05-083 Spokane County Spokane Regional Wastewater Alliancet •
~~u~~i~~~~Wguiia~w~ii~mi ~s~w
Return to: Daniela Erickson
Clerk of the Board
1116 West Broadway
Spokane, WA 99260
AGREEMENT BETWEEN CITY OF SPOKANE VALLEY AND SPOKANE COUNTY
REGARDING SPOKANE REGIONAL WASTEWATER ALLIANCE
S 0288
THIS AGREEMENT, made and entered thisz~day of , 20 , by and
between'City of Spokane Valley, a Washington State municipal corporation, having offices for the
transaction of business at 11707 E. Sprague Avenue, Suite 106, Spokane Valley, WA 99206,
hereinafter referred to as the "MUNICIPAL AGENCY,° and SPOKANE COUNTY, a political
subdivision of the State of Washington, having offices for the transaction of business at 1116 West
Broadway, Spokane, Washington 99260, hereinafter referred to as the °COUNTY," jointly
hereinafter referred to as the "PARTIES."
WITNESSETH:
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County
Commissioners has the care of COUNTY property and management of COUNTY funds and
business; and ~ "
WHEREAS, pursuant to the provisions of chapter 35.94 RCW, the COUNTY may
construct, operate, and maintain a sewerage system as that term is defined in RCW 36.94.010(1);
and
WHEREAS, pursuant to the provisions of chapter 39.34 RCW, two or more public envies
may jointly cooperate between each other to pertorm functions which each may individually
pertorm; and
WHEREAS, Spokane County, the City of Liberty Lake, the City of Spokane Valley, the
City of Spokane, and Liberty Lake Water and Sewer District ("MUNICIPAL AGENCIES°) have a
common interest in planning, constructing, permitting, and operating regional wastewater
facilities related to protection of our environment; and
WHEREAS, the MUNICIPAL AGENCIES have each nominated an elected official to
represent them in discussions with the other municipal agencies; and
Regional Wastewater Alliance Agreement Page 1 of 9
- G
lflllfl11111III111111111111111{II ..11111{1111111 Pa~ss~9 9
SPOKRNE CO CLERK ~ THE B fIBR 60.09 Spok~eBCo,l~44P
WHEREAS, the representatives of the MUNICIPAL AGENCIES listed above have had
extensive discussions related to regional wastewater govemance since July 1993; and
WHEREAS; the discussions between the MUNICIPAL AGENCIES has resulted in a
draft document entitled "Spokane Regional Wastewater Alliance Declaration of Common
Interests and Purpose, July 2004", which has been presented to each municipal agency for
approval and signature; and
WHEREAS, the MUNICIPAL AGENCIES listed above have also suggested that future
discussions should be facilitated by an independent consultant, with the initial purpose of
establishing common interests and govemance alternatives; and
WHEREAS the MUNICIPAL AGENCIES have tacitly agreed that the firm of Economic
and Engineering Services Inc (EES) would be our joint independent consultant; and
WHEREAS EES has prepared a Scope of Work and Budget Proposal for an initial phase
of work as defined in Attachment 1 hereto, which has been reviewed and verbally agreed to by
the representatives of all of the MUNICIPAL AGENCIES; and
WHEREAS the representatives of the MUNICIPAL AGENCIES have verbally agreed
that the cost of this initial phase of work would be split in accordance with the table presented
on Attachment 2 hereto; and
WHEREAS the COUNTY has tentatively agreed to be the lead agency with the sole
purpose to execute a contract with EES to perform the initial phase of work.
NOW THEREFORE, for and in consideration of the mutual promises set forth
hereinafter, the MUNICIPAL AGENCY and COUNTY do hereby agree as follows:
1. Purpose. The purpose of this Agreement is for the PARTIES to: (1) set forth terms and
conditions under which the COUNTY will act as the lead agency for this initial phase of work
related to evaluating common interests and governance altematives; (2) hire a joint independent
consultant to facilitate the initial phase as defined in Attachment 1 hereto; and (3) share the
costs of the services provided by the joint independent consultant.
2. Hiring of Joint Independent Consultant. The COUNTY will execute an Agreement with EES
for the Scope of Work and Budget defined in Attachment 1 hereto.
3. Lead Agency. The COUNTY will be the lead agency far conducting the facilitation work. The
COUNTY will coordinate the facilitation work closely with all of the MUNICIPAL AGENCIES.
For the purposes of this paragraph, the terminology "coordinate" shall mean continuing to meet
on a regular basis to review the progress of the work and to discuss issues related to evaluating
common interests and wastewater govemance altematives.
4. Financing. The MUNICIPAL AGENCY agrees to reimburse the COUNTY for its proportional
share of the actual costs incurred for the Scope and Budget as set forth iin the Approved Scope
of Work and Budget Allocation section of Attachment 2, not to exceed the Budget Allocation
amount for the MUNICIPAL AGENCY set forth in the Approved Scope of Work and Budget
Allocation Section of Attachment 2.
Regional Wastewater Alliance Agreement Page 2 of 9
~~ i
~~~ ~ ~ ~ 1111E1111111 IIIN 1111x1 I1fIN I - ~ ~{I III 11111 !!I 111 P~ 86~~
___ I 1 .
SPOIfAYE CO CLERK OF THE f3 AOR 10.86 Spokane0~11WR44P
5. Every two months, the COUNTY will send an invoice to the MUNICIPAL AGENCY, at the
address set forth hereinabove, directed to the attention of Public Works Director, to cover the
proportionate share of costs. The MUNICIPAL AGENCY will make payments to the COUNTY,
directed to the attention of Bruce Rawls, Utilities Director, at 1026 West Broadway Avenue,
Public Works Building, Spokane, Washington 99260-0430, within thirty (30) calendar days of the
date of the invoice. Any delinquent payment shall bear interest at the rate of one percent (1 %) per
month, but at least one dollar ($1.00) per month, or as otherwise provided by statute.
6. Additional Expenses. This Agreement does not obligate either the MUNICIPAL AGENCY or
the COUNTY to participate in any additional activities or costs after completion of the initial
phase of work defined in Attachment 1 hereto. Any additional activities or costs will require the
execution of a subsequent Amendment to this Agreement, or a new Interlocal Agreement
between the PARTIES-.
7. TerminationlDisposal of Property. Neither PARTY may terminate this Agreement without the
expressed written consent of the other PARTY. Any personal or real property acquired or used
by either PARTY in meeting its responsibilities under the terms of this Agreement shall remain
under the ownership of the acquiring PARTY upon termination of this Agreement.
8. Representatives. The COUNTY hereby designates Bruce Rawls, Utilities Director, as its
representative for the purpose of administering the provisions of this Agreement. The
MUNICIPAL AGENCY hereby designates Neil Kersten, Public Works Director, as its
representative for the purpose of administering the provisions of this Agreement.
9. Duration: This Agreement shall commence when similar Agreements have been executed
with all the MUNICIPAL AGENCIES, and shall terminate after completion of the Scope and
Budget of the work defined in Attachment 1 hereto, but not later than June 30, 2005.
10. Precise Organization Of Any Separate Entity Created. No separate entity is created. Each
PARTY shall continue to administer its own affairs subject to this Agreement as to any specific
arrangements.
11. Recording. This Agreement shall be filed with the COUNTY Auditor per RCW 39.34.040.
12. Miscellaneous.
A. Non-Waiver. No waiver by either 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. Headings. Headings are inserted for convenience of reference only and are not to be
deemed part of or to be used in construing this agreement.
C. Entire Agreement. This agreement contains the entire understanding of the parties.
No representations, promises, or agreements not expressed herein have been made to
induce either party to sign this agreement.
D. Modification. No modification or amendment to this agreement shall be valid until put
in writing and signed with the same formalities as this agreement.
Reg4onal Wastewater Alliance Agreement Page 3 of 9
~ I
~ ,~-
1 Illlll IIIII IIIII 111111 IIINI~ ~ I P ~ 86~~ s
_r I I Ill IIIII Illl IIII
SPOKANE CO CLERK OP THE B AGR '60.00 Spok~OCo,l~p44P
E. Assignment. Neither party may assign its interest in this agreement without the
express written consent of the other party.
F. Severability. In the event any portion of this agreement should become invalid or
unenforceable, the rest of the agreement shall remain in full force and effect.
G. 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.
H. Nondiscrimination. In the performance of this agreement, the Parties shall not
discriminate on the basis of race, color, sex, religion, national origin, creed, marital
status, age, or the presence of any sensory, mental status or physical handicap in
employment or application for employment or in the administration or delivery of services
or any other benefits under the agreement.
I. Venue Stipulation. This agreement shall be construed under the laws of Washington
State. Any action at law, suit in equity or judicial proceeding regarding this agreement or
any provision hereto shall be instituted only in courts of competent jurisdiction within
Spokane County, Washington.
Dated: ~/~/(f"' ~~ congt. BOARD OF COUNTY COMM
~ ~a ~~t~'y ~.Q ~s1oy OF SPOKANE, UNTY, W ~
o ,~~ ~~.
4 : ~ .<~. ~
° ~• ~ .~ . p ~ • • hair
SE,AI . • ' ~'~' 1
ATTEST: ~~'~.F.c:
VICKY M. DALTON "~ ~ /y~' a ,Vice a'
CL OF THE BO
•.
Daniela Erickson, Deputy /y~j~-k ~~j~, o ssioner
f/~
Approved a ~~
ary P. ris ell, D ity Attorney
Dated: b CITY~O~F SPOKANE VALLEY
David Mercier, City Manager
~•
Attes . ~.
ristine Bai bridge, City CI
Regional Wastewater Alliance Agreement Page 4 of 9
IIIIIIIIIIIIIIIINIIII ~286~9
If l f (1111I11I1 PagA: 5 of 9
IIIIIIINII
SPOKANE CO LLERK OF TKE B F~iR ~g,Bg 1B/8S/~@85 l2~44P
SpokPne Coy IlA
ATTACHMENTI
TO THE AGREEMENT
REGARDING SPOKANE REGIONAL WASTEWATER ALLIANCE
Background
In a recent meeting of the Spokane Regional Wastewater Governance Committee (Committee),
various alternative governance structures were examined for the provision of wastewater
treatment and disposal throughout the Spokane regional area. The Committee expressed
interest in examining these alternatives in greater detail, and more specifically, determining the
interest or concerns of each jurisdiction in further pursuit of a regional approach.
This scope of work and budget is presented to examine the key items cited above.
Task 1 -Define Project Objectives and Desired Outcomes
Task Goal: Define the following critical items:
• Definition of regional alliance;
• Anticipated achievements of an alliance;
• Level of interest in pursuit of a regional alliance;
• Key objectives and outcomes desired by each jurisdiction;
^ Any "deal breaker" elements;
• Common and conflicting parameters;
• Schedule sensitivities for regional activities; and,
^ Threshold decision to proceed or not.
Approach: This effort will be accomplished by meeting with public works, management, and
elected officials from each of the five jurisdictions, i.e., City of Spokane, City of Spokane Valley,
City of Liberty Lake, Liberty Lake Sewer and Water District, and Spokane County. However, for
the purposes of drafting a range of budget expectations, it has been assumed that there will be
a total of 40 meetings with all entities. This includes initial discussions and subsequent follow-
up meetings for clarification. Forty meeting events, including time for preparation, meeting, and
follow-up, have been used for budgeting purposes. The logistics of these meetings will be
coordinated to avoid separate trips or days for each meeting. A summary memo and meeting
with the Committee will present the findings of Task 1.
If it is determined that the process should proceed to Task 2, a letter of Intent will be prepared
for endorsement by the five jurisdictions that captures the regional definition, anticipated
benefits, and commitment of each jurisdiction to earnestly pursue a regional wastewater alliance
alternative.
Client Role: Accessible and active participation in meetings along with frank dialogue reflecting
the position of the jurisdiction as well as individual opinions.
Regional Wastewater Alliance Agreement Page 5 of 9
' r .i 1-~-
1111111 11111 11111 l 1111 llll~~tfll ~ ~ P~ 86~~ 9
~~Illllllllllllllllll .
SPOKANE CO CLERK OF THE B A6R :g.69 ~ ~6lt3S/895 12~44P
„pok~ne Cq, 61A
Deliverables:
• Forty meetings with representatives of all entities.
• Summary memorandum outlining the findings.
^ Committee meeting to discuss findings.
• Threshold determination to proceed to Task 2, or stop.
Assumptions:
Interviews and meetings will occur with the following representatives from each jurisdiction:
^ City of Spokane (8) -Mayor, Committee Councll Members (3), City Administrator, Public
Works Director, Director of Wastewater Management, City Attorney.
^ City of Spokane Valley (10) -Mayor, Council Members (6), City Manager, Public Worfcs
Director, City Attorney.
• City of Liberty Lake (3) -Mayor, City Administrator, Director of Planning and Community
Development.
• Liberty Lake Sewer and Water Distr7ct (4) -Board of Commissioners (3), General
Manager.
• Spokane County (5) -Board of Commissioners (3), Utilities Director, Attomey.
A total of 40 meetings will be conducted throughout all jurisdictions allowing for one initial
meeting with each of the representatives shown above (30), and two follow-up meetings with
representatives from each of the five jurisdictions (10).
Approximately three interviews per day will occur and these will occur in blocks of no more than
three consecutive days per week to a11ow for scheduling conflicts and minimize travel and direct
costs.
These meetings will be accomplished over a two to three month period.
A summary memorandum will be prepared and distributed to Committee members prior to
meeting for discussion.
Budget:
Labor $34,200
Travel $3,200
Direct 250
Total $37,650
Task 2 -Evaluate Alternatives (future task, not included in this Agreement)
Task Goal: The purposes of this task are:
• Expand input to include key interest groups;
^ Evaluate governance alternatives; and,
^ ~ Evaluate solutions to conflicted parameters defined in Task 1.
Approach: Meetings will be held with key regional groups to solicit their input on the goals,
objectives, and regional activities authorized for pursuit by the five jurisdictions in Task 1.
Examples of the key groups may include the Spokane Regional Chamber of Commerce,
Spokane Valley Chamber of Commerce, Economic Development Council, Homebuilders
Association, and environmental and tribal representatives. In addition, meetings and
discussions with the Washington State Department of Ecology and U.S. Environmental
Protection Agency will also occur to determine the regulatory perspective on regionalization. It
Regional Wastewater Alliance Agreement Page 6 of 9
I CIII~I VIII VIII Illll~ I II VIII ICI I~~II III IIII Pa9 Sfi649 g
18/@6/2895 12~44P
SPOKAi~ CO CLERK OF THE B ~ AGR 18.99 Spokane Co, UA
is unclear precisely how many meetings will be required to accomplish this task until a more
exact number of entities and representatives are established.
In addition, Economic and Engineering Services, Inc. (EES) will meet with the Committee to
concur, add, delete, or modify the govemance alternatives already presented for consideration.
Using this list, EES will contact outside jurisdictions having implemented each of the
govemance altematives. These discussions will target information regarding their satisfaction
with its structure, effectiveness, representation, sustainability, management, financial vitality,
and other key items of interest. Cif particular note will be features of the alternatives that have
been modifred, and information on why they were modified to get to the current govemance
system. In addition, these jurisdictions will be questioned to determine if they experienced the
same or similar "deal breaker° issues and, if so, how those were dealt with effectively.
Client's Role: Active participation in meetings and effort to resolve or compromise on "deal
breaker° issues.
Deliverables:
• List of govemance altematives used for contact.
Summary of key elements of governance programs.
• Potential solutions for "deal breakers."
Assumptions: To Be Determined
Budget: To Be Determined
Task 3 -Select Preferred Alternative (future task, not included in this Agreement)
Task Goal: The primary goals of this task are:
^ Conduct thorough review of governance alternatives;
• Compare alternatives; and,
• Select preferred altematives.
Approach: Use the Committee forum to examine all viable alternatives and select preferred
governance structure.
Client's Role: Active participation in all meetings and decision process. The best opportunity
for a successful project hinges on a serious effort by each entity to cooperate in the spirit of due
diligence, perseverance, compromise, and regional benefit.
Deliverables: Preferred alternative
Assumptions: To Be Determined
Budget: To Be Determined
Regional Wastewater Alliance Agreement Page T of 9
1111111 Illll (IIII III IIII I III II III IIII IIII III I P ~86~~ 9
19/86/20 !2.44P
SPOKRi~ CO CLERK Uf THE B RGR f8.88 Spokane Co, uA
Task 4 -Develop Implementation Strategy (future task, not included in thls Agreement)
Task Goal: This task will:
^ Identify the governance, personnel, technical, financial, and managerial aspects of
implementation;
^ Establish a sequence of activities leading to implementation; and,
^ Examine a pragmatic schedule of these activities.
Approach: Evaluate these items in the Committee forum.
Client's Role: Active participation in all meetings and decision process. The best opportunity
for a successful project hinges on a serious effort by each entity to cooperate in the spirit of due
diligence, perseverance, compromise, and regional benefit.
Deliverables: Written description of implementation strategy events and schedule milestones.
Assumptions: To Be Determined
Budget: To Be Determined
Task 5 -Implementation (future task, not included in this Agreement)
Scope activities will be defined during Task 4.
Task 6 -Facilitation Services
John Maxwell will provide facilitation services at monthly meetings of the Regional Governance
Committee. It is assumed that this level of effort at each meeting will involve: providing notices
of meetings, developing meeting agenda, presiding over discussions at each meeting, preparing
meeting minutes, distributing minutes for Committee review prior to the next meeting, and
consolidating comments into final minutes. Outside the monthly meetings, the level of effort is
assumed to potentially include: research on topics of discussion at meetings, discussion with
Committee members to coordinate policy issues, and interaction with media or key interest
groups.
For budgeting purposes, it is anticipated that this service will continue for six months as Task 1
evolves. This role and schedule will be subject to revision with commensurate adjustments in
scope and budget if the Committee decides to move ahead with additional tasks.
Budget
Monthly meetings - (1 per month for 6 months)
Labor $16,240
Travel $2,010
Direct 100
Total $20,350
Outside meeting efforts -time and material (as authorized by the Committee).
Regional Wastewater Alliance Agreement Page 8 of 9
~- l
1liilll 11111 illll lllif l ll1 52869
f 0111111111111111 Page` 9 of 9
1111
SPOKAAE CO CLEftl( OF THE 8 A6R t8.8A I AI8&/'2895 12 ~ 44P
Spokane Co, WR
ATTACHMENT2
TO THE AGREEMENT
REGARDING SPOKANE REGIONAL WASTEWATER ALLIANCE
Approved Scope of Work and Budget Allocation
At the July 8, 2004 Governance Committee/Meeting it was agreed that the initial work effort for
Tasks 1 and 6 would be contracted through Spokane County via an Intertocal Agreement
between participating jurisdictions. It was further agreed that costs for this initial work would be
allocated in the manner shown below. The method of allocating expenses associated with
additional task work authorized by the Committee at a later date will be reviewed at that time.
City of Spokane , 25.0 $9,412.50 $5,087.50 $14,500.00
City of Spokane Valley 25.0 9,412.50 5,087.50 14,500.00
Spokane County 25.0 9,412.50 5,087.50 14,500.00
Liberty Lake S&W 12 5 706,25
4 2
543
75 7,250.00
District , ,
.
City of Liberty Lake 12.5 4,706.25 2.543.75 7,250.00
Total 100.0 $37,650.00 $20,350.00 $58,000.00
Regional Wastewater Alliance Agreement Page 9 of 9