operations or sulicit a 3`d pam, qualified in such inspections. Inspections may include all Facets af the opertttion including lifeguard techniquz und training, lesson programming and maintenance procedures. 7'he contractor is expected to guarantee that all operation and maintenance as %%zll be agreed upon and set forth in the final contract are met. Page 2, - Payment: The City reszrves the right to audit records and receipts to verit actual charges and compliance with contract tenns. Upon final request for payment, tf , Ciry reserves the right to audit all invoices for the complete rontract period. Page 3, #7 - Relatioaship of the Parties: Any and all employees who pmvide services t tlle City under this Agreement shall be deemed employees solcly of the Contractor. 1 i Contraclor shall be solely responsible for the conduct and actions of all employees unc this agreement and any liability that may attach thereto. Pagr 3, 49 - Rrcords: The eiry or State Auditar or any of their representativcs shall have full access to and the righl to exanune during normal business hours all of the Contractor's rtcords wtith respect ta all matters cavered in this agreemeni. Such representetives shall be permitted ta audit, examine a.nd make excerpts or transcripts from such record tind to make ttudits of all contracts, invroices, materials, payTOlls and record of matters covered by this agreement for a period of three years f'rom thc date final paytnent is made hereunder. Page 4, #11 - Criminal Background Cbecks: Convactor agrees that it shall nat a.Sk ur direct any person to go to any City pool property in the performance of this Agreement whether the person is an employee or volunteer, unless that person has passeti a criminal background check by an agreed upon entity that performs criminal background checks as gart of its regular services. Page 5, #4.0 - Submittal Information /(Request for Proposal): All submitttils bccome the propcrty of the City of Spokane Valley and a matter of public record Aith lhe exception of those parts of each proposal 'which are defined by the contractor as business or trade secrets, and plainly marked as Trade Secret, Con.fidential, or Proprietary. The Proposal states the folloAring: Page 1-44.1D: Our hiring practices involvc the following steps Nvith specia] consideration given to our goals, diversity reqturcments, and objectives: Conduct a job analysis; prEpare a formal job description, determine recruiting strategy-using a variety ot'recruitment techniques to produce a diverse pool of candidates, Accept applications, interview prospects, complece referencc and background checks (performed by the `Vashington StAte Pakrol), hire prospective employees, complete new employee forms- includes verification of certifications, new employee orientation. (Each of these is described in detail on pages 2& 3 of the proposal) Dress Code Guidelincs are included at the end of page 3, Nvhich includes a name tag. Page 4, #4.2 - Financial Qualif cations: We employ accounting staff and adhere to YMCA financial policies and cash handling procedures. Our operation is audited by an outside accounting firm on an annual basis. Page 4, #4.3-C - Employee Training Programs: A schcdule and content for training the summer staff'te.am is included. (Attachment A is specific in guidelines for training) This includes the followine from page 8, 94.4-E: Otir Mcmber Services D'uector is a certified trainer in the YMCA's Simply Outrageous Service curriculi.un. This 4 hour training «ill be incorporated in to the orientation and training providcd to all of our sum.mer staff wor'g at the City pools. Pages 5-10, #4.4 includes a praposed Work Plan. Ln the plan, the following items are specific in naCure re: pcrsoxuiel policies and proceclures: PagE 8, #4.4-B - Quality Control processes: All YMCA Lifeguard pcrsonnel are required to record daily attendance, turr► in all accident reports to supervisor, hose and bucket deck Each evening after closing, check pool chenucals anci record, (notifying supei-visor of Lmacceptable levels.) Clcan office and locker room each evcning aftcr closing, store equipment in its proper place, inf'onn supervisor of any nEeded repairs, inspect aild }:eep pool area; first aid and life-saving equipment in readincss at all times. Page 9, 44.4-K - Record Keeping: Daily clEaning schedule, `Veekly cleaning schedule, Attendance, Chemical Testing, Work orders; Accident reports, In-service training, Course record sheets, ancl Prevcntative maintenance documentation. Senske Agreemeot- Page 3; #9 - Records: The City or State Auditor or any of their representatives shall have fiill access to and the right to exanine during normal business hours all of the I Contractor's records with respect to all matters covered in this contract. Such representatives sba11 bE permitted to audit examine and make excezpts or transcripts £rom such records and to make audits of all contracts, invoices, materials, payrolls and record of matters covered by this contract for a pcriod of three years from the ciate final pay7nent is made hereunder. Page 4, 411 - Criminal Background Checks: Contractor agrees that it shall not ask or direct any person to go to any City park property in the performance of this AD eement Nvhether the person is an employee or volunteer, unless that person has passed a c.riminal background check by an agreed upon entity that performs criminal background checks as part of its regular services. The Froposal includes the follotiNi.ng attachment 5.1D pertaining to their personnel policies: Page 1-Accident & Tnjury Prevention: Senske Lawn & Tree Carc Compauy and Senskc I'est Control Company recognize its responsibility to furnish a program wbereby our ernployees will be able to complete thei.r assigned duties in a safe ancl productive manner. To tlus end, Senske vvill provide training, personal protective equipment, safety devices; mechan.ical safeguards a.s wcll as requiring thE use of inethnds ancl process' to protect life; health, safety aiid welfare of its ernployecs, clients ancl the gcneral public. Fage 2- Accident Prevention Prograrn/Safety Orientation: Each employee will be given a saFety orientation by his/her immediatc supervisor when first hired. (A detailed description of the Prograni follows on pages 2-6, which includes Fleet sdfety on page 18)) Page 7- pisciplinary Pracedures: To provide guidelines for the enforcement of safety rulES; policies; procedures and directives from appropriate safety and mauaDement personnel. Evcry employee should clearly underscand the safety rules and resulting disciplinary procedures when safety rules are violated. (A detailed descriPtion of the disciplinary action for both Employees and manaDers is provided) I'aDe 19 - Hazard Communication Statement Yolicy: Each employee handling pesticides must be licensed by the Washington State Department of Agriculture. in the category of laws and safety as well as in all other categories applicable to those duties for vvhich tliey ,Mll be cmployed. Senske ~%ill provide all employees with appropriate traininp- and study materials to successfully qualify in each cate°ory. (A list of areas they %vrill be trained in follows on page 1.9) It is recommended that all employees obtain the necessary training to qualify for a first aid c.ertificate. Paue 20 - Evaluations: a. All work areas A111 be evaluated to identify unsafe conditions \ and work practices. Evaluations shall include a review of employee orientation and training materials, hazardou,s communication program, policics and procedures and routine inspeciions. b. Tnspections will be conclucted on a quarterly basis. c. Evaluations ' ~ . , shall also be performed whcn new substnnces, etal; are introduced into the work place...cont. Documentation vf said evaluation shall be kept in the Branch training file and a copy fonvarded to the Corporate Saf€ty Officer. I'age 20 - Inspections: Aft-er initial evaluation, inspections Nvill be conducted based on the criteria (inspection schedule included) Page 23-25 - Fersonal Protective Equipment: All personnel, including management and supervisory, shall wEar personal protective Equipment when in areas or performing duties so desigpated. (Provided by Senske and includes, eye protection, hearing protection; protective clothing, foot protection, and respirator protection.) Respirdtor fit tests are conducted to insure that personally assigned respirators continue to both fit well and offer the wearer maximum protection. The following information is c4mpleted or required of all applicants/employees: • Departmcnt of Motor VEhicle report (ean only have one license; in state currently living) a Backgound checks • Drug testing upon employment offer e 17rug testing if Compdny obtains evidence or rcasonable suspicion • Dnig testing if cmployee is imrolved in a workplace accident • Employee must report use of prescribed drugs that may affect the employee's judgment, performanc•e or behavior. oNo use of drugs creating drowsiness permitted during working hours (flulcold) Guidelines for 7.7ress Code and Behavior at work are included. Western Dance Assnciation Agreement- Page 4, Section 45 - Ow-nership of Improveme.nts: Any improvements and permanent fixtures rnade or placed on the Prcnvses by Lessee during the term of tlus Agreement shall be and remain the property ofthe (Couniy) City. Page 5, Section #9 - Repairs_ t~1ny alterations, replacements or renewals, the total cost of which exceeds $ 1000.00, shall receive prior written approval of thc City. Paee 7, Section 414 - Inspection: The Lessee shall make available to the City or its duly authorized representative at any time from vlonday through Friday, during normal business hours; all records, books, or pertinent information which the Lessee shall have kept in conjunction -Mth this Agreement and which thc City may be reqiured by law to i.nclude or make part of auditing procedtues or audit trails. - ~ . Interlocal Agreement for Road vlaintenance Services- \ Page 3, Section #5 -PCost of Services and 1'ayments: 17he CITY may dispute any monthly billing. In the event the CITY clisputes any monthly billing it shal] include in conjunetion '~A1th the monthly payment a lefter stating Mth specificity the basis for the dispute. Pages 3& 4, Seciyon #6 - Relatcd Responsibilities in Conjiulction Nvith Providing Services: The COUNTY or designees agree to attend staff meetings as requested by the CITY vlanager. The COLTiNTY or designees agree to meet upon request by the CITY Manager or hisJhcr designee to discuss any SerNzce provided under the terms of this Agreement. The CITY agrees the COUNTY may use the COUNTY'S stationery in conjunction with praviding Services under the terms of this Agreemeut. PaEes 4& 5; Section 987 Reporting/ Rccords Review; The CITY shall be allowed to conduct random revieNvs of the records generf►ted by the COUI~~''Y in performance of this -Agreement. ThE CITY ~~rill provide the COL)NTY Nvrith reasonable advancc notice of the records reiiews. If the CITY will be allowed to ,riew only those records directly relating to Serviccs pro,.ided «rithin CTT'Y'S corporate boundaries, then thE COLJNITY must keap a log pf original dociunents use.ci to charge the CITY, and those dociunents must have identifying numbers or letlers so the original source documents can be easily retrieved. Page 5; Sectipn 411 - County Employees: The COUNTY shall appeint, hire; assip, , retain and discipline all employees performing Services Luider this Agreement according to ' applicable collective bargaining agreements and applicable state and federal laws. The COLTNj 1'Y agre.es to meet and confer with the CTTY with respcct to staff that is assigied to proNide Services. Jssues of discipline or peiformancc lA2ll be speeifically handled accord'uig to COUNTY policies. P4ge 8, Section #20 - Records: All public records prepared; awned, used or retai.ned by the COUNTY in conjunction with providing Services under the terms of th.is Agreement shall be deemed CITY properry and sha11 be madc available to the Cl.'C'Y upon request by the C1TY Manxger subject to the atlomey client and attorney work product privileges set forth in statute, court rule or c•ase law. 7he COUNTY xill notify the Cl'1'Y of any public disclos'Lu-e request under e•hapter 42.17 RCW for copies or viewulg of such records as NN-ell as the COUNI'TY'S response'thcreto. 2008 Standard Spccifications - For Xioad, Bridge & Municipal Construction - M41-10 SCOPE OF THE WORK Page 1-22, 1-04.4 - Changes: The Engineer reserves the right to make, at any tune during ttie work, such changes in quantities and such alterafions in the work as are necessary to satisfactorily complete the project, Such chanees i.n quanrities and altcrations shall not invalidate the contract nor release the surety, and the Contractor agrees to perform the 1vork as altered. Among others, these changes and alterations may include: 1) Deleting any part of the work; 2) liicreasing or decreasing quantities, 3) Altering specifications, designs; ar " i - both, 4) Altering the way the work is to be done; 5) Adding new work, 6) Altering facilities, equipment, materials, services or sites, pro"ided by the Contracting Agency, 7) Ordering the Contractor to speed up or delay the work. The Engineer will issue a written change order for any change unless the remainder of this seccion proNides othenvise. (For significant changes, refer to remainder of 1-04.4) Page 1-27; 1-04.11 - Final Cleanup: The Contractor shall perform final cleauup as provided in this section to the Bngineer's satisfaction. The Engineer will not establish the Physical Completion Date until this is done. Thc Highway Right of Way, material sites, and all ground the Contractor occupied to do the Work shall be lefr neat and presEntable. The Contrnctor shall: l) Remove all rubbish, stuplus materials, discarded materials, false work, camp buildines, temporary structures, equipmnent, and debris; and 2) Deposit in embankments, or remove from the project, ttll unneeded, oversired rock left from grading, surfacing; or paving., The ContYactor shall no remove Nvarning, regulatory, or guidc signs unless the Engineer approves. CONTR4L OF WORK Page 1-28, 1-05.1 - Authority of the Engineer: 'T'he Engineer shall be sAtisfed that all work is being done in accordance «rith the reyuirements of the contract: The_contraet and specificadons give the Engineer authority over the work. Whenever it is so pro-vrided in this contract, the decision of the Engineer shall be final: prov-ided, hoNvever, that if an action is brought within the timc allowed in this contrac•t challenging the EngincEr's decision that decision shall be subject to the scope of judicial reNriew proilded in such cases under Wash.ington case law. (Guidelines follow in section 1-05.01) 1-05.2 -Authority of Assistants and Inspectors: The Project Engineer may appoint assistants and inspectors to assist in determining that the work and materials meet the contract requirements. Assistants and inspectors have the authority to reject defective material and suspend wrork that is beulg done improFerly, subject to the final dccisions of the Project Engineer or, when appropriate, the Engineer. (I.,imitations apply, sce remainder of 1-05.2) Page 1-29, 1-053 - Plans and `Vorking I7ra~vings: The Conuact Plans are defined in Section 1-01.3. Any proposed alterations by the Contractor affecting the requirements and informaiion in the Contract Plans shall be in writing and will require approval of the Engineer. To detail and illustrate the Work, the Engineer may furnish ta thc Contractor additional plans and explanations consistent «ith the original plaus. The Contractor shall perform the 1~~Vork according to these additional plans and explanations. (17etails continue) Page 1-30, 1.05.4 - Confomuty With and Deviations from Plaus and Stakes: The Special Provisions may require that the Contractor be contractually responsible for part or all of the project surveying. For survey requirements not the responsibility of the Contractor, the Engineer will lay out and set construction stakes and rnarks needEd to establish the lines, grades, slopes; cross-sections, and cur~~e super-elevadons. These s~ces and marks will govern the Confractor's Work. '1"he Contractor shall take full responsibility for detailed dimensions, elevations; and slopes measured from them. The Contractor shall not deviate from the approved Plans and `Vorlang DraNvings unless the Engineer approves in writing. «Then the Contracting Agency is responsible for roadNvay surveying and the Contractor t trims the Sub-grade with an automatic machine guided by reference lines, the Engineer Nvill set control stakes for line and grade only once after grading is complete. (Details continue) Page 1-30, 1-05.6 - Inspe.ction of Work and Materials: The Engineer may_inspect all Work and maierials for conformity w7th Contract terms. To eiisure the Enginecr's safety and access during these inspections, the Contractor shall provide any equipment needed; such as wal}cways, railings, ladders, and plaiforms. (DetAils continuc) Page 1-32, 1-05.9 - Egtupment: At the Engneer's request, the Contractor shall provide an operating and maintenance manual for cach model or Cype of mixing, placing, or processing equipmcnt before using it in the Work: (Details continue) The Engineer w711 rejcct equipment that repeatedly breal:s down or faiLs to produce rESUlts wit.hin the required tolerances. The Contractor shall have no claim for additinnal payment or for extension of time due to rejection and replacement of any equipmeut. Page 1-33, 1-05.13 - Superintcnctants, Ldbor, and Equipnient of Contractor: At all times; the Contractor shall keep at the Work site a set of the Plans, Specifications, Special Provisions, and Addenda. T'he Contractor shall dEVOte the attention reqlurcd to mak.e reasonable progcss on the Work and shall cooperate fully wikh the_Engineer and Inspectors. Either the Contractor in person or an authUrized rEpresentative shall rcmain on site whenever the. Work is underway. Before the Wark begins; the Contractor shall name in writing an esperienced superintendent ,vho understands the Contract and is able to supervise the VVork. Tlus superintcndent shall have full authority to represent and act for the Contractor. (Details continue) Page 1-33, 1-05.13(1) -Emergency Contact List: The Contractor shall submit an Emereency Contact List to the Engineer no later than five calendar days after the date the Contract is executed. The list shall include; at ttie minimtun; the Prime Contractor's Projec-t Manager, or equivalent, the Prime Contractor's Froject Siiperintendent and the Traffic Control Supervisor. (Details Continue) CON'1"ROL. OF MATERIAL Page 1-35, 1-06.1 - Approval of Ivlaterials Prior to Use: Prior to use, the Contractor shall notify the F-ngineer of all proposed materials. The Contractor shall use the Qualified Product List (QPL), the Aggrcgate Source Approval (ASA) Databasc, or the Request for Approval of\4atcrial (RAM) form. (Details continue 1-06.1 to 1-06.6) LEGAL. RELATIONS ANID RFSPOVSIBILITIES TO `l"HE PUBLIC Page 145, 1-07.1 - Laws to be Obsen=ed: The Contractor shall always comply NNith all , Federal; State, tribal or local laws, ordinances, and regulations that affect Work under the . Contrac•t. (Details conti.nue) The Contractor shall be responsible for the safety of all ! " workers and shall comply Nvith all appropriate state safety and health standards, codes, rules and regulations, including but not limited to, thosE promulgated under the Washington Industry Safety and Health act RCW Chapter 49.17 (VITISHA) and as set forth in Title 296 WAC (DoLn. The Contractor shall likewise be obligated to comply with all federal safety and health standards, codes, rules, and regulations that may be applicable to the Contract `Vork. (DetailS CAntinue) Page 1-49, 1-07.7(1) - Load _'L'units! General: `Vhile moving equipment or materials on any public Highway, fhe Contractor shall comply with all laws that control traFfic or limit loads. The Contract neither exempts thc Contractor £rom such laws nor licenses overloads. At the Engineer's request, the Contractor shall provide any facts needed to compute the equipment's weight on the Roadway. (Details continue) Page 1-51, 1-07.9(1) -Wagesl General: Thas Contract is subject to the minimum wage requirements of RCW 39.12 and to RCW 49.28 (as amended or supplemented) (Details conti.nue) Fage 1-53, 1-07.9(5) - Tlequired Documents: On forms provided bp the Industrial Staristician of Staie L&I, the Contractor shall submit to the Engineer the following for itself and for each funl covered under RCW 39.12 that provided Work and materials for the Contract: 1) Copy of an approved "Statement of Intent to Pay Prevailing Wages" State LR:I's form number F700-029-000. The Coniracting Agency will make no payment under ~ ttus Contract for the Work performed luital tlus statement fias been apProved by State L&I and A copy of the approved f4rm has been submitl'e.d to the Engineer. 2) A copy of an approved "Affidavit of Prevailing Wages Paid," State L&Ps fonn number F700-007-000. The Contracting Agency <Nrill not rElease to the ContYactor any funds retained under TZC`V 60.28.011 until all of the "Affidavit of Prcvailing NVages Faid" forms have been approved by State L&I and a copy of all the approved forms have been submitted to the Engneer. (Details eontinue) Page 1-54, 1-07.9(6) - Audits: The Cotitracting Agency may inspect or audit the Contractor's wage and payroll records as pro,,lded in Section 1-09.12 PaDe 1-55, 1-07.11(l Requirements for Nondiscrimination/ General Application: Jaiscrimination in all phases of contracted employmcnt, contracting activities and train.i.ng is prohibited by Title VI of the Ci,,il Rights Act of 1964, Section 162(a) of the Pederal-Aid Highway Act of 1973, Section 504 of the REhabilitation Act of 1973; the Age Discrimination Act of 1975, the Justice System Improvement Act of 1979, The American with I)isabilities Act of 1990, the Civil R.ights Restoration Act of 1987, 49 CFR Par 21, RCW 49.60 and other related lavvs and statutes. The referenced legal citafions establish the minimum requirements for affumative action efforts and defne the basic nondiscrimination provisions as required by this section of these Standard Specifications. (Dctails continue) . Page 1-59, 1-07.11(10)A - Records and Reports/ General: The Contractor shal l keep such recards as arE necessary to determine compliance Nvith the Contractor's equal employment opportunity obligations. The rccords kept by the Contractor shal] be designated to indicate: _ 1) `Vork Force Data; 2) Good Faith Efforts - Unions; 3) Gaod Faith Efforis-Recruitment; 4) Subcontracting. (Details on each provided) Paee 1-64, 1-07.15(1) - Spill Prevention, Control and Cotultermeastires Plan: Thc Contr~actor shall prepare a project specific spill prevention, control and countermEasures (SPCC) plan to be usEd for the diiration of the project. 'I'he plan shall be submitted to the Engineer prior to the commencement of any on site eonstruction actiNities. (Details continuc) Page 1-69, 1-07.18 - Public Liability and Property Damage InsurAnce: The Contractor shall obtain and keep in force the folloNving policies of insurance. Thc policies shall be with companies or through sources approved by the State Instu-ance Commissioner pursuant to Chapter 48A5, RCW. Unless otherurise indicated below, the policies shall be kept in force from the execution date of the Contract until the date of acceptance by the Secretary (Section 1-15.12) l) Ovniers and Contractors Protective Insurance 2) Cocnmercial General Liability Insurxnce 3) Commercial Automobile Liability 1,nsurance (laetails continue) Prior to Contract execution, the Contractor shall file with the Department of Transportation, Contract Pa}ment Section, P.O. Bos 47420, Olympia, WA 98504-7420; ACORD Form Certificates of Insurance evidencing the minimum insurance coverage reqiureci under thESe Specifications. PROSECUTION ANsD P1ZOGRESS Page 1-51, 1-08.4 - Prosecution of WQrk: The Contractor shall begiu `Vork ~,Nrithui 21- calendar days from the date of execution of the Contract by the Contracting Agency, unless othenNzse approved in ,~Nriting. (lletails continue) Page 1-85, 1-08.8 - Exlensions of Time: The Contractor shall submit any requests f.or time Extensions to the Engineer in writing no later than 10-warking days afZer the delay occurs. (Details continue including formula tv calculate liqiudated damages for f.ailure to eomplete the physical Work of tt Contract on time) MEASUR.E.N9ENT AND PAYMENT an Page 1-111, 1-09.012(] AuditslGenEral: Tl1e Contractor's wage; Ra~TOII, d cost rccords on this Contract shall be open to inspection or audit by represEntatives of the Contracting Agency dw•iug the life of the Contract and 1'or a period of not lcss than 3 years after the date of final acceptance of the Contract. The Contractor shall retain these records for that period. The Contractor shall also guarantee that the wage, payToll, anci the cost reeords of a11 Subcontractors and a111owcr tier Subcontractors shall be retai.ned and open to similar inspeccion or audit for the same period of time. The auciit may be perFormed by employees of the Contracting Agency or by an auditor under contraci N,%7th the Contracting Agency. The Contractor; Subcontractors; or lo-vver tier subcontractors shall provide ; adequate facilities, acceptable to the Ena neer; for the audit during normal business hours. 'The Contractor; Subcontractors, or lower tier subcontractors shall make a good faith effor[ to cooperate,"ith the auditors. If an audit is to be commenced more than 60-calendar days after the final acce-ptance date of the Contract, the Contractor Nvill be given 20-calendAr days notice of the time when the audit is to begn. If any litigation, claim, or audit arisine out of; in connection %Anth, or related to this Cantract is initiated, the wage, payroll, and cost recsrds sball be retained until such liti€ation, claim, or audit involving the records is completed. Page 1-112, 1-09.12(3) - Requircd Documents for Audits: As a minunum, the auditors sha11 have available to them the following doc_uments: 1) Daily time sbeets and supervisor's daily reports, 2) Collective Bttrgaining Agreements; 3) Insurance; welfare, and benef ts records, 4) Payroll registers; 5) Ettrnings records, 6) Pa}jroll tax forms; 7) Material invoiees and requisitions, 8) Material cost distribution worl:sheet, 9) Equipment records (list of company equipment, rates, ete.), 10) Vendors', rental agencics', Subcontraetors', and lowcr tier subcontrac•tors' invoices, 11) Contracts betwEen the Contractor and cach of its Subcontractors; and all low-er tier subcontractor contracts and supplier contracts, 12) Subcontractors' and lower tier subcontractors' pa}meni certificates, 13) Canceled checks (payroll and vendors), 14) Job cost reports, including monthly totals; 15) Job payroll ledeer, 16) General ledger, ] 7) Cash disbursements journal; 18) Financial statements for all years reflecting the operations on this Contract. In addition; the Contractine Agency may require, if it dEems appropriate, additional financial stateinents for 3-years preceding eYecution of the Contract and 3-yeazs following final acceptance of the Concract; 19) Depreciation records on all company equipment whether these records are maintained by the company involved, its accountant, or others, 20) If a source other than depreciation records is used to develop costs for the Coniractor's internal purposes in establishing the actual cost of owning and operating equipment, all such other source documents, 21) All documents which relate tn each and every claun together Nvith all doz•uments ~N.-lvch support the amount of damages as to each claim, 22) Worksheets or software used to prepare the claim establishing the cost components far itenis of the claim including but not li.mited io labor, benefits and instirance, matcrials, equipment, Subcontrac[ors, all dociunents which establish the time periods; individuals u1volved, the houus for the indiNiduals, and the ratES for tlie indiviciuals, and 23) Workshects, sofltivare, and all other documents used by the Contractor to prepare its Bid. An audit may be performed by employees of thc ContACting Agency or a representative of the Contracting Agency. 1fie Contractor and its Subcontractors shall provide adequate facilities acceptable to the Contractine Agenc}° for the audit during normal business holus. The Cantractor and al! Subcontractors shall cooperate with the Contracting Agency's auditors. TEMPORARY TRAFF1C CONTROL Page 1-121, 1-10.3(1) - Traffic Coiitrol I.abor: The Conh-actor shall fiunish all personnel for flagging; spotpng, for the execution of all procedures rclated to temporary traffic control i-. and for the setup, maintenance and removal of all temporary control devices and construction signs necessary to control traffic during construction opcrations. Workers engaged as flag,gers or spotters shall wear reflective vests and hard hats. Dtuinn hows of . \ darkness; white coveralls or white or yellow rain gear shall also be wom. The vests and % other apparel shall be in conformance with Section 1-07.8. Pagc 1-121, 1-103(1)A- Flaggers and Spotters: (excerpt from addt'1 details) All flaggers and spotters shall possess a current flagging card issued by the State of WA, OR, MT or ID. The flaggino card shall be immcdiately availablE and showr► to the Contracting Agency upon request. ISS Contract (Private Janitorial firm for CenterPlace) City has full access to and the right to examine during normal business hours all of the Contractor's records with respect to all matters covered in the contract. All drawings, plans, specifications and other related documents prepared by ISS under this aa eement shall become property of the City. ISS employces must pass a criminal background check before working in a park by an a€reed upon cntity. Senior Center MnU , City retains the right lo examine fee struchLres and request changes to ensurE faimess. Spokane Counh' ]a►strict Court Agreement-(11'iisdemeanor Offenses)- Jail Services Agreement- Animal Control Services Agreement- Public Defender Ser-vices A;reement- SE•C110N ;98: REPUR.TIFNIG Reports - The Court shall provide the City with reports documentine actual usage under this Agreement. T}ie Farties agree that the tcrmuiology "°reports documenting actual usaae" means that type of infonnation provided by the Court (County/l'ublic Dcfender) to the City in ihe 2004 agreement for Services. An updated report shall be submittcd quarterly unless othcrwise muttlally agreed by the 1'arties. Such reports shall be in a format as mutually agreed to beh.~vecn the Parties. T'he content ancUor format for such reports may be changed from time-to-time by vvritten agreement between City ancl Court (County/Fublic Defencter) staff: Records Review - The City shall be allowed to conduct random reviews of the records generaled by the Court (County/Public Defender) in performance of this Agreement. The City vvill provide t}ie Caurt (County/Public DefEnder) with reasonable advance notice of the records reviews. T'he Parties agree that they will make best efforts to achieve a ~ resoluuon of uny patential records confidentitilit}' issues, includuig entering into con5dentiality agreements or other similar mechanisms that will allow disclosum af the necessary information to accurately c~onduct a records review. If the City will be allowed to view only those racords dinetly relating ta 5ervices provided within City's corparate boundaries, then the Court (CountylPublic Defender) must keep a log of original documcnts used to charge the City, And those docurnents must have identifying numbers or letters so the original source documents can be easily retrieved. SEC"I'ION #1 l : COUNTY EMPLOYFES The Court (County, I'ublic Defender) agrees to meet and confer with thc Cit}- w•iih respect to staff that is assigned to prnvide Senices. SFCTION 420: RECORDS All public records prepxred, owned, used or retained by the Court (County) in conjunctioa %vith pro,%zding 5ervices under the ternis of this ARreement shall be deemeii Court (City) propcrty and shall bc made availabie to the City upon request by the City Managet subject to the aitorney clicnt and attomey wark product privileges set fnrth in statute, court rule or case law. Tbe Court (County) will norify the City of aay public disclosure request under chaptec 42.17 RCW for copics of viewinc of such records as w•ell as the Court's(County's) response thereto. ICMA LeaGers af fhe Core of Better Communities Proposal Assessment of law Enforcement Services for The City of Spokane Submltted by: iCMA Consulfing Services intematianal City/County Management Association 771 Norfh Capitol Street, NE - S;_)*;`e washington, DC 2X, U2C7!Il6tt JGmC7 ICMA Leaders at the Core of Befter Communities May 27. 2008 Mr. Dovid Mercier City Manoger. City of Spokane Valley 11707 E. Sprague Avenue. Suite 106 Spokane Valley. WA 99206 Deaf Mr. Mercier: i he Public Safety Services team of ICMA Consulting Servlces is pleased to submit this prdposal for on assessment of law enforcement services to the City of Spokane valley. washington. As yov know, ICMA has provided direct services to local governrrzents nationwide fo{ decades, which have helped ta improve the quality of life for miliions of residenis in the United States and akxoad. This proposal Es Specifically designed to provlde your city with a thorough and unbiosed solution fo the questions facing your cammunity regarding the delivery ol pofice services. Because this issue will have a dromatic impocl on the City of Spokane vailey tor mony years, ond because the City must have complefe confidence in the outcome of our report, we have assembled v+fiat must be considered a premiet team o` sub}ect mafter experts with nationally recoanized expefise in o wide range of law enforcement related areas. 1CMA Es focused on fully addressing all ot the issues that snould be studied in advancs of 1he decision making process so that you and your elected aif►cials will have a complete, in-depth review not onty of the cuRent levels of police services but what the options are far ihe future. Our entire project management staff has decodes of experience supporting clients fn the locol govemment, state and privote sectors os well. Because of the expertae thol each of these persons bring, you can expecf the highest qualfiy solution at a cost equal 1o approximately that of one fvll time pofice officer with benefits for one year ar less. From on enterprfze-wide perspective, we guorantee an honest-broker solution for your jurisdiction's challenge. I, olang with my colleagues ot ICMA, greaiiy appreciate this oppartunity and wouid be pleased to addrass any comments you moy have. You may contact me at 202.962.3585 or via emafl ot agamett@icma.org. Sincerely, , A.T. Garnett Senior Manager, Markeiing and Operation;, ICMA Consulfing Service5 ~ ICMA Back round dntemQffanaf Clt,+lCountlr Nlc~~~gemerrt Association (ICM.4} ine Intefrlalionak Ci1Y./County Managerrtieni AsSoeEp00n (ICMA) is brre prerniai 404-Cil govemralent leadership arrd manQgerrten1 organization_ S[nce 1914. OCMA's missio7'ti I-ius been #o crecie excellence fn locol governance by developing and Fostaring professionol Iocol govemmen# rncinagement w(xIdwide. Tarr.+ard th~~ erid. ECMA provides an infofmation c1earinghouse, technicel ossistance, and troinPng and profies5lonal develapment to mare thcin 9.1 GO ,ehlef appnirrted adminWtrafors, assistantadrninlstra`ors and other indiaiduals throughou4 the vvcarld, Tha Qrganixotian's resaurces and sen+iees reaCh tt-iousonds oF 1ocaL 5fici#e, and feciercal govefnment p+ef5onnel. a+cademic5, pri•+rci3e sector pro€essfonals, citizer,s, arrd crthee Encfivlduols with cin irsteres: ln ezfective rnanagement at khe locol governrneni Keuel. IChtiA's mernbers rapresen# the odmdnfstrative c-i~-;nFer of profes5lanal m ur,icipril counly, Gnd regional servlces that offeci mifllons oF urban and rurol cif[xens on a dai3y L-:vJ .-,:.,J CJfe FeSpon5ibNe fof the tf.kC3dGfShfp th,"7t eF'IsUfes Stfateg4C #,.'coi'FoR11c gfow{`h aflci mc~nagQment of pub1ic servfces and infrmfructure p1ctrrn1ng, anvestrr7eTit. Qnd deveivpmen#. Every day, Ioca1 governmenf monagers determine policy, progror nr,+,-.g. furidirrg. and sfirafegic decisions that impoct the abfk'rfy of 9ocral resaurces ta deal w[th sifuatiorrs oF a1l types, incaucfong the Manogerraent and opefa#`rons of public 5afc4ty far.d' I e g+ol deparfinents, Lacol gawernmen fi rrranergers serveas Ihe " h u b o# the whe~,=:,,c:oordinatir~~ e'l forf: nnd impIemPntirig stroacfgies for moximun) eff~clliweness trnci efficgency. iCMAConsuffing Ser0ces Tfl' 1CMA COP350ff1g SEfYfceS teC]fl`1 rE~lp5 c[3R1T71iJC11lIeS SolVe GFiiIG{7l pfC3b!@tn5 by orovidirrg rnanogemerit conSUEtin~ support tc) Iocal gouernments_ One of ICd+14A ~~~s0tirrg Servrces` expertise is puaiie safety se;vices, whicl, er~contipasse5 the folIovJna oreas rand beyond: org(anlzptional develcrprr7en1,1eadershCp cr~d ethics, troGning, ossessmerrts of caIIs for 5ervice wor'k1oad. s#affing requiren78nfs nnalysws, designing standards anCi hiring guidelines far poIiCe and fire chief recEUifmenl, police/fire ccansofidaticn, coFnmunity arienled polickng, and cityleounty1reglonai m~rge;-s. fihe 4CMA PubGc Scife'h-y SeMce5 tetsm Is leci by Leonord Matorese. directar publi.: saF€2#y Ses'veces. fCMA Ct7n5r.rff+ng ServiceS. Lecsnord, aSe,ng v.Fl?h a feorr'i of hFghIy expedenced, hand s~~~~~~ consultan#s svpport a nurrrber caf publlc sa#ety 5ervice3 proJecfs for jvrisdicicon5 nofiion,vide_ gualifica#ions Arnorag 1CNtiA.'s mony acfiuitrec, ii ossists lacal aovemments throQgh a varleiy of prog-ams thriF focus on specEfc ltcol gavernment concerns including pub3ic safe'fy and tire ond police psotection. IChJIA's focus 15 ors 6hf~ marogemerr# pt~rspectlve in crgonizing onci o;pera#`ng these areas. For this purpose. fCMA Corisulnng Ser+ticcs octs css an ot~jectivc- ❑nci trusTed broker foppirtg into t°he knowledge of the ossociat+on"s membeeship F~~sc- orld combinlr~g expertise frorri other approprsat~ experts to offer innovaflve idecis. Iesson~ Ieorned, and leodIng practbces to eommunl#ies facing -aimiiof cha&Ipnges. The progrQrri pfovides proc tical adv9ce an r1 resources. thoi local govemrnent mona qer a nd 5toff need to impeove services onci service delivery in fheir corrrmonlt5es. Prolec# Understandin Based U on Si#e 1+rlslt Ba s€:d upo n a site visii con d uc rad b'y i_e 0 r-v~rci M.ntciIn, Cc}n s«!14rng .5 _rvi ~uerf 1i-ie foIlGvvFn g Synop5i5 vF 5pfwk ~,,n & V a I:-_Y y- E,uI rr,e~.•~~~. 3 The city wishes to determine the effectiveness of a relationship between the County Sheriff's Department of Spokane Valley versus understanding the ramifications of creating its own police department. In both cases, the cIty wlshes to have in ploce proceues ond procedures to measure serviCe per}ormvnce. Thls will Involve provlsion of quantitative rnethods to determine the appropriate staffirtg levels within the cfty's tiscal constraints and fhe clty's polfcies regarding levels of pubJic saiety service. The City of Spokane Valley cumenfty contracts for police services with the Spokane CounTy Sheriff's Department. The prlmary objective ot this project is to pfesent to the City with an unbiased review of the pasitive and negative romifications of renewing its contract with ihe Sheriff's Department versvs estab(ishing an independent police department. The city also has on interest to introduce routine performonce meosurement ond to estabfish current {evels of performance and workload in police and to identiiy opportunities for fmproved performonce. Based upon the information 9enerated by this project the city elected affic+als wiN be posftioned to establish a long range strategic plvn for the delivery of police services to the community+. Prolect's Scope of Senrtces The City of Spokane Valley currently contracts for police service5 with ihe Spokone County Sheriff's Departmenf. The primary abjective of thts project ls 1o present to the City with an unbiased review of the positive and negofive ramffications of renewing its conhoct with the Sheriff's Ospartment versus establishing an independent police depnrtment. The project will cvnsist a` rfine STAGES with o totol lifetime o; 120 doys. The propasnd timeframe is fram Juty lf' - November lsI. Some of the stages wiU occur simultaneously. ICMA will ossemble a team comprised of ICMA professional staH as well as subject matter exaefts. Each stoge of the proJect wi11 be led by o SME. ass+sted by otnEr members of ine team. A braakdow,r o1 what will occur in each slage follows: Stage One (Completed) - PrQllmlnory On-SMe A.ssoumenl. 1hE on•site assessment allowed ICMA to better understand thte city's operations. tour ihe coty, visii police stotion and to meet with the sheriff and command staif. Stage lecader: Leonvrd Motarese Sfags Two - Workload and Dsploymertt Molysts - ICMA will provide Spokane Vafley with a currenf, highly detoiled worlciocad and deplayment analysJs. Utilizing operotions reseorch moihematical approaches this stage includes anatyimg the city's calls for service demand as well as officer initioted activities: officer deployment, pertomiance measures, stoffing levels (right sivng), and woric schedufes. A full respanse time analyrsis wiif be provided as wall. This reporf will be provided with detailed charfs ond graphs as well as fn depth written anoiysis. Stage Leader: Kenneth Chelst, Ph,D. Stage Thr" - Pollce Una Operatlons As:essmeM - Review in detait the daify field operations of the agency, communications and record keeping, comporing it to be5t pracfices. Thls sfage includes a review of command and control o' patrol force5, specialty squads, criminal investigations, cnme scene iorensics. Stage (threel Leader: James Gabbard S1age Four - Pallte Staff Operalions Assessmerit - This stage wi11 review in detail ihe staff operations urilized by fhe Shariff's Office to provide servicos to the city, including 4 communications, equipment and facilities, uniforms, weapons, radios, etc. It wfll identify the eyuipmenf ond faci{ities which would need to be ocquired by ihe city should an independeni deportment be estabfished. Special atfention will be given to identificatlon of state of the ari technologies currently avalable to police teaders. Additlonally, ICMA will explore reglonal possiblllties wlth the City of Spokane and Sheriff s office and ather munlcipa) entlties that are ln close enough proxlmity where it makes sense to partner. Stage Leoder: Wiltiam Berger, Esq, Stage Five - Financlal Anatysls - Review current finoncial situation and casts ta malntain cuRent department. Determine operational impacts. Develop the ofher stort-up and operating cosis and look at options for flnancing ihe facilitles and equipment costs to orrive at onnual operating costs that would ref{ect a typical city pollce department operation. Thfs stage includes reviewing the city's sustainable funding, financial impacts ond budgetary considerations. Sfage Leader: PaMcla KetNes, Vfce PreSidenl 8. Director of Quantitative Services, ConSUlting Service5. Springsted Inc. Stage Six - legal/Rtsk Management Anotysla - Review of cuRen'l and fUture contract arrangemenls. This stage includes risk manogement and deteRnining curtent and future 1lobilities. Stage Leader: George Aytesworth, Esq. Stoge Seven - Communtty Pollclng/ Intefnal Aftalrs/ Vlctims Sefvlces - Revlew of existing systems to provlde citizan access to complaint system. lnternal offairs processes, community popcing efforts ond crime victim services. Srage leacler: Chrisfine Cole Stage aght - Recrvifinent/Selection - Cunent Sheriff's Offices practices will be revlewed and compared to best practices with particular attention to Identificotion of recruiting / selection activities designed to attroct and retaln hlgh servlce oriented officers, utilizing systems developed by the Depariment ot Justice, Community Oriented Pollce Office. Hiring in the Spmt of Serv(ce Project (HSS). Addltionally, this stoge will focus on promotional processes cansistent witn the Law Enforcement Leadership Initiative (lEU) project of the Department of Justice. 6ureou of Justice Assistance. Stage Leader: Leonord Motarese Stage NInQ - Hhlcs/Tralning - Current practices wfH be viewed wilh an emphasis on the lovel oi commitment made to strengthening efhlcs component of in-service training activities. Additionol focus will be placed on toctical and operational training and developing problem solving capabifities within patrol force. Outfine will be developed describing 'best proctices" training approach to be adopted with estabfshment of new agency. Stage leader: Frank Straub, Ph.D. Oaportunltles for Improvement To examine wheiher or not patrol resources are efficienily deployed over 24-7 time petiod, we will graph deployment levels agoinst woricloads by time of day, doy of week. and by patrol oreas. We wlll analyze and graph police response tlme by call prlorlty level and shift to idenNfy signiiicant patternsldifferences in police respflnse. These response time anafyses will also seporate out and analyze the componenti of poGce response ca►I queue time, iravel time, and time on scene. Consequentiy, a series of trend charts, maps ond data tables wll describe police response time in detail ond will provide the vadables needed for developing a plan bosed on Operotions Research methods. we will observe ond meet with dispatch operations to determine the extent of best practices employed to efficiently dispatch potrol units. We will discuss and document the extent that the police QUtrol managernen' i5 Opp!yir1g prinCipIvS o` perfarmancc bosed ; ma nageme rifi cind eont;nuou$ Jmprvverti°ten# fiea ef fcie ntly utliize police resources. We awiIi expEore 'with the pa°trol divLSCon, d+e#ective dNVaslon ar~~ ~pecia1 Operations strafegies i`or impro+ring cdme peevertfiion and cdme solullon octlvitGes. Y++e wfll then ecxtploy Op-erafioes Research modeis vf police patrol fio determine hov,r mvch response twme czrrd proac#ive pa#ro9 m[ght be iriiprcrved Wth better arigrrment of resaurces and workloods. PatoI Force = Anc~lysis +~f Datd and Patrol Force Plannina Eac'kground - PoNce PQlrcl = Palice ciepartmen#s u#ilze lheir p[atroi forces in two modes. reactively to ~espond fio caIls for seirvi~e anci prooctively to odciress &me prob1ems as well ongcring nu€sance f~sues. (See F7gure 1.) De#ect1yes provide another efemeni of a pdmcrily reac#iae forca, seeklng #o sofver crlmes thtrt have already be€:n commi fted. Po1ic1es & Procedt~res Process Managemerrt Cl6zen Expe.#abori Contkn~ucrus [rnprvva+,rne ' Citizen CornplairaRs ~ Cit`sren ~alisfactitrn ' Rnponss t~e Reductlon Feadbaek Lavp ~fJ~YI~FI 'iargeted Grime Reduc't1oat .iti~~n F~~~ Cuenrr~ssr~~ityl~~.*r~ora-~an, : I.,dverage F~esousus ~ ; F1exible and CmaSlve ~ ;sMathMo-iel AIIOCatifln Police Ratrol. Reactive an+d Proactive Fl~aci~TGif - LiYiL'd!4. ti1 c- g'°~' u H"sgh priodty calls -cifizens expech extremeiy rcp`d desponsr o Moderate Priorlty c:cadls - Best practice depesrtrnents rrEo(ioge c1lizem' expGctCC1rtIC7f1 b!f' lett1fTr~ them krIC1W Q r8C]ll5f1c f~spQn5e ttme C13"lCj theR'1 i'➢7eetI! 1g C]!f SLFfpo5319'1g i I'1e6f eKp6Gtatlof1, If there 1s ar°i unexpeeted further delay, the d#tz8n Cs contactedMth up-tcrdate informatlon zi Low priGrifiy coIls - BF-ist praGtice dsepQrfments find F-recitive SfrOtegkCs 5-Jcn os cs ielephone crime reportlng sn as to free up the patrol force for either rop`sei response fio a high prlofity coll oe to cantinue with erume-,dlrectac71 cctavities z) or,-Scene har,drfng: The manner in wnsch Qpolice o#fcer r,ond[es h1'rr,selF or herself crr-scene plays c cff ficaJ roke 1n de+velop+ng vr idescourraging citizerr support fvr the poN+ce deparEr'nenk Ropia response to the highes# pna6#y col'15 can sometirr3es mecn the d6fference between I+fe ond dec+th faufi i5 urrffkely to broadly influence ihe crime rate. Maet3ng or exceedireg cifizen expectatierru redLices the number of cltizen complaints and lncreases comrrunity support ft>r the pofice departrrsen#. Communi9y support i5 a cratfcol element in ~eve1op'irtg a proactlve crime difected patrol force. Kiih cceurate cr-ed timely dolo. a police depar#rnent can reduce response time by cdapfing a p'hifosophy aE data driven confinuous irnprovement that osually enxc'ias frst finding the multiple ro-ofi cc=5 of slow response arrd #hen changing operating policies #hafi contrib-ute #o the problem. They con 6 also reduce response time by making data driven sirategic decisions that better match patrol force levels wlth pofice patroi workloads. roac-tivelv - Police initiated in co aerotlon with citizen~c u Police deportment5 use detailed crime data to develop both short-term fargeted activities and long lasting sttategic inltiatives :3 Police departments can use specially assigned units in conjunction with the In- between call time of the patrol torce o Periormance meo5ures and accountability of management Es a critical e!emenf of this strafiegy o ACtivlties need to be tracked so as to determine ihe+r effectiveness and to continually evolve so as ta re5pond to chonging crime paNems Projecf Dcta Analysls 1. Document current potice patrol perfoRnance ond warkload levels 2_ Estabrish a range of performance goats and objectives for the Police Departrnent 3. Identify opportunities to improve on periormance with existing resources a. Estimate the manpower requirements and ossociated costs that would be r7aeded to ochieve city ond poGce monogement specified performonce objectives 5. Provide gufdance on roufine standard reporfz thot should be used to track performance 6. Evaluate the city's crime rate and conduct o crime onaly►sis to identify "hat spots" and evcaluate current policing shategies to deol with them. 7. Review organizationof structure and staffing ond propose appropriate changes. CuRent Performance we will analyze In-depth four weeks of summer data ond four weeks of winter dota and assess voriafions by time of day, day of week, season and district. The analysis will include QII of the fol,owinc,: aJ Fatrol deployment levels b) Average response time to different call prioritles c) Proporiion of calls fn each category for which response times vre unacceptabiy long. For example, we wlll determine the proportion of high priority calls that experience response times oi longer than 10 minutes ciI Documenf time perfods during the week in which response times seern excessive eJ Average and medion time spenl on calls wifih different priorities t} Proportion of calls with unusually long time spent ort-scene g) Proportion o( calls requirina more than one patral unit h) P.esources allacated to proactive potrol 1} Resources consumed on non-volue addea activities 7 Proiect Staffina and Organization Team j -1 Leoder Leonard Matarese, M.P.A. ICMA-CM, SPHR, IMPA- CP ICMA D.'recfor of PubLc Satety Program Sr. Sr. Manager, ltesearch Markecing Analyst, and Public Operations, Safety 1CMA Progams, Consulting ICMA ~ Sendces Consultincy Scrvices A.T. Dov Gamett, Chelst, A4.B.A. Ph.D. Senior Senior Senior Senior S~Nor Senior Ser~ior Direcfar of Pubfic Public Public Publoc P~bl3c Public Public Quantitative Safety ICN~A Safety IC~V~A Sa4efy ICMA Saf@ty IC~IA S~fey ICMA Safety ICMA Safeiy ICNI.A Services, Consuliant Consultant Consultant Consultant Consvltanfi Consultan~ Springsteci Consultani pata Police Line Operations Police Leg~al Police Stoff CiilZen 8, Inc. 7roining 8. Colleclion & Operofiions Research Issves Issues Victim's Eih9cs Analysis Rela9ians Frank David JQmes Kenneth George Wifliarn Cnristine Pofrrc+o Straub, Merifri, Gabbard, ChefsP, Atysworih, &erger, Cofe Ket'fles, Ph.D. Ph.D. B.A. Ph.D. J.D. M.A., J.D. M.A..IA.P.A. M.&.A. ~ $ Project Director, ICMA Director of Public Safety Programs leonard Matarese, M.P.A., Dlrector of Publlc Safety Progroms, ICMA Consult)ng Services Role Mr. Matarese will serve as the team leader and on-sifie coordinafor for the project. He will communicaSe with administrative staff and coordinate all on-site team efforts. He will also contribute to development of a communifiy policing/problem solving strategy which will contribute to the ultimate scheduling configuration recommended. He is the individual to contaci conceming questions aboufi this proposal. Background Mr. Matarese is a specialist in public sector administraTion wifih particular experfise in public safety issves. He has 39 years experience as a law enforcement officer, police chief, public safety director, cifiy manager and major city Numan Resources Commissioner. Ne was one of original advisory boord members and trainer ior the firsfi NIJ/ICMA Community Oriented Palicing Project. He has conducted numerous studies of emergency services agencies with particular afiienfiion to ma4ching staffing issues with calls for service workload, and is iniimafiely familiar with the constraints on manpower deployment resulting from a 10 hour workday. Recognized as an innovator by his law eniorcement colleagues he served as the Chairman of the SE Quadrant, Flarida, Slus Lighting Strike Force, a 71 aaency, U.S. Customs Service anfii- tsrrorist and narcotics task force and as presidenfi of the Miami-Dade County Police Chief's Associafion. He is currently a Steering Committee Member ofi the Departmeni ofi Justice, Law Enforcement Leadership Initiative and a member of tne Advisory Commiftee for the Department of Jusfice, COPS - Linking Law Enforcement Infiemal Affairs Practices and Community Trust Building" project. He holds the Crecientialed Manager designation from the ICMA, the Certiiied Professional designafiion from the International Public Monagemeni Association - Human Resources and the Senior Professional in Human Resources designation from the Society for Human Resource Management. ICMA Stofi Assigned to Projecf A.T. "Akia" Garnett, M.B.A., Sen(or Operations & Marketing Manager - ICMA Consulting Services Role Akia Garnett will serve as the primary point of contact and will manage the entire project schedule from contract execution to completion of final project cieliverable. As accoun9 manager and liaison to the City, ICMA projeci management staff and consultanfis, she will work closely with entire project team to ensure fihot all project miles4ones have been met and to mainSain qualiiy assurance. 9 Dov Chelst, Ph.D., Senlor Research Analyst - ICMA Publ(c Safety Programs - ICMA Consulting Services l Role Dr. Chelst will serve as researcher responsible for supervision of data collecfiion and analysis. Fie will work closely Wayne State University's Dr. Kenneth Chelst throughout fhe data collection and analysis stage of this project and will coorciinate the assembly of the preliminary reporf. 1CMA Senlor Public Safety Consultcnt - Public Safety Operations Reseorch Kenneth R. Chelst, Ph.D., Chair of the Deparfment of Industrial and Manufacturing Engineering of Wayne State University Role Dr. Chelst will serve as chief researcher, responsible for supsrvision of all dofia collec4ion and analysis. Background Dr. Chelst is an expert in the applicaiion of advanced mafhematical models for all emergency resources planning, especially police. He lead a dsmonstration projecf for the City of Detroit Police Department which cut response times by 407o using continuous improvement and data driven decision making. Over the past fwo decades he has studied several dozen emergency services operations using data driven lechniQues to determine the most efficient organizational structures to provide public safety services. He holds a Ph.D. degree in operations research from M.I.T. where his dissertation topic ~ J was Mathematical Models of Police Patrol Deployment. His research interests include o,perations research models applied to emergency services, structured decision making. He is a nationally recognized expert on the merger of police and fire services into a public saiety departmenfi and on fhe relative performance of one versus two officer pafirol units. ICMA Senior Public Safety Consultant - Datcr Collecfion ond Analysis David Martin, Ph.D., Senior Researcher (n the Center for Urban Studies, Wayne State University Role Dr. Martin will perform computer programming fo supporf data collection, statistical analyses, geographical information systems (GIS) analyses and presentation of alternative allocation plans. Background Dr. Marfiin specializes in public policy analysis and program evcluotion. He has worked with several police departments to develop crime mapping and statistical analysis tools. In these projects he has developed automated crime analysis tools and real-time, dashboarci-style performance indicator systerns for police executive and command staff. Dr. Martin teaches statistics at Wayne State University. He is also the program evaluator for fiour Departrnent of Justice Weed and Seed sites. . 10 ICMA Senior Public Safety Consultant - Police Training and Ethfcs Issues Frank Straub, Ph.D., Commissioner of Public safety, White Plains, New York, (former NYPD Deputy Commissioner for Tralning). Role Dr. Straub will act as a subject matier experf regarding the analysis of current training practices, with parficular aftention to the issues of ethics fraining both in pre- employment and in-service. Background Frank Straub is an expert in police ethics and training and an accomplished law enforcemenfi executive. Dr. Siraub has over 20 years of experience in law . enforcement at fihe federal, state and local levels. He is currently the Commissioner for the Department of Public Safety in White Plains, New York. Prior to his cunent position, Dr. Sfiraub served as the Deputy Commissioner of Training for the New York City Police Department and was responsible for all police and civilian training. Immeciiately following the 9/11 ferrorist attacks. While working in the U.S. Department of Justice's Office of the Inspector General, Dr. Straub designsd and led the implementation of SACS, an agency-wide performQncs management arrd accountability system. ICMA Senior Public Safety Consultant - Police Line Operations . James Gabbard, City Manager of Vero Beach, Florida, Former Chief of Police, Vero Beach and former Captain of Detectives, West Palm Beach, Florida Role Mr. Gabbard will coordinate the detailed review of daily line operations of the agency cvmparing it fio besfi pracfices including patrol, investigafiions, and specialized units such as motor and marine patrol as well as crime scene forensics. This stage includes a review of command and control of patrol forces. Background James M. Gabbard is the City ivtianager of Vero Beacn, Florida, appoinled in 2005. Prior to his appointment as Cifiy Manager he com,pleted 37 years of law enforcement service in a series ofi increasingly responsible positions. Mr. Gabbard formerly served as the Palice Chief of fihe Vero Beach Police Departmenfi. During his tenure as chief he served as interim city manager on several occasions. Prior to his service with Vero Beach he was a member of the West Palm Beach Police Department, serving in all divisions ofi the Department and in many assignments including Defective Lieutenanfi of Homicide. Upon his promotion to Captain he was placed in command of organized crime anci organized drug crime investigaiions. Ne refiired from West Palm Beach in 1985 to accept ihe chief's position in Vero Beach. Mr. Gabbard has received numerous professional recognitions and was elected Presidenf of the Florida Police Chiefs Association, one of the largesf organizafions of senior police managers in the Uniled States. He was cited for bravery by Governor Jeb Bush before a joini session of the Florida Legislature for his aciions during several hurricanes w'hich stuck Vero 8each. 11 1CMA Senior Pubfic Safety Consultont - Police tegol lssues George Aytesworth, J.D., Retired Police Major and Chief of Legcl Bureau, Miami-Dade Police Deparfinent, Miaml, Florida . - Role Mr. Aylesworth will be responsible for examinafiion of existing confiractual arrangements with the Spokane Sheriff's Office including compliance with internal controls, regulations and laws. He will supervise the review of citizen's complaints and internal affairs procedures as weU as risk management and liability issues. Additionally he will participate in the review of news media procedures and coordination wiih the prosecuting attorney. Background George Aylesworth is a retired Miami-Dade Police Deparfment (MDPD) Majar who, for more than 25 years, was in charge of the Miami-Dade Police Legal Bureau. Mr. Aylesworth began his career with MDPD as a uniformed Police Offiicer in 1975, shortly after graduating from the University of Miami School of Law. Ne worked in that capacity until 1978, when he was assigned fio the Police Legal Bureau. Promoted to command the Legal Bureau in 1980, he remained in thafi position until retiring. During his fenure wifih the Police Legal Bureau, NSr. Aylesworfh had the opporfunify to work on many challenging issues, such as those involving imposition of special prohibitions and use ofi mutual aid vgreements during a state of emergency, police use of force, and infiemal ciisci,pline. Also, as a result of his affiliQtion with intemational, state anc9 local law enforcemenfi associafiions, he had the opporfunity to work with and assisi many police chiefs, sheriffs and other law enforcemenfi agency heads. Additionally, Mr. Aylesworfh worked extensively on the sfiafie legislafive programs of these associations. 1CMA Sentor Public Safety Consultanf - Police StafF Operations Wtlliam Berger, M.A., J.D., Chief of Police, Palm Bay, Florida. Former President of the International Association of Chlefs of Police (IACP). Role Chief Berger will conduct a thorough assessment of all staff functions of the department, including communicafions, equipment and facilities, records, uniforms, weapons, vehicles, vessels, specialized equipment. He will pay particular attention to the siate of the art technologies available and will develop the needs of a new police agency. Background Bill Berger is a nationally recognized experf in police manogement with particular expertise in law enforcement technologies. He is currently Chief of the Palm Bay, Floricia Police Departmenfi serving a population of over 100,000 over 100 square miles. There he is implemenfing numerous new technalogies in cooperation with public and private sector organizations including programs involving DNA collecfion, enhanced rapid police response to in progress crimes and use of UAV (unmanned aircrafi vehicles); currenfily testing and wor'lcing with FAA to fly for police surveillance unmanned aircraffi; firsf in nation. Previously he served as Chief of Police of North Miami Beoch, Florido for 15 years where he roufinely gained national recognition for his implementation of new technalogies, incluciing speech recognition for in car police compuiers. Prior to his appointment as Chief of Police he served with the City of Miami Police Deportmeni, working as Executive Commander of the Training Unit and Police Academy, Executive Commander of Communications and Commander of the Homicide and Ssxual Batfery Unit. 12 ICMA Senior Public SQfety Consuftonf - Citizen and Vrctfm Relations Christine Cole, M.A., M.P.A., Execu#ive Direcbr, Program in Criminal Justice Policy and Management, Harvard University, John F. Kennedy School of Government Role Ms. Cole will conduct an analysis of ewsting systems that provide cifiizen access to law enforcements services and which provide oppartunifies for communicating complainfs abaut police services. Addifionally she will access community policing efiorts and crime viciim services. Background lvls. Cole is Executive Director of the Program in Criminal Justice Policy and Management at Harvard Universifiy where she convenes and moderates public and private discussions among scholars ond practioners on law enforcemeni issues. She has previously served as the Chiet of Staff for the Executive Office of Public Safety for the Commonwealth of Massachusetts where she designed and led policy and operational reforms in a wide range of public safety issues. She was the Community Liaisvn and Policy Advisor to the Superintendenfi ofi Police ot the Lowell Police depariment where she linked the cammunity policina efiforts of fihe 300 member Qgency and implemenied a community policing effiort that saw o 100% increase in community groups in six years. She also supervised the city's °weed and Seed" project as well as obtaining granfis in excess of $10 million. Pnor to this assignmenfi she was the Victim Witness Advocafe for the Middlesex Districl Attorney in Cambridge where she implemented the Victim's Righfis Law in Massachusetts's largest ciis9rict attorneys offlce. ICMA Strategic Portner - Springsted Incorporated Patricla KeHles, Vice President, Director of Quantitative Servlces, Consulting Services, Springsted Incorporated Role M5. Ketfiles, along with addifiional Springsied Incorporated associates, will conduct an analysis of the existing financial systems, including the cifiy's sustainable fiunding, and the iinal budgetary impacts that both extending the currenf contract with the Sheriffi's Office and starting a new police deparfment would have on the city's overall budgefi. Background Ms. Kettles is the Director ot Quan4iiative Services for the Managemenf Consulting Services group ofi Springsted Incorporated. Throughout her career she has led projecfis that involve managing and supervising analytical supporf stafif fior structuring debt, #o reviewing financial options, to writing recommendations that explain the plan of finance, and reviewing official stafements and legol documents related to financing. Additionally, Ms. Kettles has led various projects that involve presenting technical analyses in completing sfiudies in areas such as fiscal impacf analysis, utility rate analysis, revenue diversification/cost recovery, financial feasibility, financing options, capital improvemenfi proaramming and ciebz management. She has supporfed clients in several states. Some of fhem include Wisconsin, Virginia, lowa, Kansas, Minnesofia, Missouri, Norfh Carolina, and Norfh Dakafia. Detailed resumes of all participants are available upon request. 13 Project Timeline i Similar projecis of this magnitude that ICMA has mvnaged were completed from " befween 90 to 120 days. As v result, we propose the following schedule: We will provide a preliminary reporf by October i, 2008, and a final reporf by October 20, 2008. The proposed dates to submit the preliminary police report and the final reports are contingent upon our receipt of the necessary data eight wee9cs prior. If some other arrangement is deemed more appropriate by the client, ICMA will work cooperatively for an agreement on the proposed delivery timeline. Reporting The Project Leader will reporf project status to the identified City contacts at specific identified intervals using an accepSable and agreed upon reporfing template. Beyond this however, communication will be maintained and caordinated through the feam Leader with ihese contacts and other identified relevant personnel on a regular basis. Proposed Fees The quotation of fees and compensation shall remain firm for a period of 90 days from this proposal submission. 7hree payments shall be invoiced to client: one at the beginning of fihe project period; the second affer submission of fihe preliminary reporfi and the third upon submission of the final report, as approved by the City. If some ofher arrangement is deemed more appropriafe by the client, ICMA will work cooperatively for an agreemenfi on the payment terms. ICMA agrees to conduct the project as described above for the sum of $110,000, exclusive of travel costs associated with the project. Each installment shall be fior $36,666.66 and made out to the International City/County Management Associafion upon invoicing as according to the aforementioned payment schedule. ICMA agrees to work cooperatively with the client in order to reduce such cosfis to the greatest extent possible while siill meeting the expectations ofi the Ciiy. Proposed Travel Fees The above project fees do not include travel expenses which will be invoiced separately to fihe City. We anticipate that this project will require approximafiely 18 days of on site assessment work. ICMA agrees to reduce travel cosis as much as possible, consistent with the high quality of work the Association provides. ICMA travel guidelines are consistent with federol govemment firavel regulations. ICMA agrees that travel costs will not exceed $16,500. Contract Adminlstrator The individuol who can make final decisions regarding the contract and has the aufihority to contraci for ICMA is: Vickie L. Brooks Director, Grants & Contract Administra#ion Infiernational City/County Management Associafiion (ICMA) 777 North Capitol Street, Suite 500 ; Washington, DC 20002 ~-~Primary Point of Contact The primary point of contact regarding this confiract and that has the authoriry to speak with all involved parties for ICMA is: 14 Akia Garnett Senior Manager, Marketing and Operations ICMA ConsuJting Services Intemational Cifiy/County Managemenfi Association (ICMA) 777 North Capifol Street, Suite 500 Washingfon, DC 20002 ' 15 Sumrnary - Conclu5ion , Part of ICMA's missiori is to assist Ioca1 gavernments in ar-hieving excellence through informo tion Qnd c ssistance. Follawing this missiQn, IC M A Corrsutting Services a cts a s a i trusted cdvisar, assisting local gvverermerits in an objective manner, In particular, ICMA's I experience in dealing witn pub lic safety issue,~ combined with its baclcground in I perfarmonce mea surement. achievement of efficienCies. and genuirre commurl ity , e ng agement, makes ICMA a unigue and b eneficic l partner in de aling wifih issue5 such ❑s those be ing presented in thi.5 pro posal, YVe Ioo1c forward to working with you further, I i i ~i ~ ~ 16 Law Enforcement: Assessmcnt of Issues and Items of lnterest May 19, 2005 - Iniiial Asscssment Goal # 1: Gather and review operating data as a przcursor to iiu-thce study. Follow-up Goal # 1: Present a draft scope of sccvices for perforniing an alternatives analysis whercby the City miDht e.stablish an independent Poliee Department. Follow-up Goal # 2: I'resenl a draft a scope of services Cor assisting the City in reneaotiatin~ a L.aw Lnforcemenl Service Contract ~7th Spc~kane County Sheriff L7epartment. Tasks: Perforin an auialysis of crime trends and identify strcngths, weal:nesses, opportunities and trcats. Ideniifi, strategic objectives for local law enforcement. Pertorn-i a tactical aJial}rsis of crime statics and trends and recommend best deploymcnt of rzsburCeS in rGSpotlse. Issues and Ttems to Ponder (r.andom order): 1. Calls for servieed bascd deployment - 2. Cocrunand and conUOl authority 3. Risk Management 4. I.,iability 5. PerFormancc measures 6. Staff ng levels - right sizing 7. Work schedules 8. Facilities needs and capacity 9. rleet needs and capacity 10. Com_munications equipmcnt service 11. Sustaiiiable funding 12. Pinancial impacts/budgetary considerations-start up costs v. contract escalatiou 13. Grant apportunities 14. Cost efficiencie.s 15. Specialty squads 16. SCQPE or similar volunteer Program 17. Froperly crimcs - allocltion of re.saurces 1$, 17ispatcll services and priorities 19. Multiplc vehicle response to sccnes 20. Release of cxtra on-scene units 21. Communicy Qrienfed Policing 22. [ntcrnal Affairs 23. I-Iandling citiren complaints Assessment: Why do it? Competing Phllosophfes • H It bn't brolun; don't ftx tt. • Prownt broakage and Improvo perlwmance. ~ Condnuous Asseasment and Improvement . !„sln... PWIpOCWM 11~mn.,a E.+.bwnmnt • 11Gaqntie rwsp$eM: OO*w^ WryM wqpw~ and WWr • Nwilh /rnpwfv. Prnwfttlw a% wN datse0on rn0 Uh •tY4r p ps itrvWknwc crlm 0rOVOYAM% • Iictlon~0 -n» cll/ a "len. v.o.y ceM+,. rr."nsw, vlov►•m I•• prwCflw d1oA lo odmw Yr pu0rk *nd pro+lde m~wIr and tr~Yin~ lhtt wYl nduoeopqorhmi4w for crirtw In our city.' ~ 1 "In this business, by the time you realize you're in trouble, it's too late to save yourself." - BIII Gates "There is no city in America that has ' - - - reduced crime as much as we have , - In the last three years,...Thls is not the product of accident. Thia is the i - - product of design."- Rudy Gluliani , "VUe prepare for the future today because we will be Ifving in it tomorrow." -Dave Mercier 2 Practiang What We Preach • c.nt«vuc. (cslp): VAY, iarr Wwlopment Prouss Rwrganintlon (C81P): May, • 2007 • CapW ImWovem+Ms Prognm OrgerNaUonal Nodiai (CSIP): OeEo11 a.2007 • Str+rM MaaW PWfnJnp Updat+; &xttmlr. 2009 • aprepuslAPDkmmY RevNt[lution Phn: FsA, 2000 • 8tw Pubiic Reeords Perfom+ana Audlt: Jtm 200m Why Law Enforcement? • Altsmatfw analyssr and mansQW compoUtlon hw+ alnady bMn appllod to Llbrary NNICM, pwtla proprsmmle+q. Wrlu rrtakrisnsnq, wpital Improwmertts prosnma, onplnwr1ng "rvices snd iin amy of stnst msMtonux* actlvitl". • TM wtr►Wo1 pnpwntion ol an "albmatlwa m&ysh" fsm bNn aMfdpabd M tM Clty Councp na prudont ond necessary Wk slna tM rww clqr w.s.waisn.a. Why Now? • rN. ye.n Uti. d.v•e.we. beapor.inoo .M uan aw Counq wd ttr Glp almowwlp Ifr "ra to ~swAN flr aetnM oonEree1 For wrNeAa • OrCNd Ofllms Mm uMInY /0r MM MMtlUdOn Of pulomrn" mw~ma r~0 ~~yrrn b► npeefnp nMO b tlw oomm~rtdy. . Puwk uftry na ewn ea mp pnoraty d en. Gty Cmwo" Mna Inoorporrtlm and Wrrofam Posee eorkft oonrrn~ to vwt n~yeflry d tn dnlluf eo0~ct~d. • A dMbrmiWon d nrhlntlM kmdlnY md MtNew iwtb muat W nok mo tlW a loap Oenn MrMpla plrn for Isw wdwmmtt wrvfcati tan be dMkPaA. 3 Why ICMA? amn.noNW c40c*una MWmg-w" A-rd- r►CAV • ICM► ws foundw N »u . adM@*+Y Aixcellence ovauYh - cdw I1orland Mllswws. • IpIA proNOM an In~toqmMtl ~ onp ~eM1~~+i1 0nlrouN. McAMwI Wn~f 50~0 d+~ ~~ppWni~d~d pninMt~Aors, a~fi~ ~ nwn wrnlrb~edR rfd otlr► IrMHldugs thtauyhout 11n wortd • ilw tiourca and wrvkw rwcA thousands d ca ~ ud po"rrarrnt Wnonral WMA m kkareM In M~ctlw MmdwoNp and nanpwnwt at IM loar povmmrwtl I~wL ~r. ICMA Consulting Services w ' ~ "uwni W »a ~ ~e d Oe.."~ " Na~lnp ~Imtln eMlbnp~ • +4vn of arpv1W UsWft RAft oh'tY &wla& %*b0 moseewi • prpardaNM/at dw"bMrat wOmr" sat dlMm, YoWnO • MMwnrru ef aw fr wrm randsaa m1M0 nwn~+nwroa w.y.a ooeomu~r • Tn iGYA ►uOMe "MY 11101ww" Wm MWyMWwN wnwASnb wopoet ~ nwnEw d puWle rMY wvlen F-in - - OiwomftjOw°^n eobemnh Sampiing of ICMA Pubiic Safety Clients - - - • wyow, 10 - - - • t~.uta~, w • lu0r+~.OR • Pm Deow, U i • +AaK+rCmn CRA' u" - - - - - • :aM iinaw M.trne • BkMOr. Tx • 61oyn Atrnr CW, - - - - - - • OMnvlwr, K - • Atnapa4a 6G • l~plnor. t1i . IMA4rv% M • Nelyrnm.IMMfOe • w..roat w • e.N r~e.rc., ai 4 ICfAA A piobal Grovidar of tedvsCW essisUnCe with lAUUive, on-the-pround expetannCa in- • r~nr~e* • ~r • AAHl, • u iwr.od . ~ • oaw . aoo.u • pmmumri . pa.~r ~ r+~povav • Oy9tr • Sew~~ • ►%0 • B~oM • (y~AQt . y,~~ • fliliy" • phk • EIY* • Ctlwroy • ~7W • GOMm ICm • E~W' . fqmao • .Jrrao • C1~ FwoLOM • krasn . EO~' ' Ktxl'sr' ICMA A plobsi prvuidw of Nchnipl asis~ with eMunm, orrthe-pround axPw*nm lr . Rename, ' &mtg' • Y,,.r,r • fio.wc~ • yA . Esrl'-' Ak+ • "NRt , Re IM~ WA"ok""w • eurrm. Bwarl"'e , wwom • ihFUre . y~,*„ • Twu~ . ~isa~y~ • VYsrW • N. • UMNyM • pwiw • ywswr ! • Y~'~! . p~op . 11°"~ • J,+:~:v.e • M1-i unirr..•wr.~~ Pt0p0M1 Afiinrmflt d Lo1M Ef1fOtOsIMf1t 8lfbkM !or The Citr d spoksrw Vtlty, Wuhinpson M.y r, sooe y 5 Asaessment: Purpose and ScopQ • The primary obJactivr oi thEs a"eaamant la W pre"nt to the City an unbiasQd nview of Uw poattlve and nagative ramlficatlons of nnewinp ks contract wtth the SherNi's atpartrnent wrsua establfahinp an Indfpendent potice depa. brnnL • In both casea, the Clty wishes to have in pbce procosses and procedures to mesaun sarvice perfortnanco. I Asse$sment: Purpose and Scope • Eatabllsh current levels of peAomwnce and workioad; lntroduce rouUne perfomunce messurertwnb snd Idantify oppoKunlUes tor fmproved pertormance. • DQtsrtnlne the appropriate stafflng lawb wtthin the city's Rscsl constninb and the city's pollcles r+eparding Iweis oi publlc safaty service. DESIRED OUTCOME I - 7he informatlon generated by this - aasmsment wlll inform city elected ~ afficials with rellable date and eneble them to eatablish a long range strategic plan for the dellvery ot police services to the community. A Nine-Stage Project • Stage One (Compteted) - Preliminary On-Ske Assessment The cn-site assessmerrt in May allawed ICMA to better understend the aty's operationti, tour the ciry, visft police stetion and to meet with the Sheriff and Poltca Chief before preparing a scope of serviCes.. , Stages 2 - 9 • S" T..: woruo.a .,r o.o~eni.eK wM~b mo TfrM: toM lft Owmftm A~R • ftr few ftW ftR Op~ntlMM ~ • wy. rrrnaw M.+rft • s.p ~ u~.o111.~ ~c.n~ynrnu ~ndr.u •!p~ ln~m Ooa~urY MNkIMM~ Mwrol Afbr~! 1M1~ Mvkr • 1dy~ 6phk ~ • WN 1~~~ lM~ITnMMM s Projoct Data Mslysls • DoewrNnt currsM poUce patrol peAormance and worktoui Iw91a. • Eattbilsh a ranpe olpt rfortrrnu 9wb wid objecttv" 1or tfiQ Pollw Depamnwnt • Idntifyop pot4uNlSaeto inop►ow on pMwmsnu wMh exitHnp nsourc.ea. • Estimm ths manpowvr rpulnrMrtts and usocletsd cosu tRat woufd M needee to schMw cl and pa!{ce mirup+mtnt opeclfled peKormand obxtlwa. 7 ProJact Data AnsFysb • Provido puldanu on routino standard rsporte that should bo usod to track perfortnance. • Evaluate the ctry'a crlmo rato and conduct a crims analyefa to idontHy "hot spob" and evaluata curnnt poitcing strabgfas to deal with tfiem. • Review organlzaUonal suucture and atxffing ■nd propose appropriata changes. Seeking Opportuntties for Improvement • F.aamir►e wAothar or not paVOi rqourcp an eMiclontty daployed over 24-7 dms period snd prtph i deploym ortt Isvsis aealnst worklwds by Umw 07 day, day of week, and by paUol aress. • Deveiop a sariw of trond charts. maps and data , Lbios fhat dosc►Ibe polka responw tinw In dttall and w111 provide the wrtables rnedtd fw devNoping m plui bssed on Op+rations Restarch melJwdt. • Drtsrtnlr» the sutant of hestwactlcu employW to eHlckMly dispatch paVOl unlts. ~ Seaking OpportunFtiss for Improvement • Oocumant Uu estont thst the polke patrol msnepemsnt ks applytnp prindples oI poAormsnce besad manaqement and contlnuous improvement to efilciQntty utlllv poilce resoums- • Expioto with the Datrol divhion, debctiw divfalon and special operatloro strftsplas for fmprovh+y crlme prvverrtlon and crlme solutlon acthritisa. • DeUrmine haw much reaponao time and proactlvv patrol mlpht De Improvod whh betUr m11pnmont of nsourcn and worklosda- 8 Il~~ i ~ L Project Timeline _ S3milaiproJoc'!a ortthle megni#ude Ihgt ICMA h.s manesed were camp%tad fram betvwsen 9o to 420 da'ye, As it reeufk ICtYIA - propc+6es tle foifowing sehedulo: IGMl4wliw provid~ ~ prelIminafyr report by Octo i 008, and a IRnal repart by 2Q . ~ Reporting Tha Rrc~sc# Laodarwfl9 ropratt prs~W stetue Ittr tkta. klosatlNd GRy Weutarto atspecE►'~ kdrnlfflad lnter►aks atld commwnfsaE{a9 wIII bo mnYrttiine+d Fncs coarea3ne#sd thrvulih tw Tram L-E■der+r,+ktlr tha" cantects and oEhi&r IdorFtiifW rsiwraM pannnr,o[ on nropuler hae1s, r. 9 Pra►posed Fees * IcMGa ■gree to ccnduc# tnm proJ,act as dsscribed alaova for the sum oi $ 1110,000, plus traveI costs r"aciabw with thn pruJect wlkh a nat-ta-exeee•d ifrnFt vf $16;604. • ICM,4 ogre" tn wark coopemtl+rely wFtt, the client in arder to. reduze such eo9ta to the gtextast extont posslble wh34u stlil nwettag tha aipettaVona oi th4 Cily. a ,:Kro €a' sp"tzw YaUer} lDOb ~rrcrfil fting FaperoetttuYs Llt,3~i4' ~it - _ a iCiily 431 9pttiQOa WrnwY X" ftI Nce b.y- rtrlf lMrvnua !lo+s+u" 1 ~ ~;6T4.OCki 10 pq, a spok.n. vdl.y l.wW Enloresmertt Assaernont GomarW 1o po11p Department BudgN ~eri f20,000.000 r~aoa i =16,006.000 / , {t0,000,G00 I ~6.G00.000 ~ 2008 • Cat dtsw Eriorvrrrv A~rrn~ti ~ W rin tK d&~w r c.ty of sPok.n. vai.y Low Entot+comsM Aasstmart ComDGrsd to 2OW - 2000 PdlCS Oeputrnsrt Budpot ~ IIIl IVYWVWV r / - . •iY~rWV ~ / ~IMr I ~ ~~p ~11VV C Other Strategic Investments UU1E:4►p Esbrtul CanuManta • Stroet Muftr Plans i618,600 ' SPra4ue/APPlawaY RsvhaUzatio^ Pbn 6681,721 • City CMSU i204,!f00 • l.iw EniatenNni Assmement 5126,500 n 11 Summary of Expected I Recommendations • Ad%4C@ OIt RfYd11RQ sW4Cq !O Oee pffCOCM • WWO16ag0n d d1*4~ pO1dif0 DpMYOM • NnnWoppo htmltM~ to F~epeow polkiep N IM wrtmarity (ltrlvlnp bi oontlwow Y~pro.~nwrtj • Wpprrbd ooimW rwvWoti • CoW Ntlnulw snewvleq dw dllgwoo posslbrr MoGad Mthtlr oplfon of awllno an Indepofdsnt dty pollw • Rooonwnwxw prformr+ce mwum ww atrtbpb epeam M Closing Thought ~ - - Answers to important public palicy questions cannot be given or evaluated if we don't first ask the questions and do the research. ~ Questions? , ~ ~ i CITY OF SPOKANE VALLEY =Request for Council Action Meeting Date: September 2, 2008 City Manager Sign-off: . Item: Check all that apply: p Consent ❑ Old business ❑ New business O Pubiic Wearing ❑ Information 19 Admin. Report ❑ Pending Legislation AGENDA ITEM TITLE: Sprague and Appleway Corridors Subarea Plan Deliberations GOVERNING LEGISLATION: The Subarea Plan must be consistent with the City's Comprehensive Plan and the Washington State Growth Management Act (GMA), RCW 36.70A. PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: The Sprague/Appleway Revitalization Plan process was initiated during the summer of 2006. After a series of workshops and study sessions, the staff/consulting team presented a Public Headng Draft Sprague and Appleway Corridors Subarea Plan for hearings and review by the Planning Commission. After Public hearin9s and deliberations, the Planning Commission presented their Recommended Subarea Plan to City Council for review, hearings and deliberations. On July 29, 2008, City Council conducted a public hearing on the Subarea Plan. Council accepted testimony on Book I: Community Intent and Boot II: Development Regulations. Due to the lateness of the evening, Council closed the public hearing on Books 1 and II. A second hearing was held on August 19, 2008 where Council received testimony on Book III: City Actions. On August 26, 2008, Council discussed the deliberation schedule and asked questions about issued raised during public testimony. Council will begin deliberations on Book I; Community Intent and, ifi time allows, Staff will provide an overview of the Book II: Development Regulations. OPTIONS: N/A RECOMMENDED ACTION OR MOTION: Subarea Plan will continue through deliberations as scheduled. BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Scott Kuhta, Senior Planner Attachment: New Deliberations Schedule Sprague and Appleway Corridors Plan Council Deliberation Schedule (Revised August 28, 2008) , ~ September 2, 2008 - (60 min.) • Book I: Community Intent - Deliberations • Review plan and regulatory framework September 9, 2008 - (30 min) . Book II: Development Regulations o Applicability o Zone District Boundaries September 23. 2008 - (60 min.) . Book II: Development Regulations; Site Development Regulations o Zone District Charts (setbacks, frontage coverage, etc.) o Building Orientation o Building Use o Building Height o Public Frontage o Setbacks, coverage, build to corner, max building length • Book II: Development Regulations; Street and Open Space Regulations o Prelocated Street Map o Street Types . o Open Space Standards o Access Management I September 30, 2008 - (60 min.) . Book II: Development Regulations; Parking Regulations I . Book 11: Development Regulations; Architectural Regulations I . Book II: Development Regulations; Signage . Book III: City Actions o Street Network Improvements a City Center o City Center Civic Facilities ~ October 14, 2008 - First Ordinance ReadinQ I October 28, 2008 - Second Ordinance Readinq ( . .I ~ I ~ DRAFT ADVANCE 4GENDA F'or Pl:uining Discussion Purposes nnly aa of August 28, 2008; 9:00 a.m. Pleasc note this is a wark in progress; items are tentative To: Council & Staff From: City Manager Re: Uratt Schedule for Upc:oming Cauncil Meetings Sentember 9. 200$. Regular Meetiag. 6:04 o.m. (dne datc bionday. Sept 1] 1. PIrBLIC UFARING: Propased 2009 E3udget - ken Thompson ( 15 minutes] 2. Consent .Agenda: C'laims, Payroll, Minutes; WiRA MOA; Lodging Tax Request [5 minutcs] 3. First Read'mg ProposW Ordinaace Amending Ordinnnce 08-016 SN 01-08 - Mike Connelly [5 minutes] 4. First Reading Proposed Ordinence Property Tax - Ken Thompson [10 minutcs] 5. First Reading Proposod Tax Confirmalion Ordinance - Ken Thampson [10 minutes] 6. Resolutian AdoptinR Appeal Findings (App 02-08 and 03-08) - Mike Connelly [20 minutes] 7. Mation ConsideretsQn: Adaptian af Legislative Agenda - Dave Mcrrior [10 minutes] 8. Mation Consideratian: Approval of [nterlocal AgTmnt wrThurston Co for Purchasing - C.Driskell( ] 0 minutes] 9. Delibrratian: SpcagvelAppleway Revitalization (SARP) - Scot Kuhta (60 minutes) EXECLiTIVL• SESSION: Labor Relaiians ['estimated metting: 145 minutea] Sentember 16. 2008. Stndv Sesslon 6•00 a.m. (dne date Nionday, Scpt 81 1. Streei MasterPlan UpdatelNB -Neil Kersten (30 minutes) 2. Argonne,qndiana Rosd Traffic Issues - Neil Kerstenlinga Note (20 minutes) 3. Departmental HighliLzhts & Work Progmm Presentations - Dcpt Heads (45 minutes) 4. General Budget Discussion - Dace Mercier (20 minutes) 5. Classification Databasc Managcr Position - Jahn Whitehead (15 minutes) TOTAL MINLTTES: 130 minutes Sgitteeaber 23. IQQR, ReQnlar Meetiae, 6:00 a.m. (due date Mondav. Sept IS) 1. Consent Agenda: Claims, Payroll. Minutes [5 minutes] 2. Second Reading Proposed Ordinance Propcrty Tax - Ken Thompson [10 minutcs] 3. Second Rcading Propusod Tax Confumation Ordinsnce - lten 7-hompson [10 minutes] 4. Mation Consideratinn: Databese Manager Position Ctassification - John Whitehead [10 minutcs] 5. Admin Report: Fcc Resolution Discussioo - Ken Thampson [20 minutes] 6. Admin Report: CDBG Overview - Greg McCormick [20 minutes] 7. Deliberation: SpraguelAppitway Revitaliz8tian Ptan [60 minutes] 8. Info Oaly: Dcpt Reports ['esiimpted meeting: 135 mjnutes] Seotember 30. 2008. Studv Scssion 6:00 a.m. [due date Monday, Sept 221 1. Records Managcmcnt ConvacWpdute - Chris Bainbridge/8ing (10 miautes) 2 Finence Housekeeping Items - Ken Thompson (15 minutcs) 3. Panhandling Gommittee Report - Councilmembar Gothmann (15 minutcs) 4. Deliberaticn: Sprague/Appleway Revitalization Plan Deliberatian (60 minutes) 5. STA Visioning Video - Mayor Munson (10 minutes) TOTAL ML'r'IJTES: 110 minutes Ociober 7. 2008, Studv Session 6:00 n.m. (dae date Mooday, Sept 291 1. Internauonal Trade Assa,iation, Sister Ciry Proposel - Mark Pettrs (20 minutes) 2. LTDC Batch Code Amendments - Christina Janssen (30 minutes ) 3. Airport Overlay Proposed Amendments - Karen Ker►dall (20 minutes) a. Geneml Budget Discussifln - Mike Jackson (30 minutes) 5. Fcc Rcsolution Discu4sion - Ken ThomPson (30 minutes) TOTAL MiNIiTES: 130 minutes Uraft Ad%,ancc Agcnda 8'?8 '(.OUB 1 1:2b:04 AN1 Page 1 of _ October id. 2008, Reeulnr MeetinQ 6:00 Q.m. [duc date Mondey, Oct 61 1. PLTBLIC HEARING: 2009 Budget -Ken T6ompsoa [10 minutes] 2. PUBLIC HEARING: GDBG - Greg ylcCormick [ 10 minutes] 3. Consent Agenda: Claims, Payrall,Minutes [5 minutcs] 4. First Rending Proposed Ordinancc Adopting 2009 Budgct - Kca Thompson [ 10 minutes] 5. P Reading Propased Chdrnance to Amend Comp Plan (SARP Boak I) - Mike Contselly [15 minutes] 6. 1" Reading Proposed Ordinance la Amend tIDC cfc Adopt Subarea Plan & Afvp (Book ff) - Scott Kuhta [30 min] 7. First Reading Proposed Ordinance for Code Amendmcnu - Christina Janssen [20 minutes] 8. First Rcading Proposed Ordinance Amending Airport Overlay - Karen Kendall [20 minutes] 9. Proposed Fee Resolution - Ken Thompson [ 15 minutes] 10. Motion Consideration: Aduption of CDBG - Greg tilcCorniick [10 minutesJ ["estimated meedng: 145 minutes) «'tdnesJm-. Octvber 15, aanx: A ifC Regioiral Afeeting, Spnkane Uaubletree Spokane Cih, Center. 322 N Spo,kcme Falls Court, 99201 (455-9600) October 21, IOQB, Studv Sessioa 6:00 v.m. [duc dete MondAy, Oct 131 1. TBD Vpdatc - Cary Driskcll (20 minutcs) Comp Plan Quarterly Update - Greg McCormick (10 minute0 Admin Report: Street Design Standards - Neil Kcrsten (45 minu-, TOTAL hfINLiTES: 75 mfauW, October 28, 2008, ReEular Meeting 6:00 p.m. [due date Monday, Oct 21!, 1. Consent Agendn: Claims, Payroil, hlinutes [5 minutc 2. Sccond Rsading Proposed Ordinance Adopting 2009 Budget - Ken T6ompson (10 minutc - j 3. ?"d Reading Proposed Ordinance toAmend Comp Plcm (SARI' Buok I - lltike Connelly [15 minutes] 4. 2"d Reading Proposed Ordlncmce [a Amerrd UDC & Adopt Suharea Plan& Map (Baok 11) - Seott Kuhtaj30 minJ 5. Second Resding Pmposed ardinance for Code Amendments - Christina Junssen [20 minutes] 6. Second Reading Proposed Ordinance Amending Airport Overlay - ICam-n Kcndall [20 minutcs] 7. Pruposed ResoIution Adopting 5ubarea Plan Book III: City Actians - Mike Connclly (20 minutesJ 8. Motion Consideration: City Hrill Property Salcs Purchase Agreement - Mikc ConnellyrScott Kuhta [ 15 min] 9. Info (_1nlN: 1)zpt Rcpons ['ebtimated meeting: 135 minutes] Gencrul ElecJion Nr.v 4 loveml►er d, 2008. Studv Sessi4n 6:00 12.m. [due dete Nlonday, Qct ? :VLC blceri A'or 11-15• Orlcmdo Flori g Novembec 11. 2008, NO MEET[NG: Veteran'a Dat• November 18. 2008. SeeciaUReQUIar McetlnE 6:00 p.m. (due dote Monda}•, Nov 101 1. Consent Agendn: Clnims, Pavmlt, Minutes [S minutes] Novembcr 25, 2008, ti0 11iEX'['ING: T anl:s$ivin Week peccmber 2, 2008. Study Session 6:00 o.m. [due date Monday, h'oc 241 1. Info On1y: I3ept Reports DruR rldvancc Aeer,da 8,28:'2008 1 l:26:U9 A11 Pagc 2 of 3 December 9, 2008, ReQUl9r Meeting b:QQ p.m. [due date Monday, Dec 1] 1. Consent: Claims, Minutes, l'ayroll i ; 2. Mayora) Appointmenis: Planning Commission (2 positions) - Ma}ror Munson (10 minutes) 3. Iv1a}roral Appointments: Councilmembers to Various Committees (15 minutes) December 16, 2Q08, Studr• Session 6:00 a.m. [due date Monday, Dec 8] December 23. 2008: No Meetina - Christmas week December 30, 2008. Stuclv Session 6:00 a.m. [duc date Friday Dec 19] 1. Info Only: Dept Reports QTAER 1'E\TDLNG AND/OR UPCOMING ISSUES/MFFTJNGS: Acccssory Dwelling Units (Ord 08-006 modifiaations) Broadwav/Fancher/Concrete Intersection Cily Center Report to Council Comp Plan Amend-Qrtrly Update ( Jan, April, July, Oct ) ~ Comp I'11n UpdatcJUGA/Jl'.A East Gateway Monument Structure # Graffiti Ordinance Impact Fee Request Central Valley School District I? Specialist Classification Resolutioii Legislative Action Conlerence in Ol}Tnpia, Februauy 18, 19, 2009 Legislativre Agenda, tentative topics: I.nteroperability, Street utility; Funding for 911, Greenacres Park Aevelopment, City Center, Park Aequisitions; Cap & Tracle (climate control); Access to State Fuel Purchasing Power NlOrtheast Housing Solutions City Membership Overkveight/over size vehicle ordinance Resolution Amending Resolution 03-040, Granting Banl:ing Authoriri~ SplashdoNvn Contract Spokane County Prosecufor Memorandum of Understanding Strategic Financial Plan - I7ave Mercier Surplus Items - Ken Thompson Transportation Benef t Dist (2009) a. Establish ord.; (b) set public hcaring; (c) draft resolutian; (d) ballot lviguage Transportation I.nipacts UDC Code A.mendments Use Agreement (Cary Driskell) Winter Retreat; Tentutive topics: Impact Fee Srurly Awaiting action by others; * Does not uiclude time for public comments.] C_ DraR Advance Aeenda 8/20008 11,26:09 AM Paee 3 of 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 9/2/08 City Manager Sign-off: Item: Check all that apply: [I consent ❑ old business ❑ new business ❑ public hearing 0 information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Preliminary Legislative Agenda and Use of a Lobbyist GOVERNING LEGISLATION: None PREVIOUS COUNCIL ACTION TAKEN: Annually, the Council considers various legislative topics to determine how best to protect and promote the interests of the City. Over the course of several months Councilmembers have discussed a variety of potential legislative items as noted in the Other Pending Issues section of the Draft Advance Agenda routinely dist(buted to Council and staff. BACKGROUND: It seems as though all government associations are determined to adopt a Preliminary Legislative Agenda in early Septernber in order to gain attention for potential inclusion in the Governors' Budget in advance of the upcoming session of the Washington State Legislature. Hence, Spokane Valley would do well to adopt such an agenda by September 9. On that date we anticipate that Council will discuss the following items and any others that might arise. In no particular order of priority, these items have been mentioned to date: 1) state funding for statewide communications (interoperability) infrastructure, 2) increased state funding for the 911 system, 3) state financial support for the completion of Greenacres Park development and any site acquisitions that rnay be available, 4) support funding for City Center public improvements, 5) reasonable legislation related to the "cap and trade" provisions of climate control regulations under consideration, 6) street utility enabling legislation, and 7) access to enhanced state fuel purchasing power. The Council previously decided to retain the assistance of a lobbyist firrrt to 1) create a presence for the City in Olympia so that legislators are aware of our active interest in pending legislation such as Growth Management Act revisions, 2) alert the Council to emerging issues that may have a positive or adverse effect on the City, 3) identify revenue and grant funding opportunities, 4) and facilitate a capital funding requests for projects of City interest. The proposed contract for such senrices in 2009 will cost $36,000, which has been allocated in the proposed budget pending Council action. OPTIONS: 1. Develop an initial legislative agenda. 2. Give the matter further thought. RECOMMENDED ACTION OR MOTION: Information only on September 2 BUDGET/FINANCIAL IMPACTS: $36,000 for lobbying services has been allocated in the proposed FY 2009 budget. _ STAFF CONTACT: Dave Mercier and Mayor Munson ,o CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Meeting Date: September 2, 2008 City Manager Sign-off: Item: Check all that apply: consent ❑ old business new business ❑ public hearing ❑ information X admin. report ❑ pending legislation AGENDA ITEM TITLE : Lodging Tax Advisory Committee Request for release of Funds. GOVERNING LEGISLATION: State Law PREVIOUS COUNCIL ACTION TAKEN: In late 2007 the Lodging Advisory Committee recommended, and the Council approved, holding $20,000 of lodging tax dollars earmarked for Regional Sports Commission projects in a reserve for use in 2008. BACKGROUND: The Spokane Regional Sports Commission recently notified the City they would like to use the reserve for: ~ 1. $10,000 for the 2010 U.S. Figure Skating Championships 2. $10,000 for the 2008 Judo Fall Classic event in Spokane Valley OPTIONS: 1) Approve the recommendation of the Lodging Tax Advisory Committee to promote tourism via these two events; 2) Authorize a portion of these funds for these events; 3) Disapprove this recommendation RECOMMENDATION: Staff recommends the proposal of the Lodging Tax Advisory Committee and the Regional Sports Committee be approved. This item will return to the Council for formal action on September 9. BUDGETIFINANCIAL IMPACTS: The cost to the City for this action will be $20,000 in lodging tax receipts which can only be used for tourism promotion. This allocation was approved in late 2007 by the council for event(s) which would attract visitors to our area. STAFF CONTACT: Finance Director Ken Thompson % Sp6°@,ne ,;01A!_0Va11ey 11707 E Sprague Ave Suite 1Q6 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org Memorandum To: Dave Mercier, City Manager; Mike Jackson, Deputy City Manager; Mayor and Councilmembers cc: Bing From: Chris Bainbridge, City Clerk Date: August 29, 2008 Re: Document Imaging/Records Management llocument imaging includes a multitucie of functions, and can most suacinctly be defined as the process by «fiich print and file documents are fed into a scanncr and converted i.nlo electronic documents. Il is the online storage, relrieval, and management of electronic ima};es of documents, with seanning as the main method of capturing those images. The process converts data from paper to a digital format such as a°I'1FF or a PDr. A I'llF (portable document format) is a file type developcd by Adobe Systems, a,ncl a TIFF (taoged image file format) are bitmap images, with the quality of the image dependinb on the file's J resolution. Archive systems converts documents to TITF images to provide a clear image for viewing nver the web wilhout degrading yuality. VJorl:flow Automation involves automatic routinj of documents to the users responsible for morking on them, with rautinD rules based on the host's rules [www.archievesystems.com/glossary.asp]. kecords management, or the practice of identifying, classifti,ing, archivinb, preserving, and destroying records [1Vikipedia: Records managemenl], is ofcourse, a huge pari of document imaging. There are hundreds of different imagi.ng eompanies. Cost savings One of the biggest hiclclen costs that paper-iniensive businesses face is the tirne it talces to work with paper ftles. Say it takes a S20/hour employee five ininutes to walk co a records room, locate a flc, act on it, re- file it, and recurn to his desk. At just four filas per day, that's nver 86 hours per year spent filing - around $1700 in wages. At ten fites per day, that shoots up to 216 hours per year - over five weeks' timc, or $4300 - and that's only for one employee, and that's assuming the document can be located immediately and is not mis=filed. A system ihat lets employees fincl and work with those documcnts without ever leaving tlleir desks can instantly slash those costs; and ean Save the City Clerk's officc cpuntless hours retrieving, eopying, and re-filinj documents. Document management systems also climinate the "lost dqcument" cost - the time it takes to rccreate a document lhat's been destroyed, misplaeed or even lost; not to mention the frustration of not locating a clocument. Additional cost savings come from the offce space that can be frced by eliminating most paper records. With real estate costs at $15 to $40 pcr square foot in many rnajor cities, convertin- records rooms into usable office space can save considerable amounts of money, and the actual records can be stored in the City's archives rather than various places within City I4all. Freed office space could also be used more efficiently by housing employces or equipment. llocument Imaging/Record Management dvlemo Pa~e 1 of 5 Security ` Data security is a serious lopic, whether addressing outside threats andlar computer hackers, or mis-use of J dacuinents including accidental cleletions or altering of documents. Document mant3gement systems can provide several layers of security: - Multiple levels of password-protected access fpr groups and individuals - Encryptipn of document contents - Audit trails showing who has accessed or updated documents Disaster recovcry Vdhether existing documents are paper or electrnnic, we currently don't have disaster recovery plans in place, which could result in catastrophic record loss due to fire, water, or other natural disaster. Document management systems protcct paper rccords by creating electronic cQpies that can be backcd up in multiplc wa_ys. They also can include off-site data backups and other steps to ensure that a fire, flood; water pipe hreak, qr break-in won't cripple our fiinctionality. Access rven as the Web mal:es it easier and easier for employees to work remotely, paper records remain a serious roadbloek. The right document mFUiage►nent system allows employees access to vital records from wherever they are -at a lraininD session, in the feld, or at home. Simply allowing more than one emplo}'ee to look at a file at the same time is a significant improvement over paper filcs. .T.n addition, multi-layered access allows employees lo see 3ncf change only the documents they're authorized to handle. Cetting started with document manzgcment Quality cloeument inanagement systems can be customized to almost any situation. The ultimate prohlcm . we seek to solve is how to cut f.iling costs, locate documents, and share clocuments throughout multiple departments and thus enable staffthe abilitv to view a document regardless of how many other employees are viewing the same doeument. Most of us will acl:nowledge that we simply have_ "too much paper" but we want to do more than simply find a better filing system. We need better remote access; we want to cut the cost to file documenls, as well as cul lhe cost of filing errors stich as misplaced files; we want to have agoocl security syste►n; all while making public documenLs re•adily available to staff and to the pubic. V4re also want to incorporate computer teat files, PDFs, spreadsheets, and other important files into the document maiiagement system. Starting slaw VlVhile it would he icleal to eventually have a comprehensive, citywide system (and we Nvill eventually do just that), most document managemenl vendors T conttlctecl strongly reeommend we start by implementing a solution for one or lwo cfeparcments at a time, and many vendors reeommend using the City Clerk's office first, followed by Fimince or H:uman Resources. It's mueh easier and less disruptive to get scanning done one dcpartmerit at a time and manage support for a new effort that only affects a single or few deparhnents at a lower cost. Once it's been implemented, vendors indicate that it's very common for users to expand to mulciple clepartments or cven add additional processes such as workflnw; months or years later. I)ocument iinatyin; sen-ices - sc9nning files There are rivn approaehes to start a clocument management solution; cither a"scan fonvard" or a"scan backward" approach. Although some vendors argue that it is not neeessary to scan backward; or scan all the old paper files (and we have large (Iuantities of documents received fi-om Spokane County) to get thc document management system started, i would recommend doing both methods at the same time. Document ImaainglRccord M3nagernent Memo Page 2 of 5 , I would recommend hiring one temp to scan old existing paper records thlt are not used hut must be kept -'peemanently. Other old files that have not been uscd and have a shorter retention value, can simply be archived rather than sean the documents just to dcstroy them in a few years. At the same time, I would recommend hiring another temp to use the scan forward implementation. VJe have several high volume scanners to begin this work, and/or we could rent hvo scanners exclusively for these functions. Once the documents are scanneci, the aciual paper document will be archiveci and kept or destroyed depending upon the retention schedule for the document. Veoilor hosted or on-site hosted servcr An important decision to make when choosing a doeument mantigement system is where you want the soffivare hnstecl: either in-house or with the vendor. We have elected to have this service in-housc thereby giving us the greatest control over r►Il aspects Qf the document management systcm, and we would make regular backiips on this sErver just as we do nn our reoular daily server. VVith vendor providers, payment is more likely to involve a smaller setup fee and then ongoing monthly payments based on usa?e. IT Specialist Bing is researching the type of scrver we need for this function, which would be a separate server just to handle document management. Evalaadng dueument management software When deciding upon which docuinent company I.o contract with, I believe the mnst important aspect to consider is ease of use, and for this reason, staff recommends LusErfrche. if creating, filing, a.nd finding documents isn't easy rind intuitive; staff will resisl using the system and we tivoulcf be clefeati.ng the overall purpose. IT Specialist Greg Bingaman and I have visited several inunicipalities' systems, and viewed countless pn-line demos, some of which include: Caediff's Liquid Office Copicrs Northwest - a Spof:anc campany which doesn't have many of the attributes of L,aserf che DataPro -a Spokane company, very basic, affordable, but has limits on capabilitiGs Destiny SofttivAre and Agenda-quick (too elementary) docSTAR Online University - too basie laocuware (1&H Systems) a go4d choice, used by Spokane Regional I-Iealth District, somewhat eomplcx eDrawer - very ba.eic information File Hold - too basic Gov `l'V - better applied as web streaming for live council meetings Hyland Software's OnBase ImageSource (very inclusive, snmewhat complicated) - used by Kennewick; my third choice ImagcTek (not inclusive enough) - used by Ciry oP Yasco; uscs basic adobe documents Info V ision - good system Integra- usetl by some departments in City of Spokane I..asErfiche (see attached I aserfiche reference list) - used by City of Winter Park, Florida Laserfiche - used by some departments in City of Walla Walla Laserfichc - used by Whitman County Laserfiche - used by Thurston County Leverent - very cornplicated ancl very expensive PaperNVise, Spring.field, h10 - strictly moving paper; not praetical for archiving and searching Pentac! Systcros - Spokane Softtivare developer, not good match, (initially used for a trucking company) RM Console -A Solution from Infovision Softtivare SIRE Technologies, Salt I.ake City Utah - very favorable, lots of amenities, my second choice Tower - uscd by City of Kirkland, appears complicated US Archive & Imaging Services, inc. -,*reat GTS mapping capabilities Document ImaginglRecord Ivlanagement Memo Page 3 of 5 Other then functionaliey and cost, the one item 1 kept in mind during all my research was that we wanted a . system that's easy to learn. 1 heard nightmarish tales whcre municipalities spent hundreds of thousancls of ' dollars on document rnanagement systems, only to have employees refuse to adopl it as the system was just loo complicated; or tao basic and didn't meet staff's needs or expectations. Bing and I have seen Laserfiche in action and we like the ease of use, as it uses stanclarcl and familiar metaphors like file cabiiiets and f'olders, and the ability to cut and paste, and "drag" files from onc location to another, so even the least computer-savvy employees (like your infainous city c:lerk) ean catch on quickly. i like L.aserfiche becausc it doe,sn't have a vast array of buttons or options; and staff can get common tasks done yuickly wilhout havine to cliek I:hrough numerous screens. My main qucstion to each company T rGSearehed, is "what makes your company stand out from other document imagi.ng companies." Most could not answer that qucstion, but here's what we learned about l,aserfiche: Other generfil attributes to cnnsider: • Architecture - Laserfiche is non-Proprietary. Many companies today prefer non-proprietary systems. In document management, this means that the system should store documents in original fonnats and run a1 a range of hardwarc. • Customiznbility - I aserfche is customizable. Because their funetion is so central to everyday operations, the system we use should be customizable to match our business processes. We «<ant to be able to integraCe the system into the applications staff usc loclay, such as Word, and rxcel and make use of the system almost transparent; and Laserfiche is compatible wilh EllEN, ESRI; and even Granicus shoulcl that funct.ion be added later for Council rneetino wEb streaming. • Sc:ilability - The system has lhe capability to grow with us bpth in terms nf how many users it supports and how many documents it can handlc; and we can add othee features such as council . nacket/agendas; and workflow for application processing, and even payroll/timesheet processing. • Modularity - Laserfiche allows us to buy what we need to get started, and add more as we expand our use of the system. Fven lhough we are proposing to start with the offices of City Clerk, Human ltesourc_es, and Finance, we can simultaneously have documents scanned that are now houseci in the basement, as well as our permit center address fles, and thereby get a head- start on getting otlter departrnents on the syst:em. There are also more specific features needed: • Seeurity -Laserfiche has the normal ancf custornary security options, including security rules for che enei.re system, per cabinet, per folder, per document, or even to specific sections of dacuments. • Searching - Laserfiche will provide easy and logical searching fLinctions, so staff and citizens can easily call up all related documents. • Cumpli;ince - Aucliting features can I.rack aetivity by user and by rnactiinc. • Access - Laserfiche will ensure everyrone has access, even thosc on remote loc,ation such as in automobiles, or other buildings (CenterPlace). • Workflow - Laserfiche can later add workflow processes which can autamate approval proeesses, eclitors, 3ncl other document routing, such as permits, applicatinns, and even internal functions such as nayroll. Hardw:►re fcstures and eecammendatians We have elected to run the documcnt management system in-house; and Bing is researching the kind of server needed. 1Ve currently have two large-document scanners; and the plan is to hire two fiill time ternps to scan documents by using renied scanners from Laserfiche. We have estimated the temps will be needcd for six months each. Laserfehe also proposes each departmcnt having a portable scanner within their departinent in order to keep thc scanning process moving fonvard. I would alsn recommend tiaving ' a"kiosk" at the front receptian de,sk, for members of the public to research documents, (with a printer C)ocument Imaging/Record Mxnagcment Memo Page 4 of 5 r~ \ ; controlled by our receptionist), which will simplify the reMeval of public document-s for those whn don't have reacly access to a computer. Document management system vendors VP Consulting, Inc. (VPCn, has been a Platinum Business Partiier with Laserfiche for over 15 years. VPCI specializes in providing Laserfiche as the Document Management solution for over 200 clients/agencies throughout the Northwest. Longevity is an important consideration 1s we want someone who will be able to provide support for many years to come. VPCI has support availnble Monday through Friday, 8:00 a.m. to 5:00 p.m.; and e-mail and phone support is provided at no additianal charae with the paid annual maintenance. Lascrfiche is installed in o<<er 23,000 sites and is and has been recognized as the leader in Nlunicipal installations. L.nserfiche is non-Proprietary, open architecture and eaposes the API with thc Complete Intcgrator's Taol Kit. Simplified, this meaiis that the tool kit allows customers to integrate Laserfchc with other applications, such as EIaEN, PLUS, ESRI; and to do that, it has the ability to link to other databases and opeo up and eapose the code that allows that integration, This "opening" and sharinn is a huge selling point and it helps to eliminate duplicate data entry in some cases. Using their system wilJ also include an automatic index system thereby eliminalinj the need for our stafFto draft individual indeYes. Document management tools pricing As Council is weli aware, document mana5ement systems are a major expense, a.nd we have set asicle $400,000 for this project. We must aIso keep in mind lhat these systems are highly customized, so costs will vary tremendously depending on the features and integration work reyuired or desired. Realizing that many of our f les from the County contain stapled, damaged, non-standard size documents, we feel thc _ benefit of having those documents scanned far ouhveighs leaving those in archived bo.ces, as those documenCS represent a high percentage of thc public recorcl requests we receive daily. 13ing and 1 will be attending VYCI's Laserfiche Hands-on workshnp September 8 through 12 in Oregon. We feel this is a» excellent opportunity to get more familiar with I..aserfiche, speak to others who use the system, ask questions of the vrendor, and see their other products for possible future purehase, lenni the basics, and learn how to make the best use of the taols they offer, including learning how to design a disaster recovery plan that will best meet our needs. We are c.ccitecl to attend this workshop. Within the nert cveek or ttivo; Couneil will be asked to consider arproving an interlocal agreement with Thurston County so that we may "piggyback" on ThursCOn Coumty's contract, ancl thereby eliminate the need to go through the REP process. Once the contract has been approved and signed, we should be able to get the first few departments running with Laserfiche by the end of October or early November this year. Document lmaging/Record Management Mcmo Paae 5 of 5 Partial List of VPCY Washington State Re.f.erences ~ l) Lewis County 9) Washington State Court of Appeals Mr. Steve Wohlld Mr. Clair Brtiggeman information Services Manager Staff Attorney (360) 740-3349 253-593-2970 Slwohld@,co.lewis.wa.us Clair.Brufz eman,a~}~courts.wa.Q,ov 2) Skagit County 10) Cily oF Sequinl Mr. Mike Almvig - Ms. Cori Russell Bobbie Usselman 1'r Director anci Records Manager Taeputy City Clerk 360-336-9404 360-681-3432 corir(a?co.skagit.wa.us busselmanawci.sequun.wa.us 3) Whatcom County 11) City of Auburn Mr. Josh 'Nlylander NIs. Lorrie Rempher IT Director IT Director (360) 676-7684 (253)) 288-3160 mv_1ande@co.whatcom.wa.us lrempher rr,ci.auburn.wa.us 4) Washington I7cpartment of klealtll 12) Cit), of l3ainbridge Island Mr. Timothy 17river Ms. Rosalind Lassoff Network Specialist Deputy City Clcrk/Records Officer . 360-236-4698 206-780-8604 Timothy.DriverpL70H.WA,GOV rlassoff_.ci.hainbriclue-isl.wa.us 5) Cowlitz Counly 13) City of Med'uia Ms. Cliris Nelson Mr. Craig 1'ischer 1S llirector, Cecitral Services/IS and Technology IS Coordinator (360) 577-3024 , 1 425-233-6419 nelsonc cr,co.cowlitz.wa.us cfischeru,medina-wa.gnv 6) Grays Harbor County 14) City of Port Angcles Vtr. Dale Gowan Mr. Jim Harper Director of Central Services Director of IT 360-249-4144 x 513 360-417-4513 dgowan@,co.grays-harbor.wa.us LHARPER@cinrof-Pa.us 7) City of Oak Harbnr 15) City of Port Townsend Ms. Connie `Vheeler Ms. Pam K.olacy City Clcrk City Clerk 36Q-279-4539 360-379-5045 Cnn.nie.N~rheeler. cr,oak.hazbor.orp, pkolacy(@,ci.port-toNvnsend-,%va.us 8) Washington State Board of Tax Appeals Ms. Carol Lien Clerk of the Board 360-753-5446 Cfien@bta.state.wa.us '~i) City of Tumwater 21 ) Vacation Internationale ~ Ms. Sheryle Wyatt Ms. Darothy HEiret City Clerk Director Information Services 360-754-4130 x 238 425-454-3065 x 1213 swryatt(@,ei.tumwater.wa.us dheriet(cr~,viresorts.com 17) City of Walla Walla 22) Walla `Valla Gcneral IIospital vls. Kainmy Hill tv1r. Gary laietz City Clcrk TS Directnr 509-527-4424 509-527-8004 khill@ci.walla-walla-wa.us laietzGW(cr~,wwmail.ah.org 18)1 t. Lewis 23) Okanogan County Mr. Brett Langl4is Ms. Mandy Hancock IT Director IT Director of Central Services 253-966-1687 509-422-7127 Brett.lanQlois{a~us.army.mil Mhancock(@co.okanogan.wa.us 19) Jamco America 24) Island County Mr. Craig Fredlund Ms. Cathy Caryl Systems Analyst/l~'rogrammer 1 NE 7'~' Street 425-791-3 ] 00 Coupeville, ViIA 98239 r~ Craig Fredlund@Jamco-AiDerir-a.com 360-679-7305 ( cathyc@co. island. wa.us J 20) JeEferson County 25) FSD 112 Mr. Mark Burnfield M.r. Brant Russell County Records Manager 2500 NE 65U' Ave. 360-385-9356 Vancouver, WA 98661-6812 mburnfield cr.co.iefferson.tva.us 360-750-7502 X150 brant.russell(u},esd 112.org 27) Thurston County Mr. Brian T'erris Information Services Manager 360-786-5420X6448 ferrisb@co.thurston.wa.us ~ COOPERATTVF PURCHASING AGRECMENT In accordanee with Chapter 39.34 KCW, Thurston County and the City of Spokane Valley agree to a eonperative govemmental purchasing agrccmeni: for Goods or Services using Thurston County's competitively awarded contracl with VP Consulting Inc. 1°hurston Count}, diereforc extends the use of its contracts to the City of Spoktine Valley to the extcnt nrovided by law and upon the following terms: 1. The veridor agrecs to cxtend to lhe Gity of Spokane Valley, thc terms and conditions of Thurston Caunty's contract(s). 2. Ihe City of Spokane Valley aceepts responsibility for compliance with any additional or varying laws and regulations aoverning its purehases. Any purchase by the City of Spokane Valley shaIl be affeeted by a purchase order fi•om the City of Spokane Valley and directed to the vendor. . 3. `I"hurston Count-y Accepts no responsibility for the performanee of any of the purcha_sing contracts by thc venc{nr. 4. Thurstn❑ Cnunty accepts no responsibility for payment of the purchase price by the City qf Spokane Valley. This agreement may be revoked at 1ny time in writing, by eit:her party. Accented for Accepted fnr Spokane Valley Thurston County J ~ • David Merzl?l Name:.. Title . ~ P Taated: Dated. ATTEST: City Clerk, Christinc l3ainbridge Approved as to Form: Approved as to Forai: Office of the City Attorncy Cooperative 1'urchasing Agreement Fage t of ]