14-131 Traffic School Participation INTERLOCAL AGREEMENT AMONG THE CITY OF SPOKANE VALLEY,
SPOKANE COUNTY,AND THE SPOKANE COUNTY SHERIFF FOR
PARTICIPATION IN TRAFFIC SCHOOL
THIS AGREEMENT entered into among SPOKANE COUNTY, a political subdivision
of the State of Washington, having offices for the transaction of business at 1116 West
Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as "COUNTY," the
SPOKANE COUNTY SHERIFF, having offices for the transaction of business at 1100 West
Mallon, Spokane, Washington 99260, hereinafter referred to as "SHERIFF", and the CITY OF
SPOKANE VALLEY, a municipal corporation of the State of Washington, having offices for the
transaction of business at 11707 East Sprague, Suite 106, Spokane Valley, Washington 99206
Spokane Falls Boulevard, Spokane, Washington 99201, hereinafter referred to as "CITY",
jointly hereinafter referred to as the"PARTIES."
WITNESSETH:
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Spokane County Board
of County Commissioners ("Board") has the care of County property and the management of
County funds and business; and
WHEREAS, chapter 39.34 RCW (Interlocal Cooperation Act), authorizes counties and
cities to contract with each other to perform certain functions which each may legally perform; and
WHEREAS, RCW 46.83.010 authorizes cities to establish a traffic school subject to
agreement with their appropriate county.
NOW, THEREFORE, for and in consideration of the mutual promises set forth
hereinafter, and the above recitals which are incorporated herein by reference, the PARTIES do
mutually agree as follows:
SECTION NO. 1: PURPOSE
The purpose of this Agreement is to set forth the PARTIES' understanding of the terms and
conditions under which the CITY will participate in the traffic school currently being operated
by the SHERIFF.
SECTION NO. 2: DURATION/TERMINATION
This Agreement shall commence January 1, 2013, and run through December 31, 2014. At the
conclusion of the initial term, this Agreement shall automatically be renewed from year to year
thereafter effective January 1St to December 31St.
Any party for any reason what so ever may terminate this Agreement upon 90 days written
notice of termination to the other PARTIES. In the event of termination, the SHERIFF shall
continue to provide traffic school services to those CITY participants participating in the traffic
school prior to the effective date of termination.
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SECTION NO.3: TRAFFIC SCHOOL
A. The SHERIFF currently operates a traffic school for the benefit of Spokane County
residents who receive certain traffic infractions in unincorporated areas of the County.
The CITY would like to participate in SHERIFF'S traffic school pursuant to chapters
39.34 and 46.83 RCW.
B. The purpose of the traffic school is to instruct, educate, and inform all persons appearing
for training in the proper, lawful, and safe operation of motor vehicles, including but not
limited to rules of the road and the limitations of persons, vehicles, and bicycles and
roads, streets, and highways under varying conditions and circumstances.
C. The SHERIFF shall charge a fee as authorized by law to traffic school participants. The
amount of the fee shall not exceed the base penalty for an unscheduled traffic infraction
as established and periodically amended by the Washington State Supreme Court
pursuant to RCW 46.63.110, plus any assessments and other costs that are required by
statute or rule to be added to the base penalty. Fees collected in excess of the costs of the
traffic school may be used as authorized by law pursuant to RCW 46.83.070. The fee is
intended to cover all direct costs of the traffic school.
D. The traffic school shall be held at the Spokane County Sheriffs Office Training Center
located at 10319 East Appleway Boulevard, Spokane Valley, WA, 99206 or at such other
location as the SHERIFF may hereinafter determine. The training shall be entirely
classroom (lecture, discussion and video presentation) and will be approximately six
hours in length or as may be determined by the SHERIFF.
E. It is anticipated that the Costs for operating the traffic school will be entirely funded by
participant fees. For the purpose of this provision, the terminology Costs shall mean the
annual expenditures for the traffic school prepared by the SHERIFF and agreed to by the
COUNTY. All PARTIES understand that if the total amount of participant fees exceeds
the Cost for operating the traffic school in any calendar year that the surplus money in
that calendar year can be used by the SHERIFF for any purpose authorized by law. No
costs for the school shall be charged to the CITY.
F. Eligible individuals (as determined by the SHERIFF) receiving traffic infraction citations
within the city limits of the CITY, shall be given the option of participating in the Traffic
School. Satisfactory completion of the class will result in the dismissal of the citation.
Additionally, the Spokane County District Court handling a traffic infraction case within
the limits of the CITY, shall have the legal ability as provided for in RCW 46.83.050, as
part of any sentence imposed following a conviction for any traffic law violation, or as a
condition on the suspension of sentence or deferral of any imposition of sentence, to
order any person so convicted to attend the traffic school for a number of days to be
determined by the court, but not to exceed the maximum number of days which the
violator could be required to serve in the city or county jail as a result of his or her
conviction.
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SECTION NO. 4: NOTICES
All notices or other communications given hereunder shall be deemed given on: (i) the day such
notices or other communications are received when sent by personal delivery; or (ii) the third day
following the day on which the same have been mailed by certified mail delivery, receipt requested
and postage prepaid addressed to PARTIES at the address set forth below, or at such other address
as the PARTIES shall from time-to-time designate by notice in writing to the other PARTIES:
CITY: City Clerk
City of Spokane Valley
11707 East Sprague, Suite 106
Spokane Valley, Washington 99206
Copy: Chief of Police
City of Spokane Valley
12710 East Sprague
Spokane Valley, Washington 99216
COUNTY: Board of County Commissioners
Spokane County Courthouse
1116 West Broadway Avenue
Spokane, Washington 99260-0100
Copy: Sheriff
Spokane County
1100 West Mallon Avenue
Spokane, Washington 99260-0300
SECTION NO.5: ASSIGNMENT
This Agreement shall be binding upon the PARTIES, their successors and assigns. No Party may
assign, in whole or in part, its interest in this Agreement without the approval of the other Party.
SECTION NO. 6: LIABILITY
For purposes of this section,the term COUNTY shall include the Spokane County Sheriff.
The COUNTY 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 COUNTY's intentional or
negligent acts or breach of its obligations under the Agreement. The COUNTY's duty to
indemnify shall not apply to loss or liability caused by the intentional or negligent acts of the
CITY, its officers and employees.
The CITY shall indemnify, defend and hold harmless the COUNTY, its officers and employees
from all claims, demands, or suits in law or equity arising from the CITY's intentional or
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negligent acts or breach of its obligations under the Agreement. The CITY's duty to indemnify
shall not apply to loss or liability caused by the intentional or negligent acts of the COUNTY, its
officers and employees.
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.
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.
Each Party's duty to indemnify shall survive the termination or expiration of the Agreement.
Each Party waives, with respect to the other Party only, its immunity under RCW Title 51,
Industrial Insurance. The PARTIES have specifically negotiated this provision.
SECTION NO. 7: INSURANCE
During the term of the Agreement, the COUNTY shall maintain in force at its own expense, each
insurance noted below:
a. Worker's Compensation Insurance in compliance with RCW 51.12.020, which
requires subject employers to provide workers' compensation coverage for all their
subject workers and Employer's Liability or Stop Gap Insurance in the amount of not
less than$1,000,000;
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
Agreement. It shall provide that the CITY, its officers and employees are additional
insureds but only with respect to the COUNTY's services to be provided under this
Agreement; and
c. Automobile Liability Insurance with a combined single limit, or the equivalent of
not less than $1,000,000 each accident for bodily injury and property damage,
including coverage for owned,hired and non-owned vehicles.
d. Professional LiabilityInsurance with a combined single limit of not less than
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$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 Agreement. The coverage must remain in effect for two years
after the Agreement is completed.
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There shall be no cancellation, material change, reduction of limits or intent not to renew the
insurance coverage(s) without at least 30 days written notice from the COUNTY or its insurer(s) to
the CITY.
SECTION NO.8: ANTI-KICKBACK
No officer or employee of the COUNTY, having the power or duty to perform an official act or
action related to this Agreement shall have or acquire any interest in the Agreement, 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 Agreement.
SECTION NO.9: 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. 10: 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.
SECTION NO. 11: NON-DISCRIMINATION
No individual shall be excluded from participation in, denied the benefit of, subjected to
discrimination under, or denied employment in the administration of or in connection with this
Agreement in violation of federal, state or local law.
SECTION NO. 12: MISCELLANEOUS
A. NON-WAIVER: No waiver by any Party of any of the terms of this Agreement shall be
construed as a waiver of the same or other rights of that Party in the future.
B. ENTIRE AGREEMENT: 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 the change or addition is in
writing, executed by the PARTIES.
C. MODIFICATION: No modification or amendment to this Agreement shall be valid until
put in writing and signed with the same formalities as this Agreement.
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D. 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.
E. COUNTERPARTS: This Agreement may be executed in any number of counterparts,
each of which, when so executed and delivered, shall be an original, but such
counterparts shall together constitute but one and the same.
F. SEVERABILITY: If any parts, terms or provisions of this Agreement are held by the
courts to be illegal, the validity of the remaining portions or provisions shall not be
affected and the rights and obligations of the PARTIES shall not be affected in regard to
the remainder of the Agreement. If it should appear that any part, term or provision of
this Agreement is in conflict with any statutory provision of the State of Washington,
then the part, term or provision thereof that may be in conflict shall be deemed
inoperative and null and void insofar as it may be in conflict therewith and this
Agreement shall be deemed to modify to conform to the statutory provision.
G. RELATIONSHIP OF THE PARTIES: The PARTIES intend that an independent contractor
relationship will be created by this Agreement. No agent, employee, servant or
representative of the COUNTY shall be deemed to be an employee, agent, servant or
representative of the CITY for any purpose. Likewise, no agent, employee, servant or
representative of the CITY shall be deemed to be an employee, agent, servant or
representative of the COUNTY for any purpose. For the purpose of this paragraph, the
terminology"COUNTY"shall also include"SHERIFF".
SECTION NO. 13: RCW 39.34 REQUIRED CLAUSES
A. PURPOSE: See Section No. 1 above.
B. DURATION: See Section No. 2 above.
C. ORGANIZATION OF SEPARATE ENTITY AND ITS POWERS: No new or separate
legal or administrative entity is created to administer the provisions of this Agreement.
D. RESPONSIBILITIES OF THE PARTIES: See provisions above.
E. AGREEMENT TO BE FILED: The CITY shall file this Agreement with its City Clerk and
place it on its web site or other electronically retrievable public source. The COUNTY shall
file this Agreement with its County Auditor or place it on its web site or other electronically
retrievable public source.
F. FINANCING: Each party shall be responsible for the financing of its contractual
obligations under its normal budgetary process.
G. TERMINATION: See Section No.2 above.
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H. PROPERTY UPON TERMINATION: Title to all property acquired by any party in the
performance of this Agreement shall remain with the acquiring party upon termination of
the Agreement. Jointly acquired property shall be divided in proportion to the percentage
share of each party contributing to its acquisition.
IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on
the date and year opposite their respective signature blocks.
DATED: ' '5 / ; ..c o� co Jssfo114i BOARD OF COUNTY COMMISSIONERS
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Page 7 of 7
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NO. /L —06935
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY,WASHINGTON
IN THE MATTER OF EXECUTING AN INTERLOCAL )
AGREEMENT AMONG THE CITY OF SPOKANE )
VALLEY, SPOKANE COUNTY, AND THE SPOKANE ) RESOLUTION
COUNTY SHERIFF FOR PARTICIPATION IN )
TRAFFIC SCHOOL )
WHEREAS,pursuant to the provisions of RCW 36.32.120(6),the Board of County Commissioners
of Spokane County has the care of county property and management of county funds and business;and
WHEREAS, pursuant to chapter 36.28 RCW, the Spokane County Sheriff is the Chief Executive
Officer and Conservator of the Peace of Spokane County("Sheriff");and
WHEREAS, chapter 39.34 RCW (Interlocal Cooperation Act) authorizes counties and cities to
contract with each other to perform certain functions which each may legally perform;and
WHEREAS, chapter 46.83.010 RCW authorizes cities to establish a traffic school subject to
agreement with their appropriate county;and
WHEREAS, pursuant to Resolution No. 07-1000, the Board of County Commissioners has
established a traffic school for the unincorporated area of Spokane County which school is operated by the
Spokane County Sheriff;and
WHEREAS, pursuant to Spokane County Resolution No. 11-1177, the City of Spokane Valley,
Spokane County and the Spokane County Sheriff entered into an Agreement titled "INTERLOCAL
AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, AND THE
SPOKANE COUNTY SHERIFF FOR PARTICIPATION IN TRAFFIC SCHOOL", and the City of
Spokane Valley desires to continue to contract with Spokane County and the Spokane County Sheriff to
obtain traffic school services for the City of Spokane Valley.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Spokane
County, Washington, that either the Chairperson of the Board, the Board or a majority of the Board, be
and is hereby authorized to execute that document titled "INTERLOCAL AGREEMENT AMONG THE
CITY OF SPOKANE VALLEY, SPOKANE COUNTY,AND THE SPOKANE COUNTY SHERIFF FOR
PARTICIPATION IN TRAFFIC SCHOOL," ("Interlocal Agreement") pursuant to which, under certain
terms and conditions,the Spokane County Sheriff will provide certain enumerated traffic school services
for the City of Spokane Valley from January 1, 2013, to December 31, 2014, and, by automatic renewal,
from year to year thereafter effective January 1st to December 31st as more specifically described in said
Interlocal Agreement,attached hereto and incorporated herein by reference.
ADOPTED by the Board of County Commissioners of Spokane County, Washington this 5th day
of August 2014. _ ��..�'‘
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Daniela Erickson - y O'Qui ALL Commissioner
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Clerk of the Board