2008, 07-01 Study Session l.
:~c► rs~ u,~
C[TY OF S1'l)KANE VALI_EY
C17'lr' C0ljNC1L WnRk~tiIiCET
STUDY SFSSI()N
Tuesday. July 1, 2008 fi:OU p.m.
CI'rY H.4LL C(1LiNCiI. CH.A:lvt8ER5
11707 East Sprague Avcnne, First Floor
(Pleasc Silcncc Ynur Cell Phancs During Wc .N1eedag)
.1'ew F.mplu),cr Iurrodu~ tio1; Ncturn»wtcr Enginrrr Slriln .Sjnrvu+'e, wtt! Cunstrlxtlu+r lnspec•tvr Ken f'anDyk, by
v,4lanager A1ike
t'uhlu Wwks Director Nerl It er.s~Nn; .adnt~~tistrrl~iti~e Ars}.rtcml,t~rhoellr Ruomui.scn by Drprrh, Crt
.Irx*con
1)ISClISS10\ [,fADER SLtB.TFCT/ACTIVITl' CO.AL
ACTlnti 17'E!11S_
ftick VanLemen Nlotion Considerntian: Approval of hicmorandum of Approve Mcmarandum ot
i_`ndetstnnding„ WeLshingtan Tra[iic 5ufetV tTndccsianding
Commissian: Ovcriime Funding 1puhlfc commcn(]
[)it%'C 'VSCfCiCf StMian Considcration; Arccpt the ICMA A„rssment Acxcpt Yroposnl
of I_aw Enfon:emeot Serviccs }'rr►posal ipabtlc
commenti
ltEGULAR STULI' SESSlUN iTtiMS
Dave tilemicr (20 min) Validation ol C:auncit fiudbct Goatls for ZIKI$, 2009, DiscussionlInformntion
2010
I K c•n 'fhompson (15 min) I'ricphonr Utility Tax Options Aiscussion/Iaformation
~kcn Thumpson! Solid N'ste Ostions Discus,ian/infornuttion
i:xry C)ri.;keil (15 min)
6 Mike Gonneily (15 min) Fin Departrnenr. (nterla:al Agrecment Discussiau/lnformcuioa
? l:xthy McCiung Lighting Stnnderds Discussion/informatiua
(?p minutes)
8_ Strvr Wuriey (30 min) 8nrl:rt Raad Bridgc Artt%ark DiSCUSSiurv7nFarmntion
9 11 Kcrsten (IU min) Spokanc Rcgipnal Sotid 1Yaste Audit Uiuussiatv'Inforcnation
Io. Neil I:cmten (10 min) SpraguclConl:lin Signal CltangC Or[ict Discussintulnformntion
I!. Neil Kcrstzn (20 min) City Etall Site Yianning Cantract Discu.►siQnllnfarmation
i2. Muyor Munwn Advancc A$enda Discussian/Inforrnalion
13. Mxyar h'tunscn Cuuncil Chcxk-in Discussiarulnformntion
id. Uavc Mrsc+t~r Citr Rlunaerr Chrck-iri Disciic.iklnt'lnform.itinn
ADJOI;RN
Vnlr. l;nlru ~Nherx•isc ootal abose, thrie will bc no pahlic cvmments at Caoaeil Stu~ty tit~qionr. Noweitr, l:anncil dwsye raerk~o
tbe rtght to requqt lafurmAtioa Gom Ihr publlc aad slalTai appropriate. During nreetit►jp hcid bp ihr City crf Srx,knne Vnlisy Ccronc;l,
tt►c Cuuncil rescrvcs the r£ht tu tnke "actfoa" un aoy item liiteJ ur subsNuently attsied tt the twenAa. fhc 1.Yrn "~ciirni' mr.ar►, to ~~~lihmsc.
di.scuss, ro%icw, cansidrr. evnluatc, armnlcc, r.allectivr positiva otncgitivc dccisinn.
\O' ICE lndivicluals plannirtg !o attatid ttia mnetittg w'tto roquite srecinl wg-istmcc ta sc:rnnmodorc heatiog, or othcr
in:p,iinnrnta, plcnsc :cintat dx C'ity Ctak nt (509) 921-111M Ls st~on as pcrssibfe so ttrst krtvrgrtttrnt, ;nay h: ma;lc
ii.~l'. •;un .~;..r.~i ~-;I.:.iv ( 1 I
0 CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: July 1, 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 Memorandum of
Understanding, Washington Traffic Safety Commission: Overtime Funding
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND: See attached June 20, 2008 Memo to Police Chief VanLeuven from Esther
Larsen, Spokane County Sheriff's Office.
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OPTIONS:
RECOAfIMENDED ACTION OR MOTION: Move to approve the Memorandum of
Understanding, Washington Traffic Safety Commission, in an amount not to exceed $3,000 for
overtime for the August campaign of "Drive Hammered Get Nailed" DUI Emphasis Patrols, and
authorize the City Manager or designee to sign the document.
BUDGET/FINANCIAL IMPACTS:
STAFF CONTACT:
ATTACHMENTS:
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IVlemo
To: Spokane Valley Police Chief Rick VanLeuven
From: Esther Larsen, Spokane County Sheriffs OfFice
Re: Washington Traffic Safety Commission em;nhases with reirnbursement forovertime
Date: June 20, 2008
Per your request, here is general information on reimbursement for deputies'/officers' overtime for
Washington Traffic Safety Commission (WTSC) emphases, specific information on the upcoming
. Drive Hammered Get Nailed emphasis scnedulzd for the second half of August 2008 (2008
August DHGN), and information on how thess emphasis patrola be nefit the community. The
; MOUs for the 2008 August DHGN funding must be completed on Monday, June 23, 2008.
$3,000 is available for 2008 August DHGN per agency of 101 or more deputies/officers from the
information presented at the regional WTSC meeting on N1ay 20th . We use an average hourly
i rate at the 1.5 rate of $50 per hour so thai wrould be 60 hours or 10 shifts of 6 hours each. The
emphasis runs from Aug 14 through Sept 1. This is a DUI emphasis, so the deputies/offrcers are
required to be certified as set forth on the MOU to perform DUI checks.
In the event the City of Spokane Valley chooses not to participate in this emphasis, the Spokane
. County Sheriffs Office viill be eligible for $4,000 based on the total number of commissioned staff
af 241. However, I have been able to secure an extra $2,000 of funding per emphasis over the
past 5 years by applying for each 'agency' separately.
Due to audit requirements in regard to reporting of federal pass through funds, the City of
Spokane Valley must apply now for its ovrn funds unless the program is a coordinated program ~ that requires multi-jurisdictional efforts. In the event of such multi-jurisdictional efforts, the City of
Spokane Valley may be listed as a subrecipient and would then receive a letter from me setting
out the subrecipient responsibilities and other information regarding the City of Spokane Valley's
d last single audit.
This is a simple reimbursement grant for the actual hours of overtime plus the associated benefits
of FICAIMedicare and LEOFF. There is no additional cost in regard to benefits because no other
benefits are dependent upon hours worKed. All other b2nefits remain the monthly amount
regardless of whether the deputylofficer works a 40 or a 52 hour week-so benefits such as life
insurance, medical, dental, etc. are the same with or without the overtime.
I have provided Sharon Jones the information on the reimbursement as well as the MOU
template and other information on Wl'SC funding. Debra Fogler has provided information on
billing templates for bllling W7SC. All deputies and officers assigned either to "Downtown" or to
SVPD are deputy sheriffs and employees of Spokane County. Thus, their payroll Is handled by
Spokane County and the payroll staff of the Sheriff's Office. The mechanism for reimbursement
is as outlined below.
Overtime slips are signed by the deputylofficer and herlhis supervisor and turned in for payment
on the payroll next available. The organization unit to which the deputy/officEr is assigned is
charged for the overtime. This is the standard process for all overtime. If that overtime is to be
reimbursed from another revenue stream, a spreadsheet and other dacuments, all of vrhich are
available to Sharon Jones, are produced. The Sheriff's Offiice will send a bill to the City of
I' Spokane Valley via submitting these documents and an invoice to the City of Spokane Valley.
1 The City of Spokane Valley will pay the Sheriff's Office and then will be eligible to be reirnbursed
' by the WfSC by submitting a state invoice with all documents required for the particular
~ J emphasis that was complsted. The checac or electronic payment from WTSC comes to the City
~ of Spokane Valley. In the meantime, the Sheriffs Office will credit the funds received from the
~
Mzmo re: WTSC emphasis palrols Page 1 of 2
June 2008
City of Spokane Valley to the overtime that was paid to the deputies/ofFicers working the overtime ~
on that particular emphasis because the overtime budget must be balanced each quarfer.
A benefit of participating in these emphasis patrols (aside from the fact that it is the mandate of
law enforcement to enforce the traffic laws and my hope that we as a community would prefer not
to have injuries, fatalities and property damage resulting from drunk drivers) is that WTSC will
look at the agencies rvho do these emphasis patrols and be more likely to approve their requests
for equipment grants and for project grants. Law enforcement and the jurisdictions receive good
press coverage for taking on this public service. The public and especially our partners such as
the Greater Spokane Substance Abuse Council and other preventian entities appreciate knowing
that our elected officials and other decision makers are taking action in regard to preventing and
enforcing crimes involving substance abuse, DUIs and traffic violations. Our youth will hopefully
understand that that there will be consequences for drinking and driving, that they are risking their
lives and others if they drink and drive, will get drivers for people who do drink and will change the
statistics in regard to DUIs and other traffic violation, thereby making our communities safer.
Education does some of it, but enforcement is where it makes a difference because there are
consequences, including monetary fines, loss of driving privileges and potential incarcera#ion. It
is my hope our elected and appointed officials would see this as a positive community effort of
their jurisdiction partnering with law enforcement and the federel funding passed dowm to the
jurisdiction from WTSC.
END of Aqema
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Memo re: IrVTSC emphasis patrols Page 2 of 2
June 2008
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6Ta}y Q~
MEMORANDUM OF UNDERSTANDING
WASHINGTON TRAFFIC SAFETY COMMISSION
THIS AGREEMENT, pursuant to Chapter 39.34 RCW is made and entered into by and between the
Citv of Spokane Vallev
Agency Name
hereinafter referred to as Agency, and the Washington Traffic Safety Commission, hereinafter referred
to as WTSC.
IT IS THE PURPOSE OF THIS AGREEMENT to provide overtime funding to law enforcement agencies
to conduct "Drive Hammered Get Nailed" DUI Emphasis Patrols as part of a National August DUI
Crackdown during the period between August 14 and September 1, 2008. The goal of this project is to
contact as many DUI violators as possible as part of a National and Statewide high-visibility enforcernentcampaign.
0 Funding from this agreement is not available for activity before or after this period and may not exceed
the amount prescribed by your local traffic safety task force coordinator. Funding is available only to law
enforcement agencies who are participating in X52 patrols during 2008. This funding is in addition to
funding received to conduct X52 patrols.
IT IS, THEREFORE, MUTUALLY AGREED THAT:
1. Agency will provide commissioned police officer(s) (active or paid reserve) with appropriate
equipment (vehicle, radar, etc) on an "overtime" basis (not to exceed 1.5 times normal salary) to
participate in the National August DUI Crackdown called UDrive Hammered Get Nailed."
Agency may provide communications officersldispatch personnel on an overtime basis with prior
approval from Impaired Driving Program Manager for the WTSC.
2. Agency will receive an amount not to exceed $3000.00 for overtime for the
August campaign.
3. Agency agrees to participate in night-time DUI patrols between August 14 and September 1,
2008. Nighttime is defined as between 1600 and 0600 hours.
4. Performance standards for lavw enforcement personnel on August Crackdown is a minimum of
three (3) self-initiated contacts per hour. This is an enforcement activity intended to
apprehend impaired drivers. It is expected that a Notices of InfractionlCitation will be issued at
contact unless circumstances dictate otherwise. It is understood that violator contacts may result
in related, time-consuming activity. Such activity will be considered for reirnbursement. Activity
0" other than that initiated through emphasis patrol contact (investigating collisions, emergency
MOU Drive Hammered Get Nailed August 2008 page 1 of 3
responses, etc) will be the responsibility of the contracting agency and may not be considered for
reimbursement.
i
5. Agency must report patrol statistics on the form provided (activity log) within 48 hours after the date of the patrol to:
Pegqy Gilliland, SCTSC Coordinator
1026 W. Broadwav
Spokane, WA 99260
p„qilliland(c~spokanecountY.orq
509-477-2342 (Office)
509-477-7478 (FAX)
(Fill in with Task Force Coordinator's name, address, fax, email, and phone.)
6. Payment cannot be made until activity logs are received.
7. Agency must submit claims (A19-A1 forrn) for reimbursement in a timely manner to their task
force coordinator (name and address above) who will forward to V1TSC for payment. The task
force coordinator tracks the total budget for your county and therefore must see all
reimbursement papenwork. ,
Agency must subrnit reimbursement forms no later than October 15, 2008. Requests for
reimbursement received after November 15, 2008 will not be honored by the WTSC. Claims for
reimbursement must include:
♦ Invoice Voucher, A19-1A Form. Please note that we cannot accept a fax. Identify your
agency as the "Claimant." Include a Federal Tax ID # and an original signature of the agency
head, command officer or contracting officer on the A19-A1 form.
♦ Payroll support documents.
♦ Activity logs must have been filled out and tumed into the task force representative within 48
hours of the patrol to receive payment. You may include copies of the logs with the A19-A1,
as well.
8. Disputes arising under this agreement shall be resolved by a panel consisting of one
representative of the WTSC, one representative from the Agency and an agreed upon third
party. The dispute panel shall decide the dispute by majority vote.
9. Either party may terminate this agreement upon 30 days written notice to the other party. In the
event of termination of this agreement, the terminating party shall be liable for the performance
rendered prior to the effective date of termination.
10. Agency certifies that none of the funds for this project supplant the normally budgeted funds of
this agency nor do these funds pay for routine traffic enforcement normally provided by this
agency. -
MOU Drive Hammered Get Nailed August 2008 page 2 of 3
11. Agency certifies that all of the officers that participate in DUI emphasis patrols under the terms of
~ this agreement are SFST trained.
12. This DUI Crackdown is part of a highly publicized National effort to reduce impaired driving. As
such, WTSC will be launching a coordinated and localized publicity campaign to let the public
know that extra enforcement is out in August looking for impaired drivers. Therefore, Agency
must provide the names of two agency officers who can be available for media requests and
questions:
Sergeant Mike Zollars Serqeant Dave Reagan
NamelTitle NamelTitle
509-477-3352 509-477-6212
Office Phone Office Phone
509-710-0974 509-496-6589
Cell Phone Cell Phone
IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT.
City of Spokane Vallev
Agency Washington Traffic Safety Commission
Dave Mercier, City Manager
Contracting Agent (Name) Date
0 Signature
Date
Please return this signed MOU to your County Task Force Coordinator
Peq4v Gilliland
Task Force Coordinator
1026 W. Broadwav Ave.
Address
Spokane, WA 99260
City/State/Zip
509-477-2342 pqillilandC~a spokanecountv orq
Phone/E-mail
Task Force Coordinator, please forward signed and reviewed document to:
Shelly Baldwin
~ Wl"SC
PO Box 40944
Olympia, WA 98504-0944
MOU Drive Hammered Get Nailed August 2008 page 3 of 3
0 CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: July 1, 2048 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: Assessment of Law Enforcement Services
GOVERNING LEGISLATION: None
PREVIOUS COUNCIL ACTION TAKEN: At its January 12, 2008 retreat the City Council
discussed the desire for an afternatives analysis of police services. At its June 14, 2008 retreat
the City Council reviewed and discussed a proposal for an assessment of law enforcement
services submitted by ICMA Consulting Services on behalf of the Intemational CitylCounty
Management Association.
BACKGROUND: During the last five years the City Council has periodically discussed the
need for an alternative analysis regarding start up costs and other considerations related to the
~ potential for establishing a city police department, the identification of performance goals related
to law enforcement services provided to the citizens of Spokane Valley and options for
improving and revising the law enforcement contract with the County. The attached proposal
and list of issues outline the scope of services and items of interest to be addressed in ihe
proposed assessment.
OPTiONS: 1. Approve the proposed assessment. 2. Revise the proposed assessment. 3.
Decline the proposed assessment. 4. Give the matter further thought.
RECOMMENDED ACTION OR MOTION: Move to accept the proposal for the Assessment of
Law Enforcement Services presented by ICiV1A and authorize the city manager to finalize and
execute a contract for such services.
BUDGETIFINANCIAL IMPACTS: The cost of the assessment is quoted at $110,000 plus
travel expenses not to exceed $16,500. The cost of services will be paid by General Fund
resources appropriated in the FY 2008 budget.
STAFF CONTACT: Dave Mercier
ATTACHMENTS ICMA Proposal and the city manager's list of issues and items of interest.
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Disclosure Statement R.elated to a P4tential Contract with che Intemational Citiy/County
Management Association (ICMA) for an Assessment of Local Law Enforcement Services
May 21, 2008
Background on ICMA
Founded i.n 1914, ICMA (International City/County Management Association) is the
premier local govemarent leadership and management qrganization. 1ts mission is to creatc excellence in local governance by advncaling and developing the professional
manaaement of local government worldwide. In addition to supporting its nearly 9,000
members, iGMA provides publications; data, information, technical assistance,
and trauivig and Professional development to thousands of city, town, ancl county experts
and other uidividuals Ch.roughout lhe worlcl.
1CMA is a 501(c) (3) nonprofit organization that offers a wide range of services to its
members ancl the local government community. The organization is an intemationally
recognized publisher of i.nfonnation resources ranging from teatbooks and survey data to topical ncwslctters and e-publications. ICMA provides technical assistance to loeal
governments in emcrging democracies, helping them to devclop professional practices
and elhical, transparent govcrnments. `I'he organization perforrns awide raiige of
missinn-driven granl and contract-ftulded work both in the U.S. and internationally, -
wfiich is supported by Fecleral Government Agencies, Foundations and Corporations. ,
David Mercier's Aff:ilialion wilh ICMA
1 he city manager has been a member of this professional association since 1976 and has
participatcd in nlunerous 1CN1A professional development Excrcises thrpugh cUnference
attcndance, volunteer work, professianal credentialiaig and paicl consultancy. Between
2005 and 2007, the city manager perfonned compensated consultant sEC-vices for ICMA
managing 1 tecluucal exchange focused on economic development and academic
eooperation between Tauhrovnik, Croatia and Monterey, Cali.f.ornia. Funcling For the
Technical Twinning Pra~,*ram was derived fram a U.S. Agency for International
Develapment conCract with the Urban Institute, subconlracted ,vith iCMA. ICMA relies
on public sector practitioners around the globe to fulfill its contracting efforts fostering
eacellence in local govcrnmcnt worldwide.
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ICMA r s ,
Leaders at rhe Core of Better Communitres
Proposal
Assessment of law Enforcement Services
for
The City of Spokane Volley, Washinflton
May 27, 2008
Submitted by;
iCMA Consulting Services
Intemationa! CitylCounty Management Associaiion
777 North Capitol Sfreet. NE - Suite 500
Washington, DC 20002
Q,aamettOicmo.oro
202.962.3585
ICMA
leaders af the Core of Better Communities
Mr. David MerciiJ,
City Monager.
City of Spokane vc
11707 E. Sprague A,•T_
Spokane Valley, V~ v,.
Dear Mr. MetCie%:
Trle PUblIc
lh{S {?fOp'O$Ol fOr O'C~;$:`.~-: :f I.1`~, ~if 1
Voieey, Washingfor,.
Asyou kriUtiv, ICMA nOS ~-qC ,-1i-.:i -rv~;=
}Of d@Cdd9S, Wf}iCrl f'IClV@ fl@lpr'.--, I;J I'; i~;fCiVt 'f'.e ~~.1C] Ify ie 1J' (il'!', If'.U, f~-C.:_•f il: I~ the United States and abroad
This proposal is specifical;y desiyned tc provida youi c-ify w;tn a irioroug►i
unbiased solution to the questions facing your community regarding the delivery of
po[tce services. Because this issve will have a dramatic impact an the Clty of Spokanr
Valley for many years, and becouse the City must have complete confidence in thF
outcome of our reparf, we hove ossembled what must be considered a premier te~r-,-i o`
subject matter experts wiih nationalty recognized expertise in a wfde range a` la-,,%,
enforcement related areas.
ICMA is foCUSed on (ully cddrrss;nr a!' thc, i;s:,ies fi-tui shuul:i be sludi~-ri ir,
❑dvance of the decision making process so ihat you and yaur elecied officials will 1iave
o complete in-deotn review nnt only of thA r!irrFrf level5 of pnl!ce services but whai tnc..
optiotls;n=
clients in ine local government, sfate and privatc; sectars as weil. 8ocause af the
expertise that ear_h o( these pessons bring, yot_r can expsct the htghest qualify salutic r,
o CCtSf eqUC7) t0 a~-~~~r~rim~1~~•'. 'hat O` :jr-It fuli officcr with i~.• or7-
year or less.
From an enterpnse-wide per5pective, we gucirantee an honest-broker so~utic:n `:r
your jurisdiction's challenge. I, along with my cvlleagves at ICMA, greatfy oppreci:!-~-
this opportunity and woUld be p leased to address any cornments y
moy c, SincerF .
.
A.T. Gomett
5enior Manager. h",arketing and Operations, tl--MA CQnsufting Servires
ICMA Background
Internaffonol Clfy/Counfy ManoQemertf Auoclatlon (1CMA)
1he mtemationol City/County Management Assocfafion (ICMA) fs the premier local
govemment leodership cmd management organizafion. Since 1914, ICMA's mission hos
been to create 8xcellence in local gavemance by develvping and fostering professional
local govemmenf marwgement woridwide. Taward this end, fCMA provides an
informatian clearinghouse, techNcaf ossLsiance. and tralning and professionai
development to mwe than 9,100 chfet appointed administrafors, assistant administrators.
and other individuals ttxoughout ihe wortd. The orgonlzation's resources and sefv+ces
reach thousands of local, state, and tederal government personnel, ocodemics, privote
sector professtonals, citizens, ard othei indlvidua{s with an interest in effective
monogement at the locai govemment level.
ICMA's members represent the adminisNative cenier of professional municipol, county.
and regional services that atfect millloru of urban and rural citaens on a daity bvsis and
are responsible ta the leadershlp that eruuxes strategic economlc growth and
manogement ot pubqc serAces and inhastrucfure planning, investment, and
developmeM. Every day, tocol govemmenf monagers determine policy. progromming,
fundfng. ond strategfc declsions that fmpact the abllity of local resources to deol with
situations of ap types, inciuding the managemeM and operations of public sofety and
legal d8partments, lacal govemment manogers serve as the "hub of the wheel,"
coordinoting e`forts and implementing strategies for maximum effectiveness and
efficiency.
ICMA ConsuMtng Servlces
The ICMA Consulfing ServJces team hefps communities solve criticol problems by
providing management consulting supporf to locaf govemments. One of ICMA
Consultrng Servtces' expertise is pubiic safety services, which encompasses the following
areos ond beyond: organizatlonal development, teadership and ethics, training,
assessmenfs of colls for service woricload, 5faffing requirements anatysis, design'nq
standards and hfring gvidelines for police artd flre ch3ef recruitment, pollce/fire
consolidation, cornmunity affented policing, and city/caunty/regional mergers.
The ICMA Pubfic Safety Services teom is led by Leonard Matarese, director ot puhli._
safety senrices, ICMA Consultrng Servtces. Leonord. along with a team of highty
experienced, hond selected consultants suppat a number of public safety servicAs
projecis for jurisdicfions nationwide.
Qualiflcations
Amang 1CMA's many activities, it assists local gavernments through a variety o` programs
that focus on specific local govemment concems Including pub(lc safety and fire and
pofice protection. ICMA's focus is on the management perspective in organizing and
operating these oreas. For ihis purpose, ICMA Consultirrg Servfces acts as an objeciive
and trusted broker tapping lnfo the knowledge of the assoclatfon's membershlp base
and combining experftse from other appropriate experts to otfer innovafive ideas, lessons
leamed, and leading practices to cornmunities facing simllar challenges. The program
provides practical advice and tesources thaf Iocal government managers and statf
need to improve services and service delivery in iheir communities.
Prolect Understanding Bosed Upon Site Vislt
Based upon a site visit conducted by Leonard Matarese ICMA Consulting Services offers
the following synopsis of Spokane Valley's current needs.
3
The ciry wishss to determine the effecfveness of fl relationship between the County
Sheriff's Department of Spokane Valley versus understanding the ramiflcations of
creating its own police department. In both cases. the city wishes to have in place
proceues ond procedures to measure service periofmance. Thts will involve provision of
quantitative methods to determine the appropriate staffing leveis within the city's fiscal
constrQints and the city's poficies regard'+ng Ievets of public safefy servfce.
rhe Gty of Spokane Vailey cuRently contracts for police services with the Spokane
Counry Shertff's Department. The primary objective oi th►s proJect is to present to H--
with an unbiased review of the positive and negative romifications of renewing i,
controcl with the Sheriff's Department versus estoblishing on independent policF
department. The city atso has an interest to introduce routine performance
measurement and to establish cuRent leveis of performance and wcxklood in police and
to Idenlify oppcxtunities for improved performonce.
Bosed upon the intormation generated by this pro(ec► the city elected officiats wfil L._
positioned to :_,r , ~ ~ , - ~i. ~ ~ -
the communil .
Prolect's Scope of Servlces
TheCityofSpokoneValleycu,i...~~;y;..,`~~:~„i;.
County Sheriff's Department. The primary objective of fhis project ls to present tc,
with an unbiased revlew of the posltive and negative ramifications of renswing l!s
contraCt with the SheRff's Department versus es'ablishinct on independent police
departmens
r-c:
Tne projeci cc~r~, cf r~ir•,:_ c ,T~.~- ; w . ,.-j . ~r ;ir:I 1 ka '
y 1 he r_1! oF>c-,c. _i
timefrome is }rom July 1" - November Pt. Some of the stage5 will occur simu(tanc--, r ,
iCMA wi11 assemble a team comprised of ICMA profeSSlonal staff as wefl os suhie: •
matter experis. Each stpAe ot the project wlll be led by a SME, 055I5f@ci k t! -r
menibers of the teom.
A breakdown ot what wiil occur in each stage foi
Stafla One (CompletedJ - Preftminary On-SNe Assessr,,: r~r allowed ICMA fo better understand the city's o;-
and to meet with 1he sheriff and Stage Leader. Leonord Matares-
StageTwo-WorkloadondDeployn-,_.r•,i :.:,u~y .Is
a current, h+ghly detailed workioad and cieployment anUlysis. lltilizing operatior,
research mathematical approaches thls stage Includes analong the city's Calis :
service demand as well ns officer initiated activities: officer deployment, perforrr•..:n:.e
measures, stOffing levels (right s'rzing), and work scheduies. A full response time analysis
will be prov+ded as welL This reporf will be provided with deta1ed charts and graphs as
well as in depth wrft-ten anaiysls.
Stoge Leader: Kenneth Chelst, Ph.D.
Stage Three - Pollce Llne Operations Assessmant - Review in detail the daily field
operations of the agency, communlcations and record keeping, comparing it to best
practices. This stage incfudes a rev(ew of command and conirol of patrol forces,
spec:iofty squads, criminal investigations, crime scene forensics.
Stage (thrce) Leader: James Gabbflrd
Stage Four - Pollce Staff Operations Assessment - This stage will review in detoil the staft
operotions utilized by the Sheriff's Office to provide services So the city. including
4
communications, equipment and iQCifities, uniforms, weapons, rodios, etc. It will identify
the equipment ond facilities which wouid need to be acquireti by the city should an
independent department be established. Speciaf attention wpi be given to identffication
of staie of the art technologies cuRently available to poNce leaders. Addiflonally. ICMA
wUl expiore reglonal possibilltles wlth the C!ty of Spokane and Sheriff's office and
other municipal entities that are In close enough proximity where It makes sense to
partner.
Stage Leader: Wikfiam Befger, Esq.
Stage Five - Rnanctal Anatysls - Review current financial situation and costs to maintain
current department. Determine operafional impacts. Develop the other sfart-up and
operoting cosis and look ot options tor financ3ng the facilities and equipment costs to
artive at annual operaling casts that would reflect o typical city police department
operation. This stoge includes revfewing the city's susfalnable funding. Rnancial impacts
and budgetary considerations.
Stage leader: PaMcla Koftles, Vice President & Director of Quanfltotive Services.
Consulting Servlces, Springsted Inc.
Stage Slx - l*yal/Wsk Management Anatysis - Review ot current ond future contracf
arrangements. This stage includes risk monagement and determining cutrenf and future
f(abilities.
Sfage Leader: George Aytesworfh, Esq.
Stage Seven - CommunMy Potlclnp/ IMsmal Aftolra/ Vlctlms Servlces - Review of existing
systems to provide citizen access to complaint sysiem, internal affain processes,
community poiicing efforfs and crime victim serv(ces.
Stage Leflder. Christine Cole
Stage Eight - Recrulhnent/Selecflon - Cunent Sheriff's Offices practicss will be reviewed
and compared to besi practices with porticufor attention to identiRcation of recrviting !
setecfion octlvities designed to attroct and reiain high service oriented officers, utitaing
systems developed by the Department of Jusfice. Community Odenfed Pofice Office.
H;rirtg in the Spirit ot Service ProJect (H55). Additionally, fhis stage wtll iocus on
promotional processes consistent with the law Enforcemenf Leodershlp Initiative (LEII)
project ot tho Department of .lusfice, Bureau ot Just(ce Assisionce.
Stage leader: leonord Matarese
Stege Mne - Efhlcs/Tralning - Current practlces wUl be viewed with an emphasis on ihe
level of comrnitmenl made to strengthening ethia companent of in-service training
activities. Adciitipr►al focus will be placed on tactical ond opsrational training and
develaping problem solving capabiifties within pohol torce. Outtine will be developed
describing 'best procHces" trofning aptxooch to be odopted wilh establishmeni ot new
agency.
Stage Leader. Fronk Straub, Ph.D.
Opaortunities for Imarovement
To examfne whether or not patrol resourcES are effic+enlEy deployed over 24-7 time
period, we wql graph deptoymeni levels agalnst workloods by time of doy, day of week.
and by potrol oreas. We will anafyze and graph police response time by caN priority Isvel
and shift to identify slgnificant pattems/differences 1n police response. These response
time analyses will afso separate aut and analyce the components of poGce response -
call queue time, iravel time, and time on scene. Consequently, a serles of trend charts,
maps and data tobles will descr(be police response time In detoil and wln provlde the
variobles needed for developing a plan bosed on Operot(ons Research methads.
We will observe ond meet with drtspotch operations to determine the extent of best
pfactices employed to efficientiy dispatch patrol units. We wilf discuss and docvment the
extent ihot the palice patrol management is applying principles of performance based
5
- ._1f ~~fli_'~ ~~fi~i i~'. il,._.__ i.j,~,. r_.iil_ i_ ..i ~ i: ~ _i.._ f....__ _ _ ._.r•_
explore with ihe patral division, detective division and special operaiions strotegies f:,r
improving crime pfevention and crime solution activities. We will then employ Operat :j r
Research models ai pofice patrd to determine hnw much response time ard nro-ic t;.J
patrol mighf be improved wiih better alignment of resaurces ond worfclooc.
FCi•~,1 EJ_`;S t Dc ]ic: (ar;ti: FG' FJ~%.t_, rI f,r-).,i;it:7
B~ci:~rout~v - ttfic~ PJI~~' -
PolicedepC7ttmentsutillZe ir~~~: ~,~•r.~ .~r~.-._ ri,.~_~es: - r,._ r~.;~.~'~~ rc,
far service and proactively to address crime pfobiems as well ongoing nuisance fssues.
(See Flgure 1.) Detectives provide anoiher eleme1- ' - ` -17'i.; j
to sotve crimes that have alreody been commftlc ~
Pollcles &
Procedures
Process Management
Contlnuous Improveme . Citlzen Expectation
- - - - - - - - - - - Citizen Compleints
Citizen Sa+.istaction
Rssponse Ttme Reduatbn
Feedback Loop
Data Driven
TaMeNe! Crhra ftduaEfon
Citizen Fcar
- - - - - - - - - - - Community DetenoraUon
' Leveraga Resourcee ~
; Flexlble and Creatlve ; ResourCQ
~ Math Model - - - - - - ~ Allocatlon
Poiice Patrol: Reactive and Proactive
ReC7Ctlvey - c0i,4eri init:qi-;:;t c~clls
❑ High pr(ority calis - citizens expect extremely rapid response
o Moderate Pdority colls - Besi p{actice deparfmenls manage ciiizer.s'
vxpectation by fetting thsm know a realistic response time and fher~ meet~n.1
ar surpasstng their expectation. If there is an unexpecied furfher delay. tr=-
citizen is contacted with up-to-date information
u Low priority calls - Best proctice departments find creative strategies such as
a telephone crime reporting so as to free up the patrol force for either rap+d
re5panse to a hlgh priority call or to continue with crime-directed activ'rties
❑ On-Scene handling: The manner fn which a police offiicer handles himsF~;
herselt on-scene plays a critical role in developing of discouraging citize,
supporf for the police department
Rapid re5ponse to the highest priority calls can sometimes mean the difference betwe+-
Iife ond death but Is unqkely to broadiy influence the crime rate. Meeting or exceedinr;
citizen expectations reduces the number of citizen complaints and increoses commun C
support for the police department. Communlty support is a cdtical element In
developing a proactive crime directed pairol force. VYith accurate and timely data, a
pollce departmeM con reduce re5ponse time by adopting o philosophy of data drivEr
continuous improvement fhat usually entoils first flnding the mvltiple roof causes of slov,
response ond then changing operating policies that contribute to the problem. They c
aEso reduce response time by making dota ddven strategic decisions that better match
patrol force I$vels with poifce pafirol woridoads.
ProQC tivetv - Pollce initiated fn coo=atiQn r4ttzcitIZ&nrY
o Police departments use detoiled crime data to deve►op both short-term
tcngeted acfivities and lan9 lasting strcategic initiatives
zi Police depQrtments can use specialiy ossigned units in conjunction with the in-
betwesn call time of fhe patrol force
o Performance measures vnd accountabllity of management Is a criflcal
element of this strategy
o Activifies need to be tracked so as to detennine their effectiveness and to
continually evolve so as to respond to changing crime pattems
Projecf Datc Anatysis
1. Document current police patrol performance and worlcload levels
2. Establfsh a ronge of performance goals and objectives for the Po►ice Department
3. Identity opportun+ties to improve on performance w1th existing resources
4. Estimote the manpower requirements and assoeiated casts thcrt would be
needed to achIeve city and polfce management specified perfortnance
objectives
5. Pravide gufdance on routine standard reports that should be used to track
perioRnance
6. Evafuvte the clfy's crime rate and conduct o crime onatysis to identify "hot spots"
and evaluate current policing strategles to deal with them.
7. Review organizotionat struclure and stoffing and propose appropriate chonges.
Cunent Pedormance
We wlll anaiyze in-depth tour weeks of summer dato and iour weeks of winter data and
assess vadatlons by time ot day, day of week, season and district. The anatysis will include
all oi trie tollowing:
aJ Fatrol deployment leve(s
b) Averoge response time to different call prioriffes
c) Proporfion of colls in each category ior which response times are
unacceptobly long. For exomple, we wlll determine fhe proportion of high
priority colls that experience resporne times of longer than 10 minutes
ay Document time periods dvrfng the week in which response time; seem
excessive
e) Average and median time spent on calls with diHereni priorities
t) Proportion of calls with unusually Iong time spent on-scene
g) Proportion at calls requiring more than one patrol unlt
h) Resources allocated to proactfve patrol
i) Resources coruumed on non-value added octivlties
7
Prolect Staffina and Orocnizction
r«xn
Leooer
leanarcf
AAolaete.
M.P,A.
1CMA-CM
Si'FIR. WU'M
CP
ICAAA
U'ld%r d
PubiC
Sooy
~
St. St. 1
Mauagot. Rescarch
Markcting AnatysL
aad Public
Opmadons. Safety
TCMA Prngranss,
Cousuhing ICMA
Services Consultnig
s«wims
A.T. Oov
(larnen, Cbatst,
M.9.A. Ph.D.
Ser~a s~°~r~owr Sentor S~eynb~r S~eyr~i,~o~r S~a,n~lyo~r Ser*x D~t~~t!~cYtur ot
rY~ ~ IK7~l. rL{i~. rWQI. ~ VN.J~IP~T
Satfefr IG~M Safaty K'.M1~ Solety tCMJ► SMa1Y fC1NA $atety PCMA Satrty ICMJ1 Sorvkas.
SpVWled
Co~uultant C~~1ont Coresuttant Gonaultwtf Ganwlloni CornuAloM Consulla~nl
Ttairt(rp ~ Dato PoAt'.e lhe Oparalbns Pdloe lr9~d Po6ce SIQlf Cllt~n 6 Mv[.
Cdectlon ~ Ope~Fvrn R~rCh I~wes tswes Vkfun's
IvxiNrb Refobons
flOTlk pQm Jarroes KerxtieM Ge*w WoOn1 Cluwh! PaMCTo
Straub. Marft Gobbcsa ctvet, ,ursworttt 9erW. cae r.etnes
Ph.D. PhA QA PRQ 1D. MIl.1Q A+t.A.. M.PA. M.dil
$
ProJecf Director, lCMA Director of Public Safety Progroms
~ leonard Matarese, M.P.A., Director of Public Safety Programs,
ICMA Consulting Serv)ces
Role
Mr. Matarese will serve as the team leader and on-site coordinafior for the project. He
wiil communicate with administrative staff and coordinate all on-sifie fieam efforts. He
will also contribute to development of a communifiy policing/problem solving
sfirategy v,rhich will con4ribute to the ultimate scheduling configuration
recommended. He is the individual to contacf conceming questions about this
proposal.
Background
Mr. Matarese is a specialist in public sector administralion witn particular experfise in
public safety issuES. He has 39 years experience as a law enforcemenf officer, police
chiefi, public safety director, city manager and major city Human Resources
Commissioner. He was one of original advisory board members and irainer for the first
NIJ/ICMA Community Oriented Policing Projecf. He has conducted numerous studies
of emergency services agencies with particular atfenfiion to matching staffing issues
with calls for seroice workload, anci is intimateYy familiar with the constraints on
manpower deployment resulting from a 10 hour workday. Recognized as an
innovator by his law enforcement colleagues he served as the Chairman of the SE
Quadrant, Florida. Blue Lighting Strike Force, a 71 agency, U.S. Customs Service anti-
terrorist and narcolics task force and as president of the Miami-Dade County Police
~ Chief's Association.
Ne is currenily o Steering Committee Member of the Department ofi Jusfiice, Law
Enfarcement Leadership Initiative and a member af the Advisory Committee for the
Depariment of Justice, COPS -"Linking Law Enforcemenfi Internal Affairs Practices
and Community Trusfi Building" project. He holds the Credentialed Manager
designation from the ICMA, fihe Certified Professional designation from fhe
International Public Management Association - Human Resources and the Seniar
Professional in tiuman Resources designation from fihe Society for Human Resource
Managemeni.
lCMA Staff Assigned to Project
A.T. "Akia" Garnett, M.B.A., Senior Operations 8. Marketing Manager - ICMA
Consulting Servlces
Role
Akia Garnett will serve a5 the primary point of confact and will monage the entire
project schedule from contract execution to completion of final project deliverable.
As accounl manager and liaison to the City, ICMA projecfi management staff and
consultants, she will work closely with entire project team to ensure that all project
milestones hove been met and to mainfiain quality assurance.
9
Dov Chelst, Ph.D., Senior Research Analyst - ICMA Publlc Safety Programs -
ICMA Consulting Services
Role Dr. Chelst will serve as researcher responsible for supervision oi data collection and i
analysis. He will work closely Wayne Staie University's Dr. Kenneth Chelst throughout fhe dafia collection and analy5is stage of fhis project and will coordinate ihe
assembly of the preliminary report. _
lCMA Senior Public Safety Consvltant - Public Safety Operations Research
Kenneth R. Chelst, Ph.D., Chair of the Department of Industrlal and
Manufacturing Engineering of Wayne State Unlversity
Role
Dr. Chelsfi will ssrve as chief researcher, responsible for supervision of all data
collection and analysis.
Background
Dr. Chelst is on expert in the application of advanced mafhematicvl models for all
emergency resources planning, especially police. Fie lead a demonsiration projeci
for the City of Detroit Police Department which cut response times by 40% using
continuous improvement and data ctriven decision making. Over the past two
decades he has studied several dozen emergency services operations using dafia
driven techniques fio determine the most efficient organizational sfructures to provide
public safety services.
He halds a Ph.D. degree in operations research from M.I.T. where his dissertafion topic .
was Mathematical Models of Police Patrol Deployment. His research interests include operations research models applied to emergency services, strucfiured decision making. He is a nalionally recognized expert on the merger of police and fire services
into a public safety department and on the relative performance of one versus two
officer pairol unifs.
ICMA Senior Public Safety Consultant - Data Collection and Analysis
David Marfin, Ph.D., Senior Reseercher (n the Center for Urban Studies,
Wayne State Universlty
Role
Dr. Mariin will perform computer programming io support data collection, sfatistical
analyses, geographical information sysfiems (GIS) analyses and presenfiation ofi
alternative allocation plans.
Background
Dr. Marfin specializes in public policy analysis and program evaluation. He has
worked with several police deparfments fio develop crime mopping and statistical
analysis tools. In fhese projects he has developed automated crime analysis tools
and real-fiime, dashboard-style performance indicator systems for police executive
and cornmand staff. Dr. Martin teaches statistics at Wayne Sfate University. He is also
the program evaluator for four Department of Justice Weed ancf Seed sites.
'
10
1CMA Senior Public Sofety Consultant - Police Training ond Ethics Issues
~ Fronk Straub, Ph.D., Commissioner of Public safety, White Plains, New York,
(former NYPD Deputy Commissloner for Traintng).
Role
Dr. Straub will act as a subjecfi mafifer experf regarding the analysis of current training
practices, with pariicular attention to the issues of ethics training both in pre-
employmenf and in-service.
Bockground
Frank Straub is an expert in police ethics and training and an accomplished law
enforcement executive. Dr. Straub has over 20 yevrs of experience in low
enforcement at the federal, state and local levels. He is currently the Commissioner
for the Department of Public Safety in Whife Plains, New York.
Priar to his current position, Dr. Straub served as the Deputy Commissioner of Training
for the New York Cifiy Police Department and was responsible for all police and
civilian training. Immediately following the 9/11 terrorist attacks. While working in the
U.S. Department ot Justice's Office of the Inspector General, Dr. Straub ciesigned and
led the implementation of SACS, an agency-wide performance management and
accountability sysfem.
ICMA Senior Public Safety Consulfant - Police Line Operations
~ James Gabbard, Clty 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 comparing it to best pracfices including patrol, investigations, and
specialized units such as motar and marine pairol 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 Manager of Vero Beach. Florida, appointed in 2005.
Prior to his appoinfiment as City Monager he compleled 37 years of law enforcement
service in a series of increasingly responsible positions. Mr. Gabbard formerly served
as the Police Chief of the Vero Beach Pofice Departmenf. 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 of the Department and in many assignments including Defiective Lieutenant
of Homicide. Upon his promofion ta Captain he was ploced in command of
organized crime and organized drug crime investigations. He retired from West Palm
Beach in 1986 to accept the chief's position in Vero Beach.
Mr. Gabbard has received numerous professional recognitions and was elected
President of the Florida Police Chiefs Association, one of the largest organizations of
senior police managers in the United Siafies. He was cited for bravery by Governor
~ Jeb Bush before a joint session of the Florida Legislature for his actions during several
hurricanes which stuck Vero Beach.
~ ~ . .
11
lCMA Senior Public Safety Consuftont - Police Legal Issues
George Aylesworth, J.D., Retired Police MaJor and Chlef of lega) Bureau,
Mlami-Dade Police Department, Miaml, Florida
Role
Mr. Aylesworfh will be responsible for examinafiion of existing contractual
arrangements with tne Spokane Sheriff's Office including compliance with intemal
controls, regulations and laws. He will supervise the review of citizen's complaints and
internal affairs procedures as well as risk management and liability issues. Additionally
he will participafe in fihe review of news media procedures and coordinotion with the
prosecuting attomey.
Background
George Aylesworfh is a refiired MiamkDade Police Deparfment (MDPD) Major who,
for more ihan 25 years, was in charge of the Miami-Dacie Police Legal Bureau. Mr.
Aylesworth began his career with MDPD as a uniformed Police Officer in 1975, shortly
afier graduating from the University of Miami School of Law. Ne worked in fihat
capacity until 1978, when he was assigned to ihe Police Legal Bureau. Promoted to
command 9he Legal Bureau in 1980, he remQined in that posifion unfiil retiring.
During his tenure with the Police Legal Bureau, Mr. Aylesworth had the opportunify to
work on many challenging issues, such as those involving imposition of special .
prohibitions and use of mutual aid agreemenfs during a state of emergency, police
use of force, and internal discipline. Also, as a result of his affiliaiion with international,
state and local law enforcement associafions, he had the opportunity to work with
and assist many police chiefs, sheriffs and other law enforcement agency heads.
Additionally, Mr. Aylesworth worked extensiveiy on the state legislafiive programs of
these assflciations.
ICMA Senior Public Sofety Consultant - Police Starff Operafrons
William Berger, M.A., J.D., Chief of Police, Palm Bay, Florida. Former President
of the International Assoclation of Chiefs of Police (IACP).
Role
Chief Berger will conduct a thorough assessmenf of all staff funcfions of the
department, including communications, equipment and faciliiies, records, uniforms,
weapons, venicles, vessels, specialized equipmenf. Me will pay particular aitention fio
the state of the ari technologies available anci will develop ihe needs of a new
police agency.
Background
Bill Berger is a nationalty recognized expert in police management with parficular
experfise in law enforcement technologies. He is currently Chief of the Palm Bay,
Florida Police Departmenfi serving a population of over 100,000 over 100 square miles.
There he is implementing numerous new technologies in cooperation with public and
private sector organizations including prograrns involving DNA coUecfiion, enhanced
rapid police response to in progress crimes and use of UAV (unmanned aircraft
vehicles); currently testing and working with FAA to fly for police surveillance
unmanned aircraft; first in naiion.
Previously he served as Chief of Police of Norfh Miami Beach, Flarida for 15 years
where he routinely gained national recognition for his implementation of new
technologies, including speech recognitian for in car police compufers. Prior to his
appoinfiment os Chief oi Police he served with the Cifiy of Miami Police Department, _
working os Executive Commander of the Training Unit and Police Academy,
Executive Commander of Communications and Commander of the Homicide and
Sexual Batfiery Unit.
12
1CMA Senior Public Safety Consultant - Citizen and Vicfim Relotions
~ Christine Cole, M.A., M.P.A., bcecutive Director, Program in Crimtnal Justice
Policy and Management, Harvard University, John F. Kennedy School of
Government
Role
Ms. Cole vdll conduct an analysis of existing systems ihat provide citizen access to law
enforcernents services and which provide opporfunities for communicating
complaints about police services. Additionally she will access community policing
efforts and crirne victim services.
Background
Ms. Cole is Executive Director of the Program in Criminal Justice Policy and
Management at Narvard Universifiy where she convenes and moderates public anci
private discussions among scholars anci practioners on law enforcement issUes. Sne
has previously served as the Chief of Staff for the Executive Office of Public Safety for
tne Commonwealfh of Massachusetis where she designed and led policy and
operational reforms in a wide range of public safety issues.
She was the Community Liaison anci Policy Advisor to the Superintendent of Police of
the Lowell Police departmenfi where she linked the community policing efforts of the
300 member agency and implemenfed a communify policing effort that saw a 100%
increase in community groups in six years. She also supervised She city's "weed and
Seed" praject as well as obtaining grants in excess of $10 million. Pnor to this
assignment she was the Victim Wifness Advocate for the Middlesex District Attorney in
Cambridge where sne implementeci the Victim's Rights Law in Mossochusetts's
~ largest district attorneys ofifice.
ICMA Strotegic Pertner - Springsted Incorporoted
Patricia Kettles, Y1ce President, Director of Quantitative Services, Consulting
Services, Springsted Incorporated
Role
Ms. Ketties, along with addilional Springs4ed Incorporafied associaies, will conduct an
analysis of fhe existing financial systems, including the city's sustainable funding, and
the final budgetary impacts that botn exiending fihe currenfi contracl wiSh the
Sheriffi's Office and starfing a new police department would have on the city's
overall budget.
Background
Ms. Kettles is the Director of Quantitative Services for the Management Consulting
Services group of Springsted Incorporated. Throughout her career shs has led
projects that involve managing and supervising analytical suppori staff for structuring
debt, to reviewing financial options, to wdting recommendafions that explain the
plan of finonce, and reviewing official statemenfis and legal documents related fio
financing. Additionally, Ms. Kettles has led various projects that involve presenting
technicol anaiyses in completing studies in areas such as fiscal impact analysis, utility
rate analysis, revenue diversification/cost recovery, financial feasibility, financing
options, capital improvemeni programming and debt management. She has
supparted clients in several stafies. Some of them include Wisconsin, Virginia, lowa,
~ Kansas, Minnesota, Missouri, North Carolina, and Norfh Dakota.
_J
Detailed resumes of all participanfis are available upon request.
13
ProJect Timeline
Similar projects of this magnitude that ICMA has managed were completed from ,
between 40 to 120 ciays. As a result, we propose the following schsdule:
We will provicie a preliminary report by October i, 2008, and a final reporf by Ociober 20,
2008.
The proposed dates to submit the preliminary police report and the final reports are
contingent upon our receipf of the necessary dafia eight weeks prior. If some other
arrangement is deemed more appropriate by the client, ICMA will work cooperativety for
an agreement on the proposed defivery fiimelins.
Reporting '
The Project Leader will report project status to the identified City coniacts at specific
identified intervals using an acceptable and agreed upon reporting template. Beyond
this however, communication will be maintained and coordinated fhrough the Team
Leader with these contacts and other idenfifiied relevant personnel on a regular basis.
Proposed Fees
The quotativn of fees anc9 compensation shall rernain firm for a period of 90 days from
this proposal submission. 7hree payments shall be invaiced to client: one at the
beginning of the project period; the second after submission of the preliminary report
and the third upon submission of the final reporf, as approved by the City. If some other
arrangement is deemed more appropriate by the client, ICMA will work cooperatively for
an agreemenfi on the paymenf terms.
'
ICMA agrees to conduct the projecf as described above for the sum of $110,000,
exclusive of travel costs associated with ihe projsct. Each instollment shall be for
$36.666.66 and made oufi fo the International Cifiy/County Management Associafiion
upon invoicing as according to the aforementioned payment schedule. ICMA agrees to
worlc cooperativety with the client in order to reduce such cosis to the greaiest extent
possible while sfiill meeiing the expectations of the City.
Proposed Travel Fees
The above project fees do nof include travel expenses which will be invoiced separately
to the City. We anticipate that this project will requira approwmafiely 18 days of on site
assessmenfi work. ICMA ogrees to reduce fravel costs as much as possible, consistent with
the high quality of work the Association provides. ICMA travel guidelines are consistent
wiih federal government travel regulations. ICMA agrees that travel costs will not exceed
$16,500.
Contract Administrator
Tne individual who can make final decisions regarding the confiract and nas the
authority to contract for ICMA is:
Vickie L. Brooks
Director, Grants 8, Contract Administration
Intemafiional City/Counfiy Management Association (ICMA)
777 Norfh Capitol Street, Suite 500
Washington. DC 20002
Primary Point of Contact ~
The primary point of contact regarding tnis confiract and fihat has the authority to speak
witn all involved parfies for ICMA is:
14
Akia Garnett
Senior Manager, Marketing and Operations
ICMA Consulting Servrces
~ Intemational City/County Management Association (ICMA)
777 Noi-th Capitol Street, Suite 500
Washington, DC 20002
~
15
Summary - Conclusion
Part of ICMA's mission is to assist local governments in achieving excellence through
. information and assistance. Following this mission, ICMA Consufting Servrces acfis as a trusted advisor, assisting local governments in an objective manner. In parficular, ICMA's - ~experience in dealing with public safety issues combined with its backgraund in
performance measurement, achievement of effciencies, and genuine community
engagement, makes ICMA a unique and beneficial partner in dealing witn issues such as
those being presented in this proposal. We look forward to working with you furfher.
~
16
Law Lnforcement: Assessment of Issues and Items of Interest
MAy 19, 2008
Initial Assessment Goal # 1: Gather and review operating data as a precursor to further
study.
Follow-up Goal # 1: Yresent a draft scope of services for performing an altematives
analpsis whereby the City might establish an independent Police Department.
Follow-up Goal # 2: Present a draft a scope of services for assisting the City in
renegotiating a Law Enforcement Service Contract with Spokane County Sheriff
Department.
Tasks: Perform an analysis of crime trends and identif~, strengths, weaknesses,
opportunities and treats.
Identify strategic objectives for local law enforcement.
Perform a tactical analysis of crime statics and trends and recommenci best deployrnent of
resources in response. .
Issucs and Items to Ponder (random order);
~ l. Calls for serviced based dePloYmEnt
2. Command ancl control authority
3. Risk Management
4. Liability
5. Perforniance measures
6. Staffuig levels - right sizing
7. Work schedules
8. Facilities needs and capac•ity
9. Fleet necds and capacit},
10. Cvmmunications equipmeni service
1 ] . Susfainable fimding
12. Fi_nanr•ial impacts/budgetary considcrations-start up costs v. contract escalation
13. Grant opportunities
14. Cost eEficiencies
15. Specialty squads
16. SCOPE or similar volunteer program
17. Property crimes - allocation of resnurces
18. Dispatch services and prioritiEs
19. Multiple vehicle response to scenes
20. Release of extra on-scene units
21. Community Oriented I'olicing
22. [nternal Affairs
~ J 23. Handling cifizen complaints
~ r .
~ MIT'UTES
SPECIAL FtETREAT vIEETING
SPQKANE VALLEY CITY CCIUr`C1L
CcnterPlace 2"d Floor Conference Room
2426 N Aiscovery Place
Spokane Valley, Washington
,ianuary 12, 2008 8:00 a.m. -1:30 p.m.
Attetldance:
Councilrnembers Staft'
ltich Mtmson; Mayor vtike Jackson, Deputy City Manager
Dick Denenny, Deputy Mayor NIeil Kersten, Public Works nirector
Rose Dempsey, Councilmember Katliy McClung, Community Develop. Dir.
Bill Goihmann, Councilmember Ken Thampson, Finance Director
Gary Sc}iimrnels, Councilmember Mihe Connelly, City Attorney Steve TAylor, Councilmember Morgan Koudelka, Administrative Analyst
Diana VVilhit:e, Councilmember Nlary KaYe MarCin, $uilcling Official
Carolbelle Branch, Public Information
Olhers: Rick VanLeuven, Police Chicf
Mike 1-Iuffman, Valleyl~'ervs Heraltl Chris Bainhridge, CityClerk
Mihe 17eVleming
Mayor Munson opsnetl the meeting at 8:00 a.m. ~ l.. Review 2008 Council budgct goals - Mike Jxel:son
Gonl nl: Contiriue moniloring wrastewuter issues, irtcludifTg povernrntce of wastewater facilities and
pursuit ojthe rito.st efficierrt and ecanomiccrl n:elhods to ensure the contiizuution of wasteivaier discharge.s
1 rcenses.
Deputy City Manager Jackson asked if there were any suggestions for any changes to the goals, ancl
' Vlayor vtunson asked Deputy Mayor D-enenny to give an update on the wastewater treatment nlant issue.
Deputy Mayor Uenenny explaincd ttiat he will give Council an update in March, but briefly stated dhat the
Environmental Protection Agency (EPtI) has some criticism about the agreement, and there is some
clisageement amona the attorneys and consultants regarding the direction EPA gave tliem in letters; that
the criticism was not specifed in the diseharge allocations, which was part of the vlemorandum of
Understanding (MOU), and he stated that the Sierra Club and others migtit file suit regarding that
agrcement; thac the Department of Ecology (DOE) controls and issues everything in this State and has
delegated authority from the ENA; and that: the EPA might not all4w what the DOF agreed to, and if suit
occurs, it would go through the Ninth Circuit, and we would be out of the window of capacin, or beyond
that window of having enough capacih, tn allow builcling, which coulcl result in a thrust to put the
discharge out on the Slatese. vlayor Munson said he discussed this issue with Gove- rnor Grcooire, that
the Governor is aware of the problem, and that he tolcl her t:hat this eoulcl result in issuing a builcling
moratoriurn ifthis is not resolved. There were no suggested changes far this goal.
Gonl 42: Refiyie iriitinl clepur•lmenlul six yeur btrsiness pluns in vrder to identify urtd incorporate ftscal
imnncts into a strcrtegic frnatrcial plar2.
Depucy Cily Manager Jacl:son explained that one of the intents of dhis 2007 Business Plan is tq more
closely align the Plan with the F3udget and tfie Strategic Ylan; that Cnuncil needs to examine funding
~ possibilities to fund those stated goals, and lie added that the number qf customer service iroprovements
~ actually eaceed whi►t itre stated in the plan. Thcre were no suogested changes for tllis goal.
Council Retreat Minutes: 0 1-12-2008 Pape 1 of 1 1
Approved by Council: 0 1-22-08
i i
Gvcrl 93: Formzdare a six -yecrr strategic fitiancial plun by.Iuly 2008 thnt forecasts e.rpected reverii.res rnrd ~experrses; incorporates the cost element.s nf departntental business pluns; iclentifres fisecrl conslruins; und
propases forntulcrs for Council consicleratiori that inslilute suslciinuble budget-bulcrncing approaehes artd
itemi?es necessary sen-rce reductiorzs• ur re venue increases or cnmGirrations therenf.
Tliere were no sungested changes tor this goal and Finance I7irector Thompson saici we neecl to begin to
take action on dhis and he will adclress this issue later today.
Coa! 94.• Irriticrte Lnplemetatution ojthe sub-area plnir for the Sprague/Appleway Revilalizulion Flun.
Communih., Development llirector MeClung said that the next steps are public meetings for Febniary,
including the Consultant's presentation of Book 3 for February 19, which will be to Cnuncil and the
Planning Commission. Ms. McClung stated that a SEPA Deternlination has been issued on the Cie}'
Center pnriion of the plan, and we should have estimates nn infrastruclure eost soon. Public Works
Director Kersten said that he and Gladding Jacl:son are workinb on those eslimates, and sMould have
some numbers within the next few wecks, but he estitnates the cost in the rnrelve to fourteen million
dollitr range, and said that costs will cover streets, underground water and power; sewer, and landscaping
down that part of the Cenler; and I:hat the City Center street by itself is about $3 milli4n; Iie added that the
numbers will include frontages Uut not the actual upgrade of the whole streets or new interchanges. Nlr.
Kersten also stated that the library is obligated to build dheir half of the street, and that dhere are some
minor streets which could be built by a developer. Cit}' Attomey Connelly remarked that the conciition of
purchase and salc is the rqad extending south to the library which has to be built, and there is no
indication as tn wha or how that will be accomplished; that the.y have had contacts firom at least one
(levelaper concerning the city, and are finally getting down to costs, and said he anticipate,s the next
month or hvo will be Nroductive. Mi-. Kersten stated that we don"t have to use all $12 million to satis~,
the librar}; and A1r. Connelly responded lhat we can start with the iclea that the develnper will build the
streets. "1'he issue of eurning Sprague and Applewa), hack to twa-ways wa,s broached, and Mr. K.erst.en . .
said that Glatting Jackson is working on that and should have same figures in 11ie next few weel:s and will _
consolidate that inro anotlier report. Mr. Kersten also mentioned Nve will have a list of al( potential
projects that it will take to have the Cit_y Center Project; and said some developers are interested wfio
want to look at the project in the next few wccks, after evhich time Mr. Kersten said he shauld know if
those developers are genuinely interested. Nlr. Connelly also mentioned that any developers meeting wit]i
Vlr. Munson shoulci include Mr. T)cnenny a..s well, and he (VIr. Connelly) sent Council a memo on what
they c.an and cannot dq regardinD developer contact. 'fherc were clo sugoested changes for this aoal.
Gonl 5: Adop1 C1YG'CI-1V1CI8 rezoning proposuls consistetrt tivitj2 the co►taprehettsive plcrrr tlrtrl reflect
appropricrte rrdjustmeni.s in zonirig desigrrntiarts.
Deputy City Manager Jackson stated that the just initiated quarlerly updates for Cduncil are in keeping
wit:h Council requests for opportunity for input into future Comp Plan chanjes. Ms. MeClung explained
that they are puttinb tobether a sehedule for the nexl "batch" of comp plan change requests, which are
from eleven individual propert}' Uwners. Tn resnonse to Mayor A!(unson's yuestion about Council protocol
on how to address comp plan changes, it was mentioned that Mr. McCormick will be givinj Council a
report on this at the nexl cOunc;il meeting, and will subsequendy give quarterly updates. Gouncilmember
1'aylor mentioned lhEit this is in response lo his and other Councilmembers' previous comments
concerning giving inpul inCo the camp plan changes proccss; anci Council eoncurred that they do not need
written tiocumentation prior to discussion of thcse quarterly updates., TMere were no suggested changes
for this yoaL [Sce further discussion below for this ~oal.J
Gou16: Perform un unulysis pf a lund pwner iniiiutecl request for unnexcrtion.
Conununity Development Director McClung explained that dlis is the end of a process which begins with
reaching consensus with the Coimty regarding where the annexation boundaries are going to be; she said
that a meeting is schecluled for February 6 as a"kiek-oft" meeting with us, Spokane CQUnty and others,
and she said that the rneeting noticc eYplained t}»c the Washinbton State CUmmunity and Fconomic
Council Kctreat ►Vlinutes: 01-12-2008 Paee 2 of 11
Approved by Council: 01-22-08 v
I ~
T)evclopment Dcpartment recently awarded Spokane County, Spokane, Spokane Valley, Liberty T..ake,
Ainvay Heights, and the TUwn of MillwUOd agrant that allows the Caunty and dffected cities to mnve
forward with coordinated planning for the metro urban grawtll area; and this tneeting should be of
assistance as there is a lot of work to do so ,ve know the process on taking in a neighborhood that may
want to be annexed. City Aetorney Connclly said t:hat our existing comp plan daes nnt identify any urban '
growth areas (UGAs) as future growth areas for the City of Spokane Valley; and such needs to he
included in our Plan; that we intentinnally did not inelude that in the frst plan as we liave to have the
comp plan basis for moving forward; and once we agree on thosc areas, we can rnove forward.
Couclcilmember Taylor said that would be agreat topic for the first qtiarter comp plan issues; and Ulr.
Connelly repliecl that khese should bc in conjunction with a jaint planning nre.sentation, and that we can
move this issue parallel with the comp plan pracess. Maynr vlunson mentioned that provicied we follow
the County Wide Plannin- Policies on joint planning, we can annex; and Mr. Connelly added that we just
necd to do our part to identify future growth areas for Spokane valley. It was then mentioned that perhaps
Goal #S is completed and pcrhaps shoulcl be re-worded. Ms. McClung suggested re-Nvording to read;
"Compleee the annual comp plan update" or to simpiy leave the goal as stated, noting that it is complete.
1t wa..s suggestcd to c4ntinue to improve the area-wide zoning proposals and include identifying the
specific areas for annexation; or perliaps combine goal 5 and 6; and it was subsequently mentioned by Mr.
Connelly that the UGA is the planning t:ool, and annexation is the regulation that implemcnts it.
Councilme►nber Taylor said that before the end of this year, everything the City needs tn do needs to be in
place to accomplish this (Goal 95) goal.
For goal K Councilmember "['aylor sugeested changing it tn read: "Adopt all necessary annexation
policies and perform the analysis of liind awmer and city-initiated requests for anncxation." Whcn Ms.
- MeClung askcd if Council wants analysis; cast; and procedure, Councilmember Taylor responded that if a
~ member of the public asks to be annexed, we need to l:now the cnst for upgrading raads. Ms. McClung
replied that in her previous experience, appretimaCely fve years ago it cost $150;000 f'or a eonsuillant to
get together dlat informatian, noe to mention a great cleal of staff work. Mr. Connelly aclded that a
Einancial analysis, which precedes an annexation analysis, would be severa) hundred thousand dollars to
deter►nine if there are sufficient tax revenues to justify it. Councilmember Taylor responded that perhaps
we don't need a Full inancial analysis on every possiblc anncxation, but as they come; to which
Councilmember Gothmann added that there needs to be a process that is timely for owner-initiated
annexations, and some people are incluiring alreaciy. Mr. Connelly explained that we have to have thosc
future ;rowth areas identified. lleputy City Mwiager Jackson said that according to the minutes of the
last June retrt;at, "Mr. Mercier mcntioncd the idea of performinp an analySlS f01' At1t1eXa11011 flS t}1@YC w1lI
be a need to have 4ur annexation operational policies sharpened as some potcntial arcas are devcloping an
our peripherals." Further comments were that part of dcvcloping this goal would be a financial analysis;
that we ne.ed a process when determining UGAs, that it is easier tn annex vacant land than developed
land; khat any areas wc want to annex, whet}ier Already developed qr to be developed, needs to Ue up to
our city standards; and that we shoulcl inelucfe the beneft of lookinn at annetations prior to developmcnt.
There was nothing de(inikive stated regardinc, changiiig this goal.
Goul : laevelap a Shnrelirle llqaster I'ro;ram us required by the S"tute of i-i'asftington to jn•ovide
adclitionul r•egulatory protectian ja• wuters of strrlevvide significurtce; i.e., Spokane River, Shelley Lake.
Community Development Director McGung cxplained that this Shoreli►ic Master Program must be
updated by 2013; and when this goal was first developed, there was some state funding available, but
such fundinn clid not matcrializc. Ms. McClung said staff' will put tooether a plan for how to gct the
progmim completect and processcci by t:he dcadlinc, but that this is not something thcy will be working on
this year, Nvhich promptcd laeputy v9ayor Denenny to inquire if this perhaps should not be an OR goal.
Mr. Connelly statecl that it'ihe County changcs thcir prograrn, we }iavc a choice to stay with theirs or havc
our own; a.nd t:hat previously we haci a tlraft shoreline ordinance beforc the Planning Commission which
former Comrnu►iity Develop►nent nirector Marina Sukup had completed; but the DOh said it wasn't
Cauncil Relreat Minutes: 01-12-2008 Pagc 3 ot' 11
Approve_d by CounciL 01-22-08 '
gnin- to oceur; t}1at there were speeiFcs in the ordinance diat DOE was not comfortahle with ancl the}' put
it as a low priority; adding diat cnany thought we were a lot closer thcn wc ended up being. After furtlier =
brief discussion, there was co:vacil conserrsus !o (Jelete thi,c as cnr 08 Qoal and yut ttTis on the agenda in si.r
months to cnrisider as an 2009 zoal.
2. Pronosed 2009 Council Gosils - Mike.TackSOn
Deputy City Manager Jacl:son explaincd that this is a type of brainstorming session to discuss possible
2009 goals.
There wQS COIIl2ClI corrserrsus to wait inatil June to decide whether to include the Shoreline Mtrster
Progrunt tr.s a 2009 poal.
Discussion ensued regarding the possibility of keeping the moriitoring of wastewater issues goal as a 2009
goal, and Deputy Mayor llenenny explained some of the pressing issues as discussed previously a.nd
noted above, but no clecision was made to have this considered a 2009 goal.
Councilmember Taylor talked about havin~ funding for dhe City Center as a possible goaL `I`hat led to
further financial discussiAn including mention of the possibiliey of ha.ving multiple bondinn issues on an
upcorning ballot.
Mayor Ivtunson asked about developing an auclit for various contracts wc have. Taiscussion on t.his fopic
included mention that the SherifPs Office wrould be the top contract audit priority; whether to have a
performance and/or a financial Sheriff's Qffice audit; the idea of examining other options for law
cnforccmcnt and whedier that should be a stated 2009 goal; Deputy Mayor Dcnenny's mention of the -
need for an analysis of aur "largest fnancial obligation" and that we c.an't exarnine alternatives without
an tiuclit involving the cost factor; disagreement f'rom Cnuncilmember Gothmann that the purpose of an _
audit is'to see if our administrative diWision is meeting ics gaals; wilh DepuCy Mayor Denenny's counter-
response that a performanee auciit is to look at contrQl rliechanisms, and we can't do that if we c.an't
control any changes. That prompted 1n additional response from Cnuncilmember Gothmann lhiit we
already have control over such thinas as asking for re-assigning af patrol officers in needed areas, that we
can discuss those needs with the Sheriff; but Cauncilmember Taylor disagreed and said those are issues
dealt with by the Cit_y Manager and not sqmething Couneil cleals wich. Mr. Gothmdnn disagrcetl and
statcd that we have not set goals for our police, such as do we want more or less traffic enforeement; ancl
that those are policies we can set and turn over to the Sherifi's Office; that oLu- role is to identify areas to
re-assign or add nfficers; and fo make policy dccisions to best serve our citizens. Mayor Munson stated
that in examinina the. cotitract issue with the SherifPs Office, there was a"water line" and same things
were not negotiable, and some things were not defined. Councilmember Taylor asked Mr. Koudelka what
is allowe(l wilhin the eontract, and are there changes the Cit), is looking to make now after five years,
such as something to chanbe to oive us more eontrol and morc autonomy?
Administrative Analyst Kaudelka explaine.d that it became cvident this past year when we hacl to sclect a
new police chief, that there were sorTie shortcomings as to pur petspective as how that proce•ss takes place;
Chat at one point we had wqrked to come up with a new law enforcement agreement tliat incorporated a
lot of the model language of most of our other contracts already adopted by Louncil, and that we reached
a point whcre we had a gaod draft ready for review by Sheriff Sterk, who resigned beFore the end of his
cerm, and that process was put on hold; and at this point, Mr. Koudelka explained, we are tryina to work
, through some building issues ancl oct a better understandinj of what our costs arc and get mare specifics;
and chat all that Nvould help us to understand if we are getting an efficient delivery of services, which
would help us to move fomvard to discuss options. Far this year, Mr. Koudelka stated, there was a
meeting set for next week with Marshall and one Uf the undersheriffs, A7r. Koudelka, and ulr. Connelly, ,j
which meeting was postponed due Co R2r. Meraier°s uneYpected absence c3ue to the death in his family;
Couneil Recrcat Minutcs: 01-12-2008 Patie 4 of 1 1
Approved by Council: 01-22-08
f a
~ a.nd that said tneeting will havre to be re-scheduled. Mr. Koudelka statcd that when such meeting clnes
~ occur, they should know whcre they stand regarding some un.resolved builcling issues; and said that staff'
plans to pull together all tlie items in the old contract that Nvere deficient, and to get input from Council as
well as identify same new items or revisions to the existina agreemcnt, then move forwartl lo implement a
model agreement that evill ac{dress all our needs. As an aside, Mr. Jackson said Mr. Koudelka will
perform the performance audit of tlie Sheriff's Office.
Mr. Koudelka also mentioned that Councilmember Gothrnann seemed to bc addressing a performance
measurement, but that thc husiness plan hopes tq incorporate that anci bring Iaw enforcement into the
business plan giving the opportunity to have goals; and added that a performance audit would look at the
efficiency of delivering that service, such as getting data of crime analysis on how quickly law
enforcement responds, how many units, etc. or tn see if perhaps there is a better Nvay to use time; staffing
scheclules ancl levels sufficient to address call time,s would also be examined; and he stated thi3t we don't
have a developed system or procedure for perfocmance audits; but are working on identifying what steps
are needed to dn so. Police Chief Vani euven mentioned that some af that c1t►ta is now available and is
includcd in his moiithly report he submits as part of the Council packet; and the data is analyzed by
supervisors who rnanage the performance of addressing those "hot spots."
Councilmembee Taylor remarked that the previously mentioned "water line" needs to be discussed,
whether that inclucies the neecl for more FTr's, or switching officers from one place to another; and a
discussioii on whether that flexibility should esist; that so far there have been no contracttial changes; and
we need to see what headway we can make, that a lot of this came to a hcaci but the City backecl away
from some of the more controversial issues so we could get a new police chief. Councilmember
Got.hmano ment:ionecl that he fcels it strange to foc•us so much on pcrsonnel issues and not on the area of
enforcement, to «<hich Mr. Taylor replied that the area of enforcement is directly impacted by the level of
~ autonomy noted in the contract, Cotincilmember Gothmann said he wants to foeus dn performance issues,
and that the SherifPs Offce should bring alternatives to us. Deputy vlayor Denenny saicl he w3nts to
start the proce.ss for our own department and would like that as a goal; and Councilmember Schimmels
said if we can't come to a contract agreement, our duty is to tall: to i~/1r. Mereier and/or Mr. Jacl:son; and
that we need to do a performancc auclit which will direct the finaricial picture and move from therc to
alternatives. Mr. Koudelka explained that one of the work goals is to develop an audit plai1 for al)
contzacts; and tn have that designecl to ensure c;onsistency in our methocl of veriCying eosts we are
charged; and that concerning law enforcement, we are in the process of wrorl:ing with dhe County to come
up with a method to more accurately determine costs, which will then be brought forward to Council later
this year.
Mayor Munson said for 2009 alternatives, we should have current costs to make comparisons; and Mr.
Koudelka esplained that t.he County has a consultanc to develop a cost plan for the Sheriff's Office and
for direct costs such as telephone, yet he added that a lot of the support costs come to us in a simplex method; so there is a need for a gre.aler in-elEptli eomparison. Couneilmember Gothman.n said he would
like to have Council ask the Police Chief to bring a plan for policing the city, and to present that along
wi1;h allernatives Co Council; that such report has ncver been done, and hc fcels that is wrong but: is
somelhinD that Sheriff Knciovich said hc would do. Mayor Munson said he secs no rcason why we can'[
ask tor that this year, and Iaeputy 1VIay4r Uenenny agreed, as well as to address those issues previously
mentiqned. `9ayor Ulunson asked if a 2009 goal should be to develop a cnst model for law enforcement;
and Councilmember 7'aylor said he feels it prema.ture for Council to state specific goals until staff has had
that disc•ussion with the Sheriff s Office, whieh meeCing was mentioned previously by Mr. Koudelka; and
he adde•d that «<e don't want to send a misleacling message that Nve are no lnnger confident with our
~ current contract. De.puty Mayor Denenny said he feels Nve need to have a law enforcement analysis and
cost out the alternatives, and diat this should be discussed in June. Councilmember'1"aylor concui°red that
- this should be postponed until Che summer agenda; as did Mayor Munson. Councilmember '°a_ylor then
Council Ketreat ,Vlinutes: 01-12-2003 Page 5 of 11 .
Apprpved by Council: 01-22-08
suggcstcd tfie option of inerely postponing this issue until we can };et a report i'rom staff on how the ~
contractual negotiatioiis are coming; as parC of this issuc centers on performance and part is governanee;
antI that it returris to the autonom}' issues which were not resolved before. Councilmember Wilhite also
suggested putting this on the aaenda for June to examine how in-dcpth Council may want to have this as a
2009 goaL Mayor Munson saiti hc iecls this issue will take several meeCings to rc:solvc, and
Councilmember C,othmann said we need lo icfentiFy what it is we are eontracting, and what are our goals
for the community regarding law enforcemene, that we need to identify those goals before considering
alternatives. 7'liere tivas evenlucrl con.cen.rars to pttt this as ar1 upcoming sludy session agend(r item, und
lhal Pvlice Chief VurtLeaverl rnrd Mr. MErcier coulr.l give G'ouncrl a li,sl nf tivltat Couricil has controd over~,
and of suggested areas or bouls fnr lm+, etaforcement to achieve, and t:hal this is separale frorn the
eontractual based issues which will come back later.
To recap, Mr. .lackson stated that possible 2049 goals inc.lude continuing the monitoring ofi wastewater
issues; the police departrnent, and securing funding sources for the City Center. Mr. 1"hompson said it is
his perception from speaking with Mr. `lercier on this tnpic, that we need la mave forward wiCh major
decisions for securing funclir►g sources for the City Center by July 2008, and said if we don't get financing
started soon, we wil) lose grnund. Councilmember Taylor said that rathcr than the suggested 2009 goal of
securing funding sources foe the City Center; that perhaps a better 2009 goal to add during the June retreat
would be to fiirther refne 2008 Goal number 4. F3rief discussion continued regarding using the privatc
scctor contractually for other public works issues; that Mr. Kersten said the only area left is snow removal
which would be_ <<ery dif6cull arid extrcrTiely expeiisive to do ourselvcs, but that he could explore that
option at Council direction. Mayor vlunson suggested keeping these issues in mind for possible goals to
discuss at the June retrelt.
There was a brief break in the meeting at 9:30 a.m., and the meeting reconvened at 9:50 a.m.
3. Financi.►1 Fcirecs;st - Ken Thompson
Finance 17irector Thompson es.plained that the purpose of this item i5 to bring Council an upclate on
proje:ctions for revenues and expenditures in the general fiind and nther areas such as the street fiind, but he said it would not inelucle the stormwatcr fund as the), havc a fixed ineome sourec which flows Ghrough
the County. In looking at areas we ti-ack, he explained, general, street, and capital fiind, there will altivays
be more projects then we have money for; and we can spread those projects over a six-year period. Mr.
Thompson chen highligtitcd t11e packet document "Signifaant Points" under aeneral fund, strcet funcl, and
capital. Nir. `Chompsnn mentionecl that in the general fund, there are no funcis for the City Center; and
also in t:hc general fund, he mentioned that additional transfers to the Civic Facilitie•s Fund will lessen the
facilities' need in future years; antl that thc bottorn linc is, if we keep puttiri g funcls aside we can probably
hariclle that; ar►d if we don't put funds aside, we will have an approximate $6 milliQn problem; that we
need to get started and he woultl like- direccion frorn Council to kecp puttir►g funcis aside for the next five
years. The Street Fund needs an additional $2,millinn a year for maintenance; and Mr. Thompson
remincled Council that we no longer move funds from the general fund to the street fund. Pinance
Director I'hompson said regiYrding Capittil, the 2008 figures look pretty goocl, but beyond that there are
too many variables to rnake a goocl fi.rnding prediciion.
Mr. Thompson said the ~;eneral Fund Sheets with the "f3" on the top include the business plan, and the
qnes without the "B" do not; that propert•y tates h<<ve gone up mos[ly'due to inereiises in assessed value;
but gambling tax has decreasetl by several hundrecl thousand, and he feels that perhaps banniniz smoking
in the casinos makes it difficult for them to keep customers; or perhaps people simply prefer the larger .
gambling establish.ments. Mr. Thornpson said that the general fund is not as a big concern now as thc
deficit movcs around we should be in good shape for another three or four years; aiid aclded that every
year we budget a half-million dollars for a contingency; that we typically don't spend it so that gives that
'
that much more each year to apply to the deficit in future }'ears. '-J
Council Retreat Minutes: 01-12-2008 Page 6 of 11
Appraved by Council: 01-22-08
i
~ Coneerning the Street fiind; Mr. Thompson said chere is perhaps one more year before we are out of
fwids; ajid we can`t wait another year to address this problem as it will tal:e six months to 1 year to get
another funding source; that a cleeision nccds to bc made by lune or July of this year for a funding source.
Mr. `I°hompson acicled it will take approximately $6.5 million tn fiind the Street MaseerPlan; that the gas
tax is a fixed number per gallon rather than apcreentage, acid as the price of gasoline increases, people
drive less. T!fr. Thompson said it is difficult to precliet what will happen to the future nrice of fuel.
F'inance Director Thompson also mentioned that Capital includes such things as parks projects, the
University Park, swimming pool, and the recently added funds for the art work on the bridoe, and that he
anticipates there could bc a fiutuee desire to appropriate more fiinds for art in the City Center; and that we
nced to put aside funds to get st<irtecl on the ADA Plan; and that the pavement management program
added another apprnximate $4 million. Concerning the Transpoi-tation Improvement 1'rogram (Tl.l'),
Public Works Dimetor Kersten explained that the figures show nur mtiCch, and this assumes we will aet
what we applied for, which likely won'l be the case for al) projects. I'inancE Taircctor Thompson said the
real estate excise tax (.R.ErT) generates about $2.2 million annually; that it cannot be used fnr roa(l
maintcnancc, but if a street were taken nut and replaced, dr 3 street neeclcd 3&Tind or overlay, we could
use REOI funds, but we cannot use any REET money on the street fiind itsel£ 1'ublic Works I7irector
Kersten said that in 1'rnblem Statcmerit #2 exnenditure line item of $4 million, that is what he spends on
strc:et maintcnance now like snow removal; and just in slreel maintenance t:here will be an approximate
$2.5 million short:fall beginning 2010; and that the capital bottom line pavement management prngram
shows the dollars kve need to maintai❑ good conditians nF our e:cisting streets and cioes not includc for
example, changing a tNvo-lanc road into a four-lane mad; and to maintain where we are today, we «rould
have to fund $4 million now, which still won't keep up entirely bul would allow for somc road
~ deterioration. `I7iis item enctec~ witli briet discussion on the ratc of taxes comir~g in and the slo~v dQwn of
buildinbs.
4. Six-Year I3usiness Plan - INtike Juckson
Taeputy City Manager Jackson said this is at► opportunity for a quick look at various portions of the 2008
Business I'lan, and to aIign funding sourccs with the business plan; that sarne things on the pendina list
have already corne fonvard; that there has been overall customer service impravement; that a challenge is
to try to align the I'lan more elosely with funding and t:o havc the Strategic Plan work togciher with the Six-Year Business Plan; that the Business 1'lan is Council's direction to staff and stafPs best attempt fo
look at programs anc1 services they f'eel rneet couiicil's aiid the community's expectations. Mr. Jackson
said that staff doesn't always weigh exactl_y what is feasible as they try to make Council aware of other
gs availablc in ather communities similar in size with ours. Mr. Jackson explained that skzff looks
thin-
forcvard to developing the next business plan, and is lookinj at recommendations that are feasible in
keening with funding itcros. Regaeding the Public Works department, Mr. Jaekson mentioned fiinding
options will need tb be examined for city hall, skreet rnaintenance, ciry center, and as noted on page 26,
they want to look at the process to see if Cnuncil wants to change the way we are approachin}; the plan, as
any chanDes will nccd to be addressed prior to development of the 2008 and 2009 business plan; that we
want to develop a mission statcmcnt for each dcpartmcnt, and in cases with multiplc divisions within
departments, there may be multiple mission statements. Mr. Jackson saicl that staff.vorks hard to identify
the realm of their program, and 11e feels it is important that Council revie,%;rs those pages. He pointed out
the detailed goal list on page 2$, and said there are the projects which will drive discussion on possible
funcjing soiirces. Page 30 was highlighted b), Mr. Jackson, and he said it shows aU areas previnusly
approved by Council, and that the programs will continue once -implemented. Mr. Jackson also
recommendcd Council review the appendix for updated versions of some oF these fgures. Deputy City
Manager Jackson said that these recommendations are all inc4rporated into and are fully funded in our
; 2008 budget, which has all been previously authorized by Council. He reminded Council that some "big
tickct" itetns are not included; such as funding for City Hall, the Street vlasterPlan, and City Center, antl .
Counci] Ketreat Minutes: 01-12-2008 Page 7 of 11
Approved by Council: 01-22-08
recdmrncnded Council review the updated financial chart just after page 40; and said thzjt Council will
want tn discuss possible funding options to implemeiit the 2009 plan aiid to fiuther rafine the plan to the
noint of recommending achievable nrograilis aiid projects. iMr. Jackson alsn mentionecl lhat these issues
can easily be incorporated into a study session.
In further review aiid discussion of t:he materials after page 40, those in the "Attachment to Business
l'lan," Councilmcmber Gotllmann menkinnEd pate 17 and at the top of page 25 to perhaps examine what .
atf'ect an "Edgeclift Neighborhood Center" would have nn senior services, and hovv it might ;iffect our
City's scnior program. Mr. Jackson mentioncd tMat the Senior Program is run out of the CenterPlace; but
is not nin by the Cily and the City does not provide the senior programs as that is provided by ihe Senior
Assqciatian housed at CenterPlace. Councilmcmber Gothmann remarked that perhaps this would be an
oppbrtuniCy lo coordinate aU senior activities, anc1 perhaps have the City nffer some pro?rams at
Fdgeclift; that he spoke with lan RoberTson out at the I-IUB wfiere they have some representatives from
other senior assoeiations starting a recreation program there at no charge. Some members of Council
agreed that it would be agood idea to conrclinate scnior activities with all community entities that provide
senior programmina, but Councilmembe_r `l'aylor suggestecf that be done with c.aution as perhaps things to
coordinate would be beeter ways to transport seniors to ajid from activities, and we might not be in a
position to expand our direct respnnsibililies. Mr. Jaekson said that as we start to look more clpsely at
perfnrmanee measurerncnts in the future, we realize that each adds worh tmd time and we must be careful
about managing our time and resourees.
5. Fuoding Options ]3ond Issucs - Kcn Thompson
Finance Director Thompson saicl that one of the upcoming pressing financial problems is City Mall; that
he eslimates the project at $18 million; that we have six million plus interest; we could have a bnnd sale
for another six million when we are ready to builcl (Couneilmanie bonds), and eould usc what we are paying for renl at thc current site to retire the 20-year bond debt; bttt that still leaves a shortage of about
six million; aiid that if he continues to set fiind5 aside each ycar at the cnct af the year, thal woulci amount ~
to another 53.5 million, thereby only leaving a$2.5 million shortage; and that we could manage a$2.5
tnillion shortage but not a six million dollar shortage. There followed discussion on setting. aside
$700,000 annually, and of amending the budget when necessary; or examining other alternatives. The
idea of grants was mentioncd, but Mr. Thompson said that grants are not likely for this type of financing
issue. City rlttorney Connelly said he is working wich our bonding at7orneys in discussinc funding
rnechanisms, ttiat they are waiting for some cost figures cind should have a reporC for council soon on
different ways to fiind a city hall; aiid that options such as other bonds, perhaps some grants, aiid taxes a.re
still being esplored. Although grants rnay be available, Mr. Kersten mentioned that hlving someone with
the time and expertise to e.tplore gr,int op[ions is nqt always an easy task, as you need someone highly
shilled and it could be costly, but also could be worth eYamining. Nlaynr Munson said that he prefers
keeping the reserve, but wants to have the ability to change his mind; to which Mr. Thompson replied
Council always has that opl.ion.
Mr. Thompson also rnentioned dhe $2 million needed for potholes plowing, edc. and he sug ested looking
at a vehicle tab fee, and ►nentioned that the Chamber of Commerce committee woulcl like us [o cleclicate
such to Ihe North South Freeway. 1"here followed lengthy discussion coneerning possible Transportation
Benefits Districts; that Mayor iMunson spoke with Senatnr Chris Marr who teels a vehicle tab fee should
be imposed aiid dedicated to the North South Freeway, and such could generate SI50 million for that
freeway but wrould require a matching fee; that our owm priorities inclucle completion of that freeway; that
the CounCy will holcl apublic hearing on this topic January 22°d; thac perhaps a swPf inember ec,ulcl attend
the hearing; and that Mayor Munson mentioned the County indicated they might ask for a tab fee greater
than $20.00. Couneilmernber Wilhite explained that she attended a telephonic conversation with Chris
Marr, who indicated he has to cnnvince the rest af /he legislature to ao along with t:hat previous l`
suggestian, but it seems to be agrowing consensus that $20.00 is not ample for the necds and that the
Council Retreit Minutes: 0 1-12-2008 Yagc. b of 11
Approved by Council: 0 I-22-08
message is thae communities must help fimd these enormous transpArtatinn costs, and if moee thaii $20.00
per tab is sought, it will have to go for a public vrote. Councilmember Wilhite also menCioned the
i'rust:ration in trying to explain to the public about the importance of having freight use the North South
Freeway versus roads such as Barker; that an option is to increase the $20 fee an additiotial 20 or 30
dollars, with half of the additian3l ijmount being dedicated to the North South Freeway, and then
generating a projeec list of what they'd use the other fees for, adding that they could only be used tior
capital projects.
rurther discussion on this tapic ensued, generating further questions on dnllarr limit:s, timing, edn the
County impose a fee befpre the City or vice-versa, whcn does such fee require a vote of the people;
should tliis be a regional cffort or dves the City of Spokane Valley act alone; ean therc bc caexisting
Trinsportation 13enefits Districts; if the funds arc to be used fAr a federal highway, then why not use
fedcral funds; would such a fee reduce potential funds for our own street maintenance; are chere other
options not yet explored; wtiat are the advantages and distidvantages of going with the County or forming
our own TBD; what can we do so we don't jeopardize our own ability for a$20.00 councilmanic bond;
are we running out of time; and is il feasible to have more than one ballot issue for this item. These
. options wil) be furcher explored and reported back at the next council meeting, and Ma}'or Munson said
he will cndcavor to find out what Spokane Cily's vicws arc on thi5 issue, as he believes they a.re having
their owm retreat tociay as well and will be discussing this issue.
6. Brainstormine -1VYike Jackson It was dccided that the "brainstorming" woulcl be nostponed to another date, the group took a yuick break
at 11:10 p.m. and moved downstairs to room 109 for the PlanningIVisioning present3tion.
~ 7. }3ernardo Wills: City kiall facilities T'lanning/Visionin~
Representatives from Bernardo Wills said that the purpose of this visioning process is to develop a
nrogram in written form in dreler to havc a clear understanding of what to accomplish in City Hall, and
that after Council has responded, the_y will show Council stafFs responses. They explained that they are
schcduling this programming in phases, ancl anticipate presenting again to Council in I=ebruary or Mareh;
that they are still in the gathering mode for specific needs of each deparlment, and that tliey atiticipate
having a refined scheduile after next week's mectings with staff. Below are the questions ancl some of the
responses:
1. What image do vou belicve outsiders have of the Spokane Va11ev:
Bedroom community of Spokane
Shnpping a.rea
Job Waricty
Nice place to live
T'aitiily-oriented - Sood schools
ACfordable
2. VVhat makes Spokane Valley unique:
C-asy access to recreational facilitics
Fricndly people
Accessibility to local government
We work hard and play hard (
Colmcil R.elreat Minutes: 01-12-2008 Page 9 of ] l
Approvecl by Council: 01-22-08
3. What a.snects of Spokanc Valley are citizens most proud of?
River
Closc to everything - not all spread out
Schools Roads
rrienclly comrnunity
4Ve retain open autdoor areas
Safe community
4. How would vou characterizc the arca's residents?
L7iverse age
Indenendent
Conservative as in slow to change
Great kids
5. I-low iiiipartant is the ackno«<ledsement of local historv in t:hc new Citv Hall building?
Need to add the "incorporation story"
6. What do you want in a ci hall?
Somet.hing indicat.ive of opcnness, t_he sky, open space
1Vant City 1-Iall different from the library
Don't want a colass<<I building but snmething fornial and respectfull
Something behveen traditional and modern
Outdoor plaza/public space
7. What otlier city liallslhuildings do vau like?
Oregon State f'ublic building I-lagadonc officc buildin~
Coeur d'Alene Resort
8_._NVhai industries/institutions are considered most important to $pokane V311eY's economic and cultural
developmcnt? This question was brielly discussed
9. Cit]L"s mission statement: how do you envision this being expressed in [he new Citv Hall?
Perhaps having an interpretative center
. 10. imagine il's the vear 2028 and the City Hall is completed. 1-Iow would you describt; t:hal?
They thought ahead
Warni and in<<iting
Had great vision
Enjoyed by all generations .
The souncl of water
Ties the City to-exher - creat:ivc 11. As a corntnuniiy role modcl how do vou envision the City Hall expressinp its leadership in promoting
sustainablc dcvelopment? .
Good stewarcis of lax clollars -whieh led to a brief discussion on various levcls of "green" for the
building ,
~
i
Council Retreat Minutes: 01-12-2008 Page 10 of I 1
Approvecl by Council: 01-22-08
i l
8. Information Onlv: VVorknlan (information only, was neC ciiscussed)
For t:he remainder of the time, discussion was about sugyested uses of a council chamber, including a
small confeeence room for pre-a-encla meetings, or executive sessions, or other uses; mention that there
will bc some upcoming public meetings to get public input, mention and distribution of the "Fmployee
T ist for Future City Hall," and that there will be an int:ense two-day effort to discuss needcd work stations.
As time wa-s limited due to the 2:00 p.m. funeral for former Councilmembcr vlike Flitnigan, the meeting
adjourned at 1:30 p.m.
A"1"I`ES'f :
*IVla or
~ I
-liristine I3ainbridge, City Cler
l ~
~
. .
Council Retreat ulinules: 01-12-2008 Page 11 of I 1
Approved by Council: 01-22-03
CITY OF SPOKANE VALLEY
` - ' Request for Council Action
Meeting Date: July 1, 2008 City Manager Sign-ofF:
Item: Check all that apply: ❑ consent ❑ otd business ~ new business ❑ public hearing
0 information ❑ admin. report ❑ p2nding legislation
AGENDA ITEM TITLE: Validation of Council Budget Goals for 2008, 2009 and 2010
revised at June 14 summer retreat.
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: The Council periodically considers revision of their
budget goals for the current and coming fiscal periods.
BACKGROUND: On June 14, 2008 the City Council met in a retreat format and evaluated their
annual goal statements for 2008, 2009 and 2010 and made additions and revisions reflecting
the views of the Councilmembers. The city manager indicated that Council would be presented
with the revised statements for purposes of quality control and validation.
r.
~
OPTIONS: 1. Approve the revised goal statements. 2. Revise the goal statements. 3. Give
the matter further thought.
RECOMMENDED ACTION OR MOTION: Move to validate and accept Council Budget Goals
for 2008, 2009 and 2010 as presented.
BUDGET/FINANCIAL IMPACTS: The activities and services expressed in the goal statements
are provided for in the 2008 budget and resources necessary to accomplish the goals for 2009
and 2010 will be incorporated in the budgets for those fiscal periods.
STAFF CONTACT: Dave Mercier
ATTACHMENTS Council goals statements for 2008, 2009 and 2010.
CXTY COUNCIL :BUDGE T GOALS FOR FY 2008
DRj-~F'I June 16, 2008 DRAFT
1. Coutinue monitoring waste.ivater istiues, iucluding bovernance of -va.stcwater faeilities, and
pursuit of the most cfficienl and economical methods to ensiire tlie eontuiuation of wastewater
discharges licenses.
2. Refine initial departmental six-vear business plans in order to identify and incorporate
fiscal impacts into a strategic ~nancial plan.
3. Formulate a Six-Year Stratellic Financizl Plan by Septcmber 2008 that foreeasts expected
revenues and expcnses; incorporates the cost elements of departmec►tal Uusiness plans; identifies fiscal
consd-aints; and, proposes formulas for Council consideration that institute sustainable bueiget-balancing
approaches and itemizes necessary service reductions or revenue inereases or comhinations tliereof.
4. Initiute imnlcmentation of the sub-area plan for the SpraguelAPpleway Revitalization T?lan.
5. Adopt area-wicle rc-r,oning nronosals consistent with the comprchensive nlan lhat reflect
appropriate acijustinents in zoning designations.
6. Iclentifv and adopt future annexation areas. ,
7. Perform an inventory analysis ttiat vvill facilitate developinent of a Shoreline Master
Pro ;ram in 2010. -
.
,
Council Budget Goals for 2009
~ DRAF"1' June 16, 2005 DRt1I""1"
1. Contiouc monitoring «<astewatcr issues, including governancc of wastewacer
facilities, and pw'suit of the niost e:fficient and economical methods to ensure ilte
contiuuatio» af wastewatcr discharges licenscs.
2. Seek fundina sources for City Centcr that builds upon the City's uutial
investcuent in a City Hall to spuc furiher private investment in tfie development of
a mixed used City Cenler.
3. Identify performance measures for the Police Department and IIlOIllLOi
proEress in lheir attaitunent,
4. Implement and evaluatc reyulations speci[ied in the SpragueJAppleway
Revitalization Plan as adopted and amendcd by the City Council.
5. Evaluate the availability, costs and cffects of private sector vendors pcrfon-ning
wintcr road maintenancc for the City.
! 6. Complete reeords indexing ancl phase in a cioeumertt iniaging sVSteni City
- - department bp City department xvith the goal of achieving city-wide
implementation in 2010.
Council Budget Goals for 2010
DRAF''r June 16, 200817RAFT
1. llevelop a Shorelinc Master Prograui to providc appropriate regulatory
protectiou f:or waters of statewide significaice as requircd by state statute
(Spokane River and Shelley Lalce).
;
0 CITY OF SPOKANE VALLEY
REQUEST FOR COUNCIL ACTION
Meeting Date: July 1, 2008 Ciry Manager Sign-off:
item: Check all that apply: consent ❑ old business X new business ❑ public hearing
❑ information admin. report ❑ pending legislation
AGENDA ITEM TITLE : Telephone utility tax
GOVERNING LEGISLATION: Washington State Law
PREVIOUS COUNCIL ACTION TAKEN: No formal council action has been taken. There have
been discussions between council and staff regarding the projected deficit in the Street Fund
and what could be done to balance the budget.
BACKGROUND: During 2004, a projected deficit in the street fund was identified beginning
about 2009.
The problem exists beGause revenue will be around $2.1 million (gas tax) each year and
~ expenses will be around $4.2 million plus an estimated 8% inflationary increase each year. The
Finance Committee has reviewed the implications of reducing the Street Fund budget to $2.1
million (to match expected revenue) with corresponding reductions in snow plowing, street
lighting, de-icing and pothole patching. However, the consequences of these reductions were
considered to be unacceptable.
OPTIONS: 1.) Direct staff to proceed with new street fund revenue sources; 2.) Direct staff to
reduce street fund expenditures to $2,1 million each year.
RECOMMENDATION: Staff recommends a motion to direct staff to move ahead with a 6 per
cent telephone utility tax. .
BUDGETIFINANCIAL IMPACTS: With a telephone utility tax, the deficit in the Street Fund
could be postponed until 2015.
STAFF CONTACT: Ken Thompson, Finance Director
-
/
SPOKANE VALLEY COUNCIL
MEETING
J U LY 1, 2008
TELEPHONE UTILITY TAX
STREET FUND
8125Y1008 1
The Problem:
* Street maintenance funding
+Revenue estimated at $2.1 million/year
+Expenses estimated at $4.2 millionlyear &
8% inilation each year
+Deflcit of $2.1 million + each year
➢ Council identified the following potential new revenue sources
+Telephone utility tax
+Solid waste street wear reimbursement
+Transportation benefit district
+Street utility
+Real estate excise tax reallocatifln
+Property tax
+Gas tax
anerzaaa 2
J
1
0
> Those sources with the most potential
+Telephone utility tax
+Solid waste street wear
+Transportation benefit district
6rzerzooa 3
~ J
. Other utility tax information
+ #s are estimates
+ Smooth Street Fund revenue &
expenses so the budget doesn't have
peaks and valleys
+ 6% tax would generate $3 million
1 % generates $500,000
+ Spokane and Cheney both have 6% tax on
telephone service
+ Telephone tax may decrease over time
612512008 4
\
2
Street Fund - Problem Statement #2
June 17, 2008
ESTIMATES
2008 2009 2010 2011 2012 2013 2014
Estimate Estimate Estimate Estimate Estimate Estimate Estimate
Street Fund - #2
Beginning Fund Bal S 3,735,000 $ 1,797,000 $ 990,000 S 1,571,440 $ 1,764,395 S 1,564,787 $ 941,210
Diverted Road Tax $ 2,000 $ - S - $ - 5 - ~ - $ -
Interest Income $ 155,000 $ 125,000 S 25,000 $ - 5 - $ - $ -
Utility tax-telephones $ 3,000,000 $ 3,000,000 S 3,000,000 $ 3,000,000 S 3,150,000
Loan from Gen. Fund $ - $ 1,175,000
Motor fuel tx & misc $ 2,100,000 $ 2,100,000 $ 2,100,000 $ 2,100,000 $ 2,100,000 $ 2,100,000 $ 2,100.000
$ 5,992,000 $ 5,197,000 $ 6,115,000 $ 6,671,440 $ 6,864,395 $ 6,664,787 $ 6,191,210
Expenditures $ 4,195,000 $ 4,207,000 $ 4,543,560 $ 4,907,045 $ 5,298,608 $ 5,723,577 $ 6,181,463
$ 1,797,000 $ 990,000 $ 1,571,440 $ 1,7642395 $ 1,564,787 $ 941,210 $ 9,747
~
0 a ~
2015 2016 2017 2018
Estimate Estimate Estimate Estimate
$ 9,747 $ (1,416,234) $ (3,376,292) $ (5,913,156)
$ - $ - $ - $ -
$ - $ - $ - S -
$ 3,150,000 $ 3,150,000 $ 3,150,000 S 3,150,000
S 2,100,000 S 2100,000 S 2.100,000 $ 2.100.000
~ 5,259,747 $ 3,833,766 $ 1,873,708 $ (663,156)
~ 6,675,880 $ 7,210,059 $ 7,786,863 $ 8,409,812
$ (1,416,234) $ (3,376,292) $ (5,913,156) $ (9,072,968)
0 CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: July 1, 2007 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: Administrative report - solid waste discussion options
GOVERNING LEGISLATION: RCW 35.21.120-157; RCW 70.95
PREVIOUS COUNCIL ACTION TAKEN: June 10, 2008 study session.
BACKGROUND: On June 10, the City Council authorized staff to have preliminary discussions
with Sunshine Disposal and Waste Management about the potential for new franchises wrth
terms agreeable to both parties. If the parties were able to come to agreement on such
franchises, they would replace the existing seven year tariffs (similar to franchises) each entity
has with the Washington Utilities & Transportation Commission. If that were to happen, the City
would take over administrative oversight of solid waste collection in the City, with the actual
services still being performed by those two entities.
~ The purpose of this administrative report is to provide the Council with some information on the
relevant statutes, as well as identify a number of the potential discussion points that may arise
during the conversations. Those could include:
- hours of operation
- rates (this will be dependant in part on the fact that the City is obligated to send all of its
solid waste to the Waste-To-Energy plant until the bonds are paid off in 2011. After that
time, there may be opportunity for reduced rates)
- enhanced curbside recycling
- mandatory rESidential pickup
- tipping vouchers for Code Compliance
- tipping vouchers for community clean up days
- street wear agreement for operating heavy vehicles on City streets
- duration of contract
RECOMMENDED ACTION OR MOTION: N/A
BUDGETIFINANCIAL IMPACTS: Unknown long term.
STAFF CONTACT: Cary P. Driskell, Deputy City Attorney; Ken Thompson, Finance Director
ATTACHMENTS: RCW 35.21.120 through .157
O 35.21.120
Solid waste handling system - Contracts.
A city or tovrn may by ordinance provide for the establ[shment of a system or systems of solid waste handling for the
entire city or town or for portions thereof. A aty or town may provide for solid waste handling by or under the direGion
of officials and employees of the city or town or may award conUacts for any service related to solid waste handling
induding contracts entered into under RCW 35,21.152. Contracts for solid waste handling may provide that a city or
town provide for a minimum periodic fee or other method of compensation in consideration of the operational
availability of a solid waste handling system, plant, site, or other facifity at a specified minimum level, without regard
to tfie ownership of the system, plant, site, or other facility, or the amount of solid waste actually handled during all or
any part of the contract period. When a minimurn level of solid waste is specified in a contract for solid waste
handling, there shall be a specific allocation of financial responsibility in the event the amount of solid vraste handled
falls belaw the minimum level provided in the oontract.
As used in this chapter, the terms "solid waste" and "solid waste handling" shall be as defined in RCW 70.95.030.
[1969 c 398 § 1; 1986 c 282 § 18; 1965 c 7§ 35.21.120. ('rior. 1943 c 270 § 1, part: Rem. Supp. 1943 § 9504-1, part.]
Notes:
Severability Legislative findings Constructlon - Liberal construction Supplemental powers --1986 c
282: See notes following RCW 3521.156.
Contracts with vendors for solid vraste handling: RCW 35.21.156.
35.21.130
Solid waste or recyclable materials collection - Ordinance.
A solid waste or recyclable materials collection ordinance may:
(1) Require property ovmers and oocupants of premises to use the solid waste oollection and disposal system or
recyclablE materials collection and disposal system, and to dispose of their solid waste and recyclable materials as
provided in the ordinance: PROVIDED, That a solid vraste or recycling ordinance shall not require any retail
enterprise engaged in the sale of consumer-packaged products to locate or place a public recycling collection site or
buy-back center upon or within a certain distanoe of the retail establishment as a oondition of engaging in the sale of
consumer-packaged products; and
(2) Fix charges for solid ►vaste collectlon and disposal, recyclable materials collection and disposal, or both, and
the rnanner and lime of payment therefor including therein a provision lhat upon failure to pay the charges, the
amount thereof shall beoome a lien against the property for which the solid viaste or recyUable materials collection
service is rendered. The ordinance may also provide penalties for iis violation.
(1989 c 431 § 51; 1965 c 7§ 3'', •?,1_1_30. Prior. 1943 c 270 § 1, part; Rem. Supp. 1943 § 95041, part_]
Notes:
Severabillty 1989 c 431: See RCIN 70.95.901.
~
35.21.135
Solid waste or recyclable materials collecUon - Curbside recycling - Roduced rate.
(1) Each city or town providing by ordinance or resolution a reduced solid v,raste collection rate to residenfs
partiapating in a residential curbside recycfing program implemented under RCW 70.85.090, may provide a sirnilar
reduced rate to residents participating in any other recycling program, if such program is approved by the jurisdiction.
Nothing in this section shall be interpreted to reduce the authority of a city to adopt ordinances under RCW
3521.130(1).
(2) For the purposes of this section, "reduced rate" means a residential solid waste coUection rate incorporating a
rebate, refund, or discount. Reduced rate shall not include residential solid vraste collection rate based on the volume
or weight of solid waste set out for collection.
(1991 c 319 § 404.]
Notes:
Severability Part headings not law -1991 c 319: See FZCW 70.95F.900 and 70.95F.901.
35.21.140
Garbage - Notice of lien - Foreclosure.
A notice of the cit}fs or town's lien for garbage collection and dispasal service specifying the charges, the period
covered by the charges and giving the legal description of the premises soughl to be charged, shall bQ fied with the
county auditor within the time required and shall be foreclosed in the manner and within the time prescribed for liens
for labor and mate(al. '
11965 c 7§ 35 ,71, .1A0. PrSoa: 1943 c 270 § 1, part; Rem. Supp. 1943 § 9504-1, par1.)
i
35.21.150
Garbage - Lien - Priority.
The garbage colleckion and disposal service lien shall be prior to all liens and encumbrances filed subsequent to the i
filing of the notice of it with the county audi4or, except the lien of general taxes and lacal improvement assessments i
whether lavied prior or subsequent thereto.
11865 c 7§ 35.21,15q. Prior: 1843 c 270 § 1, part; Rem. Supp. 7043 § 9594-1, parlj
35.21.152
Solid waste handling - Agreements - Purposes - Terms and conditions.
A city or town may construct, lease, condemn, purchase, acquire, add to, alter, and extend systems, plants, sites, or
other facilities for solid waste handling, and shall have full jurisdiction and authority to manage, regulate, maintain,
utilize, operate, control, and establish the rates and charges for those so[id waste handling systems, plants, sites, or ~
other facilities otivned or operated by the city or town. A city or town may enter into agreements with public or private
parties to: (1) Construct, lease, purchase, acquire, manage, maintain, utilize, or operate publicly or privately owned or \
operated solid waste handling systems, plants, sites, or other facilities; (2) establish rates and charges for those ~
systems, plants, sites, or oiher facalities; (3) designate particular publicly or privately rnvned or operated systems,
~
plants, sites, or other facilities as disposal sites; and (4) sell the materials or products of those systems, plants, or
other facilities. Any agreement entered into shatl be for such term and under such conditions as may be determined
by the Iegislative authoriry of the city or town.
[1989 c 399 § 2; 1977 ax.s. c 164 § 1; 19751 st ex.s. c 208 § 1.]
35.21.154
Solid waste - Compliance with chapter 70.95 RCW required.
Nothing in RCW 35.21.152 will relieve a city or town of its obligations to oomply vr+th the requirements of chapter
70.95 RCW.
[1989 c 399 § 3; 1g75 1st ex.s. c 208 § 3.1
35.21.156
Solid waste - Contracfs with vendors for solid waste handling systems, plants, sites, or facilities -
Requiramcnts - Vondor selection procedures.
~ (1) Notvlithstanding the provisions of any city charter, or any law to the contrary, and in addition to any other authority
provided by law, the legislative authority of a city or town may contrac# with one or more vendors for one or more of
the design, construction, or operation of, or other senrice related to, the systems, plants, sites, or other facalities for
solid waste handling in accordance with lhe procedures set forth in this section. Solid waste handling systems, plants,
sites, or other facilities constructed, purchased, acquired, leased, added to, altered, extended, maintaineri, managed,
utilized, or operated pursuant to this section, RCW 35.21.120 and 35.21.152, whether publicly or privately rnvned,
shall be in subs4antial compliance with the solid waste management plan applicable to the city or town adopted
pursuant to chapter 70.95 RCW. Agreements relating to such solid waste handling systems, plants, sites, or other
facilities may be for such term and may contain such covenants, conditions, and remedies as the legislative authority
of a city or town may deem necessary or appropriate. When a contract for design services is entered inlo separately
from other services permitted under this section, procurement shall be in accorcfance with chapter 39.80 RCW.
(2) If the legislative authority of the aty or town decides to proceed with Ihe consideration of qualifications or
proposals for services from vendors, the city or tovrn shall publish notice of its requirements and request submission
of qualifications statements or proposals. The notice shall be published in the oKeial newspaper of the city or town at
least once a week for two vreeks not less than sixty days before the final dste for the submission of qualifications
statements or proposals. 7he notice shall state in summary fortn (a) the general scope and nature of the design,
constrvction, operation, or other service, (b) the name and address of a representative of the city or totivn who can
provide fuRher details, (c) the final date for the submission of qualifications statements or proposals, (d) an estimated
schedule for the consideration of qualifications, the selection oi vendors, and the negotiation of a contracl or contracts
for services, (e) the location at which a oopy of any request for qualifications or request far proposals v,dll be made
available, and (fl the criteria established by the legislative authority to select a vendor or vendors, which may include
but shall not be limited to the vendors prior experience, including design, construction, or operation of other similar
facilities; respondent's management capability, schedule availability and financial resources; cost of the services,
nature of facility design proposed by the vendor, system reliability; performance standards required for the facililies;
compatibility with exlsting service facilities operated by the public body or other providers of service to the public;
project performance guarantees; penalty and other enforcrement ptovisions; environmenial protection measures to be
used; consistency with the appficable comprehensive solid waste management plan; and allocation of project risks.
(3) If the legislalive authority of the city or town decides to proceed with the consideralion of qualifications or
~ proposals, it may designate a representative to evaluate the v@ndors vrho submitted qualifications statements or
proposals end conduU discussions regarding qualifications or proposals with one or more vendors. The legislative
' authority or representative may request submission of qualifications statements and may later request more delailed
proposals from one or more vendors who have submitted qualifications statements, or may request detaited
propasals without having first received and evaluated qualifications statements. 7he legislative authority or its ~
representative shall evaluale the qualifications or proposals, as applicable. If two or more vendors submit `
qualifications or proposals that meet the criteria established by the legislative authority of the city or tov,rn, discussions
and interviervs shail be held arith a4 least lwo vendors. Any revisions to a request for qualifications or request for
proposals shall be made available to all vendors then under consideration by the city or town and shall be made
available to any other person ►vho has requesied receipt of that information.
(4) Based on criteria established by the legislative authority of the city or trnvn, the representative shall
recommend to the legislative authority a vendor or vendors that are in'rGally determined to be the best qualified to
provide one or more of the design, construction or operation of, or other service related to, the proposed project or
services. The legislative authority may select one or more qualified vendors for one or more of the design,
construction, or operation of, or other service related to, the proposed proJect or services.
(5) The legislative authority or its representative may attempl to negotiafe a contract vrith the vendor or vendors
selected for one or more of the design, construction, or operation of, or other service related to, the proposed project
or servioes on terms that the legislative authority delermines to be fair and reasonable and in the best interest of the
city ar town. If the legislative authority or 'rts representative is unable to negotiate such a contract with any one or
more of the vendors first selected on terms that it determines to be fair and reasonable and in the best interest of the
city or tawn, negotiations with any one or more of the vendors shall be terminated or suspended and another qualified
vendor or vendors may be selected in accordance with the procedures set forth in this seckion. If the legislative
authority decides to continue the process of selection, negotiations shall oontinue with a qualified vendor or vendors
in accordance vrith this section at the sole discretion of the legislalive authority unUl an agreement is reached with
one or more qualified vendors, or the process is terminated by the legislative authority. The process may be repeated
until an agreement is reached.
(6) Prior to entering inlo a oontract with a vendor, the legislative authority of the city or tovrn shall make written
findings, aRer holding a public hearing on the proposal, that it is in the public interest to enter into the contracl, that
the wntract is financially sound, and that it is aclvantageous for the city or town to use this method for awarding
contracts compared to other methods. -
(7) Each contract shall include a project performance bond or bonds or other security by the vendor that in the ~judgment of ttie legislative authority of the city or town is sufficient to secUre adequate performance by the vendor.
(8) The provisions of chapters 39.12, 39.19, and '39.25 RCW shall apply to a contract entered into under this
secUon to the same extent as if the systems and plants were awned by a public body.
(9) The vendor selection process permitted by this seGion shall be supplemeMal to and shall not be oonstrued as
a repeal of or limitation on any other authority granted by law.
The alternative selection process provided by this section may not be used in the selection of a person or entity to
oonstruct a publicly ovrned tacility for the storage or transfer of solid waste or solid vraste handling equipment unless
the facility is either (a) privately operated pursuant to a contract greater than five years, or (b) an integral pari of a
solid waste processing facility located an the same site. Instead, the applicable provisions oi RCW 35.22.620, and
35.23.352, and chapiers 39.04 and 39.30 RCW shall be followed.
[1989 c 399 § 7; 1988 c 282 § 17. farmerry RCW 35.92.024.J
Notes:
'Reviser's note: Chapter 39.25 RCW was repealeti by 1994 c 138 § 2.
Legislative findings Construction -1986 c 282 17-20: "The legislature finds that the regulation,
management, and dispasal of solid waste through waste reduction, recycling, and lhe use of resource recovery
facililies of ihe kind described in RCW 35,92.022 and 36.58.040 should be conducted in a manner substantially
consistent with the priorities and policies of the solid waste management act, chapter 70.95 RCW. Nothing contained
in sections 17 through 20 of this act shall detract from the povrers, duties, and functions given to the utilities and
transportation commission in chapter 81.77 RCW." [1986 c 282 § 16.1
Libcral construction Supplemental powers --1986 c 282 16-20: "Sections 16 through 20 of this act, being
necessary for the health and welfare of the state and its inhabitants, shall be liberally construed to effect its purposes.
0 Sections 16 through 20 of this act shall be deemed to provide an alternative method for the performance of those
subjects authorized by these sections and shall be regarded as supplemental and additional to pavers conferred by
the Washington state Constitution, other state latvs, and the charter of any city or county." [1986 c 282 § 21.]
Severability --1986 c 282: See RCW 82.18.900.
35.21.157
Solid waste collection - Rate increase notice.
(1) A city that oontracts for the collecfion of solid waste, or provides for the collection of solid waste directty, shall
notify the public of each proposed rate increase for a solid waste handling service. The notice may be mailed to each
afiected ratepayer or published once a week for two consecutive areeks in a nevrspaper of general circulation in the
collection area. 7he notice shall be availabte to affected ratepayers at least forty-five days prior to the proposed
effeclive date of the rEte increase.
(2) For purposes of this section, "solid waste handling" has the same meaning as provided in RCVJ 70.95.030.
[1994c161 §2.j
Notes:
Findings Declaration --1994 c 161: "fhe legislature finds that local govemments and private vraste
management companies have significantly changed solid wast2 management services in an effort to preserve landfill
~ space and to avoid costly environmental cleanups of municipal landfills. The legislatur@ raoognizes lhat these new
services have enabled the state to achieve one of the nation's highest recycling rates.
The legislature also finds that the need to pay for the cleanup of past disposal practices and to provide new
recycling senriccs has caused solid waste rates to increase substantially, The legislature further finds that private
solid waste collection companies regulated by the utilities and transportalion commission are required to provide
public notice but that city-managed solid waste collection systems are not. 7he legislature declares it to be in the
public interest for city-managed systems to provide public notice of solid waste rate incteases.° [1994 c 161 § 1.]
~
0 CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: July 1, 2008 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Interlocal Agreement for fire Services
GOVERNING LEGISLATION: RCW 39.34 Interlocal cooperation Act
PREVIOUS COUNCIL ACTION TAKEN: Spokane County had entered into an agreement with
the fire District in October of 2000. this agreement was followed by the City of Spokane Valley
and fees were incorporated in to the fee schedule adopted by the City. until ths City Council
approved an Interlocal Agreement with the Fire District in August of 2006.
~ BACKGROUND: Subsequent to the adoption of the current agreement the parties have
recognized that a number of services performed by both the fire district and The City are
not clearly delineated in the agreement Changes have been made to reflect what
actually is done by each entity. The changes in red are those changes proposed by the
Fire District after reviewing the City's proposal.
OPTIONS: Schedule for approval or return to staff for revision.
RECOMMENDED ACTION OR MOTION: Schedule for approval
BUDGETIFINANCIAL IMPACTS: NA
STAFF CONTACT: Mike Connelly, Mary Kate Martin
ATTACHMENTS:
1. Spokane County Agreernent
2. Existing Agreement
3. Proposed Agreement
~4. Sample agreement from Federal Way, Washington
•
; INTERLOCAL l'E COllE INSPEC'TION SFRtiiLCES AG-R.EEMENT
0 0953 . .
T.ffiS AGREEMIENT, made and entered into this ~day of /23!~2~2000, . by and between SPOKANE COUNTY, a poLitical subdivision. of the State of Wasliinoton,
1J having officcs for the transaction of business at West 1116 Broadway Avenue, Sgokane, -
' Washington, 99260; hereinafter referrad to as the "County," and SPOKt1NE COUN'TY FIU PROTECTI0N DTSTR.ICT N0. -L-, a political subdivision and municipal corporation of the
State of Washi.ngton, having , offices for tlie transaction of busi.ness at
S - hereinaRer referred to as the "Dishict;"
jointly referred to, ong 'th the County, as the "Parties."
. WITNESSET$:
WHEREAS, the Board of County Commissioners, pursuant to the pro,,isions of the
, Revised Code of Washington, Section 36.32.120(6), has the care of County property and the management of County funds and business; and
WHERLAS, pursuant to RCW 52.12.011 Fire Protection District created under chapter
52.10 RCW are political subdNision of the State and shall be held to bc municipal corporations
, within thc laws and constitution of the Stpte of Washington; and ' .
WEEREAS, pursuant to the provisions of chapter 39.34 1tCW local governments are
. . permitted to make the niost Efficient use.of their powers by enabling them to cooperate with
other. governmental un.its on a Uasis of uiutual advantage; and tiVHEREAS, pursuant to the provisions of RCW Section 52.12.031(3) the District may
contract with any governmental cntity to provide or cooperate for fire przvention protection
. purposes; and . •
,
WHEREAS, pursuant to the provisions of RCW Section 19.27.110, each county
government shall administer and enforce the uniform fire code in the unincorporated areas of the
county: PROVIDED, That any political subdivision or municipal. corporation. pmvidine fire
protection pursuant to RCU' 14.08.120 shall,'at its solc opdon, be responsible for administration
and en#'orcement of the uniform fire code on its facility. Any fire protection district or political
. subdivision may, pursuant to chapter 3934 RCW, the interlocal cooperation act, assume all or a
portion of the administei-ing 'responsibility and coordinate and cooperate with the county
govenunent in the enforcement of the uniform*•fire code. Tt is not the intent of RCW 19.27.110
. and 19.27.111 to preclude or limit the authorily of any city, town, counry, fi
re protection district, state agency, or political stabdivision from engaging in those fire prevention activ-ities with which
they. are charged: It is not the intent of the legislature by adopting ttie'state building code or
RCW 19.27.110 and 19.27.111 to gant counties any more power to suppress or extinguish fires
. -than counties currently possess under the Constitution or other statutes. Each oounty is
authorized to impose fecs sufficient to pay the cost of, inspections, administration, and
, enforceriment pursuant to RCW 19.27.110 and 19.27.111; and
WHEREt1S, pursuant to Spokane County Code Section 3.05.010(d), for the purpose of
~ administration and cnforcement of the Uniform Fire Code, where the words Fire Prevention
Page 1 of 8
. A~~~I'~'~C`lii11~A1~T {tl; S~~c~,~it~,~„i~u .~'t•>icn~,y A~;r~:~u►e~nt•+~ .
' rNTERY,OCAL yJ,~-~f2.E C4DE INSFECTYON SER ICES AGREEMENT _ Bureau, Fire Chief, or Chief appear in the Uniforr.n Fzre'Code, except as provided for the oontra'ry_
~-y herein, they shall mean building official's office; and building offi.cial respectively, provided that ~
. ~ .
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• . .
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1.
• Page 2 of 8
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nothing herein shall be construed as desigiating the building official as the "chieP' of any fiiz_
~ protection district; and
WHEREAS, the Spokane County building official has certain inspection duties pursuant
to the 1997 LJniform Fire Code aad desires to contract withthc District to provide for
administration of those duties, Snd the District desires to • assume all or a portion of the
administering responsibility and coordinate and cooperate Nvith the County in the enforceIIient of '
those duties; NOW, TIIEREFORE, for and in considcration of mutual promises set forth hereinafter,
the Parties do hereby agree: ,
SECTIQN SERVICES , .The District shall providc the.serviccs set forth in Attachment "A" commencing on the date this
Ageement is executeci ttirough N r--.. 3 l '~:bb ~ ; provided tlie parties agree that
administration of the fire code related to any properties owned by Spokane, County and lying .
-within the boundaries of the.Distr-ict shall rernain the sole- responsibility of the County unless _ottierwise agreed to ia-writing benveen the partics. _
SEC'I'ION 2: INDEPENDENT CONTRACTOIt
The Parties intend that an independent contractor relationslup «rill be created by th.is Agrcement -
The County is i.nterested* only in the results that could be achieved and,has no right to control or ,
direct the District, either as to the results or the details and means for rendering the ssrvices
' required herein. The conduct and control of all serviccs will bc solely witli the District. Neither the laistrict, nor any agent, employee, servant consultant, agency or otherwise of the
District shall bc deemed to be an employee, agcnt, servant, consultant, agency or othenNise of the .
County for any purpose nor shall they identify or.hold themselves out as-the same. Likewise, .
. ncither the County nor any agent, employee, servanf, consultant, agency or otherwise of the
County shall be deemed to be an employec, agcnt, servant, consultant, agency or othenwisc of the
, District for any puipose, nor shall they identify or hold themselves out as the same. Ncither the
District nor any agent, employee, servant, consultant, or agency of the Distzict is entitled to'any
of the benefits that the County -provides for County employees, including but not limited to,
health insurance, sick leave, pension, vacation, longevity, or disability leave, etc. . 1'he I7istrict will be solely and entirely responsible for its . acts and the acts of its agents,
- empIoyees, servants, subcontractors, consultant, agency, or otherwise, during the performance of
th.is Agreement. . ,
The District shall be responsible for paying all overhead costs associated with the performance of
the services set forth herein, including but not limitcd to meals, office and office supplies,
secretarial services, telephone and any necessary equipment. Thc I7istrict shall obtain and'keep
current, at its expense, any trainnig «`hich is necessary to perform fhe services set forth herein.
Page 3 of 8
. , ~ • ,
The District shall be solely responsible £or paying any and all taxes associated with services
provided by the District, including but not lima.ted to income and social security taxes.
SECTION NO. 3: T'ERNIINATION
Either Party reserves the right to terminate th.is Agreement without reason upon ffiurty (30) days .
written notice. ' SECT'ION NO. 4: INSURANCE
The Dis6rict shall caixy, for the duration of this Agreemcnt, errors and omissions insurance in an
. amount of not less than $1,400,000, together with comprehensive automobilE liability coverage of $100,000/$300,000 for -airy vehicle used to provide services under this AgrcemenL A.11 such
•policics shall provide that they shall not be canceled^, materially changed, or rencwed Nvithout thirty ,
(30) days written notice prior tliereto to the Coi-inty. 1he-County shall bc an additional insured on , all instirance polices. All policies shall be issued by insurance companies licenscd to do business i.n
the State of Washington and havi.ng an Best rating of A or better. The. District shall provide tothe
County certificate(s) evidencing such coverage. .
SECTION NO. 5: TNDEAU14MCATION
(a) The Iaistrict agrees to indemnify and defend the County from any loss, cost or expense claimed
' by third parties for proFerty damage and bociily. injury, including death, caused solely by the
~ negligcncE or willful misconduct of the District, its employeGS, or agents in connection with the senices to be performeti hy the District under the terms of this Agreement.
(b) The County agrecs to indemnify and defencl the Distriet from any loss, cost or expense claimed
by third parties for properiy damage and bo,dily iujiiry, including deatl2, caused solely by thc
negligence or willfiil misconduct of -County, its employees, or.agents in connection with tbe : obligations of the County under the terms of this Agrcement (c) If thc negligence or ~irillful misconduct of both the District and County (or a'peison ic3entified
above for which each is liable) is a cause of such damage -or injury, the loss, including costs of
expenses, shall be shared beriveen itie District and the County in proportion fo their reiative degrees
of negligence or willful misconduct and the right of indemnity shall apply to such propoition. .
SECTYON NO. b: NON-DISCRUMINATION The FAIZTTES hereto specifically agree that no person shall, on the grounds of race, cr"d, color, ' _
sex or national origan, bc excluded fi•om full employlnent rights and participation in, or be denied
the benefits of, or be othenvise subject to, discri.mination under any prograan, service or acdvity, for
, tivhich the District has receivcd or will receive payTnent under the provisions of this Agreemcnt.
SECTION N0. 7: M.A]NT'EN.ANCE OF RECOR.DS
,
Page 4 of 8
'
The District shall make avaalable to the County or the Washington State Auditor, or their duly _
~ authorizad representatives, at any time during their normal operating hours, all records, books or '
Pertinent information which the Dishrict shall have kept m coajunction tivith this Ageement, and
which the County may be required by law to make part of its auditing proc.edures, an audit trail, or
which may be required for the purpose of funding the services contracted for herein. .
' SECTION NO. 8: ASSIGNI~MNT "
This Agreement is one for personal services, and accordingly, the District may not assign or
transfer, in whole or in part, its interest in this Agreement without the express written oonsent of the
' County. This provision does not preclude the District from contracting with anothcr agency or outside . consulfant to perform the services required of the District by.this Agrcement. The District shatl
notify the County in writing. prior to any agency or 'outside oonsuliant provtding services for the '
. District under this Agreement. Such agency or consvltant shall be covered by the insurance
required in Section 4 of this Agreement. , ' .
SEC"TION NO. 9: MODIFICATION No rnodification or amendment of this Agreement shall be valid until the same is reduced to writing
and executed with the same formalities as this present Agreement. SECTIDN NO.1.0: WA.IVER
No officer; employee, agent or otherwise of any Party has the power, right or anthority to waive any
. of the conditions or provisions to this Agrecment. No waivcr of any breach.of this Agreement shall
, be held to bc awaiver of any other or subsequent breach. A11 remedies a.fforded in this Agreement
' or At law shall be taken and construeti as cumulative, that is,,in addition to every other remedy
- proviiled herein or by law. Failure of a Party to enforce at any time any of the provisions. of this Agreement or to requiie af any time performance of any provision hereof shall. in no way be
' construed to be a waiver of such provisions, nor in any way affect the validity of this Agrcement or
. -any part hereof, or the right of a Party to hereatter en.force each and cvery such pmvision.
SEGTION NO. 11: NOTICES .A11- notices called for or provided for in this Agreement shall be in writing and must be served on
any of the Parties eitherpersonally or by certified mail, return receipi requeste3, sent to the parties -
at thcir respective addresses hereinahove given. Notices sent by certified mail shall be deemed
SENECI Ni'hen deposited. in the United States mail, postag8 prepaid
SECTION N0.12: ADi'ISTRATOR ,
The parties agree, and the County hereby appoints, the Director of flie Division of Builciing -and
'"-Code Enforcement or his designee shall be the administrator of this Agreement and.the County's
~
, Page5of8
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representahv with respect to it's iniplementation; The District hereby appoinfs
'N~ Vm ,2iLS as it's representative with respect to iznplcmentation of this agreement ;
• - , -
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Fage 6 of 8
SECT'ION N0.13: HEADINGS - '
The section headings in this Agreement have beGn insertcd soIely for the purpose of convenience
and ready referenc.e. In no way do they purport to, and shall not be deemed to, define, lamit or
extend the scope or intent of the sections to w}uch they appertai.n. SECTION NO. -14: VENUE STIPULATION ' -
. This Agreement has "and sball be construed as having been made and delivered in the State of
ti'VasYiington, and the laws of the State of Washington shall be applicable to its construction and
, enforcemenL Any action at law, suit in equity or judicial proceacling for the enforoement of this
Agreement, or any provision heretq shall be instituted on]y i,n courts of competent jurisdiction
within.Spokane County, Washington. ' ' .
SEC'TION NO. 15: ALL WRIT~i 1GS CONTAMD REREIN
. This Agreement contains all the terms and coaditions agreed upon by the. PARTTES. No' other
understandings, oral or otherwise, regarding the subject matter of this Agrcement sha11 be deemed .
to eacist or to bind any of the PARTIES hereto. The District has read and understands all of this
• Agreement, and now states that no representation, promise or agreement not expressed in this
Agreement has been made to induce the llistrict to cxecute the same. '
o~. C07t~BOARD OT' COYTriTY COMMSSIONERS ~tiEColi•.~~
OF SPOI{~.NE COUNTY, NNas
J~ EIYvGrox / ` • (a _ c1 ~.L'. N .
, f .
. ' ' • • ' •
. . . ~
tRoskelfl;ley, Chair
ATTEST: VICKl' 11~I. llALTON
CLERK OF T~LE BOARD
hil.lip A. Harris, Vice-Chair . . .
. . Y:
aniela Ericl:son, Deputy M. Kate NScC s' SPOKANF, COUNTY FIRE,
PROTECTION DISTk2TCT NO. ~ . ]3
h.Ai rz-mAn~ - (atle)
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60VERNMENI, CITY CtF S~(A AGR
After Recording, return document to
Spol:ane Valley City Clerk . 11707 E. Spcague Aveiiue, Suite 106
Spokane Valley, WA 99206 .
INTERLOCAL AGREFNIENT FOR FIRE SERVJCFS IN TBE C1TY Ok' SPOKANE VAJ'~LEY
(August 1, 2006 -December 31, 2006)
THIS AGREEN.[ENT, made and entered into by and beriveen Spokane Cnunty Tire District
One, a special purpose district organ.iced and operating under the laws of the State of Wa,shington, having ~ offces for the transaction of business at 10319 East Sprague Aveaue, Spokane Valley, Washington 99206,
hereinafter referred to as the "District" and the City of Spokanc Valley, a municipal corporation of the
State of `Vash.ington, having offices for the transaction of business at the 12edwood 1'laza, 11707 East
Spraguo Avenue, Suite 106, Spokane Valley, Wastungton 99206, hereinafter referred to as "Cily," jointly
hereinafter referred to as the "Parties." The llistrict and the City agrec as follows. ,
SEC'TION NO.1: RECITALS AIND FlNl)]:NGS
(a) Cities and special purpose districts may contract Nvith each other to perform certain
functions which each may ]enally perform under chapter 39.34 RC`V (Znterlocal Cooperation Act).
(b) The City has been annexed into the Dish-ict and tlae District provides most cmergency fire protection scrvices iu the City. . •
(C) The City has adopted land use regulations, a series of safery codes for building
construction, maintenanco, and the use of structures and their occupancies, including the
Intemational Building Code (r}3C) and the Intemational Fire Code (IFC). - (d) ThE District has a Fire Prevention 17ivision, staffed by trained personnel that reguIarly
. conduct fire code safery. inspeckions and conduct fire invesYigations to determine the
origin and cause of fires within the City.
(e) °1"he Ciiy has a need for the services of the District and the District has the ability to
provide the services.
(f) The duty of the District to provide emergency services within the District or under the
provisions of this Agreement is a duty owed to the public gencrally and by entering into
this Agresment, the I}istrict does not incur a special duty to the City, the* property
. ' ow-ners, residents or oceupants of the City. ' •
Interiocal Agrcement for Fire Services, Fire District 14t' 1 ' Page 1 of 9
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MUFRN~'~{T, CITY OF SPOKA AGR f40.00 gpph~f eOC~, ~95P
(g) This Agreement is entered into for the benefit of the partics to this Agreemsnt only and
shall confer no beneFts, direct or implied, on any thircl persons.
SECTION NO. 2: DEMNITIONS
(a) Aareement: `=Agreement" meau„s this Interlocal Ageement between die City and FD1
regazding firc code compliance-relatcd services.
(b) City: "City" means the City of Spokane Valley.
(c) Taistriet: "District" means Spokane County Fire District One.
(d) Services: "Services" means those services identif ed in Exhibit 1.
(e) Compensation: "Cotopensation" means the amount of money which tlle City will colleet and pay the'District for prnviding Scrvices as identified in Exhibit 1.
(f) . Uncontrollable Circumstances: "Uncontrollable Circumstances" means dbe following
events, riots, wars, civil disturbances, insurrections, acts of terrorism, eYternal fires and f_loods, votcanic'
eniptions, liahtning or eartliquakes at or near where the Services are performec] and/or tFiat directly affect
providing of such Services.
SFC'I`i.QN NO. 3: Y1712POSE •
The purpose of this Ageement is to reduce to «Titing the PARTIF'~S' understanding as to the terms'and conditions under which the Disti•ict will provide Services on behalf of the CITY. It is the intent of the
PARTIF,S that Services to be provided by the I7istrict Nvill be consistent with the CITY'S CounciUManager form of govemment provided for in chapter 35k 13 RCW.
SFCTTON NO. 4: ril'l1tATION/WITTIARAWAL, This Agreement shall commence on August 1, 2006, and run Chroudh DECember 31, 2006, unless one of the
FA12lIES provides n.otice as set forth in Section 7. At the conclusioa* o.f the initial term, this Anrccment sliall automatically be renewed from year to year
thereailer effectivc January 1" to December 315' A11 renewals shall be subject to all ferms and conclicions
set forth herein or as amended pursuant to Section 13 below. Any Pariy may withdraw nt any time from this Agreement for any reason whatsoever upon a min.imum of
180 dx}'s w7ilten notice as provided for in Section 7 W the other Party. SECTION NO. 5: COS7 OF SERVICES AND PAYMEiNT'S
The CIT'Y shall pay the DlSMCT the costs foc Services provided under this Agreement as set forth in Ex.h.ibit l,,attached hereto ancl incorporated herein Uy reference.
The CIT'Y shall add the costs for services clescribed in Exhibit l, along with a fee af $35.00 to reflect the
cost of proccssing ttiese payments, to the permit fees ctaarged by the C1TY. The fee amounts set forth in
Exhibit 1 shall be forwarded to the DISTRICT. Payments by the CITY will be quarterly. EiCher party may
dispute any claimed moncys o-sved. Xn the event the PARTIES cannot mutually resotve any dispute over mnneys owed within thirty (30) calenclar days from the time a written claim is made, unless otherwise
agreed by the FARTIES, the matter shall be resolved pursuant to the Dispute Resqlution provisions set forth •
in Section No. 16. 'Che selection of arbitrators as provided for in Secnon ,No._16 shall commence within
thi.rty (30) calendar days of the running of the thirty (30) calendar day time frame. ' Tlle PARTIES recognize that it is not ahvays possible for either Party to discover errors in gayment. The
PAR'TIES fiuther recoguize that there must b$ some finality ro addressing such errors. Accordi.ngly, tlie
[nterlocal Agreement for Fire Scrvices, F've District #1 f'age 2 of 9
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. GOUEPPENL CiTY OF SPOKA AGR $40,69 Spokane Co, WR
~ PA.RTlES agree that both Pt1RTIES are forecIosed from challenging any errors in payment if the matter is
not dra~m in tivriting to the other PAlt7'Y'S attention within tbirty (30) calendaz days of the last invoice of
the aalendar year. Errors raised within this ti.me frame that are not muttaally resolved shall be subject to the
Dispute Resolution provisions set fortll in Section No. 16.
SECTION N0. 6: REILATEA RESPONS.LBILITU- S IN COVJUNG°lION WI7 M- PROVIDING
SERVYCES .
The DISTRICT or designees agee to atteend sta.ff or council meetings as requested by the CITY Manager.,
The DIS7'R1CT or designees agree to meet upon request by the CiTY Mapager or hislher designec to
• discuss any Service provided under the terms of dus Agreement. •
, SECITON NO. 7: NOT'ICE . All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or
other communications aro reccived whcn sent by personal delivery; or (ii) rhe third day following the day on
which the same have been mailed by first class delivery, postage prepaid addressed to the DISTRICT or the
CTTY at the address set forih below for such Party, or at such other address as eitiier party shall from time-
to-ti.me dcsignate by noticc in writi.ng to the other Party:
DISTRICT: • Spokane County Fire District No. One .
. 10319 E. Sprague Ave. -
_ Spflkane WA 99206
~ CITY: City of Spokane Valley City Manager
or hi.s/her authorized representative
11707 East Spra ;ue Avenue, Suite 106 Spokane VaUey, Washington 99206
SECTION NQ. 8: ASSIGNMEn'T
No 1'arty may assign in whole or part its interest in this Agi-eement without the written approval of the other
FART°Y. ,
SEC'TYON NO. 9: DISTRTCT EMPL01'FES
Tha DISTRICT shall appoint, hire, assign, retain 1nd cliscipliue all employees performing Services under
this Agreement nccorcli.ng to applicable collective bargaining agreements and applicable state and federal
. laNvs. '
SEC'a'ION Nn. 10: LjA.BTLUi'
(a) The DISTRICT shall indemnify and hold liaratless dhe CITY and its officers, agents, aiad employees, from any and all chliuis, actions, suits, liability, loss, costs, expenses, and damages of any nature
whatsoever, by any reason of or arising out of any negligent act or onussion of the DISTRICT, its officers,
. agents and employees, relating to or arising out of performing Services pursuant to this Agreement. Tn the
event tfiat any suit based upnn such claim, actian, loss, or damages is brought against the CITY, the
DISTRICT shall defend the sarue at its sole cost and expense; provicled that the CITY reserves the right to
participate in said suit if any principle of govemmental or public law is involved; and if final judgment in
said suit bc rcndered against the CTTY, and its officcrs, agents, and employees, or jointly against the CITY
~ and the DISTRICT and ttieir respective officers, agents, and employees, the DISTRICT shall'satisfy the
~ J same.
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(b) The C1TY shall indemnify and hold harmless the DISTRTCT and its ofEEicars, agents, and employees, from any and a1l claims, actions, suits, liability, lass, costs, expenses, and ciamagas of any nature
whatsoever, by any rzason of or arising out of any negligcnt act or omission of the CITY, its officers, agents and employees, relatug to or arisino out of performing Services pursuant to this Ageenient. In the event
t}iat any suit based ugon such claim, aet•ion, loss, or damages is brought against the D1.STR.CCT, the CITY
shall defend the same at its sole cost and expense; provided that the DiST1ZCCT reserves the right to
participate in said surt if any principle of governmental or public law is involved; and if final judgment in
said suit bc rendered against the IaIS'T'RICT, and,its offtcers, agcnts, end employees, or jointly against the
DISTRICT and the CITY and their respective officers, agents, and employees, the CITY shall satisfy th~e
same.
(c) If the comparative negligence of the Parties and their officers and employees is a cause of such
damage. or injury, the liability, loss, cost, or expense shall be shared between the Parties i.n proportion ta
. their relative degree of negligence anci the right of i.ndemnity shall apply Co such proporkion.
(d) Where an officer or employee of a Party is acYing under the direction and contro( of the other
Party, the Pirty directing and cnntroll.ing the ofticer ar employee in the activity antUor onlission giving
rise to liability shall accept all liability-for the o[her Party's offtcer or employee's negligcnce.
(e) Each Parfy's duty to indemnify shall sLuvive the termination or expiration of the Agreement.
( fl The foregoing indemn.ity is specifically intended to constitute a waiver of 'each Party's iznmunity
under Washington's .I,ndustrial JnsuranCe A.ct, chapter 51 RCW, respecting the othcr party only, and only to ;
the extcnt necessary to provide the indemnified Pari`y with a full and completo indemnity of claiins made by • the indernnitor's employees. The I'ARTD:?S acknowledge that thcse provisions were specifically negotiated
and aexeed upon by them.
(g) The llISTRIC1' and the CITY agree to eithcr self insuro or purchase policies of insurance covering
the matters contained in ttus Agreement Nrith coverage's of not less than $3,000,000 per occurrence with
$3,000,000 agsregate limits including professional liability and auto liability coverage's.
SECTTON N0.11: RELAT:LONSHIP O:F THE PAI.tTICES The PA.RTIES intend that an independent contractor relationship will be created by this Agraement. The
DIS'I`KCC°l" shall be an independent contractor and not the agent or employce of the CITX, that the CTTY is
inferested only in• the results to be achieved and that the right to control the particular manner, metbod and
mcans in which the scrvices are perfoimed is solely within the discretion of the DJSTRICT. A.ny and all
employecs who provide Services to the CTTY under this Agreement shall be deemed employEes solely of
the 17ISTR.IC'1. The IaIS IRICT shall be solely responsible for the conduct and actions ot' all employees
under this ADreement and any liability that may attach theteto. Likcwise, na aDent, employce, servant or •
represetitative of the CITY shall be deemed to be an employee, agent, servant or representative of the
DISTRICT f.or any purpose. It is understood that the District shall from time to time upon identification of a life safety violat7on of
code or a parking violarion i.mpairing access to fire hydrants or routes of ingress or egress to emergency
scenes or restricted fire zones, ueed to unmediately issue citations for theso violations. It is further
understood that the Fire District, under the authority of the Spokane County Sheriff's Office may, if ,
necessary, take such acrions under the sole authority of the Spokane County SherifPs Office and or the
.
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GOVER?61ENT, CITY OF SPdKA AGR $49.00 Spokane Co, WR
~ District and pw-suant to a separate agreement with the Spokane County Sheriffs Office. Any costs or
liability that. may result from these actions shall be the responsibility of either the Fire District or _
Sheriff's Office respectively. SEG°TION N0.12: viUnYFTCATION .
This Agreernent may be modifed in writing by mutual written agreement of the PARTfES. Froposals for
modification shall be submitted to the other party at least 60 days before the end of the aalendar year.
SECTION NQ. 13: PROPERTY AND EQ'CTl'rt'MENT .
The oNNmership of all property and equipment utilized in conjunction with providing the Services shall
remain with the original o«mcr, unless otherwise specifically and mutually agreed to by the PART'ICS to
this Agreement. For the purpose of this section, the terminology "owaer" means that Party which paid
the full purchase price for the property or equipment
SECTTOrT N0.14: AY.L `4V12ITINGS CON'TA. .tEA AFRFIN/BINDING EFN'EC"I'
This Agreement contains terms and conditions agreed upon by the PAR.T:[E,S. The PA.RTIES anree that .
there are no other understandings, oral or oCherwise, regarding the subject mattei of this Agreement. No
changes or additions to this Agreement shaU be valid or bincling upon the 1'E1RTfES unless such change or
addition is in Nvriting, executed by the PARTI.ES.
This Agreement shal) be binding upon the PAR'TIES hereto, their successnrs and assigns.
SFCT'ZON NO.15: DISPUTE RESOLUTIO\i
~ Any dispute Uetween the PARTTES whieh eannnt be resolved behveen the PARTXES shalt be subject to
arbitration. Except as provided for to the contrary herein, such dispute shall f.ust be reduced to writing and
consiclered by the DLSTRICT and the C1rY Manager. If the DiSTRICT and the CIT'Y Manager eannot
. resQtve the disput;e it will be submitted to arbitration. The provisions of chapter 7.04 RC`V shall be
applicablc to any arbitration proceeciing.
The AISTRICT and the CITY shall have the right to designate one person each to act as an arbitrator. The
two selected arbitrators shall then joinEly select a third arbitrator. The decision of the arbitration panel shall
be binding on the PA.R'CMS ancl sha11 ba subject to judicial review as provided £or iia chapter 7.04 RCW.
The costs of the arbitration panel shall be cquxlly split bet,veen the PARTIFS. SECTIONNQ.IG: VENCJE, S'fiIPULATION -
This Ageement has been ancl shall be construed as having been made and delivered within the State of
`Vashingtan and it is mul`ually understood and agreed by each party that this Agreement shaU be
governed by the latvs of the State of Washington both as to interpretaNon and performance. A.ny action at
law, suit in equity or judicial praceeding far the enforcement of this Agreement, or any provision liereto,
shall be instituted onty in courts of conipetent jurisdiction within Spokane County, Washington.
SECTIOiN N0.17: SEVE-RABILTTY -
'fhe PAR'17kS agree-that if any parts, terms or provisions of this Agrcement are held by the courts to be
illegal, the validity of the remaining portions or provisions shall not be affected and the rights and
obligations of the PARTLES shall not be affected in regard to the remainder of the Agreement. If it sliould
appear that any part, term or provision of this Agreemcnt is in conflict with any statutory provision of the
~ State of Washington, then the part, temz or Provision thereof that may be in conflict shall be deemed
Interlocal Agreemeilt for I'ire Services, Fire District #l Page 5 of 9
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, GOULR>"NT, CITY OF ~DOKR RV $48 ,08 S,aokane Ca ,R
. ,
. inoperitive and null ancl void insofar as it may be in conflict therewith and this Ag-eement shall be deemed , j
to modify to conform to such statutory provision.
SEC'1IUti° NO. 18: RE-COr2.DS
All public recortls preparcd, owned, used or retained by the DISTRICT in conjtmction with providing
Service5 under the terms of this Agreemcnt shall be deemed CITX property and shall be made available to
thc CITY upon rEquest by the CITY Vlanager subject to the attomey client and attorney work product
privileges sct forth in statute, court rule or case law. The DISTRICT wil.l notify the CTIY of any public
disclasure request under chapter 4217 RCW for copies or viewing of such records as well as the
llTSTRICT'S response thereto.
SECTION N0.19: HEADxNGS The section headings appearing in this Agreement have been inserted solely for the purpose of
conveuience and ready reference. In no way do they purport to, and shall not bc deemed to define, limit
or extend the scope or intent of the sections to which they pertain.
SECTIdN NQ'. 20: TZNrE OF ESSENCE OF AGRETM:ENT
Time is of the essence oF this Agreement and in case either Party fails to perform the obligations on its
part to be performed at the time fi:ced for the performance of the respective obligation by the tenns of this Ageeement, the ottier Party may, at its election, hold the other Parly liable for all costs and damages
caused by such delay. .
SE(:'I`ION T70. 21: UNCONTROLZ,ABT.E CrRCUMS'TANCES/1MPaSSEBI[,.ITY .
A delny or interruption in or failure of performance of all or any part of this Agreement resulting from Uncontrollable Circumstances shall be deemed not a default under Yhis Agreement. .
A delay or interruption in or failurc of performance of all or any part of this Agreemcnt resulting from any change in or new law, order, rule or regulation of any nafure which renders providing of Services in
accordance with the terms of this tlgreement legally impossible, and any other circumstances beyond the
control of thc DISTRICT which render legally impossible the performance by the DISTRICT of its
obligations under this Agreement, shall be cleemed not a default under this Agreement.
SEGTION NO. 22: FLLING •
This Agreement shall be filed by the DISIRICT with such offices or agencies as requircd by chapter
39.34 RCW.
SFCTION NO. 23: EX.ECUTION Al\rD APP120VAY. .
The PAR"TLES warrant that the off cers executing below have been duly a+ittiorized to act for and on -
behalf of the Party for puiposes of confirming tliis.Agreement.
SECTION N0. 24: Itii `:I I'IATIVES
The PARTI;ES recognize that revenue reducing initiative(s) passed by the voters of Mashington may
substantially reduce local operating reveniie for the CLT°Y, DISTRICT or both PARM. -The .PARTIES
agree that it is necessary to have flexibility to recluce the contracteci amount(s) in this Agreement in response
to budget constraints resulting £rom the passage of revenue reducing initiative(s). If such an event occurs,
thc PARTiES agree to nebotiate in good faith to achieve a ciiutually agresable resolution in a timely fashion.
' i
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SECTION NO. 25 CO~PLIA,~~iCE WT.CH LAR'S
The Parries shall observe F►Il federal, state and local laws, ordinances and regulations, to the ea-tent that they
may be applicable to the terms of this Agreement.
SECfiION NO. 26: DZSCLATMETt
E.ccept as othenvise provided, this Agrcemcnt shall not be construed in any manncr that would limit
either Party's authority or power under law.
LN W1TsSS WHIEREOF, the PARTIES have caused this Agreement to be executeci on date and year
opposite their respsctive signatures.
DATED:
SPpK.4rN OUNTY T 'T'1t1CT ONE,
BY, ib C~
DATF,A: CZTY ~F SPOIC E VALLEX
David Vlercier, Cit}, Manager
Egristine Bainbridge, City Clerk
APPROVEA AS TO FOEt.M ONLY:
Office o e Ci orney .
~ • -
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CITY OF SPOKR AGR b40,00 Spokane Co,
E3CL--- -
. FIItF CUriE
FME ALA.R.M, SPI2INKGER AND OTEVER PROTECTTON SXSTENTS
City processing fee of $35 is added to thesa Fire District 1 fees.
Plans check and review fees, insgectians, and permit for installation of scparate fire a.tartn system or
sprinklcr system applications, and oflier fire protection systems. Fire A.Iarrn System
New installation
1 -4 devices $150
5-100 devices $250
A.dditional 100 devices' . $ SO
Each additional panel $ 40 ,
Sprinkler supervision only $ 75
Fach additional floor $ 40 "
Fire Sprinkler S'ystems
1-9 heads $ 53 ' 1049 $165
50-100 $275
101-200 $325 201-300 $350
3n1-400 $375
401-500 $425
500+ . $500 + $33 per head
Far hydraulically designed syste:rns multiply thc above fee by 2
New Suppressiun Systems
Range hoads, halon, C02, dry chEnnical, FM 200, i.ntergen spray bAOths, etc.
Unit 1-5 nozzles $100
0ver 5 nozzles $100 +$10 per nozzle
. Bottle(s) $30 per bottle
Fire Pump Installation
Plan reNriew & inspection fee $500
Uaderground k'ire'!Vlains-Plan reviewand inspect. $150
Standpipes not a parY of automatic suppression system
Qlan review and inspection $150
~
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GOUERNOT, CITY OF S,'OKA RGR $40.00 Spokane Co, IUi
~ Other Protection Systems
Fire extinguishing system (othcr than sprinklers) - $ 50
plus $1.50 per nozzlc
. Standpipe installation -
Class I and Class II $ 58 -
Class ffJ $ 70
Tank installation - per tank
Flammable and combustible liquids - storage
tanlcs installation $ 60
Hazardous materials - storage tanl:s installation $ 60
L,iquefied petroleum $ 60
, Gaseous oxygen systems $ 60
Nitrous systems $ 60
Medical gas systems $ 60
Hazardous material recycling systems $ 60
- Vapor recovery systcm $ 60
Cryogenic $ 60
. Removal, abandonment or any combinatYOn
tliereof of flaittmabla or combustible •
liquid storage tanks $ 90
Emergency or standby commeroial power
generator install $ 60 .
PrIOIITs Conditiona] Use Fcrmit . $ 60
Temporary Use Permit $ 64 Tentsleanopy Pennit (er•ent) To bo deterniined
PLANS CffECK ANP REVZCW BY THE BUREAU OF k`ZRE 1'REVENTION New commerci:il pl:ins chec:lc ancl inspection (for projects not mentioned elsewhcre) $ 60
LAND USE .
Suhdivision/PUD preliminary $120
Final $ 60 .
Shart Plat
. Preliminary $120 -
Final $ 60
~
Interlocal Agresment for Fire Services, Fire District #1 1'age 9 of 9
DRAFf DRAFT DRAFf
Versfon Dated: ]une 4, 2008 .
After Recording, return document to
Spokane Valley City Clerk
11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206
INTERLOCAL AGREEMENT FOR FIRE SERVICES
IN THE CITY OF SPOKANE VALLEY (June 2008)
THIS AGREEMENT, made and enterzd into by and befinreen Spokane Valley Fire
Department, a special purpose district organized and operating under the laws of the
State of Washington, having offices for the transaction of business at 10319 East
Sprague Avenue, Spokane Valley, Washington 99205, hereinafter referred to as the
°Department" and the City of Spokane Valley, a municiQal corporation oi the State of
Washington, having offces for the transaction of business at the Redwood Plaza, 11707
East Sprague Avenue, Suite 106, Spokane Valley, Washington 99206, hereinafter . .
referred to as "City,° jointly hereinafter refeRed to as the "Parties." The Department and .
the City agree as follows.
SECTION N0. 1: RECITALS AND FINDINGS
A. Cities and specaal purpose districts may contract with each other to perform
oertain functions which each may legalry perform under chapfer 39.34 RCW (Interlocal
Cooperation Act).
6. The City has been znnexed into the special purpose district served by the
Department and the Department provides most emergency fire protectian services in
the City.
C. The City has adopted land use regulations, a series of safety codes for
building construction, maintenance, and the use oi structures and their accupancies,
including the Intemational Building Code (IBC) and the Intemational Fire Code (IFC).
Tnterlocal Agrccmcnt for Fire Serrlces, Fire 1?epartment 0 1 Page 1 of 11
i
~ ty.'TA GFthiT:N',C~'~F~ -5~4ra~~ secl 'fis;r~~~Ineii=C
DRAFT DRAFT' DRAFT
Version Dated: June 4, 2008
Q. The Cit•r has e-ode enfo,cerncnt authoritv rursLant te RCVJ 19 27 05-1) arid
flrn investloatlon authoriM und8r RCW 43.44 054-
,E The Department has a Fire Ptevention Divlsion, staf(ed by trained DOW@& D_
personne( that regularty conduct fire code Bafaty fnspectlans and conduct fire
I irtvestigations to determine the origln and cause of fires within the City oursuant to
RCW.52 12.031(7) -mrd RCtiV 43 44 050.
~ Both the Cttyr and the Department have a naed for the senrices ot the _o+i.ace e
other and the City and the Department have the abitity to pravide these servfaes.
The duty of the Department to provfde emerflency services within the Dektock F '
special purpose dfstrict or under the provfsions of this Agreement Is a duty owed to the
pubiic generalty and by entefing into this Agreement, the Department does not incur a
spedal duty to the City, the property owners, residents or oxupants of the City.
This Agreemertt ts entered into far the beneFrt ai tttie parties to thls Delete& G. '
Agreement only and Bhall canfer no bene(its, dlroci or imp0ed, on any third persons.
~ This agreement fs intended to modity and replace the prior nter{ocal Dektedi H
Aareement For Fire Services in the Citv of Spokane Vaflev entered Into by the parties
on the 19th of July, 2006.
3EC1'14N NO. 2: DEFiNiT10NS
A. reemant "Agreement" means this Interiocal Agreement between the
City and the Department regardfng fire wde campliance-related services.
B. P~y: 'Gty" means ihe City of Spokane Vailey.
C Deoartment 'Department" mearra Spokane Valley Fire Department.
D. SGNIces; 'Services" means those senrfces identlfW In the currentiy
adopted fee schedule.
E. Qomoensation' °Compensation' meane the amount af money which the
City wiA called and pay the Department for provtding Services as kientifisd in the
cumandy adopted fee schedule.
F_ Uncontmilable Cfrcumstances: 'UnconVoNabie Circumsianoes' means
the toilowing events: ftts, wars, civil dlsturbances, insurreciions, acta at terrortsm,
imerlu.xl Agrsemcnt :or Fir: Sm-'crs, Fve Lkparunent rI Page 2 of t l
DRAFT DRAFf DRAFf
Version Dated: June 4, 2008
extemai fires and flaods, volcanic eruptions, lightning or e3rthquakes at or near where
.he Services aro performed and/or tfiat directty aNect providing of such Senrices.
SEGTION NO. 3: PURPOSE
The purpose of this Agreemerrt is to teduce ta writing the PARTIES' understanding as to
the terms and oondttions under wfik.h the City and the Department will provide Senrices
to each other. It is the intent of the PARTIES that Senrices to be provided will be
consistent with the CITY'S CoundUManager tortn of govemment provided for In chapter
35A.13 RCW.
SEC710N N0. 4: OURATIONMIITHDRAWAL
This Agreemerrt ahap commence on June 2008, and run through December 31,
2008, and contlnue to be In effect on sn annual besls thereaRer unless ane of the
~ PARTIES provides notke as set forth In Sedbn oektnd~ 7 1
At the conc{usion of tfie InfUal term (December 31, 2008), thls Agreement shall
automatically be renewed from year to year thereaftar effective January 1" to December
31'L All reneuvats shall be subjec? t~ -,'I ,.--.s
amended pursuant to Sectjon 13 be'
Any Party may withdraw at any time, , . ~ a m(nimum oi 180 days written notice as proviae-j -
SECTtON NO. a: PARTIES RESPONSIBILITIES:
The DEPARTMENT will administer the Intematiocial r.re c;o,.~je, as currarur aacpcE.:
subsequentfy amended, for the CITY by maintaining a Fire Preverttbn Divis
periorming pkan revlews, and by conducting inspections and (nvestigations.
A. The Department agrees to desEgnate a fire code officfal t^ Imr!eR-~ administer, and to wark with the Citv to eMorce the provislons of thfs code ~i
in the Intemational Fire Code 6ection 103.
B. Inspectiane of exis6ng occupancies shall be conducted as follc:; =
1. Inspections ahall be performed under Section 104 and SecGan 105
of the IFC.
2. Inspections in axordance with Spctlon 104 and 105 shall be
conducted on an ennual basis except Group H occupancies, wfilch may be Inspected
semi-annually. In all cases the inspectbns are to be conducted In a regularfy scheduled
manner.
Interlocal Agreemmt far Fits Sen'iaes, Fire Uepm'tmta! 0 1 E'ago 3 a f 1 I
owAFr DwaFr oRAFr
Version Dated: ]une 4, 2008
3. The DEPARTMENT shall serva written notloe ot e violatlon of the
IFC to the propeRy andlor ausiness as is appropriats. Re-{nspedion of faifed tnspections
wiq be canducted not more than 30 calendar days after the inidal inspectian. The thirty-
day Itmit may be exceeded if so doing does nat endanger petsons occupying or
aoaessing the occupancy and the flre inspecior sets and commerits in writing a date
ceKaln for re-Inspecdon.
4. li compllance Is nat act►fevad after the first re-Inspectbn, a second
written notloe shsll be served unfess there ls an immediebe hazard to pub{lc safety.
5. N aftx the saoond re-fnspedion non-compliance stfll exksis, the
DEPARTMENT shall confer with the Bullding Ofifdal and Jointly+ prepare the ertbfocmeM
adion. The CITY shall be responsfble for costs af code enfaroement actfons. The
Building Offkcial shall Issue stap work arders as deemed appropriste.
6. Ai the dme of the first inapection, Fire Prevention Division Inspectors
shall daisrmina if e valki pertnit has been isaued to occupandes raqulring a permN,
pursuant to IFC SecGon 105. If a valld peRnK has not besn issued, the DEPARTMENT
inspector will take approprlate ection to inform tt►e oowpant of the local requlrements.
7. Nohnriihstartding the forogoing, immediabe enfarzement and or other
actions may be undertaken by the CITY in Ileu of waminga or re-ir►spectfons N to do so is
necessary to compty wfth applic;abie (aw or far other circumstances detarmined by the
~ cmr. . Deinted% Tm. DUARTMEn.►,~
r.frW+, nmrt, P«bn,rno a,y or the
senSua tpeoCNd (n tt+ii D+n4+wh
C. The Departmern shall conduct Fire Investigabons in conformance with the upw reaus* ti U. cTr.
IFC and other City, state end federal requiremenls. All Investigations -
Involving arson or mischisvous buming shall be ceported to the
appropriate enforcement agency.
D. A copy of p1ans submitted tn the CITY fof buflding oonstruction and
~ afteration shall be submitted by tha GITY to the Department for revlew. The
QeRartrnent shall be responable for determining:
1. Flne hydrant locations.
2. Connectia►s for locaUons of standplpes and sprinkWr systems.
3. Key box tocatlons and epprovals.
4. Fire fbw avaltabllity tn all areas where the water providar does not
have suffficcJent infotmation.
6. Raad access requirernents to property and bulldings for fire flghtlng
purposes, including designetad fire Ianes.
~
in:crlocal AF:ranrnt tor Fuc Sm:czs, fve 13cpcutincnt R 1 F'agc 4 of E 1
DRAFf DRAFT DRAFT
Version Dated: June 4, 2008
The CITY shall be responsi0le for ~TClerner}tinq tr,t CEPARTMENTS
determinatiorS throu4h the CITYS oemtittinp protess
E. The Department shall further assist the Ciry in the mview of plans for
Automat)c Fire Suppressian Systems end Fire Afarm and Detectlon Systems.
F. The City and the Department shail both conduci finai inspecibns of new
bui{dings other than single family dwellings or privefe garages.
G. The Department shall review applicatlons and perform fieid inspections of
public flreworks dtsplays to insure compliance witii applicable State and City
requirements.
H. Tha CiN shall assist the DeoaRment as necessant ►n tmplementin4 and
enfQrcina the Oeoartment's determina2fans undar thES Sectigrt No. 5_
I The DEPARTMENT shall refrain fra
sc,ecified in this p?raaraph uDon rpau?st bv th? CIT'
SECTION NO 6: COST OF SERVICES ANO PAYMEri T:
The CITY shall pay the DEPARTMENT the costs for Services providad by tf--~
DEPARTMENT under lhis Agreement as set farth fn the currenUy adopted fee
resalutlon.
The CITY shall colleci and retain a$35 processing fee In additlon ta the fees listed (n the
currentty adopted fee resotudon. Fees collected on behalf of the Department shafl he
forvvarded by the CITY on a quartefly basls to the department. Eithet pariy may dispute
any ctaimed maneys owed. In the event the PARTIES cannot mutually resohre any
dispute over moneys owed within thI►ty (30) cafendar days trom the time a written claim is
made, unless ofherwise agreed by the PARTIES, the matter shall be resohred pursuant to
the Dispute Resolution provisfons set forth In Section No. 16. The selection of artritrators
as provided for in Section No,_16 shall oommerc.e -,ti•~'h;n thlr!y /301 r~l;=n'±ar ~a•r~ of t►-,e
n,nning of the thirty (30) calendar dey tlme fram-
The PARTIES recognize that ft is not aMrays
payment The PARTIES further recognize that tharz musi ba soniefir,ality to addressing
such eROrs. Accardingly, the PARTIES agree that bolh PARTIES are fareclosed frorn
challenging eny errars in payment rnade- in wr:iirg ;o cF:•
E3r;vpithin thlrty (30) ealendar days of the last invoice of the calendar year. Errors raised . VA mmam w rrot er&&.-
within thls time irame that are not mutually resolved shall be subject to the Disp! 1~2 in wm:ng fo!he Ot"c! PAqTY'$
Resolutfon provisions sei forth In Section No. 16.
SECTION NO. T: RFI_ATEn pFCO0N51!3iI «iF,'; IN CntJ.lUNCT'QN wi P
PROVIDING SERVICES
tntm1uLa1 Agreemcni fbr Fira Ser i.c-., : ec ?t.•F.u~~~c~it ~ ~ :sti: _
DRAFf DRAFT DRAFT
Version Dated: ]une 4, 2008
~1-± DEPARTMENT Lpre§,entakrvg shall maKe reasonabla efforts aiDEnd staff of cauncq o.hic.e: i'++.
meetlngs as requested by the CITY Martager. o.i.rm «a..Ww...w..eo (
_
~ e.DEPARTMENT `E-,:!_SC,~ta:r:e shali maRe r_ganable effc~ts to meet upnn roquest by o•id•&_ The
the CfTY Manager or hislher des(gnee to dlscuss any Servlce prov~ded under the terms of oekft& a e.,qr,.o 87.. b
this Agreemerit -
$ECTlON NO. 8: NOTICE
Ali notlce.s or other communications Sivtn hereunder shall be deemed given on_ (1) the
day such not)ces of other canmunications are recaived when sent by personal dellvery;
or (ii) the third day fol{owing the day on which the same heve been mailed by first dase
delivery, postaQe Rrepald addressed to the DEPARTMEN7 or the CITY at the addreas set
forth below for such Rarty, or at such other addrass as either Party shatl from tlme-to-time
designate by noUce in writing b the oiher Party:
DEPARTMENT: Spokane Valley Fire Department
10319 E. Sprague Ave.
Spokane WA 89208
CiTY: City of Spokene VaUey City Manager
or htslher auihorized repraaentative
11707 East Sprague Avenue, Suite 106
Spokane Valley, Wash[ngton 99206
SECTlON NO. 9: A331GNMENT
No Party may assign in whote or part its Interest in this Agresment without the written
appraval of the other PARTY.
~ SECTION N0.10: DEPARTMENTICITY EMPLOYEE3
The DEPARTMENT shall appofnt, hire, assign, retain end disc(pline all employees
performing DEPARTMEN i Services under this Agreament aovording to apppcable
coilectiva barpafning agreetnents end applicabis state and federal taws. Tre CITY shaii
auooint, hira, assian, rAtain and discipline afl empbvees amiino CITY Servicts und'v;-
Ovis Act/$Cm¢Y1t SCOC[ji-g_1~ dC~pl=~)~•
state and fzdiral iaws
SECTiON N0.11: LlABlItTY
A The DEPARTMENT shall indemnify and hoid harrnless the CtTY and its
afficers, agents, and employees, from any and all claims, actions, suits, ftablNty, bss,
costa, expenses, and damages of any nature whatsoev+er, by any ressan of or arising out
of arry negligent aci or omltsion of the DEPARTMENT, its offfcers, egents and
Intn'locnl Agrceatnt frr Fire Senices, Firr DcFarpmrni 0 1 Pnu,t 6 nf 11
DRAFT DRAFf DRAFT
version Dated: ]une 4, 2008
employees, reisting to or arisfng out of performfng Services pursuant to thls Agreement_
In the event that any suit based upon such cisim, action, losa, or damagas is brought
against the CITY, the DEPARTMENT shail defend the same at Its sole cost and expense;
provided that tfie CITY reserves the right to participate in said suft if any princ[ple ef
govemmental or public law is Invohred; and if final Judgment in sald suK be rendered
egainst the CITY, and its oflicers, agents, and employees, or jointly against the CITY and
the DEPARTMENT and their respective officers, agents, and employees, the
DEPARTMENT shall satfsfy the seme.
B. The C(TY shall indemnifyr and hotd haRnless the DEPARTMENT and ita
officers, agants, and employees, from any and ail clalms, actions, sutts, liability, loss,
casts, expenses, and dameges of any nature whatsoever, by any reason of or arising au'
of any negligent act or omissbn of the CITY, ita officers, agents and empiayees, nalatlnc
to or arising out of perform(ng Services pursuant to lhls Agreement In the event that an;
suit based upon such ctaEm, actbn, loes, or damages ls brought against the
DEPARTMENT, the CITY shall defend the same at Its sole cost end expense; provided
that ttte DEPARTMENT reserves the dght to participate in said suit if any principle of
govemmental or public law is Involved; and H final judgment in said suft be rendered
against the DEPARTMENT, and its officers, agants, and empioyees, or jolntly against the
OEPARTMENT and the CiTY and thelr r8spective off►cers, agents, and employees, the
CtTY sha11 satisfy the same.
C. If the comparative negligence of the Parties end their officers anci
employees (s a cause of such damage or inJury, the Ilability, Ioss. cost, ar expense shaI i
be shared between ihe Pafies fn propaftion to ~ -1 - r - •
the Nght of indemnity shall apply to such proporti.
D. Where an offlcer ar employee of a
conVol of the other Perty, the Party directing and controlling the officer or employee iri
the activiry and/or omission giving ris<
Party's offiicer or employee's negligenc:
E. F
the Agreemen~
F.
each Perty's immunity undar Washington's IndusVial Insurance Act, ciiapter 51 RCW
reapecting the other partyr ony, and onty to the exient necessary to provide th:.
Indemnified Party with a full and complete indemnity of claims made by the indemnttor'4
empbyees. The PARTIES adcnowledge that these proviaions were specificau;
negotlated and agreed upon by tfiem.
G. The DEPARTMENT and the CfTY agree to either self insure or purohase
policles of insurance coverfng the mattera contained in this Agreament with caverage's ci;
Interlcxa! Agrremrnt for F'iro Sm•:ces, Fuc lkpatcacru 0 1 i'age 7 a!' 1~
DRAFT DRAFT DRAFT
Verslon Dated: June 4, 2008
not less than $3,000,000 per occumence wfth S3,000,000 aggregate Hmiis Including
profess(onai liability and auto liabifity coveraga'8.
SECTION N0.12: RELATIONSHIP OF THE PARTtES
The PARTIES intend that an independent contractor relationship wiU be created by this
Agreement The DEPARTMENT shall be an independent contractor and not the agent or
employee of the CtTY, that the CtTY is interested only in the resulta to be achfeved and
that tlhe rfght to aontrd the particuler manner, method and means in which the services
are performed Is sclely within the discretlan of the DEPARTMENT. My and atl
empfoyees who provide Services to the CITY under this Agreement shall be daemed
empfoyees aolety of the DEPARTMEN7. The DEPARTMEN7 shali be solely responsible
for the oonduct ar►d acttons of all emplayees under this Agreement and any liability that
may attach thereto. Likewise, no aWt, empbyee, servartt or representative of the CITY
shall be deemed to be an employee, agerrt, servant cr representaiive of the
DEPARTMENT for any purpose.
It Is undecstood that the Department shall from time to tlme upon kientiflcatJon at a life
safety violatiati of code ar e parking violatlon fmpairing accesa to fire hydrants or routes
of ingress or egress to emergency scenes or restricted fire zones, need ro immediaiely
issue citations for these vlolaUans. it }s further undtrstuod that the Fire Department,
under the authority of the Spokane County Sheriffs Office may, if necassary, take such
acfions under the so{e audwrity of the Spokane County SherifPs Office and or the
Department and pursuant to a separata agreement with the Spokane County Sheriffs
Office. Any costs or Iiabitity that may result frorn these actbns shall be the
responsibility oi either the Ftre Department or Sheriffi's Office respectively.
$ECTION N0.13: MODIFICATION
This Agreement may be modified in writing by mutuai written agreemeM o( ihe PARTIES.
Proposals for modifiptlon shall be aubmitted to tht other party at least 60 days beiore
the end of the calendar year.
SECTi4N N0.14: PROPERTY AND EQUIPMENT
The awnershfp of all propeRy and equipment utilized in conjunctron wfth provkiing the
Services shail remain with the original owner, unless otherwise specif~caliy and mutuslly
agrsed to by the PARTIES to this Agreement For the purpose of this secUon, tfie
teRnlnology "owner' means that Party whfch paid the fuil purchase price for the properry
or equfpment.
$ECTION N0,16: ALL WRITIN0.S CONTAlNED HEREIN/BINDING EFFECT
This AgreerneM contalns tertns and oonditlona agroed upon by the PARTIES. The
PARTIE8 agroe that tiwe ere no other understandings, oral or otherwfse, regarding the
Inxslocal Agraemeat fur Fire Scrvice+. Ftre Dcparemeat 0 1 F'ege d af I!
DRAFT DRAFT DRAFT
Verslon Dated: June 4, 2008
subject matter of this Agreement. No changes ar addfbons to this Agreement shall be
valid or binding upon the PARTIES unle6s such change or additfon is in wrtbng, executed
by the PARTIES.
This Agreement shall be binding upan the PARTIES hereto, thelr successars and
assfgns.
SECTION N0.18: DISPUTE RE80LUTION
My dlapute between the PARTIES which cannot be resotved between the PARTIES
shall be subject to arbftration. Except as provided for to the conUary hereln, such dispute
shall first be reduced to writing and considered by the DEPARTMENT and the CiTY
Manager. If the DEPARTMENT and the CITY Manaper cannot resaNe the dispute i! wiil
~ be submkied to arbitration. The provis{ons of chapter 7.04A RCW shap be applicsbie tn
any arbitratiori proceeding.
The DEPARTMENT and the CtTY shall have the dght to designate one person each Go
act es an arbitrator. The two selected arbitrators shall then )ointry select a third arbitrator.
The decEslon of the arbttration panel shall be binding on tlze PARTIES and shall be
~ subject to judicial review as provided for In chapter 7.04A RCW.
I The costs oi the arbltratlan pansl shaU be equally sptit between the PARTIES, E
PARTY sh?II be resDCtfiS!hi? !Cf i1S Own cos's in creaarina nnd presentinq ds q~.
SECTION N0.17: VENUE STIPULATION
This Agreement has been and shell be consVued as having been made and delivered
withln the State of Washfngton and lt Is mutually understood and agreed by each party
that thls Agreement shall be governed by 1he Eaws of the State of Washington both as
to interpretatlon and performance. Any action at law, suit in equity or judfcial proceeding
for the enforcement of thls Agreement, or any provision heneto, shall be inatftuted only in
caurts of competent jurisdiction withln Spokane County, Washington.
SECTIQN N0.18: SEVERABIUTY
The PARTIES agrea that if arty parts, terms or provisions of this Agreement ara held by
the courts to be lllegal, the validity of the remalning porNons or provisiona shaU not be
affectad and tho rights and obligations of the PARTIES shall not be affected ln regard to
the remainder of the Agresment. If it shou{d appear that any part, term or provision of this
Agreement is in conflict with any statutory provision of the State of Washington, then the
part, term or provision theteof that may be fn confllct shall be deemed Inoperative and null
and vold insofar as it msy be In conflict lherewith and thEs Agreement shell be deemed to
modity io conform to auch statutory provlsion.
SECTlON N0.18: RECORDS
Inta}ocal Arrtrmcat fnr Fue Savfcm, Fue i)epettmcatNl Page 9 ef 11
DRAFT DRAFT DRAFT
Verslon Dated: Jurtie 4, 2008
All pubfic records prepared, owned, used or rets[ned by the DEPARTMENT in
conjunction with providing Services under the tertns of thls Agreement shali be deemed
CITY property and shaq be mede avallable to the CITY upon request by the CITY
Manager subJect to the attomey dient and attomey work product prirri{eges set foft in
slatute, court rule or cese law, The DEPARTMENT wifl notify the CITY of any pubiic
~ dlscbsure request under chapter 42,56 RCW for oopies or vlewing of such records as o••*•*. 17 _
wel) as the DEPARTMENTS response thereto.
8ECT10N NO. 20: HEADtNGS
The section headings appearfng in this Agreement heve been inserted solely for the
purpose of convenlence and rsady referenc;e. In no way do they purport to, and shatl
nat be deemed to deflne, fimtt or extend the scope or irttent of the sacdons to whfch
they pertain.
~ SECTIQN N0.21; UNCONTROILABLE CIRCUMSTANCES1fAAPOS3181LRY ry~
A datay or interruption In or failure of perfortnanca of ail or any part of thEs Agreement nrm ud tn....*m. & aile
resuffing from Uncontrcllable Ciroumstances shaU be deemed not a defautt under this ~ A~~ P~rty
W. ro o.rf«,n ttw oeapatSonw on b
AgreemenG POM b Wa Z' u"" ;
ra ft p.rtartn.noe d me resp.arv.
oDfiq.No, bv cne arrne aChu
A deley or Interruptlon in or failure of performance of aN or any part of this Agraement I~, ms ar- ~r m*v, 't
resultfng from any change in or new law, atder, rule or regulativn of any nature which a~~'"d;O&M P
rendets providing of Services in exondance with the terms of this Agreement iegally c+e.+.r.9 i
impos6[ble, end any other dreumstances beyorxf the control of the DEPARTMENT '
which render legally fmpossible tfie perfomtance by the DEPARTMENT of its
obiigabons under th[s Agreement, shall be deemed not e default under this Agreement,
~ 3ECTION N0. .22; FIUNO al _
ThIS Aereement shall be filed by the DEPARTMEIJT with such offlces or agar►cies as
required by chapter 39.34 RCW.
~&ECT10N NO, 23: EXECUTION AND APPROVAL DeWbod: ai
The PARTIES warrant that the officers executing belaw have been duly authorized to
act for and an behaK of the Party br purposes of ooniirming this Agraement.
~ SECTION NO. 24+ INI77ATIVE3 °iat°°' JA !
The PARTIES raoognize :hat revenue reducing lnitiative(a) pessed by the voters of
Washington may substantially reduce Iocal operating revenue for lhe CITY,
DEPARTMENT or both PARTIES. The PARTiES egree thet ft is neoessary to havs
flexibilityr to reduce the contracted emount(s) in this Agresment in response to budget
constraints resulting from the psssage of revenue ceducinfl in'diatPvve(s). If such an event
Inierfoca! Agresmeat fux Fue Srntices. Fm De;snrtment N 1 Pnge 10 of I 1
DRAFr DRAFT DRAFf
VersJon Dated: lune 4, 2008
occurs, the PARTIES agree to negotfate {n good faith to achieve a mutuapy agreeable
resolution in a timely fashion
~ sECnoH No..25: coIAPuAwce wrrH u►ws -
The Partbes shall observe ail federal, state and focal laws, ofdinances and regufations, to
the extent that they may be aQplicable to the tarms of this Agreement.
~ SECTION NO. 96j DISCLAIMER
Eccept as othervvise provided, this Agreement shall not be construed fn any manner
that would Iimft either Party's authoriry or power under law.
IN WITNESS WHEREOf, the PARTIES have caused this Agreement to be executed on
date and year oppo$ite their respective signatures.
DATEO:
SPOKANE COUNTY FIRE DEPARTMENT
ONE,
By, ns
ATTEST:
David Mercier, City Manager
Chrisiine Bainbridge, City CIer4c
APPROVED AS TO FORM ONLY:
Offkoe of the City Attomey
IAterlocal Agm-aaent for Firc Scviccs, F'rre [)eparuna,t p 1 f'agc 1 I of 11
DRAFT DRAFT DRAFT
Version Dated: ]une 10, 2008
~
After Recording, return document to
Spokane Valley City Clerk
11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206
IfdTERLOCAL AGREEMENT FOR FIRE SERVICES
IN THE CITY OF SPOKANE VALLEY
(June , 2008)
THIS AGREEMEIdT, made and entered into by and between Spokane Valley Fire
Department, a special purpose district organized and operating under the laws of the
State of Washington, having offices for the transaction of business at 10319 East '
Sprague Avenue, Spokane Valley, Washington 99206, hereinafter referred to as the
"Department" and the City of Spokane Valley, a municipal corporation of the State of
Washington, having offices for the transaction of business at the Redwood Plaza, 11707
East Sprague Avenue, Suite 106, Spokane Valley, Washington 99206, hereinafter
referred to as "City,° jointly hereinafter referred to as the "Parties.'° The Departm2nt and
the City agree as follows.
SECTION NO. 'i: RECITALS AND FINDIMGS
A. Cities and special purpose districts may contract with each other to perform
certain functions which each may legally perForm under chapter 39.34 RCW (Interlocal
Cooperation Act).
B. The City has been annexed into the special purpose district served by the
Department and the Department provides most emergency fire protection servicss in
the City.
C. The City has adopted land use regulations, a series of safety codes for
building construction, maintenance, and the use of structures and their occupancies,
including the (nternational Building Code (IBC) and the International Fire Code (IFC). C
.l,
Interlocal Agrcement for Fire Services, Fire Qepa-hnent K1 Page l of 11 f
DRAFT DRAFT DRAFT
Version Dated: June 10, 2008
D. The Department has a Fire Prevention Division, staffed by trained
personnel that regularly conduct fire code safety inspections and conduct fire
investigations to determine the origin and cause of fires within the City.
E. Both the City and the Department have a need for the services of the
other and the City and the Department have the abilfty to provide these services.
F. The duty of the Department to provide emergency services within the
special purpose district or under the provisions of this Agreement is a duty owed to the
public generally and by entering into this Agreement, the Department does not incur a
special duty to the City, the property owners, residents or occupants of the City. G. This Agreement is entered into for the benefit of the parties to this
Agreement only and shall confer no benefits, direct or implied, on any third persons.
H. This agreement is intended to modify and 'replace the prior Interiocal
Agreement For Fire Services in the City of Spokane Valley entered into by the parties
on the 19th of July, 2006.
SECTIOPlld0.2: DEFINITIONS
A. Aqreement: "Agreement" means this Interlocal Agreement between the
City and the Department regarding fire code compliance-related services.
B. Uity: "City" means the City of Spokane Valley. ,
C. Department: "Department" means Spokane Valley Fire Department.
D. Services: "Services" means those services identified in the currently
adopted fee schedule.
E. Compensation: "Compensation" means the amount of money which the
City will collect and pay the Department for providing Services as identified in the
currently adopted fee schedule.
F. Uncontrollable Circumstances: "Uncontrollable Circumstances" means
the following events: riots, wars, civil disturbances, insurrections, acts of terrorism,
external fires and floods, volcanic eruptions, lightning or earthquakes at or near where
the Services are performed and/or that directly affect providing of such Services.
SECTION NO. 3: PURPOSE
Interlocal Agreement for Fire Scrvices, Fire Department ~1 Page 2 of 11
pRAFT DRAFT DRAFT
. Version Dated: June 10, 2008
The purpose of this Agreement is to reduce to writing the PARTIES' understanding as to
the terms and conditions under which the City and the Department will provide Services
to each other. It is the intent of the PARTIES that Services to be provided will be
consistent with the CITY`S CouncillNlanager form of govemment provided for in chapter
35A.13 RCW.
SECTION NO. 4: DURATIOM/WITHDRAWAL
This Agreement shall commence on June , 2008, and run through December 31,
2008, and continue to be in effect on an annual basis thereafter unless one of the
PARTIES provides notice as set forth in Section 7.
At the conclusion of the initial term (December 31, 2008), this Agreement shall
automatically be renewed from year to year thereafter effective January 15t to December
31St, All renewals shall be subject to all terms and conditions set forth herein or as
amended pursuant to Section 13 below.
Any Party may withdraw at any time from this Agreement for any reason whatsoever upon
a minimum of 180 days written notice as provided for in Section 7 to the other Party.
SECTION NO. 5: PARTIES RESPOPISIBILITIES:
The DEPARTMENT will administer the International Fire Code, as currently adopted or -
subsequently amendetl, for the CITY by maintaining a Fire Prevention Division,
performing plan reviews, and by conducting inspections and investigations, .
A. The Department agrees to designate a fire code official to implement,
administer, and enforce the provisions of this code as provided for in the International Fire
Code section 103.
B. Inspections of existing occupancies shall be conducted as follows:
1. Inspections shall be performed under Section 104 and Section 105
of the IFC.
2. Inspections in accordance with Section 104 and 105 shall be
conducted on an annual basis except Group H occupancies, which may be inspected
semi-annually. In all cases the inspections are to be conducted in a regularly scheduled
manner.
3. The DEPARTMENT shall serve written notice of a violation of the
IFC to the property and/or business as is appropriate. Re-inspection of failed inspections
will be conducted not more than 30 calendar days after the initial inspection. The thirty-
day limit may. be exceeded if so doing does not endanger persons occupying or
Interlocal Agreement for Fire Services, Fire Department 91 paee 3 of 11
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~ accessing the occupancy and the fire inspector sets and comments in writing a date
certain for re-inspection.
4. If compliance is not achieved after the first re-inspection, a second
wr'rtten notice shall be served unless there is an immediate hazard to public safety.
5. If after the second re-inspection non-compliance still exists, the
DEPARTMENT shall confer with the Building Official and jointly prepare the enforcement
action.. The CITY shall be responsible for costs of cade enforcement actions. The
Building Official shall issue stop work orders as deemed appropriate.
6. At the time of the first inspection, Fire Prevention Division Inspectors
shall determine if a valid perm'rt has been issued to occupancies requiring a permit,
pursuant to IFC Section 105. If a valid permit has not been issued, the DEPARTMENT
inspector will take appropriate action to inform the occupant of the local requirements.
7. Notwithstanding the foregoing, immediate enforcement and or other
actions may be undertaken by the CITY in lieu of wamings or re-inspections if to do so is
necessary to comply with applicable law or for other circumstances s determined by the
CITY. The DEPARTNiENT shall refrain from performing any of the services specified in
this paragraph upon request by the CITY.
C. The Department shall conduct Fire Investigations in conformance with the
IFC and other City, state and federal requirements. All investigations
~ involving arson or mischievous buming shall be reported to the
appropriate enforcement agency.
D. A copy of plans submitted to the City for building construction and
alteration shall be submitted to the Department for review. The Department shall be
responsible for determining:
1. Fire hydrant locations.
2. Connections for locations of standpipes and sprinkler systems.
3. Key box locations and approvals.
4. Fire flow availability in all areas where the water provider does not
have sufficient information.
5. Road access requirements to property and buildings for fire fighting
purposes, including designated fire lanes.
E. The Department shall further assist the City in the review of plans for
Automatic Fire Suppression Systems and Fire Alarm and Detection Systems. .
Interlocal Agreement for Fire Services, Fire Departrnent nl Page 4 of 11
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F. The City and the Department shall both conduct final inspections of new
buildings other than single family dwellings or private garages.
G. The Department shall review applications and perform field inspections of
public fireworks displays to insure compliance with applicable State and City
requirements.
SECTION NO 6: COST OF SERVICES AND PAYMENTS
The CITY shall pay the DEPARTMENT the costs for Services provided by the
DEPARTMENT under this Agreement as set forth in the currently adopted fee resolution.
The CITY shall collect and retain a$35 processing fee in addition to the fees listed in the
currently adopted fee resolution. Fees collected on behalf of the Department shall be
forwarded by the CITY on a quarterly basis to the Department. Either party may dispute
any claimed moneys owed. In the event the PARTIES cannot mutually resolve any
dispute over moneys owed within thirty (30) calendar days from the time a written claim is
made, unless otherwise agreed by the PARTIES, the matter shall be resolved pursuant to
the Dispute Resolution provisions set forth in Section No. 16. The selection of arbitrators
as provided for in Section No._16 shall commence within thirty (30) calendar days of the
running of the thirty (30) calendar day time frame.
The PARTIES recognize that it is not always possible for either Party to discover errors in ,
payment. The PARTIES further recognize that there must be some finality to addressing
such errors. Accordingly, the PARTIES agree that both PARTIES are foreclosed from
challenging any errors in payment if the matter is not drawn in writing to the other
PARTY'S attention within thirty (30) calendar days of the last invoice of the calendar year.
Errors raised within this time frame that are not mutually resofved shall be subject to the
Dispute Resolution provisions set forth in Section No. 16.
SECTION NO. 7: RELATED RESPONSIBILITIES IN CONJUNCTION WITH
PROVIDING SERVICES
The DEPARTMENT or designees agree to attend staff or council meetings as requested
by the CITY Manager.
The DEPARTMENT or designees agree to meet upon request by the CITY Manager or
hislher designee to discuss any Service provided under the terms of this Agreement.
SECTION NO. 8: NOTICE
All notices or other communications given hereunder shall be deemed given on: (1) the
day such notices or other communications are received when sent by personal delivery;
or (ii) the third day following the day on which the same have been mailed by first class
,
Interlocal Agreement for Fire Ssnices, Fire Departrnent #1 Page 5 0f I 1
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~ delivery, postage prepaid addressed to the DEPARTMENT or the CIIY at the address set
forth below for such Party, or at such other address as either Party shall from time-to-time
designate by notice in writing to the other Party:
DEPARTIUIENT: Spokane Valley Fire Department
10319 E. Sprague Ave.
Spokane WA 99206
CITY: C'rty of Spokane Valley City Manager
or his/her authorized representative
11707 East Sprague Avenue, Suite 106
Spokane Valley, Washington 99206
SECTION NO. 9: ASSIGPIMENT
No Party may assign in whole or part its interest in this Agreement w'rthout the written
approval of the other PARTY.
SECTION NO. 10: DEPARTMENT EMPLOYEES
The DEPARTMENT shall appoint, hire, assign, retain and discipline afl employees
performing Services under this Agreement according to applicable collective bargaining
~ agreements and applicable state and federal laws.
SECTIOiV NO. 11: LIABILITY
A. The DEPARTMENT shall indemnify and hold harmless the CITY and its
officers, agents, and employees, from any and all claims, actions, suits, liability, loss,
costs, expenses, and damages of any nature whatsoever, by any reason of or arising out
of any negligent act or omission of the DEPARTMENT, its officers, agents and
employees, relating to or arising out of performing Services pursuant to this Agreement.
In the event that any suit based upon such claim, action, loss, or damages is brought
against the CITY, the DEPARTMENT shall defend the same at its sole cost and expense;
provided that the CITY reserves the right to participate in said suit if any principle of
govemmental or public lavw is involved; and if final judgment in said suit be rendered
against the CITY, and its officers, agents, and employees, or jointly against the CITY and
the DEPARTMENT and their respective officers, agents, and employees, the
DEPARTMENT shall satisfy the same.
B. The CITY shall indemnify and hold harmless the DEPARTMENT and its
officers, agents, and employees, from any and all claims, actions, suits, liability, . loss,
costs, expenses, and damages of any nature whatsoever, by any reason of or arising out
of any negligent act or omission of the CITY, 'rts officers, agents and employees, relating
to or arising out of perForming Services pursuant to this Agreement. In the event that any
~ suit based upon such claim, action, loss, or damages is brought against the
Interlocal Agreement for Fire Senzces, Fire Depamnent #1 Page 6 of 11
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Version Dated: June 10, 2008 DEPARTMENT, the CITY shall defend the same at its sole cost and expense; provided
that the DEPARTMENT reserves the right to participate in said suit if any principle of
governmental or public law is involved; and if final judgment in said suit be rendered
against the DEPARTMENT, and its officers, agents, and employees, or jointly against the
DEPARTMENT and the CITY and their respective officers, agents, and employees, the
CITY shall satisfy the same.
C. If the comparative negligence of the Parties and their officers and
employees is a cause of such damage or injury, the liability, loss, cost, or expense shall
be shared between the Parties in proportion to their relative degree of negligence and
the right of indemnity shall apply to such proportion.
D. Where an officer or employee of a Party is acting under the direction and
control of the other Party, the Party directing and controlling the officer or employee in
the activity and/or omission giving rise to liability shall accept all liability for the other
Party's officer or employee's negligence.
E. Each Party's duty to indemnify shall survive the termination or expiration of
the Agreement.
F. The foregoing indemnity is specifically intended to constitute a waiver of
each Party's immunity under Washington's Industrial Insurance•Act, chapter 51 RCW,
. respecting the other party only, and only to the extent necessary to provide the
indemnified Party with a full and complete indemnity of claims made by the indemnitor's %
employees. The PARTIES acknowledge that these provisions were specifically ~
negotiated and agreed upon by them. G. The DEPARTMENT and the CITY agree to either self insure or purchase
policies of insurance covering the matters contained in this Agreement with coverage's of
not less than $3,000,000 per occurrence with $3,000,000 aggregate limits including
professional liability and auto liability coverage's.
SECTIOM NO. 12: RELATIONSHIP OF THE PARTIES
The PARTIES intend that an independent contractor relationship will be created by this
Agreement. The DEPARTMENT shall be an independent contractor and not the agent or
employee of the CITY, that the CITY is interested only in the results to be achieved and
that the right to control the particular manner, method and means in which the services
are performed is solely within the discretion of the DEPARTMENT. Any and all
employees who provide Services to the CITY under this Agreement shall be deemed
employees solely of the DEPARTMENT. The DEPARTMENT shall be solely responsible
for the conduct and actions of all employees under this Agreement and any liability that
may attach thereto. Likewise, no agent, employee, servant or representative of the CITY
shall be deemed to be an employee, agent, servant or representative of the ~
DEPARTMENT for any purpose. ;
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Interlocal Agreement for Fire Services, Fire Departnnent A 1 Page 7 of l 1
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It is understood that the Department shall from time to time upon identification of a life
safety violation of code or a parking violation impairing access to fire hydrants or routes
of ingress or egress to emergency scenes or restricted fire zones, need to immediately
issue citations for these violations. It is further understood that the Fire Department,
under the authority of the Spokane County Sheriff's Office may, if necessary, take such
actions under the sole authority of the Spokane County Sheriff's Office and or the
Department and pursuant to a separate agreement with the Spokane County Sheriffs
Office. Any costs or liability that may result from these actions shall be the
responsibility of either the Fire Department or Sheriff's Office respectively.
SECTION NO. 13: MODIFICATION
This Agreement may be modified in writing by mutual written agreement of the PARTIES.
Proposals for modification shall be submitted to the other party at least 60 days before
the end of the calendar year. .
SECTION NO. 14: PROPERTY AfVD EQUIPMEMT
The ownership of all property and equipment utilized in conjunction with providing the
Services shall remain with the original owner, unless otherwise specifically and mutually
agreed to by the PARTIES to this Agreement. For the purpose of this section, the
terminology "owner" means that Party which paid the full purchase price for the property
or equipment.
SECTION NO. 15: ALL WRITINGS CONTAINED HEREINJBINDING EFFECT
This Agreement contains terms and conditions agreed upon by the PARTIES. The
PARTIES agree that there are no other understandings, oral or otherwise, regarding the
subject matter of this Agreement. No changes or additions to this Agreement shall be
valid or binding upon the PARTIES unless such change or addition is in writing, executed
by the PARTIES.
This Agreement shall be binding upon the PARTIES hereto, their sucoessors and
assigns.
SECTION NO. 16: DISPUTE RESOLUTION
Any dispute between the PARTIES which cannot be resolved between the PARTIES
shall be subject to arbitration. Except as provided for to the contrary herein, such dispute
shall first be reduoed to writing and considered by the DEPARTMENT and the CITY
Manager. If the DEPARTMENT and the CITY Manager cannot resolve the dispute it will
be submitted to arb'rtration. The provisions of chapter 7.04 RCW shall be applicable to
any arbitration proceeding.
~ Interlocal Agreement for Fire Services, Fire Department #l Page 8 of 11
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The DEPARTMENT and the CITY shall have the right to designate one person each to
act as an arbitrator. The two selected arbitrators shall then jointly select a third arbitrator.
The decision of the arbitration panel shall be binding on the PARTIES and shall be
subject to judicial review as provided for in chapter 7.04 RCW.
The costs of the arbitration panel shall be equally split between the PARTIES.
SECTION NO. 17: VENUE STIPULATION
This Agreement has been and shall be construed as having been made and delivered
within the State of Washington and it is mutually understood and agreed by each party
that this Agreement shall be governed by the laws of the State of Washington both as
to interpretation and performance. Any action at law, suit in equity or judicial proceeding
for the enforcement of this Agreement, or any provision hereto, shall be instituted only in
courts of competent jurisdiction within Spokane County, Washington.
SECTION NO. 18: SEVERABILITY
The PARTIES agree that if any parts, terms or provisions of this Agreement are held by
the courts to be illegal, the validity of the remaining portions or provisions shall not be
affected and the rights and obligations of the PARTIES shall not be affected in regard to
the remainder of the Agreement. If it should appear that any part, term or provision of this
Agreement is in conflict with any statutory provision of the State of Washington, then the
part, terrn or provision thereof that may be in conflict shall be deemed inoperative and null
and void insofar as it may be in conflict therewith and this Agreement shal) be deerned to
modify to conform to such statutory provision.
SECTIOId NO. 19: RECORDS
All public records prepared, owned, used or retained by the DEPARTMENT in
conjunction with providing Services under the terms of this Agreement shall be deemed
CITY property and shall be made available to the CITY upon request by the CITY
Manager subject to the attorney client and attorney work product privileges set forth in
statute, court rule or case law. The DEPARTMENT will notify the CITY of any public ~
disclosure request under chapter 42.17 RCW for copies or viewing of such records as
well as the DEPARTMENT'S response thereto.
SECTION NO. 20: HEADINGS
The section headings appearing in this Agreement have been inserted solely for the
purpose of convenience and ready reference. In no way do they purport to, and shall
not be deemed to define, limit or extend the scope or intent of the sections to which
they pertain.
SECTION NO. 21: TIME OF ESSENCE OF AGREEMENT
Interlocal Agreement for Fire Services, Fire Department #1 Page 9 of 11
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0 Time is of the essence of this Agreement and in case either Party fails to perform the
obligations on its part to be perFormed at the time fixed for the performance of the
respective obligation by the terms of this Agreement, the other Party may, at its
election, hold the other Party liable for all costs and damages caused by such delay.
SECTION NO. 22: UNCONTROLLABLE CIRCUMSTANCEStIMPOSSIBILITY
A delay or interruption in or failure of performance of all or any part of this Agreement
resulting from Uncontrollable Circumstances shall be deemed not a default under this
Agreement. A delay or interruption in or failure of performance of all or any part of this Agreement
resulting from any change in or new law, order, rule or regulation of any nature which
renders providing of Services in accordance with the terms of this Agreement legally
impossible, and any other circumstances beyond the control of the DEPARTMENT
which render legally impossible the performance by the DEPARTMENT of its
obligations under this Agreement, shall be deemed not a default under this Agreement.
SECTIOfd NO. 23: FILIMG '
This Agreement shall be filed by the DEPARTMENT with such offices or agencies as
required by chapter 39.34 RCW.
SECTION NO. 24: EXECUTION AND APPROVAL
The PARTIES warrant that the officers executing below have been duly authorized to
act for and on behalf of the Party for purposes of confirming this Agreement.
SECTION NO. 25: INITIATIVES
The PARTIES recognize that revenue reducing initiative(s) passed by the voters of
Washington may substantially reduce local operating revenue for the CITY,
DEPARTMENT or both PARTIES, The PARTIES agree that 'rt is necessary to have
flexibility to reduce the contracted amount(s) in this Agreement in response to budget
constraints resulting from the passage of revenue reducing initiative(s). If such an event
occurs, the PARTIES agree to negotiate in good faith to achieve a mutually agreeable
resolution in a timefy fashion.
SECTION NO. 26: COMPLIANCE WITH LAWS -
The Parties shall observe all federal, state and local laws, ordinances and regulations, to
the extent that they may be applicable to the terms of this Agreement.
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J.nterlocal Ageemen# for Fire Services, Fi.re Department # 1 Page 10 of 11
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SECTION P10. 27: DISCLAIMER
Except as otherwise provided, this Agreement shall not be construed in any manner
that would limit either Party's authority or power under law.
IN WITIdESS WHEREOF, the PARTIES have caused this Agreement to be executed on
date and year opposite their respective signatures.
DATED:
SPOKANE VALLEY FIRE DEPARTMENT
ONE,
By, its
DATED: CITY OF SPOKANE VALLEY
ATTEST:
David Mercier, City Manager ;
Christine Bainbridge, City Clerk
APPROVED AS TO FORM ONLY:
Office of the City Attorney
Interlocal Agreement for Fire ServicES, Fire Department #1 Pagc 11 of 11
i
INT~R,LQCAL AGREEN~n7T BETV1'E~EN TH~ CITY O:~ I+~nER.A.L `'VAY A1~D
k'Fi)ERA.L `VAY FIFtE DEPARTAIIENT, RELATI~'YG T'O DEVETIOPMFNT REVIFW PROCFSS ANA THE EavF'ORCEMEnT pF THE LTNIFOR►'I FTRF
CODE.
THIS AGREEMENT is made ancl entered this datc by and bctwEen Federal tiVay Firz
Taeparlment, a political subdivision oCthe Slate of Washington (hereinaffEr rcferred to as
the "District") ancl the City of Federal Way, a non-charter op[ional municipal code city,
incorporated under the laws of the State of Washington (hereinafter referred to as the
WHEREAS, the City has adopteci land use regulations and a series of safety codcs having
to do rvith the building, maintenance, and use of structure and their occupaneies,
including the Uniform l3uilding C;ode (CJT3C) and the Uniform 1 ire Code (UFC), and
WI-IEREAS, the District has a fully functional Fire Prevention Divis.ion, sfaffeci wieh
traincd pcrsonnel. that regularly conducts firc codE safet), inspections and plan review in
an area that inctudes the Ciiy, anci
WI-IEREAS, the District has provided fire code safety i.nspections for tbe City since the
Cit}, was incorporated in 1990 through an Intcrlocal Agreemcnt entitled THE
INTE.RY,OCAY, AGREENIEN1" 8ETWEEN THE C1TY OF FEL7ERAT, WAY AND
K[NG COUiN1'Y FIR.E PROTECTION 17IS 1'RIC7" iNUMBER 39,12LLAT1iNCi TO
D.EVELO:PVLF.TzT REVIEW PR.OCESS AND ':CHF ETiFdRCEM13NT OF THE
LITTIFORM FIRE CODE ("1990 Interlocal"); and
ks; th . a .
1, 1996, entitled
,--T-RST A:,~ERNDMFNT TO-~E Ps1'FE PLOTAL -ACP~941ENT
~r•r-ur~~~.r TrE- GT-rv nr FrnEu n rWn v nND vP,r-
. - i . - N ~
vi Y 3 r r~rr~nn -
a rm ~ nn.~ « 99
nRnGEc 3'~C C'~ z 1 z z va~ r r~
~t~2~~t~i~12fi1E~8f3 "E} .
`VHEREA.S, the par.ies to the i.nterlocal agreements refere.nceci above vvish to terminate thatess agrecments in order to updatc various provisions as set forth in this Ageement,
NOW T!-rEREFORE, pursuant to the provisions of the Jnterlocal Coopexation Act -
Chapter 39.34 RCtiU, the City and the District agree as follotivs:
Tn considcration of fhe rriuttial terms,-a*d provisions and obli aiions contained hercin, it
is agreecl by and between the City and the laislrict as follows:
1.
~C:f4.~NT~7~'Iti4; 'S:tiii~;l!E~N ~f;►,-ecme».L ilied"r'.:I. 4Ta,3,; War~hii~~Lciii
=a~
1. The District Nvill a.ppoint a representative(s) to parl:icipate in the City's
development review process. 7lus will include such items as Site Plan Review
process; Com.mun.ity Development Review Committee, Pre-Construction
conferences, and code Enforcement. The City will advise the District in a timely
manner ofineetings that requi.re their attendance.
2. 1"he District Aill carry out tihe intent of the Uniform Fire Code (UFC) for the City
by canducting inspections, investigations, performing plan review, and
maintaining a Fire Preventian Taivision. All references to the UPC in this
document refer to the 1997 UFC as it now exists or as is hercafter amended.
InsPections of existing occupancies will he conducted as follaws:
a. Inspections are to be performed as per section 1033.1.1 and Section 105.4
of thE UFC as presently constituted or subsequcntly amended.
b. Inspections ui accordance ~N7th Section 103.1.1 anci 105.4 s11a11 be -
cUnducted at least one cime duruip- Every two-year period, eacept Group A
and H occupancies, which shall be inspected on an aiuiual basis. In all
cases the inspections are to be conducted in a regularly scheduled manner.
c. The Taistrict will serve written noticc of violations of the L1rC to the
~ properiy and/or business owncr as is appropriate. Re-inspection of failecl
inspections will be conducted not more than 30 calenclar days after the
initial inspectiou. The thirly-day lunit may be eacee.ded if so doing does
not endanger persons occupying or accessing the occupancy and the fire
inspector sets and documents in writing a date certain £or re-uispection. .
d. Tf compliance is not achicved afier the first re-inspcction, a second written
riotiec will be served.
e. If aA.fter a second re-inspection for violatiUn_--Hid-a non-compliar►ce still
exists; ttien the Fire Marshal shal.l c,onfer Arith the Building Official and
jointly prepare the enforcement aciion.
f. At the time of the first inspeetion, Fire 17epartment Inspectors Nvill
determine if avalid pcrmit is held by occupancies requiring a permit,
plirsuant to UFC Article 4. 1;C a valid perrnit is not held, the inspector will
take appropriate action to infon-n the occupant of the loca] requirements.
g. Noh.uiihstandi.nD the foregoing, bnmediate Enforcement and or other
. actions may be undertaken by Lhe City in lieu of warainas or reinspections
ifto do so is necessary to comply with applicable law or for other
circumstances as deternuned by the City. The District shall rcfrain fi-om
performing any of the scrvices specified in this paragraph upon request by
-the City. . • .
3. The Iaistrict will conduct Firz Investigations i.n conformance with the UFC and
' J other local, state or :Eederal regi-ilations. Fire investigators will advise the City's
2 .
. ~ .
Building Official of structure fires as soon as possiblE but no later than the
conclusion of the uutial investigation, and prior to any work being done by a
~ contractor to rcpair fire damage. All investigations involvin; the crimes af arson
or aiischievous burning are to be eonducted and the appropriate police agency
notified. This does noi preclude dny coordinatioii or cooper.ation of any other
appropria[e agency.
4. A copy o.f plans submitted to the City for builcluig construction and/or alteration
,Arill be subtnitteci to the llistrict for rcview. Generally, the District A711 be
responsible for cletermining: .
a. Fire hydravt locations.
b. Locations of Fire Dcpartment eonnec;tions.for stancipipes and sprinkler systems.
c. Key box locations anci appr.nvals.
I d. DeteitBi$e-ffire flow availability in areas ~,vfiere the Water/Sewer T)istrict
ctoes not havc sufficient information
• e. R.oad ac;cess to propert-y and buildings for fire fighting purposes, including
designating firc lancs.
f. Fire sprinkler and fire ala,riu inodifications.
5. The District Nvill reNiew plans for Elutomatic Fire Suppression Systems and Fire Alarrn andlor 17etection Systerns. Associated elecuical installations N«ll be
rEViewed and perrnitted separately by the City.
6. The District will assist the City as necessary, to perforni field inspections during
various stages of construction on new and renovated buildings.
7. 7lie 17istrict will be responsible for lAritncssing tests of Automatic Fire
SuPpression Systems and Fire Ala,rin and/or I7etection Systcros. Such tests are to
be performed by the installer.
8. The City anci the 17istrict will jointly conduct final inspections ofnew buildings.
9. For such assistance of enforcing the codes aud ordinasices as adopted by the City,
the City agrees to pay the District on a quartcrly basis as follows: •
a. For assistance wiih plan review and inspection of buildings classificd as
~ Group A, B, E, I'; I-I, I, M, R1, and S Occupancies as set forth in the UBC,
the Fire l7epartment Pla.n Check Fee collected pursuant to the Uniform .
Fire Code Fee Resolution as adopted by the City. i
b. For assistance with plan review ancl inspection of Automakic Fire ~
Suppressiou Systems and Fire Alarm andlor Detection Systems, the Fire
Department Plan Check Fee and the Fire 17epartment Permit Fee for such ~3
~
~
systems collected pursuant to the Uniform Fire Code Fee Resolution as
~ adopted by the City..
10. The District will review applications and perforiu field inspections of public fire«orks displays to ensure compliance of applicable State and City laws.
11. The Chief of the T)istrict or the Chief s designee, and the City Manager or theManager's designee shall admini"ster this agreement.
I 12. La)_The City is contractuig with the District to obtaui the cxpertise, which the
District acknowledges, and warrA.nts its pcrsonnel possess. The employees of the
L7istrict performing ser-,rices under this Agreement shall, under no circtunstances,
bc consfirued as beuig euiployEes of the City. The District, with respect to the -
services provided by the District pursuant to this AgrcEment, hereby agrees to
indemnify, defend and hold the City harmless from any ancl all claims for
personal injury, property damage or other claims of any nature whatsoever arisiug
out of the acts, omissiAns, or perfonnancc of any of the District's personnel in
carrying out senlices ec7ntracted to bc provided under tbis Agreement. Said
agreement of indemnification shall include iudemnification by the District of the
, City for any claims for injuries made by the 17istrict's agents or employees agaiust
the City, not wiihstanding any uYUntulities that might okherwise have been
available to the District by virtue of the Worl:man's Compensation Act; Title 51 ~ RCW. .
, (b) 7 he City, with rzspect to this Agreement. ]ierebv aErees to indemnia% defend
and hold the District harnless from any anci all clauns for personal iniury,
propertv damage or other claims of anv nature vvhatsoever arisinp, out of the acts
omissions, or perf.ormance of any of the District's personncl in carnjn& out
service.s contracted to be qrovided under this AgreemEnt.-
13. The 1990 Interlocal ^r~''-~- Q~~9-9u-::~~ec-a;-Ai:aeadmei, as identified in the
reeitals of this Agrcement, areis hereby terminated as of the date of tlus
Agreement.
14. Either party may terminate this Agreement upon six"ry (60) ciays written notice
. unless a shorter period is mutually agreed upon the by the parties. Faragraph ] 2
of this Agreement shall survive termination.
. 15. Aiiv notices required to be given by the Ciiy or bv the District sha11 be clelivered to:the Parties at the addresses set forth below. CitY: District: Cit}, Manager .Lnterim Adininistrator Citv a..f Federal Wav Fetieral Wav Fire Department
~ 33530 15° GVav S. 31617 ls' Avenue S.
4
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P. 0. J3oY 9718 Federal Way WA 9$003 Federal Wav. WA 98063-9718
16. Fil.i.na of .Ao-reement. This Agreement shall be filed with the City Clerk of the
eacli .municipalitv ancf the Kina Coujitv Auditor as reauired bv law.
The foregoi_no iteiiis are not intencierl tc~ be all-inclusive, birt to demonstratc intent of a
caoperation needed to comply with the codes ancl goals of thE City and the District.
INT Wl'INESS THFRFOF, the parties have eaecuted this Agreement.
CTTY: DISTRtCT:
I7avid H. Moseley, City Manager (Name)
L7ate: Daie:
K:1la~vdentlFW Fire Dept Dev Revicw
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0 CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: July 1, 2008 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information (D admin. Report ❑ pending legislation
AGENDA ITEM TITLE : Potential Code Amendment for Single Family Lighting Standards
GOVERNING LEGISLATION: SVMC 17.80.150
PREVIOUS COUNCIL ACTION TAKEN: None
BACKGROUND: Steve Trabun spoke to the City Council about amending the code to add
regulations governing the light intensity in single family neighborhoods. His letter dated June 10,
2008 is attached requesting the change.
The Spokane Valley Municipal Code (SVMC) provides a process for requesting code
amendments under Section 17.80.150. Any citizen, property owner or city staff, planning
~ commission or city council can request a change at any time. Since the adoption of the SVIUIC
was adopted in October 2007, code amendments have been handled in three different ways.
1) If the request is from a citizen or business owner and is acc4mpanied by the application
fee, the request is processed for the next available Planning Commission Meeting. The
city has processed two of these private requests since the new development regulations
were adopted last October.
2) City staff have also accumulated a list of amendments that have been recognized as
problems and are wvorking on them as "batch code amendmentsn. In order to be added
to the list, staff have identified problems that they think are unintended omissions,
clarifying language or problems that have negatively impacted a number of applicants.
Currently, the staff are working on a nurnber of these items and hope to have them to
the Planning Commission by the end of the summer. A list of amendments currently
being worked on and those on a"waiting list° is also attached.
3) The third way a code amendment has been added to our work program is by council
direction. An example is the airport overlay zone and replacement of single-wide mobile
homes, both of which the council directed staff to take to the planning commission this
year. This project has 'also been assigned and will go the Planning Commission in early
fall.
OPTIONS:
1. Add to the batch code amendments that the staff are working on for this year.
2. Add to the next batch code amendments that the staff will work on into 2009.
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3. Deny this amendment to be processed as a city amendment which still gives the
opportunity to apply as a private amendment.
RECOMMENDED ACTION OR MOTION: that this amendment be processed in the batch of
code amendments that will be processed in 2009. This amendment may ultimately serve a
number of citizens, however, it does not rise to the urgency seen in sorne of the other code
amendments like the survey requirements for plats, zero lot line development and duplex lots.
Since amendments have already been assigned to staff, this amendment should be delayed
until the next batch are worked on. This arnendment could still be processed as a private
amendment, should Mr. Trabun want it processed faster.
BUDGETIFINANCIAL IMPACTS: Staff time only
STAFF CONTACT: Kathy NicClung, Community Development Director
ATTAC H M ENTS: Letter dated 6/10/08 from Steve Trabun
List of code amendments on staff "batch listp.
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Batch Code Amendments
as of 6/25/08
1. 19.40.120 Manufacturcd housing- remove pitcheci roof requirement to be
consistcnt with state law. Review requirements for replacing exisEing
manufactured homcs that do not meet "new" definition.
2. 7..,ero lot line development
3. Tauplex minimum lot siie
4. Add continuum care as pernlicte.d in Garden Office Zone
5. Loading requirements. Reyuired tcuck pazking has flaws.
6. Subdivision Code- All the survey requiremcnts arc bcing reviewecl by the city's
survey consultant who will recommend changes. Remove the requirement that
outsicle agencies and Hearing Exanliner musl sign the plat documents.
7. Clarify approval criteria for rezones.
Home oceupations Does not state a permit is required, criteria is not clear,
especially "exceeding traFiic; and solid waste associated ~Nrith a typical residcntial
unit". Need a separate sectinn for in home cluld and adult daycare, owner
occupied.
9. Hcight of smichires and roof smichires- nccd to add somc eaceptions like
canopies over drivE-through facilities.
10. 1.9.40 chart- minimum site dimensions are SO X 80 but nuniulum lot size is 3600.
~ On waiting list
1. Fee i.n Lieu neecis to be explained better, how calculated, etc.
2. 19.140 Admuustrative exceptions needs to be tightcncd up.
3. Landscaping -how point system worlcs for pha.sed de<<elppment.
4. Clarify tl1al wall signs neecl lb be shown on sign pei-mit applicatioii.
Qther Code Amendment being workecl on:
l . Airport overlay zone
2. Clarification of accessory dw-elling uiut language.
Steven Trabun
191$ S. Slanley Lane Spokane Valley, WA 99212
June 1.0, 2008
Mayor Munsnn and City Council Members,
The purpose oF this letter is to request an amendinent to the City of Spokane Valley
Uniform Aevelopmeut Code (UDC), Title 22.60 Outdoor Lighting Standards.
Specifically, Ian requesting chat City Council direct City slaff to amend the orclinance
language ta include one (1) and two (2) family dwell.ings. The follotving languagc
chauge to Section 22.60.020 Application will accomplish this request.
Ctirrent Ordinance Lan uage Pro osed Qrdinance Lan ua e
The requircments of this chapter and the The requirements of this chapter and the
Wasliington Enerby Code OVAG Sl.l l.) Washinuton Energy Code (WAC 51.11)
apply to outdoor ligliting requirements for apply to outdaor li hting re uirements for
all clevclopments exccpt one (1) and nwo all develo menLs Ln~ t
(2) family dwellings and public: sCreet ~~n~: (~Ij r.i► . r''.~+'1:i~ii~~ I 177 N~
li hlin . ublic street li htin . \1
As you may recall, I made public conuuent ciurinc, the May 13, 2008 City Couneil
meecing. 1 am the• neighUor of an adjacent property owner who has rccently intitalled a
15' - 20' tall 1000 watt metal halicle'conunercial grade flood area light (RUUD Lighting)
to illuminate a sport court. Nly family and I are now experiencing signit7cant light
trespass that is interfering with die quiet enjoyment of our property (see attaclled letter
and phocos).
C>n Friday, June 6, 2008 T received a written response to my citizen action reque'sts. from
Kathy McClung, Camtnunity Development Director. In the City's response, T. was
notified that a cicizen can pursue a code amendrnent. During a subsequent telephone
conversatian witli Kathy McClung on June 9, 2008 I was informed that a citizen initiated
codc amendment requires a$700 aPplication fee. As an alternative, Kathy also told me
ehat the City Council can direct staff to make a code amendment, thus the purpose of this .
written requcst.
When T asked the question as to why the ordinance cxcludes one and two-family
dwellings I was told'lhat the prior Community Development llirector wrotc the
ordinance, and there is no explanation as to why the exclusion exists. ,
0 TZegional and natinnal altenlion is now on "dark skies", with aci emphasis on preserving
and promoting beauti_£ul nightrime skies and the rcduction of light pollution. I ucge the
City Council to d'uect Citystaff to ainend Tide 22.60 Outdoor Lighting Standards
language to include one- and two- family dwellings. Citizens of the City of Spokane
Vallcy deseive to be protected Fram lighting applications that trespass their property and
intcrfEre with the quiet enjoyment of their property.
Thank you very much for your consideration.
Mn bmitted,
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Steven Trabun . '
1918 S. Stanley Lane Spokaue Valley, WA 99212
May 13, 2008
iVlayor Ivlunspn and City Council Members,
I am writing lo request a review and amendmenc to the City of Spokane Valley Uniform
DeveloPment Code (UDC), Titlc 22.60 Qutdoor Lightiug Stanclards. As a citizen of lhe
City of SpQkane Valley, and being the neighbor of zn adjacenl property owner whe has
recently installed a 15' - 20' tall 1000 wate metal halide commercial grade flood area
light (RUUD Lighting) to illuminate a sport eourt, iny fatnily ancl I are now experiencing
signiticant light crespass that is interferinb with the quiet enjoyment of our property (see
aCtached photos). •
After submitting a Citizen Action Rcquest Form on F1pri1 11, 2008, I was informed by Che
Ciry's code compliancE department dlat the light is nat in violation of iJDC Titlc 22.60.
Although the purpose of the oulcloor lighting standarcls regulation "discourages exeessive
libhting of outdoor spaces, cncourages energy conservation and prohibits ligheing
creat,ing a nuisance for adjaccnt property owncrs", the requirements of the code "apply to ,
outdoor lighting requirements for all clevelopments except nne- and nvo-fRnuly dwellings
and public sCreet lightuig". We liappen to live in a residential housing dcvelopment
containing farty single-family dwellings.
As an alternaCivc, I submiceed a suUsequent Citizen Action Request fonn on May 8, 200$,
citing a vialacion of'T'itle 7.05 Nuisance.s, and requestcd that the Ciey of Spokane Valley
cake action to micigate dus light trespass, wluch is interFering in the quiet enjoyrnent of
our property. We 1re currently awaiting a determinaCion froni the City of Spokane Valley
Communiry Development Director.
I urge you to anend Title 22.60 Outdoor Lighting Standards languabc to include one- and
two- family dwellings so that the citizens of the Ci .ty of Spokane Valley will be protected
from lightinp applications that tre,spass their Uroperty and interfere tvith the quiet
enjoyment of their property. .
Thank you for your consideraCion. •
Rcspectfully submitted,
Stcven Trabun
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Photo of RWD Lighting 1.000 watt, metal haiidc;, vettical focwrard thruw fload light
Photo taken from our backyard lookiag across property line to backyard of 1922 S.
Stantey I.ane
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Photo showing property line between 1922 S. Stanley Lane and 1918 S. Stanley Lane.
Photo showti the Flacement of 1,000 watt, met:il halide vertical forward throw flood light,
fUCing our rmrrrty
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Photo tal:en at dusk from our deck looking in iiircction of illununatecl 1,000 watt, metal
halide vertical forward throw flaod light. With mounting height of 15' - 20', the light
clearly trespasses onto our propcrty, as dcpicted by [ight on deck. This photo was taken
from a dist:►nce in excess of 100' from the light.
Si
l~;ane
W.1ey
11707 E Sprague Ave Suite 106 ♦ Spokane VaUey WA 99206
r"? W i iCY'fi d Fie• -p% 921 1!'Kx8 4
lune 4, 240!,
S tevcn Trah , :
1918 S. StFnie~ 1.._:
Spokanc Valley, w. t>>~~.:
RE: Citizens Acteon Request `Ihar Mr. Trahi!
The City rcceiN _ ~ : , . _ . _ _ _
property, on May 8, 2008. Chris Berg, Code Compliance Offic _
F3uilding Official and I met May 13, 2008 to discuss your compiain Chris Berg is accurate that Section 22.60.020 of the Spokane
(,SVMC) Outdcior Lighting Standsrds is not applicable to sing,le famil . .
duplcxcs.
"77w requirements of this chapter and the Washi»gton E11,1~;►
(C.'hupter 51-11 W4C) crpplt, tn nutdnor lrrhtinp requrrPmenLc {nr .
developn:ents ex,. . . lighnng.
SUbtieqU~.'nt to y~ur coI]\~1.~:iliUFi \1iL11 L.illLi ~'r~l~',. ~l!U ~IllllliJlt::!1 lUi-LIi .ililllfl
Requesl based Qn Section 7.05 of the SVMC, stating thai the neighbor's light is a
nuisance and intcrferes with the quiet enjoymoat of your property. Taken at fRCe value, 1
nm surc that this is true, ba.5e;d on the pictures yrni heve s; ; ,'6!;~! 1I,.. c,f SVMC cunnoi bc m,ad in isalntion of the t• - ~ ~ 'I'he Purpose and inte6t of Section 7.05.010 i1
"The purpuse mut intent af this chapr,r f.s rf-I k r< <<,,:ti /,;,r;I ;,E riu (r rmd hFalthy envirnnmerrt far the citizens vj the City by iderrtifying ur
rerfucing the condiNons 11rat rontrrbure to it~ury, illness, devalcratioir
property, and the incidence of crime through the esistence of nuisun,
condilions on public mrd privale properry.
"Nuisance" is de5ned in the SVMC Section 7.05.020 and further itemized in Section
7.05.040 Nuisanccs prohibited Outdoor lighting is not in the itcmiTed section.
"Nuisance" means the unreasonahle or rmlawful uce by aper.son, ajrea!
or personal property, vr the unreasonable, irrdecent or unlaxful personal
cnnduct which materially interferes wi1h nr jevpardizes the heulth, safety,
prosperity, quiet enjoyment of property nr weljvre of otJiers, oends
cnmmon decency or public moralin; nr obstrucls or inlerjeres wi►h the
.Iree cr.ce rfpublrc: werys, plUCes or hodies oj w(llE.'r.
Mr. Steve Trabun
Ughting Complaint
' June 4, 2008
Pagc 2
The City does uot feel there is sufficient basis to puzsue a public nuisancc action.
You can appeal the i,nterpretation of SVIVIC 22.60.020 to the Heari.ng Eaaminer under
Section 17.90.040 of the SVMC. You may also apply for a code amendment to add
resideniial lighting stanclards tio the SVMC Section 19.30.040. However, even if the Code
was changed at tlus time, your neighbor's light may be legally non-conformi.ng
(gmndfathered) and restrictions on that particular light may hdve to occur after a
reasonable period of time. You do have the opti4n to tile a private nuisance action if you
fEel that is appropriate.
I have attached a code amendmenl appl.icatian if you decide to pursue that route.
Sincerely,
MCC!eU-+Katll ~ McClun v
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Community llevelopment Director
Ciry of Spokane Valley
Office (509) 68$-0030
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CC: N1K Martin,l3tulding Official
Chris Berg, Code Compliance Officer
Address file
K.MIdg .
0 CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: July 1, 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: Barker Road Bridge Artwork
GOVERNING LEGISLATION: N/A
PREVIOUS COUNCIL ACTION TAKEN: 1) Approval of 2007-2012 Six Year Transportation
Improvement Plan, which includes the Barker Road Bridge project, 2) Approval of a Local
Agency Agreement and Project Prospectus with WSDOT, 3) Approval of Consultant Senrices
Agreements for Type, Size and Location Study, and Final Design contract with CH2M HILL, 4)
Informational Memo dated July 31, 2006 regarding recommended bridge closure w/ detour
route. 5) Review of proposal for aesthetic treatments by local artist Sammy Perry during the
public comment period on May 22, 2007; 6) November 7, 2007, Approval to proceed with bridge
artwork as a separate bid schedule; 7) June 3, 2008, Award of Barker Road Bridge Construction
Contract to Morgan & Oswood Construction Co., Inc.
~ BACKGROUND: At the November 7, 2007 Council meeting staff presented two concepts for
adding aesthetic treatments (artwork) to the Barlcer Road Bridge Project. Council selected
conceptual artwork prepared by local artist Sami Perry and approved up to $74,000 in city funds
to add art on the bridge during construction.
Staff coordinated with CH2M HILL and Sami Perry on the development of the artwork plans that
were included in the bid package. See attached copies of artwork plan sheets.
The cost for CH2M HILL's work and Ms. Perry's commission amounted to approximately
$24,000, leaving approximately $50,000 for construction of the artwork by the contractor.
CH2M HILL separated the artwork into three categories to allow flexibility on the award of the
artwork depending on how the bids came in. The table below summarizes CH2M HILL's
estimate and the bid received from Morgan & Oswood.
Engineers Estimate Morgan & Oswood Bid
Schedule C- Units Quantity Unit Extended Unit Extended
Descriptions Price Total Price Total
C1 - Bridge Traffic Each 20 $820 $16,400 $1,400 $28,000
Barrier Artwork
C2 - Retaining Wall and
Pier 1 Fascia Wall LS 1 $13,120 $13,120 $55,000 $55,000
Artwork
~ C3 - Pier Cap Artwork LS 1 $20,500 $20,500 $62,000 $62,000
Totals $50,020 T $145,000
OPTIONS: 1) Keep the bid award as approved by Council on June 3, 2008 which includes all
artwork described above (paid for with City funds); 2) authorize a contract change order deleting -
a portion of the artwork; 3) authorize a contract change order deleting all of the art,vork; 4)
provide additional direction to staff.
RECOMMENDED ACTION OR MOTION: Discussion
BUDGETIFINANCIAL IMPACTS: Staff presented the attached project budget summary and
Six Year Capital Improvement Program Funding at the June 3 meeting. If Council desires to
include artwork on the bridge, the "Additional City Funds Required for Project" will increase
accordingly and the amount of available funds for future projects will decrease accordingly.
STAFF CONTACT: Steve M. Worley, Senior Capital Projects Engineer •
Neil Kersten, Public Works Director
ATTACHMENTS: 1) Barker Road Bridge Project Budget Summary, 2) Six Year Capital
Improvement Program Funding Summary, 3) Barker Road Bridge Artwork Plans
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Barker Road Bridge Costs by Phase
Preliminary Engineering $ 937,050
Right-of-Way $ 8,070
Construction $ 10,306,033 *
Total $ 11,251,153
Federal Bridge Funds available $ 9,985,000
Shortfall $ 1,266,153
City Funds Programmed in 2008 TIP $ 500,000
Additional Ci Funds Re uired for Pro'ect $ 766,153
*Includes Schedule A and C construction costs, contingencies,
staff time and CH21'VI HILL estimated construction management
~ services. Schedule B work is reimbursed by utilities and is not
included here. Additives C1, C2 and C3 are not included in this
summary.
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City of Spokane Valley -`Capital Improvement Program Funding
Problem Statement #3
June 1, 2008 DRAFT
Year 2008 2009 2010 2011 2012 2013 2014
RESOURCES:
BEG. BAL $ 11,000,000 $ 6,469,960 $ 3,320,964 $ 1,702,960 $ 1,163,960 $ 955,960 $ 748,960
CAP PROJEC'fS REET 1 $ 1,000,000 $ 1,000,000 S 1,000,000 $ 1,000,000 S 1,000,000 $ 1,000,000 $ 1,000,000
SPEC. CAP PROJECTS REET 2 $ 1,400,000 $ 1,000,000 $ 1,000,000 s 1,000,000 $ 1,000,000 $ 1,000,000 $ 1,000,000
PARKS CAP. IMPRV. FUND $ - $ - $ - $ - $ - $ -
INVESTMENT EARNINGS $ 150,000 $ 100,000 $ 40,000 $ - $ - $ -
CDBG FROM COUN7Y $ 230,000 $ 300,000 S 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000
SPOKANE COUNTY $ 1,660,000 $ - $ - $ - $ - $ -
STATE - UNIV. PARK S 800,000 $ - $ - $ - $ - $ -
PARKS GRANT $ - S 200,000 $ - $ 50,000 $ - $ -
STORM WATER DRAINAGE $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 500,000 S 500,000 $ 500,000
COUNN STEP PROJ.-STORM DRN S 200,000 $ 200,000 $ 200,000 S 200,000 $ - $ - $ -
GEN. FUND $ 74,000 5 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000
TOTAL RESOURCES $ 16,350,000 S 9,589,960 $ 6,180,960 $ 4,572,960 $ 3,983,960 $ 3,775,960 $ 3,568,960
EXPENDITURES:
PARKS $ 3,260,600 $ 800,000 $ 580,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000
UPJNERSAL PARK $ 800,000 $ 200,000
DEBT SERVICE PYMTS $ 185,000 $ 187,000 $ 184,000 $ 185,000 S 186,000 $ 186,000 s 190,000
ADA, City Cent, Art projects $ 424,000 $ 200,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000
$ - S - $ - $ - $ - $ -
2009-13 secured project TIP $ 4,911,040 $ 3,815,000 5 3,364,000 $ 2,774,000 S 2,392,000 $ 2,391,000 $ 2,391,000
STORM DRAIN IMPROVEMENTS $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 S 300,000 S 300,000
BARKER BRIDGE ADDT'L FUNDING S - $ 767,000 $ - $ - $ - $ -
TOTAL EXPENDITURES $ 9,880,040 $ 6,269,000 $ 4,478,000 $ 3,409,000 $ 3,028,000 $ 3,027,000 $ 3,031,000
CARRYOVER TO NEXT YEAR $ 6,469,960 $ 3,320,960 $ 1,702,960 $ 1,163,960 $ 955,960 $ 748,960 $ 537,960
Pavement Nigmt. Program 5 (4,435,000) $ (4,435,000) $ (4,435,000) $ (4,435,000) $ (4,435,000) $ (4,435,000) $ (4,435,000)
Uniunded planned TIP proJects $ - $ (3,662,000) $ (3,927,000) S (1,759,000) $ (2,221,000) $ (2,329,000) $ (1,747,000)
P:SPubIEc lNorkslCapital ProjectslClP-TIP FundiiigtKen's Six Year CIP Fundingxls
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CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: July 1, 2008 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
(9 information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Appointment to the Spokane Regional Solid Waste System PerFormance
and Financial Audit Selection Committee
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND: An oversight committee comprised of elected officials has been formed for
the Spokane Regional Solid Waste System Performance and Financial Audit. That committee
is a sub-set of the Liaison Board with four members representing each of the various
jurisdictions: Spokane City, Spokane County, Spokane Valley and the Regional Cities.
Additionally, a Selection Committee will be formed comprised of staff members appointed by
each of the four jurisdictions, hopefully someone with knowledge of solid waste. A fifth member
will be an independent agreed upon by the other four. The Selection Committee will
recomrnend the most qualified firm to the Director of the Spokane Regional Solid Waste System
(see Part V, Section 5.1 in the RFQ). With Council's concurrence we will prepare an
administrative report for July 1, 2008 and a motion to approve on July 8, 2008.
OPTIONS: Appoint the Public Worlcs Director or other appropriate staff member to the
Selection Committee.
RECOMMENDED ACTION OR MOTION:
BUDGET/FINANCIAL IMPACTS:
STAFF CONTACT: Neil Kersten
ATTACHMENTS RFQ for Spokane Regional Solid Waste System PerFormance Audit
~ ~I
CITY OF SPOKANE -
PURCHASING
808 W. Spokane Falls Bivd.
Spokane, Washington 99201-3316
~ (509) 625-6400
FAX (509) 625-6413
~ l-
Mary Verner
MAYOR
REQUEST FOR QUALIFICATIONS AND
PROPOSALS
CITY OF SPOKANE, WASHINGTON
RFQ/P NUMBER: 3497-08
DESCRIPTION: SPOKANE REGIONAL SOLID WASTE SYSTEM
PERFORMANCE AND FINANCIAL AUDIT
~ DUE DATE: MONDAY, JULY 21, 2008
NO LATER THAN 1:00 P.M.
Purchasing Dept.
4T" Floor - City Hall
808 W. Spokane Falls Blvd.
Spokane WA 99201-3316
Purchasing Department
~
~
TABLE OF CONTENTS
I. Introduction 1
1.1 Pur ose
p .....................................................................................................................1
1.2 Background 1
1.3 Definitions ..................................................................................................................2
1.4 Contracting with Current or Former Employees .........................................................2
II.Scope of Services ..................................................................................................................................3
2.1 Overview of the Work ................................................................................................3
III. General Information ..........................................................................................................................4
3.1 RFQ1P Coordinator ....................................................................................................4
3.2 Estimated Schedule of Procurement Activities ...........................................................5
3.3 Submission of Proposals .....................5
3.4 Proprietary Information/Public Disclosure ..................................................................6
3.5 Revisions to the RFQ/P .............................................................................................6
3.6 Minority & Wornen-Owned Business Participation .....................................................6
3.7 Acceptance Period ......................................................................--.--.........................6
3.8 Responsiveness ...................................................:....................................................6
3.9 Most Favorable Terms ...............................................................................................7
3.10 Cost to Propose .........................................................................................................7
3.11 No Obligation to Contract ...........................................................................................7
3.12 Rejection of Proposals ...............................................................................................7
IV. Proposal 8 Content ...........................................................................................................................7
4.1 Preparation of Proposal .............................................................................................7
4.2 Letter of Submittal
.....................................................................................................7 ,
V. Proposal Evaluation ..........................................................................................................................8
5.1 Evaluation Procedure ................................................................................................8
5.2 Selection Committee ..................................................................................................8
5.3 Proposal Evaluation ...................................................................................................8
5.4 Oral Presentations rnay be required ..........................................................................9
5.5 Award of Contract ......................................................................................................9
5.6 Debriefing of Unsuccessful Proposers .......................................................................9
5.7 Protest Procedure ....................................................................................................10
VI. Contract Terms 8 Requirements ...................................................................................................10
6.1 Contract Term ..........................................................................................................10
_ 6.2 City of Spokane Business License ...............................................................•--.........10
6.3 Anti-Kickback ...........................................................................................................10
6.4 Disputes ..................................................................................................................10
6.5 Nondiscrimination ..................10
6.6 Liability 11
6.7 Insurance .................................................................................................................11
6.8 Termination Clause ..................................................................................................12
~
/
~ REQUEST FOR QUALIFICATIONS
FOR A PERFORMANCE AND FINANCIAL AUDIT
SPOKANE REGIONAL SOLID WASTE SYSTEM
PART I. INTRODUCTION
1.1 PURPOSE
The Spokane Regional Solid Waste System (System), a department of the City
of Spokane, is seeking the seniices of a quali#ied firm to conduct a performance
and financial audit on the System. The overall goal of this performance and
financial audit is to identify opportunities that will improve the System's efficiency
and effectiveness as well as its accountability to the City of Spokane, Spokane
County, and the Regional Cities.
1.2 BACKGROUND
The City of Spokane manages two separate departments (and affiliated
enterprise funds) dealing with the management of municipal solid waste. The
Solid Waste Management Department (Solid Waste Management) is responsible
~ for the collection of solid waste generated within the City of Spokane. The
Spokane Regional Solid Waste System (System) was created in 1988 through an
interlocal agreement between the City of Spokane and Spokane County to
provide for solid waste disposal services for waste collected within the City of
Spokane and the unincorporated areas of the County. Subsequently, all the
regional cities within Spokane County and Fairchild Air Force Base joined the
System,
Under the interlocal agreement between the City of Spokane and Spokane
Coun#y, the System is owned and managed by the City of Spokane. As provided
for in the interlocal agreement, there exists a policy Liaison Board comprised of
elected officials from the City of Spokane, Spokane County and the Regional
Cities to create a forum for discussion concerning the waste to energy facility.
Major decisions including tipping fee adjustments and expenditures over $1
million dollars require approval of both the Spokane City Council and Spokane
County.
The System operates as a department of the City of Spokane's government
under provisions of a City Ordinance. It is under the general direction of a
director, who is appointed by the Mayor. The director is responsible for System
operations. The City Council approves the System's budget, sets rates, approves
financing, and other items outlined in the City Municipal Code. The System has
8 full-time equivalent (FTE) employees.
The service area of the System (Service Area) encompasses the entire County.
The principal facilities of the System include an 800-ton-per-day, mass-burn
1
RFQ/P 3497-08
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waste-to-energy facility, the Northside Regional Landfill, two Solid Waste transfer stations, three recycling centers and household hazardous waste facilities, the --J
use of non-system landfills to dispose of by-pass waste and non-processible
waste, and the use of a private contractor for composting certain yard and
garden debris. The waste to energy facility is operated by a private contractor.
The Northside Regional Landfill, the transfer stations, recycling centers and
household hazardous waste facilities, as well as the scale systems and
residential tipping floor at the waste to energy facility, are operated by Solid
Waste Management on behalf of the System, These operations are funded
through interfund transfers from the System to Solid 1JVaste Nianagement. Solid
Waste Management has approximately 187 FTE employees, approximately 89 of
whom perform solid waste collection wortc, and 98 of whom perform worlc on
behalf of the System, operating System facilities.
The County Flow Control Ordinance (85-0395, as amended) requires that the
solid waste generated within the unincorporated county be delivered to the
System facilities for disposal. Individual interlocal agreements with all
incorporated municipalities and Fairchild Air Force Base require solid waste they
generate also be delivered to System facilities for disposal.
1.3 DEFINITIONS
Definitions are for the purpose of this RFQ/P include:
System - The System is the Spokane Regional Solid Waste System, a
department of the City of Spokane, a Washington State municipal corporation ;
that is issuing this RFQ/P.
Consultant - Individual or company whose proposal has been accepted by the
City and is awarded a fully executed, written contract.
Proposal - A formal offer submitted in response to this solicitation.
Proposer - Individual or company submitting a Proposal in order to attain a
contract ovith the City.
Request for Qualifications and Proposals (RFQ/P) - Formal procurement
document in which a service or need is identified but no specific method to
achieve it has been chosen. The purpose of an RFQ/P is to permit the
consultant community to submit their qualifications and to suggest various
approaches to meet the need identified.
1.4 CONTRACTING WITH CURRENT OR FORMER CITY EMPLOYEES
Specific restrictions apply to contracting with current or former City officers and
employees pursuant to the Code of Ethics in Chapter 1.04 of the Spokane
Municipal Code. Proposers should familiarize themselves with the requirements
prior to submitting a proposal that includes current or former City officers or
employees.
RFQ/P 3497-08 2
7121l08
~ PART II. SCOPE OF SERVICES
2.1 OVERVIEW OF THE WORK
Scope of Work
The work performed in this audit will be done under an Oversight Committee
comprised of a subcommittee of the Regional Solid Waste Liaison Board
selected by the Chair and composed of one elected official each from the City of
Spokane, City of Spokane Valley, Spokane County, and other regional cities.
The Oversight Committee will define goals and objectives for the audit, and
review the draft audit report.
In addition, there will be a core Technical Work Group comprised of staff from the
System, City of Spokane, Spokane County, Spokane Valley, and other regional
cities that have expertise in the financial and operational aspects of the System.
The Technical Work Group will interface with the consultant throughout the audit
to provide information and detailed guidancs on the progress of the worfc.
The scope of work for this audit includes at least the foUowing:
1. Incorporating generally accepted accounting principles and following
Governmental Accounting Standards Board pronouncements, develop a
performance and financial audit work plan and review the plan with the project's
~ Oversight Committee and Technical Work Group before proceeding with the
audit.
2. Review the System's maintenance and operations and any other major
services and programs funded by the System.
3. Review the System's capital project planning and implementation.
4. Compare the System's performance to the goals and objectives established
by the Spokane County Comprehensive Solid Waste Management Plan.
Recommend program and staffing needs to reach any unmet goals and
objectives.
5. Review and assess the overall financial performance of the System's Waste-
to-Energy facility compared to similar facilities.
6a. Review and assess general budgeting and accounting practices and
procedures, and how budget forecasts relate to actual expenditures.
b. Review and assess how the City allocates and accounts for Citywide and
departmental costs between the City's non-System and System services and
programs. Develop recommendations on whether and how the City should
change those allocations.
~ 7. Review the rate setting and revenue sharing processes and methodologies
and determine if they are consistent with the Interlocal Cooperation Agreement
RFQ/P 3497-08 3
7/211Q8
and rate setting best practices. Develop recommendations on whether and how '
the City should change those processes and methodologies. ~
8. Conduct a benchmarking survey of at least three comparable jurisdictions to
compare the System's operations, staffing, and costs and make
recommendations of any industry best practices that can be applied to the
System's operations, including subsequent program efficiencies, savings, or
costs in meeting those best practices.
9. Review the flow of information and communication to and from the System,
stakeholders and the public. Develop recommendations on whether and how the
System could change procedures to better communicate and distribute
information.
10. Review and assess the overall regional program and administrative services
and performance provided by the System compared to similar solid waste
systems.
11. Based upon the audit findings, identify any clarifications or recommended
changes that should be made to the management of the System within the
parameters of the City and County Interlocal Cooperation Agreement. Make
recommendations of efficiencies, savings, or costs in implementing those
changes.
12. Prepare a draft report for review and provide thirty bound copies. ,
13. Make one presentation on the report to each of the following: Spokane
County, City of Spokane, Liaison Board and the Solid Waste Advisory Committee
(SWAC).
14. Revise the draft report based on review comments from Spokane County,
City of Spokane, Liaison Board, and SWAC, and provide thirty bound copies and
one electronic copy of the final report.
PART III. GENERAL INFORMATION
3.1 RFQIP COORDINATOR
The RFQ/P Coordinator is the sole point of contact in the City for this
procurement. All communication between the Consultant and the City upon
receipt of this RFQIP shall be with the RFQ/P Coordinator, as follows:
Name Russ Menke Director
Address S okane Re ional Solid Waste S stem
E-Mail Address rmenke@spokanecity.org
Any other communication will be considered unofficial and non-binding on the City.
Consultants are to rely on written statements issued by the RFQIP Coordinator.
Communication directed to parties other than the RFQ/P Coordinator may result in
disqualification of the Consultant. ` RFQJP 3497-08 4
7P21 JU6
3.2 ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES
Issue Request for Qualifications and Proposals Ma 19, 2008
Submission of written uestions regardin RFQ/P June 17, 2008
Pre-proposal Conference June 24, 2008
Pro osals due Jul 21, 2008
The City reserves the right to revise the above schedule.
3.3 SUBMISSION OF PROPOSALS
A. PREPARATION OF ENVELOPES
Place each copy of the Proposal in a separate sealed envelope. On the front
of each envelope clearly note if it contains the original or a copy and place the
following information:
"SEALED PROPOSAL - IMPORTANT"
RFQ1P - SPOKANE REGIONAL SOLID WASTE SYSTEM PERFORMANCE
AND FINANCIAL AUDIT
DUE 7/21/2008 - 1:00 P.M.
COMPANY NAIVIE
O B. SUBMISSION OF PROPOSAL
Submit Six (6) Proposal documents, as follows:
Original Proposal and Five (5) copies to: City of Spokane - Purchasing
Floor - City Hall
808 West Spokane Falls Blvd.
Spokane WA 99201
NOTE: Proposals will not be accepted by fax or email
C. DUE DATE
It is the responsibility of the Proposer to be sure the Proposals are sent
sufficiently ahead of time to be received no later than 1:00 PM local time on
MONDAY, JULY 21, 2008.
Proposers mailing Proposals should allow normal mail delivery time to ensure
timely receipt of their proposals. The City reserves the right to not consider
Proposals received late.
Sealed Proposals will be publicly acknowledged at 1:15 PM on the due date
in the City of Spokane City Hall Council Chambers, 808 West Spokane Falls
~ Blvd, Spokane WA 99201. _
RFQ/P 3497-08 5
7121lU8
3.4 PROPRIETARY INFORMATION/PUBUC DISCLOSURE 1
Materials submitted in response to this competitive procurement shall become the
property of the City.
All received Proposals shall remain confidential until the award of contract
recommendation has been filed with the City Clerk for City Council action.
Thereafter, the Proposals shall be deemed public records as defined in RCW
42.17.250 to 42.17.340, "Public Records."
Any inforrnation in the Proposal that the Consultant desires to claim as proprietary
and exempt from disclosure under the provisions of state law shall be clearly
designated. Each page claimed to be exempt from disclosure rnust be clearly
identified by the word "Confidential" printed on it. -Marking the entire Proposal
exempt from disclosure will not be honored.
The City will consider a Proposer's request for exemption from disclosure;
however, the City will make a decision predicated upon state law and regulations.
If any information is marked as proprietary in the Proposal, it will not be made
available until the affected Proposer has been given an opportunity to seek a court
injunction against the requested disclosure.
All requests for information should be directed to the RFQ1P Coordinator.
3.5 REVISIONS TO THE RFQ/P .
In the event it becomes necessary to revise any part of this RFQ/P, addenda will
be provided to all who receive the RFQ/P. For this purpose, pertinent information
shall be provided as an addendum to the RFQ1P.
The City also reserves the right to cancel or to reissue the RFQIP in whole or in
part, prior to the final award of a contract.
3.6 MINORITY 8 WOMEN-OWNED BUSINESS PARTICIPATION
The City encourages participation in all of its contracts by firms certified by the
Washington State Office of Minority and Women's Business Enterprises
(OMWBE). Proposers may contact OMWBE at 360/753-9693 to obtain information
on certified firms.
3.7 ACCEPTANCE PERIOD
Proposals must provide sixty (60) days for acceptance by the City from the due
date for receipt of Proposals. Acceptance period may be extended by mutual
consent.
3.8 RESPONSIVENESS
The Proposer is specifically notified that failure to c4mply with any part of the
RFQ/P may result in rejection of the Proposal as non-responsive.
RFQlP 3497-08 6
7/2'i /08
~ The City also reserves the right, however, at its sole discretion to waive minor
administrative irregularities.
3.9 MOST FAVORABLE TERMS
The City reserves the right to make an award without further discussion of the
Proposal submitted. Therefore, the Proposal should be submitted initially on the
most favorable terms which the Consultant can propose. The City reserves the
right to contact a Proposer for clarification of its Proposal.
3.10 COSTS TO PROPOSE
The City will not be liable for any costs incurred by the Proposer in preparation of a
Proposal submitted in response to this RFQ/P, in conduct of a presentation, or any
other activities related to responding to this RFQIP.
3.11 NO OBLIGATION TO CONTRACT
This RFQ/P does not obligate the City to contract for services specified herein.
3.12 REJECTION OF PROPOSALS
The City ressrves the right at its sole discretion to reject any and all Proposals
received without penaity and to not issue a contract as a result of this RFQ/P.
~
PART IV. PROPOSAL AND CONTENT
4.1 PREPARATION OF PROPOSAL
Proposals shall be in the following standardized format to facilitate evaluation of
their comparative merits. Proposals shall include the sections indicated below.
Proposals shall be typed.
Letter of Submittal
1) Project Approach
2) Project Team
3) Experience
4) Project Schedule
5) Project Cost
4.2 LETTER OF SUBMITTAL
The Letter of Submittal shall be signed and dated by a person authorized to legally
bind the Consultant to a contractual relationship; e.g., the president or executive
director if a corporation, the managing partner if a partnership, or the proprietor if a
sole proprietorship. Along with introductory remarlcs, the Letter of Submittal is to
include the following information about the Consultant and any proposed
~ subcontractors:
7
RFQlP 3497-08
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i
1. Name, address, principal place of business, telephone number, and fax \number/e-rnail address of legal entity or individual with whom contract
would be written.
2. Legal status of the Consultant (sole proprietorship, partnership,
corporation,etc.).
3. Location of the facility from which the Consultant would operate.
4. Identify any current or former City employees employed by or on the
firm's governing board as of the date of the proposal or during the
previous twelve (12) months.
5. Acknowledgement that the Consultant will comply with all terms and
conditions set forth in the Request for Proposals, unless otherwise agreed
by the City. PART V. PROPOSAL EVALUATION
5.1 EVALUATION PROCEDURE
Responsive Proposals will be evaluated in accordance with the stated in this
solicitation and any addenda issued: Evaluation of Proposals shall be
accomplished by a Selection Committee as described below.
The City, at its sole discretion, may elect to select the top-scoring firms as finalists ~--for an oral presentation.
The RFQ/P Coordinator may contact the Consultant for clarification of any portion
of the Consultant's proposal.
5.2 SELECTION COMMITTEE
The Selection Committee for this project will be comprised of five members, one
staff member each from the City of Spokane, Spokane County, Spokane Valley,
the other regivnal cities, and one member chosen by the other four members of the
selection committee. The committee rnembers will rank each completed proposal
based on the criteria outlined below. The Committee will recommend selection of
the most highly qualified firm to the Director of the Spokane Regional Solid Waste
System.
5.3 PROPOSAL EVALUATION
Submittals will be evaluated and ranked based on the following criteria:
a) Project Approach
a) Understanding of the scope of project
b) Description of approach to project
c) Ability to organize and accomplish project of this type
RFQlP 3497-48 8
7l21/U8
~ b) Project Team
a) Project team clearly identified and available for the project
b) Education and qualifications of the project team
c) Project team encompasses all necessary disciplines
and skills to perform project scope
d) Location of team members
c) Previous Experience
a) Experience with this type of project
b) Demonstrated record of keeping costs within budgets
d) Project Schedule
a) Detailed schedule that indicates all necessary task and c4mpletion
dates
b) Project team/availability can realistically meet schedule
e) Project Cost
a) Detailed estimate of hours of effort by task
b) Proposed billing rates for assigned individuals
c) Total project cost
5.4 ORAL PRESENTATIONS MAY BE REQUIRED
~ Written submittals and oral presentations, if considered necessary, will be utilized
in selecting the winning Proposal. The City, at its sole discretion, may elect to
select the top scoring finalists from the written evaluation for an oral presentation
and final determination of contract award. Should the City elect to hold oral
presentations, it will contact the top-scoring firm(s) to schedule a date, time and
location. Commitments made by the Consultant at the oral interview, if any, will be
considered binding.
5.5 AWARD OF CONTRACT
This RFQ/P does not obligate the City to award a contract.
The City of Spokane reserves the option to split or make the award of this contract
in any manner most advantageous for the City at its sole and exclusive discretion.
More than one (1) contract may be awarded.
Award of contract, when made, will be to the Proposer whose Proposal is the most
favorable to the City, taking into consideration negotiated price and RFQ/P
evaluation factors. The City Council shall make the award of contract.
Unsuccessful Proposers will not automatically be notified of Proposal results.
5.6 DEBRIEFING OF UNSUCCESSFUL PROPOSERS
Upon request, a debriefing conference will be scheduled with an unsuccessful
Proposer. Discussion will be limited to a critique of the requesting Consultant's
Proposal. Comparisons between Proposals or evaluations of the other Proposals
9
RFQlP 3497-08
7/211U8
will not be allowed. Debriefing conferences may be conducted in person or on the -telephone.
5.7 PROTEST PROCEDURE
Following evaluation, a recommendation for award shall be submitted to the City
Council. Award of contract, if made, shall be by the City Council in open meeting.
Proposers wishing to protest the award of the contract must make their protests
before the City Council at the award heanng. PART VI. CONTRACT TERMS AND REQUIREMENTS
6.1 CONTRACT TERM
The contract term is for a one-year period beginning upon Council approval,
estimated to begin August, 2008. Contract renewals or extensions, if any, shall be
at the sole discretion of the City. The c4ntract may be extended for two (2)
additional one-year contract periods, subject to mutual agreement, with the total
contract period not to exceed three (3) years.
6.2 CITY OF SPOKANE BUSINESS LICENSE
Persons / firms doing business in the City or with the City must have a valid City of
Spokane business license. Questions may be directed to the Taxes and Licenses
Division at (509) 625-6070.
6.3 ANTI-KICKBACK
No officer or employee of the City of Spokane, having the power or duty to perform an
official act or action related to this contract shall have or acquire any interest in the
contract, or have solicited, accepted or granted a present or future gift, favor, service
or other thing of value from or to any person involved in the contract.
6.4 DISPUTES
This contrack shall be performed under the laws of Washington State. Any litigation to
enforce.this contract or any of its provisions shall be brought in Spokane County,
Washington.
6.5 NONDISCRIMINATION
No individual shall be excluded from participation in, denied the benefit of,
subjected to discrimination under, or denied employment in the administration of or
in connection with this agreement because of age, sex, race, color, religion, creed,
marital status, familial status, sexual orientation, nationat origin, honorabty
discharged veteran or military status, the presence of any sensory, mental or
physical disability, or use of a service animal by a person with disabilities.
RFQ/P 3497-08 10
7121/0,8
O 6.6 LIABILITY
The Consultant shall indemnify, defend and hold harmless the City, its officers and
employees from all claims, demands, or suits in law or equity arising from the
Consultant's negligence or breach or its obligations under the contract. The
Consultant's duty to indemnify shall not apply to liability caused by the sole
negligenc,e of the City, its officers and employees. The Consultant's duty to indemnify
far liability arising from the concurrent negligence of the City, its officers and
employees and the Consultant, its officers and employees shall apply only to the
extent of the negligence of the Consultant, its officers and employees. The
Consultant's duty to indemnify shall survive termination or expiration of the contract.
The Consultant waives, with respect to the City only, its immunity under RCW Title
51, Industrial Insurance.
6.7 INSURANCE COVERAGE
During the term of the contract, the Consultant shall maintain in force at its own
expense, each insurance coverage noted below:
A. Workers Compensation Insurance in compliance with RCW 51.12.020, which
requires subject employers to provide workers' compensation coverage for all
their subject workers and Employers Liability Insurance in the amount of
$1,000,000;
0 B. General Liability Insurance on an occurrence basis, with a combined single limit of
not less than $1,000,000 each occurrence for bodily injury and property damage.
It shall include contractual liability coverage for the indemnity provided under this
contract. It shall provide that the City, its officers and employees are additional
insureds but only with respect to the Consuttant's services to be provided under
this contract; and
C. Automobile Liability Insurance with a combined single lim'rt, or the equivalent of
not less than $1,000,000 eaGh accident for bodily injury and property damage,
including coverage for owned, hired and non-owned vehicles.
D. Professional Liability Insurance with a combined single limit of not less than
$1,000,000 each claim, incident or occurrence. This is to cover damages caused
by the error, omission, or negligent acts related to the professional services to be
provided under this contract. The coverage must remain in effect for at least two
(2) years after the contract is completed.
There shall be no cancellation, material change, reduction of limits or intent not to
renew the insurance coverage(s) without sixty (60) days written notice from the
Consultant or its insurer(s) to the City.
As evidence of the insurance coverages required by this contrac#, the Consultant
shall fumish acceptable insurance certificates to the City at the time it returns the
0 signed contract. The certifcate shall specify all of the parties who are additional
insured, and include applicable policy endorsements, the sixty (60) day cancellation
clause, and the deductible or retention level, as well as policy limits. Insuring
11
RFQ/P 3497-08
7l21lOS
companies or entities are subject to City acceptance and must have a rating of A- or
higher by Best. Copies of all applicable endorsements shall be provided. The
Consultant shall be financially responsible for all pertinent deductibles, self-insured
retentions, and/or self-insurance.
6.8 TERMINATION CL.AUSE
Either party may terminate this contract by 30 days written notice to the other party.
I
a
RFQ/P 3497-08 12
7/21 J08
~ CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: July 1, 2008 _ City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business (D new business ❑ public hearing
❑ information ~]C admin. report ❑ pending legislation
AGENDA ITEM TITLE: SpraguelConklin Signal - Change Order
GOVERNING LEGISLATION: N/A
PREVIOUS COUNCIL ACTION TAKEN: Amended 2008 TIP through resolution 08-008 on
May 13th, 2008 which included this project. Approval of developer agreements for Shelley Lake
on October 23rd, 2007 and Lowe`s/Kohl's on May 20th, 2008.
BACKGROUND:
Spokane County and the City of Spokane Valley have collected several developer contributions
~ to construct a signal at the intersection of Sprague/Conklin. With the construction of Lowe's and
Kohl's the signal is now warranted for installation. The Lowe's / Kohl's developer was
conditioned to complete the signal design and did so in late 2007. Developer contributions were
based on engineer's estimates at the time of approval. Contributions are summarized in the
table below.
Develo cr Coutributions
1'ro'cct Contribution
Lowe'slKohl's desi i $39,053
Lowe's/Kohl's (constrvction) $108,447
Shelle Lake $99,000
vlini Stora e $1,566
Rosehaven - Paras Cons[ruction $R?
Fast Vallev Senior.Housin collected by S oklne County$505
Wal-Mart Ex ansion - Vandervert Constniction collected by S okane County) $1,650
Total Contributions $250 03
The City requested a quote from Knife River to construct the Sprague/Conklin signal as a
change order to the Appleway Avenue project. The construction quote came in higher than the
engineer's estimate, resulting in a funding shortfiall of $33,969.
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F'ro'cct Costs
Project Elcment Cost
Knife River Construct:ion Quote $222,926 ~ . ~Uesi m aid hy I..owe's/Kohl's) $39.053
Construction Ins cction estimaled at 5% $1 1,146
Continaency (estimatetl at 5% $11,146
Total Project Cost $284 72
RECOMMENDED ACTION OR MOTION: Consensus to place on Council's July 8i" (consent?)
agenda a motion consideration for the approval of a change order to Knife River's Appleway
Avenue reconstruction contract and for the construction of the Sprague/Conklin signal.
BUDGET/FINANCIAL IMPACTS: The construction shortfall would be paid from contingency
funds from the Street Capital Projects Fund (307).
STAFF CONTACT: Neil Kersten, Public Works Director; Steve Worley, Senior Engineer -
Capital Projects
ATTAC H M E N TS:
;
i
~ CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: July 1, 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: City Hall Site Planning Contract
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND: The Core Team for City Center has recommended that we explore the site
south of Plaza Road in lieu of the site west of Dartmouth. Council received a draft proposal for
~ the site west of Dartmouth on June 24u. The consultant is revising his proposal and we will
provide an overview of the changes at the meeting.
OPTIONS:
RECOMMENDED ACTION OR MOTION:
BUDGET/FINANCIAL IMPACTS:
STAFF CONTACT: Neil Kersten
ATTACHMENTS
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~
June 1, 2008
Mr. Neil Kersten, AIA
City of Spokane Valley
11707 E. Sprague, Suite 106
Spokane Valley, WA 99206
Re: City Halt Conceptual Site Plan
DRAFT
Qear NeiL•
In accordance with our recent telephone conversation and understanding of the task, we are pleased to
offer the fallowing revised fee proposal for preliminary site planning services:
A. Proiect Description: The project consists of analysis and conceptuat site planning for a 2 to 4-acre
parcel of land near the west end of the former University City Shopping Center for the purpose of
defining the preferred City Hall site. The site that has been tentatively selected is the westerly
most porCion of the U-City shopping center generally west of and fronting on Dartmouth Road;
however, one of the key consideratians is the possible relocation of Dartmouth Road and it's
implications to both the City Hall site as well as the City Center site in terms of planning and
infrastructure casts. Although the exterior program is not yet formally defined, planning work is
expected to indude the building footpnnt 55,000 sf building with 20,000 sf footprint) with
expansion area; suitable front, rear, and side yards; formal and informal public open space; public
and staff parking; bio-filtration swales; plaza and hardscaping; and similar spaces typical to a
~ municipal building. Additionally, some conceptual site planning of the City Center development
and it's impact on the City Hall site may also be appropriate atthough extensive site planning of the
City Center is not a part of the work at this time.
B. Scope of Woric for Basic Services: The intent of Basic Services is to perform preliminary site plan
studies to assist the City in evaluating the opportunities available for development and define the
desired parceL To move the project forward, the following general tasks are expected:
1. Preliminary Site Planning: This task will develop conceptual site plan layout options of the site
illustrating overall site organization (building footprint, landscaping, parking, plazas, etc.) and
the relationship of the City Hall site to the future adjacent City Center development as well as
the irnpact of relocating Dartmouth. Work may include review of existing surveys (if any) and
data, documentation of existing conditions, and site plan drawings and diagrams. The site
plans will be general in nature and are not intended to be a final design document. This task
will be based on a topographic and boundary survey of the U-City Shopping Center provlded to
us by the City or property owner.
2. Project Administration: This task includes zoning code and Sprague/Appleway Revitalization
development sCandards research and commentary as they apply to the City Hall site; general
consultation with the Owner and consultant team; meetings with City Staff, City Council,
workshop sessions, and one City Hall/City Center charette session with the City and City Center
developer. This task may also inctude the review of civil engineering and survey work,
consulting with the Owner on the overall City Center development as well as assisting the City
in obtaining any special engineering studies such as surveys, traffic studies, geotechnical
investigations, environmental assessments, e[c.
3. Preliminary Civil Engineering: This task indudes general comparison of civil engineering issues
of the two sites under consideration and based on the preferred site, preliminary civil
~ engineering analysis including grading, drainage, and utility infrastructure to assist in
establishing future project scope and costs.
4. Cost EsCimates: Based on the conditionally approved site plan, prepare a preliminary
construction cost estimate for site and off-site work in the immediate area of the project
including infrastructure and relocation of Dartmouth as appropriate.
5. Graphic Exhibits: Prepare graphic exhibits to assist with project's presentation at public
meetings/hearings (if any) or in promotional/ ma rketi ng materials. Graphic exhibits may
indude colored presentation sCyle site plans, diagrams, maps, and charts.
C. Fee Propasal for Basic Services: The exact nature and extent of our services is difficult to
determine because much of our work is in response to requests from agencies, potential users, the '
Owner or consultant team, and other influences beyond our control. We can provide you with the
most cost-effective services if our fee is based on our standard hourly rate schedule with provisions
for reimbursable expenses wiCh the following budget:
1. Preliminary Site Planning (for the 2 sites under consideration) $30,000-43,500
2. Project Administration 7,500-10,000
3. Preliminary Civil Engineering 10,000-12,500
4. Cost Estimates 2,000-3,040
5. Graphic Exhibits 4,000-6,000
Total Estimated Fee 53,500-75,000
DRAFT
The above is an estimate only and the hour5 may fluctuate between tasks as the project becomes
more defined. We will invoice monthly but will not exceed $65,000.00 wi[hout your prior approval.
D. Services Not Included in Basic Services: The following services are not included in Basic Services
but can be added if necessary or requested:
< Topographic and Boundary Survey
< Platting or subdivision processing, rezone applications or similar land use actions
< Geotechnical Investigations, Traffic Study or Environrnental Assessments
< Parcel specific Architectural Design or Engineering ,
< Revising previously approved work
< Preliminary Structural, h4echanical or Etectrical Engineering
< Computer animation or professional artist rendering
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E. Time Schedule: The time and fee allotted for this work assumes that the work can move farward ~
in a directed and facused manner and be completed in 70 to 100 days.
F. Reimbursable Expenses: The following costs are directly associated with the project and are
invoiced as reimbursable expenses at 1.10 [imes our direct casts.
< Printing and overnight shipping
< Fees paid to regulatory agencies for project review
< Travel expenses for GGLO (if authorized in advance)
This fee proposal is intended to be short and concise, but we can provide additional information at
your request. If this is acceptable to you, please reCurned a signed copy to our office and we can
schedule a kick-off ineeting and begin work. If you have any questions, please let me know.
Sincerely,
DRAFT
Gary M. Bernardo, AIA
Principal
Accepted by:
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Signed Date
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D12AFT ADVANCF AGENDA
Nor Planning Discussion Purposes Only
J us of June 26, 200$; 8:00 a.m.
Please note this is a work in progress; items are tentative
To: Council & Staff
From: City Manager
Re: Draft Sehedule for Upcoming Council Vleetings
July 8 2008, Regular Mecting, 6:00 p.m. [due clate Monday, ,iune 30)
Proclun:atio»:.luly is Parks uncl Recreatiori Month
1. Consent Agenda: Claims, Payroll, Minutes, ,SpraguelConklin Signl ~hange Qrdc.r' CS minutes]
2. Secoiid .Reading Proposed Ordinaiice Amencling Comp Plan Text ancl Map - Vlike Basinger [40 minutes]
3. Second Reading Proposed Ordinance Amending Comp Plan: Goning Map - Mike Basinger [20 minutes]
4. Motion Consideration: City Hall Site Planning Contract -\iei] Kersten 0 minutes]
5. Motion Consideration: Spokane Regional Solid WasCe Audit-Neil Kcrsten [10 minutes]
6. Motion Considcration: Fi.re l7epartnlent Interlocal -v'like Connelly [I O minutes]
7. Admin Report: Chuitable Donations in Righl-df Way - Cary Driskell [20 minutes]
8. Aclmin Iteport: Proposed Code Compliance Changes - Cary DriskelVMary Kate Martin [15 minutes]
9. Info Only: Resnlution Amending Resolution 03-040, Granting Banking Authority -Ken Thornpson
[*estimatecl meeting: 130 minutes]
July 15, 2008, Studv Session 6:00 p.m. [duc date. Monday, July 7J
Inlr[uluctior2 of New EmpIoyees:
1. Spokane Low, Income Elousing Consortium - Cindy Algeo (pending=cunf r»rnlion) _(20 minutes)
2. Library Board Upd3te - Mike )ackson/Mike Wert ~{teritative_pendirl~ co~rfi~~mulian) (20 minutes)
3. Comp I'lan Amcndment Quarterly Update - Greg MeCormick (20 minutes)
~ 4. Update of Park Properiies, and Splashdown Contract - Mike Stone (20 minules)
5. Preliminary 2009 budget, revenues/expenditures - Ken Thompson (20 minutes)
6. Transportation F3enefit District - Ken Thompson/Cary DriskeWl7ave Mercicr (15 minutes)
7. City Hnll 1'rogram -Neil Kcrsten (25 minutes)
TOTAL 'iNfflTUTES: 140 minutes
Julv 22, 2008, Regular tileeting, 6:00 p.m. [duc date Mnnday, July 14]
1. PUBiJIC HEARIlYG: 1'raposed 2009 Revenues
2. Consent Agenda: Claims, Payroll, Minutes [5 minutes]
3. R.esolutinn Amending Resolution 03-040, Granting Lianking Autliority - Ken Thompson (5 minutes]
-
Mblion Consicleration: SettingClaseti;Rccnrd Hearing oit tlppzal'~Fumtiers AF'P 02-0$ and
l Appeal 03-OS no puhlic commentJ _[5 minutcs
5. Admin Report: Property Tax Levy Ordinancc R.eview - Ken Thoinpson [10 minutes]
6. Admin Repor[: Tax Levy Confirmation Orttinance Keview - Ken Thompson [10 minutes]
7. Admin Report: Collaborativc Planning Options for UGAs - Kathy vlcClung [20 minules]
8. Public Safety Presentationr['rends - Chief VanLeuvcn [20 minutes]
9. Strategic Financial Yla.n - Dave ivlercier [60 minutes]
10. Info Unly: Dept Reports ['"estimated meetinb: 130 minutes]
CONFIRIVIED: SpeciallYleetin~: Wednesdav, Jidv 23, 2008, 6 n.m. fMichael Hreedinun presentatinn%
~endin~-Spokane Citv:Confienzatioji •:Iulv 29;,,.2008,.Joint 11?eetinp:' Couricil & Snokane Citv Carrncil,
Spakane ValleV ColuiCil C/zatnhers, 12: p0 l0 3:00 p.m. (includes lttnch)
~ Tentative topics: Joint Platining Efforis,Nlrastewater Trca/ment, Impact Fees
~
nraft Advance Agcncia 6/26/2008 7:0527 AVI Page 1 of 3
Jalv 29,2008, Jolnt Council Plannini! Commission Studv Scssion 6:00 p•m. (due date Mon, July 211
1. Collaborative Planning Options for UGAs - Susan Winchell of ARB; and Bill Grimes Studio Cascade (60 min)
2. Computer laptopltablet training - Greg Bingaman (60 rninutes) ~
TOTAL MIN'UTES: 120 minutes
COA111&Vt:D: Snecial Meeting: Execrdive Session. t1lan, AuQ 4, 2008, S p.nn.: Puhlic L'frtnloyee Evaltuilion
August 5, 200R. No Meetin- (Nationnl Nigli! Out)
August 12, 2008, Regular Meeting, 6:00 n.m. [due clate Monday, Aagust 41
1. Consent Agenda: Claims, Payroll, Minutes [5 minutes]
2. Motion Consideraeion: Council Sets Budget F-Iearings for Sept 9 and Dec 9-Ken Thompson []0 minutes]
3. Admin Keport: Presentation of Preliminary Budget - Taave Mercier [20 minutes]
4. Info Only: Dept IZeports [*estimatcd meetin;: minutcs]
rim r,v 1.+•`Ie~trnn .Attgu Aw
Aueust 19. 2008, Stuch' Session 6:00 n•m. [due dfite Monc]ay, August 111
1_ Sprague Appleway Rcvitalization Plan (SARP) Discussion - Scott Kuhta (60 minutes)
2. Street Design Standards-Neil K.ersten (60 minutes)
3. Outside Agencies prescnt to Council - Ken Thompson (45 minutes)
TOTAI.. l1'1tNUTES: 165 minutt;s
August 26, 2008, Regular INfeeting, 6:00 u.m• [due date Monday, August 1$1
PUI3LIC HEARING: SA121' - Scotk Kuhta [GO minutes] `
2. Consent Ajenda: Claims, Payroll, Minutes [5 minutesJ
3. First Reading Proposed Ordinanee Adopting SARf' - Scott Kuhta [20 minutes]
4. Info Onl}': Dept Reporls [*estimated meeting: $5 minutes]
Sept 2, 2008 (no ineeting, Lubor• Dc1y)
Septembcr y. 21108. Retular AZeefinQ, 6:00 n.m. (clue date Monday, $ept 1]
1. PUBLIC FIEARiNG: Proposed 2009 L3udget - Ken Thompsoti [ 15 minutes]
2. Consent Agenda: Claims, Payroll, Minutes 1;5 minutes]
3. Second Reading F'roposetl Ordinance Adopting SARP - Scott Kuhta [20 minutesJ
4. rirst Keading Proposed Ordinance Property Tax - Ken Thompson []0 minutes]
5. First Readi.ng Proposed Taa Confirmalion Ordinance - Ken 1 hnmpson [10 minutes]
[*estimated meeting: 60 minutes]
Senternber 16, 200$, Studr Session G:UU n.m. [duc clstte Monday,,SEpt S]
1. Records Nlanagement ContractlUpdate - Chris T3ainbridge (20 minutes)
2. St:reet MasterPlan Update -\Teil Kersten (30 rninutes)
3. Argonnellncliana Road `]'raffc Issues -Neil Kersten/Inga Nofe (20 minutes)
TOTAL A'IDNUTES: 70 minutes
Sentember 23, 200$, lZegular Nieeting, 6:00 p.m. [due date A'Iond9y, Scpt 151
1. Consent Agenda: Clzims, Payroll, Minutes [S minutes]
2. Second Readiog Proposed Ordinance 1'roperty Tax- Ken Thornpson [10 minutes]
3. Second Reacling Proposed'[°ax Cnnfirmation Orclinance - Ken 1"hompson [10 minutes] .
4. Motion Consideration: Sales Purchase Agreement-Mike ConnellyfScott Kuhta [15 minutes]
(*cstimatcd mccting: 40 minutes]
Uraft Advance Aocndf► 6(2612005 7:05:27 ANt Page 2 of 3
UTHER PENllLNG ANM/OR Ul'COMI\'G TSSULSIMEET.iNGS:
Accessory Dwelling Units (Ord 08-006 modifications)
Airport Overlay Zone Code Amendment
~ Budgct 2009: 12/9 & 12/16, Hearing, ordinances etc
City Center Report to Council
Code Compliance A.tnenclments (UDC)
Comp Plan Amend-Qrtrly Update ( Oet, Jan, April, July)
Comp Plan UpdatcNGtVJ1'A
East Gateway Monument Structure #
General Election \iovember 4 #
Graffiti Update #
Impact Fee Request Central Valley School District
IT Specialist Classifieation fZesolution
i,,egislative Agenda, tentaeive topics: Interoper.3bility, Street utili[y; PNR 6ease-(-5048-yeaf-), P'unding for 911,
Greenacres Park laevelopment; City Center, l'ark Acquisitions
i N-LC IVlceting Nov 11-IS, Orlancio, Flnrida ff
Northeast H.ousing Solutions Ci .ty Nlembership
Overweight/over size vehicle ordinance
Planninb Commission Appoinlments (Fred Rcaulac and Gail Koole e:cpire 12-31-08)
Spol:ane County Prosecutor Memorandum of Understancling
Surplus Ttems - Ken Thompson
Transportatioii impacts
UllC Code Amendments
Use tAgreement (Cary Driskell) _ Traosportation $enefit 1)istrict (T.RP) ~JunclJulj;):
a. Fstablish ordinanee; (b) set public hearing; (c) draft resulution; (d) ballot language
~ [.9 Awaiting action by others; $Does not include time for public comments.]
Draft Advanee Abenda 6126/2008 7:05:27 AeVI Page 3 of 3