2003, 06-17 Study SessionSUBJECT
CITY OF SPOKANE VALLEY
CITY COUNCIL WORKSHEET — STUDY SESSION
NOTE: AT COUNCIL STUDY SESSIONS, THERE WILL BE NO PUBLIC COMMENTS, EXCEPT COUNCIL
RESERVES THE RIGHT TO REQUEST INFORMATION FROM THE PUBLIC AND STAFF AS APPROPRIATE
CITY HALL AT REDWOOD PLAZA
11707 East Sprague Avenue, First Floor
Spokane Valley, Washington
Tuesday, June 17, 2003 6:00 p.m.
COUNCIL REQUESTS ALL ELECTRONIC DEVICES BE TURNED OFF WHILE IN A7TENDANCE AT TFIF. COUNCIL MEETING
DISCUSSION LEADER ACTIVITY DISCUSSION GOAL
1. Administration David Mercier Employee Introductions information
(5 minutes)
2. Public Works/ Dick Thiel/ Report an Light Rail Proposals Affecting Information
Comm. Development Greg McCormick Couplet (14 minutes)
3. Public Works Dick Warren Appleway /Sprague Triangle Property lnfornui ion
(5 minutes)
4. Public Works Dick Warren Small Works Contract for Steen Road & 4 Ave Consent 6/24/03 ?
Paving (2 minutes)
5. Public Works Dick Warren/Stan Sewer Extensions and Operation (STEP) Infornation
Schwartz with Spokane County (10 minutes)
6. Parks & Rec 13111 Hutsinpiller Update of Parks & Rec Transfer Tale and Agenda 6f24/03 7
and Maintenance Agreement (10 minutes)
7. Parks & Rec Bill Hutsinpiller Plantes Ferry Park Sports Complex Project Information
(10 minutes)
Study Session Agenda, lune 17, 2003 Page 1 of 2
6/13/2003 9:50 AM, revision
SUBJECT
DISCUSSION LEADER ACTIVITY
8. Comm. Development Grog McCormick Planning Commission Guidelines and Rules Consent 6/24103 ?
Resolution (5 minutes)
9. Comm. Development Greg McCormick Community Development Block Grant (CDBG) Consent 6124103 ?
Cooperative Agreement (10 minutes)
10. Comm. Development Greg McCormick Affordable Housing (10 minutes) Information
11. Legal Cary Driskell Existing Franchise Ordinances (10 minutes) Information
12. Legal Cary Driskell Regulatory Ordinance Discussion (5 minutes) Information
13. Legal Cary Driskell Discussion Junk Vehicle Ordinance (10 minutes) Information
14. Administration Cary Driskell/Dave Form contracts (3) resolution/ordinances re Information
Mercier purchasing, contract limits, etc. (10 minutes)
15. Administration Cary Driskell/Dave City Manager Authority Ordinance Information
Mercier (10 minutes)
16. Administration Stan McNun Report: Columbia Fiber Franchise Negotiation Information
(10 minutes)
17. Administration Dave Mercier Proposal far Joint Meetings with School Information
Districts (10 minutes)
18. Administration Stan 1vIeNutt/Dave Council Workplan Priorities (pick 5) Information
Mercier (15 minutes)
DISCUSSION GOAL
19. Administration Dave Mercier City Manager Comments Information
Association Wa. Cities June 18.20
Emergency Mgnn Services Mtg July 21, 6:30 pm Co. Public Works Bldg.
Land Use Training Session July 31, 6 p.m.
Study Session Agenda, June 17. 2003 Par 2 of 2
6!13/2003 9 50 AM. revision
CJ
CITY OF SPOKANE VALLEY
REQUEST FOR COUNCIL ACTION
DATE ACTION IS
REQUESTED:
APPROVED FOR
COUNCIL PACKET:
TITLE:
Small . works contract with
Inland Asphalt
ATTACI{M ENT S:
Description of project
TYPE OF ACTION:
Ordinance
Resolution
City Manager Motion
Dept. Head Other
Attorney Approve
As To Form
SUBMITTED BY: Public Works
S'rAnz RECOMMENDS COUNCIL iti'IAKE A MOTION TO: Authorize City Manager to sign contract
DISCUSSION:This project eliminates two troublesome gravel roads and will decrease our annual
Maintenance costs.
ALTERNATIVES:Continue to grade and oil the streets and field regular citizen complaints
FISCAL IMPACT:
SOURCE OF FUNDS:Streets Maintenance Budget
AMOUNT BUDCETE1):S200,000.00
AMOUNT NEEDED FOR PROJECT: ,V 2 5 11 D , o o
PROJECT DESCRIPTION
STEEN ROAD AND 4 AVENUE PAVING
Of the four hundred twenty odd miles of street in Spokane Valley, roughly seven
miles are unpaved. Most of these unpaved miles are in short sections of a block
or two, and require a great deal of maintenance in the course of a year, including
grading three, four or five times, oiling to help control dust, and drainage issues.
We are going to eliminate most of these gravel roads over the course of the next
few years, in order to realize the reduced annual maintenance expense and time
related to these areas. This is the first of several projects to accomplish this end.
An LID (Local Improvement District) for the road improvements was considered
and dismissed as too costly and time consuming a process for the small size of
the project. There are adequate funds set aside in the Capital budget which were
intended to address these sorts of opportunities to improve our local access
streets. Other proposed projects will be coming forward later in the year.
This project consists of providing an ACP (Asphalt/Concrete Pavement) driving
surface for South Steen Road, starting -at 4th Avenue and continuing South to the
bridge crossing; and for East 4th Avenue from Steen Road to Flora Road.
Currently, these gravel roads require frequent grading (3 -4 times per year), to
eliminate rough spots and holes that quickly develop in the roadway, and
substantial ponding problems. Dust from the roadway has also been a nuisance
to abutting homeowners.
The Steen Road portion of the project is 352 feet in length, and the 4 Avenue
portion is 598 feet. Each will receive a 20 foot mat of 2 -inch ACP over 4 inches of
crushed rock material, with appropriate tapers to meet existing asphalt surfaces
and driveways. While drainage has been a problem in the area, we believe that
careful grading of the base material can mitigate, but not eliminate entirely, those
problems. No other drainage improvements are anticipated.
The proposed cost of this project is $25,190, and will be accomplished using a
contractor from our small works roster, whose requested proposal cost was most
favorable to the city. We received the following proposals:
Inland Asphalt $25,190.00
Shamrock Paving $29,625.00
We recommend acceptance of Inland Asphalts proposal.
AGREEMENT FOR CONSTRUCTION SERVICES
THIS AGREEMENT is made by and between the City of Spokane Valley, a code
City of the State of Washington, hereinafter "City" and Inland Asphalt, hereinafter
"Contractor ", jointly referred to as "parties ".
IN CONSIDERATION of the terms and conditions contained herein the parties
covenant and agree as follows:
1. Work to Be Performed. The CONTRACTOR shall do all work and furnish all
labor, tools, materials, supplies and equipment for the Steen and Fourth Street Improvement
Project as set forth on Attachment "A. "(hereinafter "work ") in. accordance with, and as
described in the (Contract Plans), and 2002 Standard Specifications for Road, Bridge and
Municipal Construction of the Washington State Department of Transportation (as'amended
by WSDOT), and City- adopted Spokane County Standards for Road and Sewer
Construction, which are by this reference incorporated herein and made part hereof
( "Contract Documents"), and shall perform any changes in the work in accord with the
Contract Documents.
The CONTRACTOR shall, for the amount set forth in the Contractor's bid proposal attached
hereto, provide and bear the cost and expense of all work, of any sort whatsoever that may be
required for constructing and completing the work provided for in the Contract Plana and
Contract Documents, except those items mentioned therein to be furnished by the City of
Spokane Valley.
The City Manager, or designee, shall administer and be the primary contact for
Contractor. Prior to commencement of work, Contractor shall exercise best efforts to
contact the City.Manager or designee to review the scope of work, schedule, and time of
completion. Contractor shall receive the City's written authorization to proceed with the
work. Upon notice from the City, Contractor shall promptly commence work, complete
the same in a timely manner, and cure any failure in perfonnance under this agreement.
Unless otherwise directed by the City, all work shall be performed in conformance with
the Contract Plans, Contract Documents, City and State standards. Contractor
acknowledges review of. the Contract Plans and Contract Documents and accepts the
same.
2. Term of Contract. This Contract shall be in full force and effect upon execution of
this Agreement and shall remain in effect until thirty (30) days from the date of execution.
The City may terminate this Agreement by ten (10) days' written notice to the other party. In
the event of such termination, the City shall pay the Contractor for all work previously
authorized and satisfactorily performed prior to the termination date.
S:1C[P4th&stccncontrnct.doc
1
3. Compensation. The City agrees to pay the Contractor a total not to exceed
Twenty Five Thousand One Hundred Ninety ($25,190), plus applicable taxes.
4. Payment. The Contractor may elect to be paid in monthly installments, upon
presentation of an invoice to the City or in a lump sum, upon completion of the work.
Applications for payment shall be sent to the City Clerk at the below - stated address.
The City reserves the right to withhold payment under this Agreement which is determined,
in the reasonable judgment of the City Administrator; to be noncompliant with the Contract
Plans, Contract Documents, or City or State standards.
5. Notice. Notice shall be given in writing as follows:
TO THE CITY:
Name: Ms Chris Bainbridge, City Clerk
Phone Number: (509) 921 -1 000
Address: 11707 East Sprague Ave.
Suite 106
Spokane Valley, WA 99206
TO THE CONTRACTOR:
Naive:
Phone Number:
Mobil:
Address:
6. Applicable Laws and Standards. The parties, in the performance of this
Agreement, agree to comply with all applicable Federal, State and local laws, and City
ordinances and regulations. Contractor shall exercise best efforts, including the selection of
the highest quality materials, so that all work performed shall be in compliance with current
related industry standards.
7. Relationship of the Parties. It is hereby understood, weed and declared that the
Contractor shall be an independent Contractor, and not the agent or employee of the City,
that the City is interested in only 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 Contractor. Any and all employees who provide services to the City under
this Agreement shall be deemed employees solely of the Contractor. The Contractor shall be
solely responsible for the conduct and actions of all employees under this Agreement and any
liability that may attach thereto.
8. Contractor to Be Licensed, Bonded and Insured. The Contractor shall be duly
licensed and bonded by the State of Washington. Contractor shall purchase and maintain,
during the term of this Agreement, a comprehensive general liability policy in the amount of
$1,000,000.00 per occurrence, with the City as an additional named insured. A copy of the
certi f cate shall be provided to the City. Contractor's insurer shall give notice of cancellation
of such insurance to the City.
S: IClPAth&cstecncontrau tdcc
2
9. Tndemnification and Hold Harmless. Each party shall indemnify and hold the
other, its officers, employees, agents, and volunteers, harmless from, and against, any and all
claims, demands, orders, decrees, or judgments for injuries, death, or damage to any person
or property arising, or resulting, from any act or omission. on the part of said party, or its
agents, employees or volunteers, in the performance of this Agreement.
10. Waiver. No officer, employee, agent, or other individual acting on behalf of either
party, has the power, right, or authority to waive any of the conditions or provisions of this
Agreement. No waiver in one instance shall be held to be waiver of any other subsequent
breach or nonperformance. All remedies afforded in this Agreement, or by law, shall be
taken and construed as cumulative, and in addition to every other remedy provided herein or
by law. Failure of either party to enforce, at any time, any of the provisions of this
Areement, or to require, at any time, performance by the other party of any provision hereof,
shall in no way be construed to be a waiver of such provisions, nor shall it affect the validity
of this Agreement, or any part thereof.
11. Assignment and Delegation. Neither party shall assign, transfer, or delegate any or
all of the responsibilities of this Agreement, or the benefits received hereunder, without first
obtaining the written consent of the other party.
12. Jurisdiction and Venue. This Contract is entered into in Spokane County,
Washington. Venue shall be in. Spokane County, State of Washington.
13. Cost and Attorneys' Fees. In the event.a lawsuit is brought with respect to this
Agreement, the prevailing party shall be awarded its costs and attorneys' fees, in the amount
to be determined by the Court as reasonable. Unless provided otherwise by statute,
Contractor's attorneys' fees payable by the City shall not exceed the lump suin amount of
this Agreement.
14. Entire Agreement. This written constitutes the entire and complete
agreement the parties, and supersedes any prior oral or written agreements. This
Agreement may not be changed, modified, or altered, except in writing and signed by the
parties hereto.
15. Anti - kickback. No officer or employee of the City, having the power or. duty to
perform an official act or action related to this Agreement, shall have, or acquire, any interest
in this Agreement, or have solicited, accepted, or granted, a present or future gift, favor,
service, or other thing of value from any person with an interest in this Agreement. •
s:tcIP14th&stee coutractdoc3
IN WITNESS WHEREOF, the parties have executed this Agreement this day of
, 2003.
CITY OF SPOKANE VALT PAT: CONTRACTOR:
David Mercier, City Manager Owner
ATTEST: APPROVED AS TO FORM:
Clerk/Treasurer Stanley M. Schwartz, Interim City Attorney
S:1CIP14th&steenc ,ntract doc4
PROJECT DESCRIPTION
STEEN ROAD AND 4 AVENUE PAVING
SPECIFICATIONS
ATTACHMENT A
This project consists of providing an ACP (Asphalt/Concrete Pavement) driving
surface for South Steen Road, starting at 4 Avenue and continuing South to the
bridge crossing; and for East 4 Avenue from Steen Road to Flora Road.
The Steen Road portion of the project is 352 feet in length, and the 4th Avenue
portion is 598 feet. Each will receive a 20 foot mat of 2 -inch thick ACP over 4
inches of crushed rock material, with appropriate tapers to meet existing asphalt
surfaces and driveways. While drainage has been a problem in the area, we
believe that careful grading of the base material can mitigate, if not eliminate,
those problems. No other drainage improvements are anticipated.
The proposed cost of this project is $25,190.
Specifications for this project are comprised of the following three components:
1. The "2002 Standard Specifications for Road, Bridge and Municipal
Construction" as promulgated jointly by the Washington State Department
of Transportation (WSDOT) and the American Public Works Association
(APWA), Washington State Chapter, referred to as the "Standard
Specifications ". The APWA Supplement will apply to this contract.
2. WSDOT Amendments to the "Standard Specifications ".
3. Spokane County Standards for Road & Sewer Construction.
JUN-11 -2003 08:07 FROM: INLAND ASPHALT
Inland Asphalt Company
P.O. Box 3366
Spokane, WA 99220 -3366
Submitted To:
Address:
Contact;
Phone:
Spokane Valley
11707 E. Sprague
Suite 105
Spokane Valley, WA 99206
Mac McDonald
508 -921 -1000 Fax: 509 -1008
BId Title: 4Th & Steen
BId Number:
Project Location: Paving Of 4Th And St0on Road
Protect City, State: Spokane Valley, WA
Engineer/Architect:
The base bld price (Item No. 1) Includes fine grading the protect area using existing materials and placing 2" of
asphalt pavement. The alternate add price Includes furnishing and Installing an addltonal 4" of crushed rock.
These prices include use taxes on materials and do not include drainage, surveying or utility adjustments.
Please refer to enclosed sketch for schematic layout and dimensions.
Item No. Item Description
1
2
Asphalt Paving using existing materials
ADD - Furnish & install 4" Of Crushed Rock
Notes: • Cost of permits are not included in this estimate.
Payment Terms: Full payment required 30 days from completion of project
ACCEPTED:
The above prices, epodfcattons and conditions
aro saflstacioay and are hereby accepted.
Buyer
Signature
Date of Acceptance
Page 1 of 1
509 534 9787 70:5099211008 P.002/002
Ectlmated Quantity Unit Unit Price Total Price
1.00 LS •
1.00 LS
CONFIRMED:
Inland Aspha
Authorized
Signature:
Estimator; Al Hughba
,
Phone; (509) 534 -2657
Fax: (509) 534 -9787
Data•• fil10!20f}3
$15,790.00 $15,790.00
$9.400.00 $9,400.00
Total Bid Price: 525,190.00
5
§§§:
Ng
35
2-0
598
t A
.:,. SH AMR OC K.. PAVING - .'CO:
A DIVISION OF INU.RPHY BROS., INC.
N. 1.10 HAYFORD *ROAD ' • •
• P.O: .130X; 19263' • - .
SPOKANE �JVA 99219 9263
(509) 244 - 2800 :.
FAX,: (509), 244-4949 •
_ , •
City-of Spokane •
11707. E: Sprague,. Suite 106
Spokane;: WA: 99206
Area:measures appioxiniately2 252 Y :.with,20'.road•- width •_ •
•
- ,Ple a se'accept.tfie following' information as:a'fo�rnil _ above
_ re:ferenced:project: - _ ;.
•
FOURTFI[ & We will' excavate, 'fine grade and compact existing :crushed rock,:
saweut .e.�cistirig asphalt at`each end of project and:;pave with 2" asphalt for, the sum of
ALTERfijA1:E : Will :excavate approximately 4 ".:of existing material, .place of :
now cru saweu t.existing asphalt. at Each end of project•and pave with 2" asphalt • :. for the -sum of $29;62 :00 ' • .: . - •
Same area as .above. : .
35i'� & P1N;I OE: :- W e ; f will.excavate exislirig•matcFial; entire:edge of exi sting
• asphalts : place6 "• crushed an d pave with 2', asphalt' for • the s of $16,1°40.00-
Area measu"resapproximately 5.74=5 with asphalt being' the widest area`•a • the
north end =aid tapnraig.dovgn to:zero:feet. °at the south end: •
Thornton C. Murphy -
• Williarrl .0.. Murphy „! '\•
.'Contractors. Reg: #.
SHA■RPC09914M
CITY OF SPOKANE VALLEY-
REQUEST FOR COUNCIL ACTION
MEETING DATE: 6/1 7/03 TITLE
APPROVED FOR
COUNCIL PACKET:
City Manager
Dept. Head
Attorney Approve
As To Form
Interlocal Agreement with Spokane
County for Sewer Extensions and
Operation (STEP)
ATTACFIMENTS:
Draft agreement
TYPE OF ACTION:
X Discussion
Ordinance
Resolution
Motion
Other
_4BMITTED BY:
STAFF RECOMMENDS COUNCIL MAKE A MOTION TO:
DISCUSSION: Attached is a redline of the STEP Intel Agreement initially prepared by the County. Note this is a
discussion document and the changes have not been reviewed by the County.
ALTERNATIVES:
FISCAL IMPACT:
SOURCE OF FUNDS:
AMOUNT BUDGETED:
AMOUNT NEEDED FOR PROJECT:
06/13/2003
14:38 WITHERSPOON KELLEY 4 9P9211E08
Gl i 6- Gr \C \City of Spokane Vallev 14324\Intertocal
Ar <reements \WastewaterAareernent- REDLINE 6.13.03.doc
Return to: Board of County Commissioners
Clerk of the Board
1116 W. Broadway
Spokane, Washington 99206
bite/local Agreement Between the City of Spokane Valley and Spokane
County Regarding Wastewater Management
THIS AGREEMENT, made and entered into this day of June, 2003, by and
between the CITY OF SPOKANE VALLEY, Washington, a municipal corporation of the State
of Washington, having offices for the transaction of business at 11707 East Sprague Avenue,
Suite 106, Spokane Valley Washington, 99206 hereinafter referred to as the "CITY", and
SPOKANE COUNTY, a political subdivision of the State of Washington, having offices for the
transaction of business at 1116 West Broadway, Spokane Washington, Washington 99260,
hereinafter referred to as the "COUNTY," jointly referred to, along with the CITY, as the
"PARTIES."
Page 1, of 10
WITNESSETH:
WHEREAS, the CITY is located in the Aquifer Protection Area established by the
COUNTY by Ordinance 85 -061 dated July 30, 1985; and
WHEREAS, prior to the incorporation of the C1TY, the COUNTY had, with the
direction and approval of the State of Washington Department of Ecology (DOE), begun the
extension of sanitary sewers within the Aquifer Protection Area, which area includes that area
now incorporated as the City of Spokane Valley, following a program to be completed in
accordance with the plan developed by the COUNTY; and
WHEREAS, the COUNTY has created a Utilities Division within the Public Works
Department capable of implementing the completion of the sanitary sewer program to standards
acceptable to the CITY; and
WHEREAS, the COUNTY has prepared and adopted the Spokane County 2001
Comprehensive Wastewater Management Plan (Plan) for implementation of a sewer program for
the Urban Growth Areas within the Aquifer Protection Area and
WHEREAS, the CITY wishes to see the completion of the sanitary sewer system to
protect and serve the CITY's residents, businesses, and the aquifer, and
NO.453 P002
06/13/2003 14:38 W1THERSPOON KELLEY a 9/39211008
20, 2003G•' C\City of Spokane Valley 143241interlocal
Agreements \WastewaterAg cement- REDLINE, 6.13.03,doc
WHEREAS, the COUNTY has received an Extended Grant from the State of
Washington Centennial Clean Water Fund to be used to reduce the cost impacts of sewer
construction in the Aquifer Protection Area (APA); and
WHEREAS; pursuant to the provisions of chapter 36.36 RCW, the citizens of the
COUNTY voted to implement an APA Fee to subsidize the cost of sewers, which Fee will sunset
in year 2005 unless it is reauthorized by the voters; and
WHEREAS, the COUNTY has historically allocated the one - eighth of 1% local option
sales tax revenues collected pursuant to RCW 82.14.030(2) to the sewer utility to subsidize the
cost of sewers; and
WHEREAS, the COUNTY has accumulated substantial fund balances in the sewer
utility fund from sales tax allocations and APA Fees; and
WHEREAS, a significant part of the APA Fees and sales tax revenues were contributed
from within the area of the CTTY; and
WHEREAS, the COUNTY has a policy of assisting property owners by reducing the net
cost of the Capital Facilities Charge Rate (CFR.) paid by each property within the sewer program;
and
WHEREAS, the COUNTY and CITY are obligated to complete the elimination of septic
tanks in the Urban Growth Area by extending sewer service to all properties to the extent
practicable; and
WHEREAS, the COUNTY owns, operates, and maintains all of the existing public
sewer system within the CITY; and
RrJEREAS, pursuant to B.CW 36.94.170 the CITY has the primary authority for
constructing, operatinz, and maintaining a sewage system within the CITY unless the CITY
desires through written consent that the COUNTY continue to own, operate, and maintain the
public sewer system within the CTTYT _
NOW, THEREFORE, for and in consideration of the mutual promises set forth herein,
the PARTIES hereto do mutually agree as follows:
SECTION I: OWNERSFIF .OPERATIONS. MAINTENANCE AND AANfINXSTRATION
1 -1
Page 2of10
The CITY delegates --au hefity --te -- authorizes the COUNTY to own, operate and
maintain the sanitary sewer system (System) within the CITY as a public utility. For
the purpose of this Agreement the terminology "System" shall mean all publicly owned
sewers, manholes, appurtenances, and pumping stations within public rights of way or
Within public easements within the CITY.
NO.453 0003
06/132003
1 -8
rage 3 of 10
14:38 WITHERSPOON KELLEY 4 9P9211008
.i_13 of of S okane Valley 14324\Interlocal
ts\WastewaterA2 eement - REDLINE 6.13.03 doc
1 -2 The CITY shall grant a franchise to the COUNTY for use of CITY public right of way
for the purpose of providing said sanitary sewer service. There shall be no cost to the
COUNTY for said franchise. In retum for the franchise and the right to maintain the
S stem the CO , , shall not enact or i n • ose an tax . n t • ss revenues gene .ted
b the S stem within the CITY •urs t • t to ' W 36.94.160.
1 -3 The CITY shall adopt the provisions of Spokane County Code Chapter 8.03 ( "Sewer
Code ") in its entirety. The CITY shall inav adopt future revisions made by the
COUNTY to Spokane County Code Chapter 8.03 within 90 calendar days of the date of
adoption by the COUNTY. otbin_ contain:. here'n sh 1 •revc't the Ci Council
m exercisinits legislative discretion to amen the Sewer Code as
deemed reasonably ecessa to erve the . est interests o the CITY.
1-4 The CITY delegates authority to the COUNTY to enforce the provisions of Spokane
County Code Chapter 8.03 within the CITY. COUNTY shall administer bill collect
and account for all charges and service fees related to the System. CITY shall be
responsible for initiating any civil and/or criminal litigation for enforcement through its
own legal counsel. An in • ection activities en2inee " • , services . e or other action
taken by the CITY to enforce or monitor comp liance with the Sewer Code or p rovide
nefit to the S stem shall first be referred to the COUNTY or a on 1' the event the
CITY takes action identified ab ove or tak action to benefit the System, including but
not limited to surve s_ studies or oro a ac•uisitio. the COUNTY shall corn
the CITY for its reasonable co
.-
and obli
lions. See R
36.94.170.
1 -5 All permits issued by the COUNTY for connection to the System shall be reported to
the C1TY. The COUNTY will direct sewer installers to the CITY for permits to work
in the CJTY rights of way. CITY shall retain all fees for right of way permits.
1-6 Each year in January, the COUNTY will report to the CITY (i) System extensions
completed for the previous calendar year, (ii) the number of actual connections (ERU)
completed the previous year, and (iii) the total ERU count for the System within the
CITY.
1 -7 The COUNTY shall be delegated the authority to Administer and enforce connection
requirements to the sewer system, in accordance with Spokane County Code Chapter
8.03. COUNTY shall submit an. annual report in January of each year listing the
number and address of all properties where sewer service is available but which have
not completed the connections to the System.
The COUNTY, through its Board of County Commissioners, will establish, set, and
adopt all rates and charges for the sanitary sewer system. To the maximum extent
possible, rates and charges will be based on cost of service. Prior to setting rates and
charges for the following year, the COUNTY shall present it/sits proposal to the CITY
and attempt to reach agreement on any changes. If the cost of service varies
substantially for a class of customers inside the CI'T'Y compared to outside, differential
rates may be adopted upon agreement of the CITY. If the parties are unable to agree on
NO.453 P004
86/13/2003 14:38 WITHERSPOON KELLEY 4 9P9211008
Page 4 of 10
•
Aereements \WastewaterA
es for CITY customers. the matter shall
: \C \C of
e Valley 14324 1Interloca l
eement -RED 6.13.03 .doc
e subtni ed to mediation..
the rates and cha
e form of the ed a shall be as agreed between the arties.
1 -9 The COUNTY, consistent with RCW 36.94.140 and RCW 35.67.020, shall set monthly
sewer service fees based on the cost of operation and maintenance of the System
including
current costs for treatment of the wastewater. Currently, wastewater
treatment is at the City of Spokane Advanced Wastewater Treatment Facility (SAWTP)
for which the COUNTY has a contract with the City of Spokane for up to 10 million
gallons per day of capacity. The COUNTY shall endeavor to maintain the cost of
treatment capacity, including both present and future capacity required to serve the
CITY, at the lowest practicable cost to CITY sewer users. The COLNTY
ackn wled tes that a • ortion of the above s e w e r ca. = i has been ac aired by the
' es connected to he S stem.
1 -10 CITY and COUNTY agree that the future revenues for new treatment plant capacity,
upgrades of the SAWTP, interceptors and pumping stations will be generated through a
combination of General Facilities Charges (GEC's) and Wastewater Treatment Plant
Charges. CITY agrees that subsidies for GFC's for new development should be
eliminated, and that GFC's should be set at a level to generate adequate revenues to pay
for new treatment plant capacity. COUNTY agrees that surplus revenues (above the
amount necessary to subsidize CFR's) in the reserve funds will be used to offset the
cost of new wastewater treatment plant capacity.
Annually, prior to adoption, the COUNTY will provide the CITY with the proposed
Capital Improvement Plan (CIP) and proposed Capital Facilities Rates (CFR's) for
extension and operation of the System within the CITY.
1 -12 The Co recd that significant revenues from the System have been generated
hySITY properties connected to the System and that those revenues should be used to
benefit the develo. ent and construction of the S stem and treatment )ant facili
development or u r • e des i• ed to s e the C Attached is an ex "b 't showin
the rest . ala ce the Sewer Funds the assets and liabilities of the System and the
funds available and dedicated to development of the System (and treatment facilities) to
serve the CITY.
SY O/ki 2 PLANING, DESIGN, AND CONSTRUCTION OF SEWERS
2 -1 The COUNTY will update the Spokane County 2001 Comprehensive Wastewater
Management Plan (Plant) as necessary to conform to the of Spokane Vallee
Comprehensive (land use) Plan and make when revisions to Plaza policies asce
necessary.
2 -2 The COUNTY shall be responsible for diligently pursuing ) completion
of the in
sanitary sewer system and septic tank elimination proms
the Plan and the Six Year Sewer Construction Capital Improvement Program, as
NO.453 P005
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_ ! ! e:1C\City of Spokane Vallev 143241Interlocal
AoreementslWastewater .Agreement- REDLTNE 6.13.03.doc
amended annually. This responsibility shall include the planning, design, and
construction of new sewers, as identified in the Plan, within the System through the life
of this Agreement
2-3 The COUNTY may extend the System to areas outside of the CITY, provided that
adequate sewer capacity is maintained to serve properties within the CITY. Extension
of sewer service outside of the C1TY shall not cause additional costs to accrue to CITY
sewer users.
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2-4 The COUNTY shall restore all CI'T'Y streets, in which sewer construction takes place,
with full width reconstruction of the street base, surface and drainage to standards
approved by the CITY, which standards shall not be less than the standards adopted and
applied by the COUNTY prior to incorporation. The CITY shall pay for all additional
costs to provide full width pavement, beyond the normal trench width pavement
replacement:.( Width= 1.8x Depth) At the beginning of each construction season,
COUNTY staff in collaboration with CPT"Y staff will evaluate the condition of streets
and roads within the CITY, and determine the scope and cost for full width pavement in
that year's projects_ Full width pavement will not be included in the construction
projects for the next construction season until the CITY and COUNTY staffs' agree, in
writing, to the scope and budget for full width paving. During the construction period,
COUNTY will provide monthly invoices to the CITY for the frill width paving
completed, and CITY shall provide payment to the COUNTY within 30 calendar days.
2 -5 The COUNTY shall continue to actively pursue grants and low interest loans to offset
costs of the sewer construction program. Grants and loans shall be applied
proportionally to COUNTY sewer customers outside and inside of the C1TY.
2 -6 The COUNTY will pursue the reauthorization of the Aquifer Protection Area Fees as
provided for in Chapter 36.36 RCW to reduce the cost of sewers to users of the System.
The CITY shall passconsider -a resolution to support this effort to obtain additional
funds to reduce the cost of sewers to City residents and properties.
2 -7 The COUNTY shall continue to provide a subsidy to the cost of Capital Facilities Rates
using the computational method currently in effect, within the limits of available funds
for the subsidy. A copy of that method is attached hereto as Attachment "A" and
incorporated herein by reference. The COUNTY iatayshall use Sewer Reserve Fund
monies obtained from properties within the CITY or such other sources as the
COUNTY may elect to fund this subsidy. For the purpose of this Agreement the
terminology "Sewer Reserve Fund" shall mean those monies reflected in Budget Funds
403 and 436, indicated as Beginning and End Fund Balances. Sewer Reserve Funds are
for authorized sewer uses and APA program uses, and are not solely for the subsidy of
Capital Facilities Rates. The CITY will not be obligated to contribute any additional
funds to this subsidy
SECTION 3: WASTEWATER'IEEATMENT PLANT CAPACITY
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06/13/2003 14:38 WITHERSPOON KELLEY 4 9P921100B
:ICICi of • •kane Valle 14" 411nterlocal
AmgmentslWaste ater 3.03.doe
3 -1 The CITY and COUNTY agree to work jointly to plan for the future wastewater
treatment capacity needed by the CITY and by the COUNTY for unincorporated areas.
Such planning shall include the possibility of a regional system to provide capacity to
the City of Spokane, the COUNTY, the CITY, and other governmental units. This
Agreement does not serve as approval by the CITY of the Wastewater Treatment plan
now being finalized by the COUNTY. Such approval can only result from the above -
referenced joint planning effort and an Amendment to this Agreement, or through a
separate Interlocal Agreement.
T111.�eeffi a
t-
Areemert:
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SECTION 4: NOTICE
Ali notices or other communications given hereunder hall be deemed given on: (1) the day such
notices or other communications are received when sent by personal delivery, or (ii) the third day
following the day on which the same have been mailed by first class delivery, postage prepaid
addressed to COUNTY at the address set forth below for such Party, or at such other address as
COUNTY shall from time-to -time designate by notice in writing to the other PARTIES:
COUNTY: Spokane County Chief Executive Officer or his/her authorized representative
1116 West Broadway Avenue
Spokane, Washington 99260
cti —
CITY: City of Spokane Valley City Manager or his/her authorized representative
Redwood Plaza
11707 East Sprague Avenue, Suite 106
Spokane Valley, Washington 99206
SECTION 5: COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which, when so
executed and delivered, shall be an original, but such counterparts shall together constitute but
one and the same.
SECTION 6: ASSIGNMENT
No party may assign in whole or part its interest in this Agreement without the written approval of
all other PARTIES.
SECTION 7: LIA.BILXTY
(a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees,
or any of them 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
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kane Valle 1 "2411nte
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omission of COUNTY, its officers, agents and employees, or any of them 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 CITY, COUNTY shall defend the same at its
sole cost and expense; provided that CITY 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 CITY, and its officers, agents, and employees, or any of them, or jointly against
CITY and COUNTY and their respective officers, agents, and employees, COUNTY shall
satisfy the same.
(b) CITY shall indemnify and hold harmless COUNTY and its officers, agents, and employees,
or any of them 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 CITY, its officers, agents and employees, or any of them 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 COUNTY, CITY shall defend the same at its
sole cost and expense; provided that COUNTY 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 COUNTY, and its officers, agents, and employees, or any of them, or jointly
against COUNTY and CITY and their respective officers, agents, and employees, CITY shall
satisfy the same.
(c) The foregoing indemnity is specifically intended to constitute a waiver of each party's
immunity under Washington's Industrial Insurance Act, Chapter 51 RCN, 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.
(d) COUNTY and CITY agree to either self insure or purchase polices of insurance covering the
matters contained in this Agreement with coverages of not less than $5,000,000 per occurrence
with $5,000,000 aggregate limits including for ENGINEERS professional liability and auto
liability coverages.
SECTION 8: RELATIONSTQP OF TEE PARTIES
The PARTIES intend that an independent contractor relationship will be created by this Agreement.
No agent, employee, servant or representative of COUNTY shall be deemed to be an employee,
agent, servant or representative of C1TY for any purpose. Lilewise, no agent, employee, servant or
representative of CITY shall be deemed to be an employee, agent, servant or representative of
COUNTY for any purpose.
SECTION 9: MODIFICATION
This Agreement may be modified in writing by mutual written agreement of the PARTIES.
SECTION 10: DURATION
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06/13/2003 14:38 WITHERSPOON KELLEY 4 9P9211008
This Agreement shall be effective as of the date set forth herein above and shall continue until
terminated by mutual consent of both the CITY and COUNTY.
SECTION 11: TEER NATION
This Agreement may be terminated e by €o al-eensent -ef -beth the CITY a ®UNITY
on twe ve 2 months advance written n•tice. If the CITY and COUNTY agree to a transfer
of .row' facilitie and - ui. melt . suant to RCW 36.94.180 ;termination shall be
accomplished by execution of a formal Termination Agreement. The Termination Agreement
shall address transfer of assets, transfer of employees, transfer of fund balances, establishment of
system value, payments, transfer of debts, and all other aspects of an equitable termination of this
Agreement. In the event the ie. es are u. able to - - on . the content of the Termination
Agreement the CI m.av ,roceed with an assume of t e S stem tbrou b ' CW Chutes
35.13A.
In the event that the CITY and COUNTY cannot agree on the content of a Termination
Agreement, and prior to a Cl7 Y assumption both parties agree to appoint a mutually acceptable
mediator to attempt to resolve all disagreements regarding the content of a Termination
Agreement.
SECTION 12: PROPERTY ANT) EONIPNLENT
The ownership of all property and equipment utilized by the COUNTY under the terms of this
Agreement shall remain with the COUNTY - pe a oo- - ' er
co p.
SECTION 13: ALL WRITINGS CONTAINED iLERETNfBINDING Ekna.CT ,
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.
This Agreement shall be binding upon the PARTIES hereto, their successors and assigns.
SECTION 14: VENUE STIPULATION
This Agreement has been and shall be construed as having been made and delivered within the
State of Washington and it is mutually understood and agreed by each party that this Agreement
shall be governed by the laws of the State of. Washington both as to interpretation and
performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this
Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction
within Spokane County, Washington.
SECTION 15: SEVERABILITY
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It is understood and agreed among the PARTIES that if any parts, teams 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 such statutory provision.
SECTION 16: RECORDS
All public records prepared, owned, used or retained by COUNTY in conjunction with this
Agreement shall be deemed CITY property and shall be made available to CITY upon request by
the CITY Manager. COUNTY will notify CITY of any public disclosure request under chapter
42.17 RCW for copies or viewing of such records as well as the PROSECUTOR'S response
thereto.
SECTION 17: 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 18: STAT JONARY
CITY agrees COUNTY will use COUNTY'S stationary in conjunction with meeting its
responsibilities under the terms of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year opposite their respective signatures.
DATED: BOARD OF COUNTY COMMISSIONERS
OF SPOKANE, COUNTY, WASHINGTON
ATTEST:
VICKY M. DALTON
CLERK OF THE BOARD
BY:
Daniela Erickson, Deputy
Page 9 of 10
JOHN ROSKELL EY
PHILLIP.D. HARRIS, Chair
M. KATE MCCASLIN
kane alle 143241Interlocal
NO.453 Q,010
06/132003 14:36 WITHERSPOON KELLEY 4 9P9211008
DATED:
Attest:
Acting City Clerk
Approved as to form only
Acting City Attomey
Page 10 of 10
Eleat-Dr-aft-Vefsion-it6 May 20, 20030:10Ci f S okazze Vallev 14324 \Inter/ ca!
A_a ements \Waste%,aterA•M eernent- REDLINE 6. 3.03.doc
CITY OF SPOKANE VALLEY:
By
Yts:
(Title)
1[0.453 P011
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
RESOLUTION NO. 03-039
•
A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON,
ACCEPTING THE CONVEYANCE OF PARK PROPERTIES FROM SPOKANE COUNTY
INCLUDING THE ASSUMPTION OF ALL DUTIES AND AUTHORITY RELATED THERETO.
WHEREAS, the City of Spokane Valley incorporated on March 31, 2003;
WHEREAS, Spokane County desirous of transferring to the City of Spokane Valley Spokane
County park properties including land and improvements located within the City for the purpose of
providing recreational opportunities to the City residents, visitors and guests;
WHEREAS, the parties have executed a "Interlocal Agreement between Spokane County and the
City of Spokane Valley Relating to the Ownership, Funding, Operation and Maintenance of Parks, Open
Space, Recreation Facilities and Programs" ("Interlocal Agreement ") with one of the purpose to provide
for the transfer of park property from the County to the City; _
WH:ERE,AS, the County is making the transfer of park properties for an in consideration of the
promises covenants and consideration set forth in the Interlocal Agreement; and
WHEREAS, as a condition of the conveyances, the City agrees to maintain the park properties i.n
conformance with conditions imposed upon the properties through the conveyance documents as well as.
the Interlocal Agreement.
NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County,
Washington, as follows:
The City of Spokane Valley accepts from Spokane County the conveyance of the following park
properties for and in consideration of the matters set forth in the Interlocal Agreement with the intent to
use, maintain and improve the same for.the public benefit. The park properties are:
1. Mertle Point.
2. Opportunity Township Hall.
3. Valley Mission Pool.
4. Valley Senior Center.
5. Valley Mission Park.
6. Valley Mission Park (South).
7. Balfour Park.
8. Brown's Park.
9. EdgecliffPark.
10. Western Dance Center.
11. Sullivan Park.
12. Mirabeau Point Park.
13. Park Road Park.
14. Park Road Pool. .
15. Terrace View Park.
16. Terrace View Pool.
17. Castleview Park.
C:1Documcnts and Scttings\cbainbridge\My DocurnentstResolutions120031Resolution 03 -030 Park•Property.DOC
The City agrees to operate, maintain and use the park properties consistent with conditions, if any,
imposed upon the property through Interlocal Agreement and conveyance document. The City Council
hereby accepts the grant, conveyance and transfer of the above identified properties and authorizes the
City Manager to execute all necessary documents to complete the conveyance and assume ownership and
control of the park properties within the City of Spokane Valley.
ATTEST:
Adopted this day of June, 2003.
Christine Bainbridge, City Clerk
Approved as to Form:
Stanley M. Schwartz, City Attorney
City of Spokane Valley
Mayor Michael DeVleming
C:IDoc:urnents and Scttings\cbainbridge \My uocunic s \Resolut ons120031Resolution 03 -030 Park Prapertv.DOC
05.06'003 13:22 441 THERSPOON KELLEY 9P9211008
Return to: Daniela Erickson
lik tf the Board
1116 West Broadway
Spokane, wasbinetan99260
DRAFT
1 INTERIOCAL AGREEMENT BET' !FEEN SP0ICANE COUNTY
2 AND THE CITY OF SPOKANE VALLEY RELATING TO THE OWNERSHIP,
3 FUNDING, OPERATION AND MA1NTE+ A -DICE OF PARKS, OPEN SPACE,
4 RECREATION FACILITIES A..ND PROMS
5 -
6 TBIS AGREEMENT, made and entered into by and between Spokane County, a political
7 subdivision of the State of Washington, having offices for the transaE Lion of busine s at 1116 West
8 Broadway, Spokane Washington 99260, hereinafter referred to as "COUNTY," and the City of
9 Spokane Valley, a municipal corporation of the State of Washington, having offices for the
10 transaction of business at the Redwood Plaza, 11707 Bast Sprague .Avenue, Suite 106, Spokane
11 Valley, Washington 99206, hereinafter referred to as "CITY" jointly hereinafter referred to as the
12 "1A.lRTIF.'T
13
14 WITNESSETH
15
16 WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board. of County
17 Coramissi inn er referred to as "BOARD : - has the care of County property and the i
18 management of County funds and business; and
19
20 WHEREAS pursuant to the provisions of chapter 39.34 RCW, two or more public
21 entities may jointly cooperate between each other to perform functions which each -nay
22 individually perform; and
23
24 WHEREAS, pursuant to the provisions of RCW 35.02.225, a newly incorporated city
25 may c ontract with a county to provide esse1Iial services; and
26
2.7 WHEREAS, all local governmental authority and jurisdiction nth respect to-the newly
28 incorporated area transfers from Spokan.e County to the City of Spokane Valley upon the official
29 date of inxcoiporation and
30
31 AREAS, the City of Spokane Valley desires to own, operate, and maintain parks,
32 open space, recreation facilities gad programs within its boundaries which were previously
33 owned, operated andlor maintained by Spokane County; and
34
Page 1 of 414.
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NO.352 D0132
OS/06/2003 13:22 WITHERSPOON KELLEY 4 9P9211008
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'WHEREAS, Spokane County desires to divest itself of ownership, operation,
maintenance and financial responsibility for parks, open space, recreational facilities and
programs inside the boundaries of the City of Spokane Valley; and
WHEREAS, it is in the best interest of the public that the City of Spokane Valley and
Spokane County take appropriate actions to ensure a smooth transition in the ownership,
operation and maintenance of parks, open space, recreational facilities and programs to avoid
disruption of service.
NOW THEREFORE for and in consideration of the mutual promises set forth hereinafter, •
the PARTIES do mutually agree as follows:
SECTION NO. 1: CONVEYANCE
1.1 COUNTY shall convey to CITY by individual quit claim deed in "as -is condition" all of its
rights, title and interests, and when possible assign any leasehold interest, license, easement I
or shared use responsibility, in the parks, open space(s) and recreation sites, hereinafter
collectively referred to as "Properties," or individually referred to as "Property," listed in
subsection 12 hereinafter, as well as all personal property permanently affixed thereto such
as buildings. pools. play equipment and ball field improvements. Consideration for each 1
transfer will be $1.00 and other consideration more particularly described hereinafter.
1.2 The Properties to be transferred include:
Myrtle Point
Opportunity Township Hall
Valley Mission Pool
Valley Senior Center
Valley Mission Park
Valley Mission Park (South)
Balfour Park
Brown's Park
Buttercup Park
Edgecliff Fark
Western Dance Center
Sullivan Park -
DRAFT
6/6/200364129;',35/13,
Mirabeau Point Park
Park Road Park
Park Road Pool
Terrace View Park
Terrace View Pool
Castle Park
PARTIES recognize that the COUNTY acquired Properties with public funds and also from
private gills/donations. CITY agrees to comply with any conditions imposed upon
COUNTY by its use of public funds in acquisition or improvement of any Property or
conditions imposed on private donations used to acquire or improvement any Property.
A condition precedent to the transfer of any Property which the COUNTY acquired or
improved with grant moneys from the Washington State Interagency Committee for Outdoor
Recreation ("IAC ") will be (i) CITY'S adoption of a Park Plan and (ii) IAC'S approval of the
transfer. CI['Y agrees to timely adopt a Park Plan and apply for LAC approval of the Park
Plan.
Page 2 of 111414
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t_RI2-0t.O6111
NO.352 P003
06 13:22 1 THERSP00i ! KELLEY 4 9P5211r06
DRAFT
1 A condition reccdent to the transfer of Buttercu Park is - approval by the Department of
2 Ecolo
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4 Each Party shall pay its own eccpouses in conjunction with the transfer of Flay Property
5 i c.hidirg but not limited to fees and expenses of agents, representatives, counsel and
6 accountants.
7
8 Closing costs shall be apportioned according to custom in Spokane County. -
9
10 ALTA Title insurance shad be at the sole cost of CITY.
11
12 ?ARIES shall mutually agree to a closing date for any Property. Provided, however, the
13 closing date(s) shall not affect CITY'S oblation to maintain, operate, repaix, and improve
14 the Properties as of April 1, 2003.
15
16 To the ex required by existing a Bement between COUNTY and third palsies or way
17 recorded documents, (1) CITY agrees and covenants to own, operate and maintain the
18 Properties, as public parks, public recreational faoilitiez, and/or public open spaces
19 / pectively and (2,Lerryr may trade any Property or part thermf for another public park,
20 public recreational property. and/or public opm space of equal or greater value- Transfers of
21 any Property initi.ally acquired by COUNTY with moneys from Washington State
22 T xteragcncy Committee for Outdoor Recreation will require 1AC approval.
23
24 CITY agrees and covenants that it will not in any way limit or restrict access to and use of
25 any Property by nou-CITY residents. excep[ where title was tat. can l r COUNTY in a
2.6 proprietary capacity:.
27
2$ CITY agrees and covenants that any and all user fees, including barges ,Wade by any lessees,
29 ooncesszionai.res, s ,vice providers and/or other assignees, shall be at the same rate for ne+n-
30 CITY reside as for the residents of CITY.
Y.
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32 COUNTY represents and waits that -it has provided to CITY all information and
33 documentation it is awarc of or has in its possession regardlaa tli,e orae es including but
34 not limited to the o tj rshig, encar,trance, maintenance, operations and limitations on tills
35 use or conveyance thereof.
36
37 sEcTIori NO. : RESPONSIBILITY FOR OPERATION, PvIAINTENANCE, REPAIRS,
38 RO'NIS, AND RECREATION SERVICES
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40 2.1 As consideration for COUNTY'S ag ement to convey the Properties, CITY agrees to
41 assume full and complete responsibility for all maintenance, opiion, repair, improvement
Page 3 of 141
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NO.352 172,04
06'06'2003 13:22 WITHERSPOON KELLEY 4 9P921100B
1 and provision of recreation services on such Properties, to include facilities thereon, as of
2 April 1, 2003.
3
4 2.2 CITY contracts with COUNTY to maintain and operate the Properties listed in Section No. 1.2
5 on and after April 1, 2003 under the terms and conditions specified hereinafter. It is the intent
6 of the PARTIES that such responsibilities be consistent with the CITY'S Council Manager form
7 of government provided for in chapter 35A.13 RCW.
8
9 2.3 Base Level Services. Acting solely as an independent contractor on behalf of CITY,
10 COUNTY will provide routine park maintenance and operation services for the Properties
11 listed in Section 12 above at that level and standard provided by the COUNTY or, its agents
12 to each individual Property in calendar year 2002. This level of service is hereinafter
13 referred to as `base level service."
14
15 CITY and COUNTY a ee CITY will collect all income from all sources on the Properties.
16 COUNTY shall turn over to CITY all of COUNTY'S books and records concerning the
17 same, including books of account and ledgers. together with all income presently b.eld by
18 COUNTY, includin security d • osits and shall rovide CITY with a full accountii c• of all
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27 a) Ern 'Loving, dischar°ina and .a n0 all •ersons providin! base level service or otherwise
28 employed by COUNTY in the management and operation of the :properties;
29 fib) Purchasing all materials and supplies necessary for the maintenance and operation
30 services to the Properties:
31 c Contracting for and su ervisin the making of all r • airs and alterations necess
32 perform the maintenance and operation services:
33 (d) Managing the Properties in full compliance with all laws and regulations of any federal,
34 state. county or municipal authority having jurisdiction over the Properties;
35 e Assisting CITY as needed in ac•uirin4 all necess insurance on the Properties
36 includi.no but not limited to
37 insurance.
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39 COUNTY shall refer any third part' contacts with respect to renewal or new operations,
40 leasing, licensin- or concessions on any of the Properties to CITY u on recei t and shall
41 cooperate with CITY in the creation of any such relationship with said contacts. In the event
such funds through date of c_ elivery.
COUNTY, in the performance of its maintenance and operation services, shall. to the best of
its ability, comply with and ensure compliance with all federal. state and local laws.
ordinances. codes, rules and regulations applicable to the operation and maintenance of the
Properties. With respect to the maintenance and operation of the Pro perties, COUNTY'S
services will include but not be limited to the following:
ublic +ro ert liabili , fire and extended covera• e
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NO.352 V005
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6/6/2003 r 003 13/20 ,
1 CITY enters into any leases. licenses. concessions or other similar arranszemcnts the
2 PARTIES shall discuss incorporation of the same into this Agreement.
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17 CITY reserves the o•tion of .lacin: an ositicas as depicted in Attachment "A ". In the
18 event CITY exercises that option C1TY shall_ii) provide a minimum sixtyfifte (60?4)
19 calendar days written notice to COUNTY, in accordance with Section 5, and (ii) assume
20 res•orrsibili of .rovidina ersonnel for said osition at CITY'S sole cost and ex•ense.
21 CITY and COUNTY shall adjust this contract to reflect CITY's assumption of said costs
22 reduction of payments to COUNTY for said services and/or position..
23
24 COUNTY is only required to perform maintenance and operation services on the Properties
25 listed in Section 12 as those Properties were improved as of the 12:01 A.M. April 1, 2003,
26 the CITY's official date of incorporation. COUNTY and CITY anticipate that there may be
27 further improvements made to these Properties by CI"T"Y which will require additional
28 maintenance. CITY agrees to pay COUNTY for any increased maintenance costs to any
29 Property, regardless of the funding source of the improvement, due to any improvement
30 thereto. .
31
32 2.4 Extra or Enhanced Services. Acting solely as an independent contractor on behalf of CITY,
33 COUNTY will provide services above base level services upon written request from CITY
34 and mutual agreement as to any increased costs for such service. Such additional services are
35 hereinafter referred to as "extra or an enhanced services."
36
37 2.5 Construction of Mirabeau Meadows Park. COUNTY agrees to complete the construction
38 of Mirabeau Meadows Park. For the purpose of this Agreement, the terminology
39 "construction" shall include (1) preparing bid document(s) for the Project (Mirabeau
40 Meadows), (2) awarding the Project pursuant to County public works laws; (3) construction
41 management of the awarded Project; and (4) acceptance of the completed Project. COUNTY
42 has already prepared bid documents denominated as Project No. P3993. COUNTY agrees
CITY shall enforce all the terms and conditions of any applicable income producing
a einent, written or oral, durin • the term of this A - eement.
COUNTY shall provide CITY access to all of COUNTY'S books and records relating to the
Properties. including books of account and ledgers. 'l1
the COUNTY shall deliver all the books and records relating to the Properties to CITY and
provide CITY with a full accounting of all Properties' ex.enditures and funds through the
date of termination and delivery.
C1TY may request adjustments to individual tasks associated with base level service in order
to meet specific needs. COUNTY shall consider all such requests and, whenever reasonably
practicable, alter the work program as necessary.
on the terrnination of this A
eernent.
Page 5 of 1444.
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s Gi l ,p nr. Vat's' id. .12411n[trinrnl 'IvornentlIP.tr►311ntTrkCal A �•12L.2.- 0�.- (!$.03.glOC ' "'
NO.352 P006
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1 riot to av,faxd Project if the bid of lowest responsible bidder exceeds $1.4 Million without
2 consultation and approval by CITY.
3
4 The cost of the Mirabeau Meadows Park construction will be funded solely using a portion of
5 State Grant aNTERGOVERNMENTAL AGREEMENT) 442 - 99300-018 estimated at $1.4
6 Dl;1Iion. No COUNTY money will be used-
7
8 2.6 Oversee Design of NTirabeau Point Center Place Facility_ `ac "). County awes
9 only to oversee the design of Mirabeau Point Center Place Facility (Tacility ). All future
10 phase(s) of the Facility will be the sole responsibility of the CITY. For the purpose of this
11 ,Agreement, the terminology "oversee the design" shall mean employment of an architect to
12 design the Facility and payment for services solely from State Grant
13 (INTERGOVERNMENTAL AGREEMENT) 002- 99300 -01S. No COUNTY money► will be
14 used for the design ofFarility. COUNTY has employed Tan Moore Architects under Project
15 Agreement No. P3983 to design the Facility. COUNTY will coordinate with CITY all major
16 decisions with respect to the design of the Facility; however, uliraanate decision making
17 authority shall be CITY'S.
18 —..
19 The cost to design. Mirabeau Point Center Moe Facility will be funded solely using a portion
20 of State Grant (1 TERGO AL ACRE E VON`S) #02.99300 -018 estimated at
21 $500,000_ If there are funds remaining in the State ,rant (NTERGOVERNKEN'TAL
22 A REEM N`r) 02- 99300 -01S upon completion of the Mirabeau Meadows Park
23 construction and Mirabeau mint Centex Place Facility design, COUNTY staff will work with
74 Cif y staff to allocate unused grant moneys for c mpietionlconstruction of other elements of
25 the Mirabeau Point Park Master Plan.
26
27 Separate from the Grant Funds allocated for design of the Mirabeau Point Center Place
28 Facility, the COUNTY has set aside $1 4 million for the construction of Mirabeau Point
29 Center Place Facility. COUNTY agrees to make this money available to CITY in the event
30 CITY elects to proceed with construction of Mirabeau Point Center Place Facility not in a
31 lump sure, but as necessary to pay consultants anc1 contractors for services completed_
32 COUNTY shall retain any and all interest 011 the $1.4 million.
33
34 COUNTY shall not have an obligation to operate or maintain either the Mirabeau Meadows
35 Park or Mirabeau Point Cadet Place Facility after theme completion until the PALM S
36 mutually agree as to all increased operation and maintenance costs in accordance with
37 Section 2.3 above.
38
39 2.7 Valley Mission Pvo4 COUNTY has set aside S1.6 million for the construction of au aquatio
40 facility intended to replace the Valley Mission Pool. COUNTY originally proposed a
41 replacement pool to be located at Valley Mission Park (South). The design of the new pool
42 has been completed. However, upon the vote to incorporate CITY, COUNTY opted to defer
Page 6 0/141414
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1 1 1 2
ND .352 DOW
1 construction of the new pool. COUNTY agrees to (i) transfer the complete plans for the new
2 Valley Mission Pool to CITY and (ii) to make available to CITY $1.6 million for
3 construction of a new pool at that location as determined by CITY and using the design
4 completed or another designed as approved by CITY. COUNTY agrees to transfer plans for
5 said pool to CITY upon execution of this Agreement $1.6 million will be retained by
6 COUN TY and paid to CITY as needed by CITY to pay consultations and contractors in
7 conjunction with design/construction of a new pool. COUNTY shall retain any and all
8 interest on the S1.6 million.
9
10 SECTION NO. 3: DURATION
11
12 This Agreement shall commence at 12:01 A.M. on April 1, 2003 and terminate at 12:00 P.M. on
13 December 31, 2004, unless tem1inated as provided for in Section 10. This Agreement shall be
14 effective upon signature by both PARTIES.
15
16 SECTION NO. 4: COST OF SERVICES
17
18 CITY shall pay COUNTY the actual costs for base level services described herein and provided by
19 COUNTY to the Properties. For 2003 the costs of such base level services shall not include
20 equipment depreciation on equipment owned by COUNTY. The COUNTY, at its sole discretion
21 may include such equipment depreciation of equipment for calendar years 2004. The estimated cost
22 for 2003 base level services is SIX HUNDRED FOURTEEN F`T T THOUSAND
23 O\TER\'4 HUNDRED THIRTY -TWO DOLLARS and 31100 ($614.132.325-3,210.10). The
24 methodology used to calculate the cost of providing CITY'S base level services is set forth in
25 Attachment "A," attached hereto and incorporated herein by reference. This methodology
26 contemplates that the CITY retains all fees/revenues collected from Properties and facilities.
27 Further, CITY shall be responsible for all costs/assessments associated with ownership of park
28 properties/facilities including but not limited to electricity, sewer, water, gas, garbage, telephone,
29 and taxes. Said costs are separate from the estimated costs to provide base level services in 2003
30 as described herein.
31
32 In 2004, the PARTIES acknowledge that the estimated costs will automatically increase based
33 upon salary adjustments to include cost of living increases ( "COLA") granted by the BOARD,
34 increased costs provided for in a Collective Bargaining Agreement, and increased costs for
35 various items set forth in Attachment "A." COUNTY will prepare an estimated cost for 2004
36 base level services using the same methodology as set forth in Attachment "A." This estimate
37 will be provided to CITY on or before October 31, 2003. This estimate will be used for the
38 purposes of 2004 billings.
39
40 COUNTY will bill CITY for the estimated cost of services, monthly, during the first week of the
41 month. For calendar 2003, the estimated cost of $61 13 2.32349 0 will be divided into nine
42 equal payments of $72,582.23. Payments by CITY will be due by 5 working day of the
Page 7of11114.1
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1 following month. At the sole option of COTJNTY, a penalty may be assessed on any late
2 payment by CITY based on lost interest earnings had the payment been timely paid and invested
3 in the Spokane County Treasurer's Investment Pool.
4
5 At the end of calendar year 2003 and 2004, using actual costs COUNTY and CITY will each
6 determine respectively whether yr not the estimated costs 'were accurate. To the extent that the
7 CITY was over billed in any year, it will receive a redit to be applied as mutually agreed. If the
8 CITE' was under billed, it will receive a debit in the subsequent billing. The adjustment will
9 normally take place in March of the year following the year services were performed but rio later
10 than Tune 30 ( "date of determination"). At the sole discretion of the Uii'Y, in the case of over
11 billing, or the sole discretion of the COUNTY, in the case of an under billing, the party nary
12 request interest on such amount based on lost interest earnings had the under billing amount been
13 invested since the roicl of the calendar year to the date of determination in the Spokane County
14 Treasurer's Investment Pool or the over billing amount been invested since the end of the
15 calendar year to the date of determination in the Washington Cities Investment Pool, M&O
16 items chargeable to the CITY shall be directly attributable and proportionate to services received
17 by City under the terms of this Agreement.
18
19 SECTION NO. 5! NOTICE
20
21 All notices or other communications given hereunder ball be cleaned given on: (1) the day such
22. notices or other communications are received when sent by personal delivery; or (i) the third day
23 following the day on which the carne have been rnailed by first class delivery, postage prepaid
24 addressed to COUNTY at the address set forth below for such Party, or at such other address as
25 COUNTY shall from tirae-to -time designate by notice in writing to the other PARTIES;
26
27 COUNTY: Spokane County Chief Executive Officer or his/her authorized representative
2S 1116 71t st Hroadta'ay Avenue
29 Spokane, Washington 99260
30
31 CITY: City of Spokane Valley City Manager or his/her authorized representative
32 Redwood Plaza -
33 11707 East Sprague Avenue, Suite 106
34 Spokane Valley, Washington 99206
35
36 SEON NO. 6t COUNTERPARTS
37 38 This A- 4a,i ant may be executed in any =tuber of counterparts, each of which, when so
39 coated and delivered, shall be an original, but such counterparts shall together constitute but
40 one and the same,
41
Page 8ofl4
•pI Valle ]
74l1 nlcfdus lA_ enamTSlPsrIs5 ]nF[rinrold4renl -P1.1-06 64S-!]T 1iLd
9dS
NO.352 D0E39
06/06/2003 13:22 1JITHERSPOON KELLEY 4 9P9211008
1 SECTION NO. 7: ASSIGNMENT
2
3 COUNTY may assign any of its responsibilities under the terns of this Agreement so long as the
4 COUNTY remains responsible for oversight and supervision of all responsibilities.
5
6 SECTION NO. 8: LIABILITY
7 (a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees,
8 or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and
9 damages of any nature whatsoever, by any reason of or arising out of any negligent act or
10 omission of COUNTY, its officers, agents and employees, or any of them relating to or arising
11 out of performing services pursuant to this Agreement. In the event tlutt any suit based upon such
12 claim, action, loss, or damages is brought against CITY, COUNTY shall defend the same at its
13 sole cost and expense; provided that CITY reserves the right to participate in said suit if any
14 principle of governmental or public law is involved; and if final judgment in said suit be
15 rendered against CITY, and its officers, agents, and employees, or any of them, or jointly against
16 CITY and COUNTY and their respective officers, agents, and employees, COUNTY shall
17 satisfy the same.
18
19 (b) CrrY shall indemnify and hold harmless COUNTY and its officers, agents, and employees,
20 or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and
21 damages of any nature whatsoever, by any reason of or arising out of any negligent act or
22 omission of CITY, its officers, agents and employees, or any of them relating to or arising out of
23 performing services pursuant to this Agreement. In the event that any suit based upon such
24 claim, action, loss, or damages is brought against COUNTY, CITY shall defend the same at its
25 sole cost and expense; provided that COUNTY reserves the right to participate in said suit if any
26 principle of governmental or public law is involved; and if final judgment in said suit be
27 rendered against COUNTY, and its officers, agents, and employees, or any of them, or jointly
28 against COUNTY and CITY and their respective officers, agents, and employees, CITY shall
29 satisfy the same.
30
31 (c) The foregoing indemnity is specifically intended to constitute a waiver of each party's
32 immunity under Washington's Industrial Insurance Act, Chapter 51 RCW, respecting the other
33 Party only, and only to the extent necessary to provide the indemnified party with a full and
34 cortrplete indemnity of claims made by the indemnitor's employees. The PARTIES
35 acknowledge that these provisions were specifically negotiated and agreed upon by them.
36 purchase polices of insurance covering the
37 (d) COUNTY and CITY agree to either self insure or p P
38 matters contained in this Agreement with coverages of not less than S5,000,000 per occurrence
39 with $5,000,000 aggregate limits including for staff professional liability and auto liability
40 coverages.
41
Page 9 of 141114
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1 SECT ION NO. 9: RELATIONSHIP OF THE PARTIES
2
3 The PARTIES intend that an independent contractor relationship will be created by this Agreement
4 No agent, employee, servant or representative of COUNTY shall be deemed to be an employee,
5 agent, servant or representative of CITY for any purpose. 1cewise, no agent, employee, servant or
6 representative of CITY sha11 be deemed to be an employee, agent, servant or representative of
7 COUNTY for any purpoSe.
8
9 SECTION NO. 10: MODIFICATION AND TERMINATION
10
11 This Agreement may be modified in writing by mutual agreement of the PARTIES.
12
13 Any Party may terminate only the maintenance and obligation of COUNTY set forth in 2.2, 2.3 and
14 2.4 herein for any reason whatsoever upon a minimum of 90 days written notice to the other Party.
15
16 Any Party may terminate this Agreement for breach of any provision concerning the providing of
17 maintenance and operation services or payment of consideration upon thirty days (30) advance
18 written notice to the breaching Party. If the defaulting Party cures the breach to the satisfaction of
19 the notifying Party within the thirty -day (30) time frame or such time frame as is reasonably
20 necessary to cure the default, then the notice of termination shall be void.
21
22 Upon termination, CITY shall be obligated to pay for only those basic level services and extra or
23 enhanced services rendered prior to the date of termination based upon a pro rata allocation of costs
24 to the date of termination.
25
26 SECTION NO. 11: PROPERTY AND EQUIPMENT
27
28 The ownership of all equipment owned and utilized by COUNTY in providing maintenance and
29 operation services under this Agreement or acquired by COUNTY from the consideration by CITY
30 for such maintenance and operation services shall remain with COUNTY upon termination of this
31 Agreement Provided, however, the PARTIES acknowledge that CITY may purchase equipment
32 and provide such equipment to COUNTY to perform such maintenance and operation expenses.
33 The ownership of any equipment acquired by CITY and made available to COUNTY to provide
34 • maintenance and operation services under the terms of this Agreement shall remain with CITY
35 upon termination of this Agreement
36
37 Attached hereto as Attachment `B" and incorporated herein by reference is a listing of certain
38 equipment and machinery that COUNTY presently owns and may use in conjunction with
39 providing maintenance and operation services to CITY under the terms of this Agreement. If the
40 Agreement runs its entire term without termination, COUNTY agrees to transfer to CITY at the end
41 of said term at no cost and in an "as-is condition" those pieces of equipment and machinery listed in
42 Attachment `B" which are still owned by COUNTY. It for any reason, this Agreement is
Page 10 of 1 . 4 44
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re6 /o6 /2erCi 13:22 WITHERSPOONI KELLEY 4 9P9211100
Der
l61206J6'2,L'nL
1 terminated by either Party prior to December 31, 2004 COUNTY agrees to sell to CITY in as "as-is
2 condition those remaining pieces of equipment and machinery listed in Attachment E'13" which are
3 still owed by COUNTY for Fa 19,7 Y THOI SA iD DOL1-rAR. ($50,000.00).
4
5 SECTION NO. 12: GENERAL T LAMS
6
7 This Agreement contains terms and conditions agreed upon by the PARTTES. The P ARTIES agree of this
8 that there are no other understandings, oral or otherwise, regarding J ec
9 Ageement, No changes or additions to this Agreement shall be valid or binding upon the
10 PARTIES unless such change or addition is in writing, executed by the PARTIES.
11
12 This Agreement sha] C be upon the PARTIES hereto, their successors and assigns.
13
14
15
16 SECTION NO. 13; VENUE STIPULATION
17
18 This Agreement has been and shall be construed as having been made and delivered within the
19 State of Washington and it is mutually understood and agreed by each Party that this Agreement
20 shall be governed by the laws of the State of Washington both as to interpretation and
21 performance. Any action at law, suit in equity of judicial proceeding for the enforcement of this
22 Agreement, or any provision hereto, shall be h ststutcd only in courts of competent jurisdictio
23 within Spokane County, Washington.
24
25 SECTION NO. 14: SEVERABILM
26
27 It is understood and agreed among the PARTIES that if any parts, terns or provisions of this
28 Agreement are held by the courts to be illegal, the validity of the rernaining portions or
29 provisions shall not be affected and the rights and obligations of the PARTIES shall not be
30 aff in regard to the remainder of the Agreement- If it should appear that any part, term or
31 provision of this Agreement is in conflict with may statutory provision of the State of
32 Washington, then the part, term or provision thereof that may be in conflict shall be deemed
33 inoperativu and null and void insofar as it may be in conflict therewith and this Agreement shall
34 be deemed to modify to conform to such statutory provision,
35
36 SEC ON NO.1. HEADINGS
37
38 The section headings appearing in this AT have been inserted solely for the purpose of
39 convenience and ready reference. In no way do they purport to, and shall not be deemed to
40 define, limit or extend the scope or hated of the sections to which they pertain-
41
42 SECTION NO. 16: REPRESENTATIVES
Page 11 of 1 4 { L.a na.o� age
Oj L l s of $rri�aC F III:; I¢3dq�l aterLacll '� �crncn l3'P7f� fnPO ^' -
-- . 5 ...... y .one
INO.352 P012
06/95/2003 13:22 WITHERSPOON KELLEY 4 9P9211008
DRAFT
6/6/2003&6404-354-3 = I
1
2 COUNTY hereby appoints the Spokane County Parks and Recreation Director or his/her
3 designee for the purpose of administering the terms of this Agreement. CITY hereby appoints
4 the City Parks and Recreation Director or his/her designee for the purpose of administering the
5 terms of this Agreement. Each PARTY'S representative agrees to meet on a monthly basis or as
6 necessary to address COUNTY'S provision of basic level services or extra/enhanced level
7 services under the terms of this Agreement. In the event there is a disagreement between the
8 PARTIES, it shall be forwarded to the COUNTY CEO and CITY Manager for resolution.
9
10 Spokane County Parks and Recreation Director or his/her designee agrees to attend staff
11 meetings as requested by the CITY Manager.
12
13
14
15 SECTION NO. 17: REPORTING
16
17 COUNTY, through the Spokane County Parks and Recreation Director or his/her designee shall
18 provide a mutually acceptable quarterly report to CITY that will contain information relating to
19 services performed under the terms of this Agreement during the preceding quarter.
20
21 SECTION NO. 18: STAFFING
22
23 COUNTY shall have the sole right and responsibility to hire, assign, retain and discipline all
24 employees performing services under this Agreement according to collective bargaining agreements
25 and applicable state and federal laws. COUNTY agrees to meet and confer with CITY with respect
26 to staff are assigned to provide such services.
27
28 SECTION NO. 19: RECORDS
29
30 All public records prepared, owned, used or retained by COUNTY in conjunction with providing
31 services under the terms of this Agreement shall be deemed CITY property and shall be made
32 available to CITY upon request by CITY Managa• COUNTY will notify CITY of any public
33 disclosure request under chapter 42.17 RCW for copies or viewing of such records as well as the
34 COLNTY's response thereto.
35
36 SECTION NO. 20: ASSURANCE
37
38 COUNTY represents and assures CITY that no other city or town will receive more favored
39 treatment in receipt of park maintenance and operation services than that made available to the
40 CITY for similar services.
41
Page 12 of 144
eg- Ae{jr10wrl;nru VnflO% 1432 AI t nor-xi A
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NO.352 P013
06/06/2003 13:22 WITHERSPOON KELLEY 4 0109211008
1 IN WITNESS WHEREOF, the PARTIES have caused this Agreenaeaat to be executed on
2 date and year opposite their respective signatures.
3
4 DATED: BOARD OF COUNTY COMMISSIONERS
5 OF SPOKANE, COUNTY, WASHINGTON
6
7
8 JOHN ROSKELLEY, Chair
9 ATTEST:
10 VICKY M. DALTON
11 CLERK OF THE BOARD PHILLIP P D. HARRIS, Vice Chair
12
13
14 BY: M. KATE MCCASLIN
15 Daniela Erickson, Deputy
16
17 DATED: CITY OF SPOKANE VALLEY:
18
19 Atte • By:
20
21 Its:
22 City Clerk (Title)
23
24 Approved as to form only:
25
26 Acting City Attorney
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
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05/06/2003 13 :22 WITHERSPOON KELLEY 4 9P9211008
1
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NO.352 P015
June 11, 2003
Francine M. Boxer
Spokane County Chief Executive Officer
1116 W. Broadway
Spokane, Wa. 99206
Dear Francine: .
This letter is being written as an update for the County Commissioners- concerning
my discussions with the officials at the new City of Spokane Vall.ey•concerning Plantes
Ferry Park.. I approached the majority of th.e.Council and key business people working
with the new city attempting to develop interest and potential involvement in Plantes
Ferry Park Sports Complex. It is my opinion that the City officials at Spokane Valley
have a genuine .interest in getting involved financially at Plantes Ferry Parka
Because I. am dealing with two government entities I believe a official represent-
ing each entity needs to be appointed to get the discussions moving.
am available for any involvement to help move the project forward. My purpose
in this project is to complete the concession building so the Soccer Association can create
extra dollars to offset the maintenance costs of the soccer complex. Time is of the .
essence and any guidance from the parties would be greatly appreciated.
Respectfully
Gib Brumback
• Project Coordinator,
Plantes Ferry Park Sports Complex
sIbFwonithexci
cc" 2' page .
Brumback Consulting
INCORPORATED
• Development and Marketing
8915 Montgomery, Suite 13 • Spokane, WA 99212 • 509 -924 -3939 • Fax 922 -4439
7
cc: Spokane County Officials:
Phil Harris
Kate Mc Caslin
John Roskeliey'
Marshall Fame!!
Doug chase
Spokane Valley City Officials
Mayor - Michael De Vleniing
Deputy Mayor - Diana Wilhite
Steve Taylor
Gary Schimmels
Richard Munson
Mike Flanigan
Dick Denenney
City Manager - David Mercier
Interim Parks Director - Bill Huntsimpilcr
•
Others:
' Eric Sawyer
George Skidmore — Soccer Association
Cor Van do Meer — Far West. Tournament Director
ne
40 01/alley
Memo
T« Mayor DeVleming & City Council
From William Gothmann, Planning Commission Chair
Date: June 11, 2003
Re: Recommendation — Planning Commission Rules of Procedure
The Planning Commission has reviewed the Planning Commission Rules of Procedure
draft and forward this recommendation of approval with minor modifications. Those
modifications are summarized as follows:
1. Section 8.4 — Meetings: Change the language to read: The recommended
order of business for meetings shall be:" .
2. Section 16.B — Appearance of Fairness: A new paragraph was added by Deputy
City Attorney Cary Driskell after the last Planning Commission review related to ex parte
communications.
3. (New Section) Section 17 — Mandatory Review of Rules: Add a new section
requiring a review of the Rules of Procedure at the one -year anniversary and every two
years thereafter.
am �othmann, Chair
Spokane Valley Planning Commission
1
Planning Commission Recommendation
City of Spokane Valley
Planning Commission
RULES OF PROCEDURE
We, the members of the Planning Commission of the City of Spokane Valley, State of
Washington, pursuant to the City of Spokane Ordinance No. 35, do hereby adopt
and publish the following Rules of Procedure
1. Name
ORGANIZATION AND RULES OF PROCEDURE
A. The "City of Spokane Valley Planning Commission " hereinafter referred
to, as the "Commission" is an advisory body created by the City Council
for purposes consistent with Ordinance No. 35.
2. Location
A. The Commission offices shall be the City Hall of the City of Spokane
Valley.
3. Officers
Unless otherwise required by a vacancy in office, the Commission shall organize
every second year in accordance with Ordinance No 35:
A. Officers of the Commission shall be elected from its membership; the
officers shall be Chair, Vice Chair, and other appropriate officers that the
Commission may choose to approve and appoint by majority vote.
B. The Chair shall preside over the Commission and exercise all powers
incidental to the office, retaining however, the full right as a member of the
Commission to, propose second motions and have a vote recorded on all
matters of the Commission.
C. The Vice -Chair shall, in the absence of the Chair from any meeting,
perform all the duties incumbent upon the Chair, and retain the full right as
a member of the Commission in the same manner as the Chair.
Secretary of the Commission
A. The Director of the Department of Community Development or his /her
designee shall serve as the Secretary to the Commission.
1
8. Meetings
A. There shall be two Planning Commission regular meetings each month.
The meetings shall be held on the 2nd and 4 Wednesdays of the month,
commencing at 6:30 p.m. and ending at 9:30 p.m. until July 31 and
thereafter on the 2 " and 4 Thursdays of the month at the time set forth
above. Meeting ending time can be extended by a majority vote of the
commission. Meetings may be used for general planning matters, study
sessions or public hearings as described below.
1. Meetings on General Planning Matters. General planning matters
to be reviewed by the Commission will be typically be preceded by
a study session of the Commission to discuss the issues with
Community Development Department. staff. Generally, no
testimony from the public shall be taken at a study session.
Public Hearing Meeting. A public hearing is a meeting wherein
general business and public hearing items, such as the
Comprehensive Plan and development regulations are discussed
and decided.
3. Scheduled meetings may be canceled or convened at other times if
deemed necessary by the Chair or, in the absence of the Chair, by
the Vice - Chair. Notice of cancellation shall be given personally to
Commission Members and to the public by posting a notice at
Commission offices.
The recommended order of business for Meetings shall-be is:
(a) Call to order by Chair.
(b) Pledge of Allegiance.
(c) Roll call by recording secretary.
.(d) Approval of Agenda.
(e) Approval or amendment of minutes.
(f) Commission Members Report
(g) Administrative Report.
(h) Commission Business.
a. Old Business
b. New Business
(i) Public Comment
(j) For the Good of the Order.
(k) Adjournment.
B. Planning Commission meetings shall be held in accordance with the
requirements of the Open Meetings Act, RCW Chapter 42.30.
3
4. Please avoid demonstrations, applause or other audience
participation during or at the conclusion of anyone's presentation. It
is distracting to the Commission and persons testifying.
5. These rules are intended to promote an orderly system of holding a
public hearing, to give persons an opportunity to be heard and to
ensure that individuals are not embarrassed by exercising their
right of free speech.
C. When the Commission conducts a hearing to which the Appearance of
Fairness Doctrine applies, the Chair (or in the case of a potential violation
by. that individual, the Vice Chair) will ask if any Commission member
knows of any reason which would require such . member to excuse
themselves pursuant to the Appearance of Fairness Doctrine. The form of
the announcement is as follows: •
All Commission members should now give consideration as to whether
they have: -
(1) A demonstrated bias or prejudice for or against any party to the
proceedings;
(2) A direct or indirect financial interest in the outcome of the proceeding;
(3) A prejudgment of the issue prior to hearing the facts on the record, or
(4) Had ex parte contact with any individual, excluding administrative staff,
with regard to an issue prior to the hearing. Please refer to Section 16(B)
• for more specific information on how to proceed where there has been an
ex parte communication.
If any Commission member should answer in the affirmative, then the
Commission members should state the reason for his /her answer so that
the Chair may inquire of administration as to whether a violation of the
Appearance of Fairness Doctrine exists.
CONDUCTING THE PUBLIC HEARING
The Chair announces the matter and opens the public hearing stating the
date and time.
The Chair allows staff to describe the matter under consideration and
place matters in the public record.
The Chair inquires as to whether Commissioners have any questions of
staff. If any Commission member has questions, the appropriate individual
will be recalled.
5
A Minutes of all meetings shall be kept and the complete files of proceedings
and actions taken in connection therewith shall be considered the public
record and filed with the City Clerk.
The Secretary shall provide the Commission members with a set of
minutes of the previous meeting. These minutes shall be considered for
approval by the Commission at a regularly scheduled public meeting and
upon approval shall become part of the official record of action of the
Commission. Minutes shall also be transmitted as correspondence to the
City Council for general information.
B The assigned City Council Liaison may attend meetings for the purposes
of communications with the Council as set forth in the "CITY OF
SPOKANE VALLEY GOVERNANCE COORDINATION MANUAL".
12. Recording of Meetings
Proceedings of all regular meetings, public hearings and study sessions shall be
recorded and retained.
13. Temporary Committees
The Chair shall have authority to create temporary committees of one or more
members and to - appoint the members to such committees, which may be
charged with such duties as examination, investigation and inquiry into one or
more subjects of interest to the Commission. No temporary committee shall
have the power to bind the Commission to the endorsement of any plan or
program. The Chair may appoint citizens to committees of the Commission.
14. Code of Conduct
A. Prohibited Acts. Members of the Commission are prohibited from:
1. Acting in a manner, which would result in neglect of duty,
misfeasance or malfeasance in office.
2. Acting in a manner that intentionally disrupts Commission
meetings.
3. Missing .six (6) or more regularly scheduled meetings or study
sessions in a 12 -month period without such absence being excused
by the Commission.
4. Using his or her position to secure special privileges or exemptions
for himself, herself, or others.
7
17. Review of These Rules of Procedure
The Planning Commission shall review these rules of procedure on the first
anniversary of their adoption and every other year thereafter. Any amendments
identified by the Planning Commission shall be forwarded to the City Council for review
and ratification.
KNOW ALL PERSONS BY THESE PRESENT:
That the undersigned Secretary of the Spokane Valley Planning Commission does
hereby certify that upon review and majority vote the above and forgoing rules have
been duly adopted by the members of said Commission.
BY:
Date:
Secretary of the Commission
9
Spokane
Vall
Memo
Background
1
To David Mercier, City Manager
From: Greg McCormick, AICP — Long Range Planning Manager
Date: June 12, 2003
Re: CDBG Cooperation Agreement
At the May 6, 2003 City Council study session staff presented information to the Council
regarding the city's options relative to participating in the Community Development
Block Grant (CDBG) Program. As was discussed, the only short term option available
to the city is to participate through the Spokane County CDBG consortium. Council
direction was to place this item on the May 13, 2003 agenda to authorize participation in
the county's program.
The city has two requirements to fulfill in order to be included in the CDBG consortium.
By May 31, 2003 the city must forward a letter to Spokane County and the Housing and
Urban Development (HUD) regional office in Seattle indicating the city's desire to
participate in Spokane County's program. A second requirement of the city is to enter
into a cooperation agreement with Spokane County regarding the CDBG consortium no
later than June 30, 2003.
The city has fulfilled the first obligation of sending a letter of intent to participate to both
Spokane County and the HUD office. The final requirement is to execute the attached
Cooperation Agreement 'and forward it to the county by June 30th. Three issues were
identified during the discussion of the CDBG participation that has been addressed with
county staff. Those issues are: .1) Membership to the Housing and Community
Development Advisory Committee (HCDAC); 2) Level of funding for Spokane Valley
area projects and programs; and 3) Administrative overhead funds held out of the
CDBG funds by the county.
9
Issue 1: County staff advised the city to draft a letter to the Spokane County
Board of Commissioners requesting that the HCDAC by -laws and the county's
consolidated plan be amended to include representation from the City of Spokane
Valley on the HCDAC. The letter should include a recommendation regarding the
number of city representatives on the HCDAC. County staff indicated that in the past
the Valley area had 3 to 5 representatives on the HCDAC.
Issue 2: County staff indicated that CDBG funding is awarded under a competitive
process described in the Consolidated Plan and that earmarking or setting aside a
specific dollar amount for Spokane Valley projects would not be consistent with the
adopted plan. Since 1999 the county has funded a total of $2,327,000 in projects in
Spokane Valley. The single largest project to receive funding is the CAPA program. A
summary of the CDBG funding within Spokane County from 1988 through 2002 is
attached. In 2002 $743,334 in projects were funded in Spokane Valley out of a total
Spokane County CDBG allocation of $1,905,000 or 39% of the county's total funding.
Issue 3: Spokane County is alto y ed, under HUD guidelines, to use up to 20% of
the CDBG funds for administration and overhead costs. Spokane County withholds the
full 20% allowed to cover administration of the CDBG program as well as funding
planning related projects. County staff indicated that the city would have planning
projects associated with the comprehensive plan that may be eligible for CDBG funding
out of the 20% administrative fund. 1
Recommendation
Based on conversations with county
recommends the following:
• Page 2
staff and review of information provided, staff
1. City Council authorizes Mayor DeVleming to sign the cooperation agreement
(attached) with the county. This would allow the city to apply to the county for CDBG
funding of eligible projects.
2. Direct staff to compose a letter to the county commissioners proposing changes
to the county's consolidated plan and the HCDAC guidelines to allow Spokane Valley
representation on the HCDAC.
3. Apply for CDBG funding for appropriate elements of the comprehensive plan
including housing, capital facilities and economic development when the 2004
application cycle begins Fall 2003.
COOPERATION AG1U EM'V 1 NT FOR
CONTIMLTNITY DEVELOPMENT BLOCK GRANT
AND
ROME INVESTMENT" PARTNERSITIP FUNDS
THIS AGREEMENT, made and entered into by and between Spokane County (hereinafter called the
County) and the City of Spokane Valley (hereinafter called the City) this day of
2003.
WITNESSETH:
WHEREAS, pursuant to Title I of the Housing and Community Development Act of. 1974, as amended,
• including Title VI of the Civil Rights Act of 1944, the Fair Housing Act, Section 109 of Title I of the
�..,. ....: • ,Housing a;}d Community - Development Act of 1-974 and , other applicable laws, .Spokane Comity • is
entitled to receive Conmiunity Development Block Grant (CDBG) funds for federal fiscal years, 2000,
2001, and 2002; and
WHEREAS, the amount of CDBG funds to which the County may be entitled is in part dependent upon
the population of. other CDBG eligible applicant cities and towns which by this Agreement elect to
participate in the CDBG and J1OME, Entitlement Program with the County;,and
WHEREAS, the purpose of this Cooperation Agreement, which is entered into pursuant to, and in
accordance with the State Inter -local Cooperation Act, RCW 39.34 is to plan for, and administer the
CDBG Program and the HOME investment Partnership Program (HOME).
NOW, THEREFORE, in consideration of the mutual promises made herein and the mutual benefits
received hereunder, the parties agree as :follows:
1. The City may not apply for grants under the Small Cities or State CDBG Programs from
appropriations for fiscal years 2004 and 2005, the years during which the City is participating in the
Spokane County CDBG and HOME Program.
2. The City may not participate in a HOME consortium except through Spokane County, regardless of
whether Spokane County receives a HOME formula allocation.
3. The Spokane County urban county qualification period is federal fiscal years 2003, 2004, and 2005.
4. This Agreement remains in effect until the CDBG and HOME funds and income received for federal
fiscal years 2003, 2004, and 2005 are expended and the funded activities are completed.. The
County and the City may not terminate or withdraw from this Agreement while the Agreement
remains in effect.
5. The County and the City will cooperate to undertake, or assist in undertaking, community renewal
and lower income housing assistance activities, specifically community development and publicly
assisted housing.
w: \cntitlmt\2003 \city of spoLanc valleylnotification of opportunitylinvitation to participate letter.doc
6. The County and the City will take all actions necessary to assure compliance with Spokane County's
certification required by Section 104(b) of the Housing and Community Development Act of. 1974,
as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of
Title 1 of the Housing and Community Development Act of 1974, and other applicable laws.
7. The County will not use CDBG or HOME funding for activities in, or in support of a City that does
not affirmatively further fair housing within the City's jurisdiction or that impedes the County's
actions to comply with the County's fair housing certification.
8. The City has adopted and is enforcing: a) a policy prohibiting the use of excessive force by .law
enforcement agencies within its jurisdiction against any individuals engaged in non- violent civil
rights demonstrations; and b) a policy of enforcing applicable State and local laws against
physically barring entrance to, or exit from a facility or location which is the subject of such
nonviolent civil rights demonstrations within jurisdictions.
9. The County and the City will not obstruct the implementation of the approved 'Consolidated Housing
and Community Development Plan and Annual Action Plan during the period covered by this
Agreement. The County and City further agree to participate in coordinated planning efforts to
develop the upcoming five -year Consolidated Plan (2005 -2010) and ensuing annual amendments.
10. The County has final responsibility for selecting CDBG and HOME activities and annually filing the
Consolidated Annual Performance and :Evaluation Report; Consolidated Housing and Community
Development Strategy; and Annual Action Plan with the U.S. Department of Housing and Urban
development.
11. The County and City are subject to the same requirement's applicable to CDBG subrecipients,
including the requirement of a written agreement set forth in 24 CFR 570.503.
12. The County's Housing and Community Development Advisory Conunittee will review CDBG
program policies, plans, and applicant funding proposals and recommend to the Board of County
Commissioners funding of applicant proposals.
13. The County's Housing and Community Development Advisory Committee will include a
representative of the City appointed by the Board of County Commissioners in consultation with the
Mayor and/or Council of the City.
This Agreement is entered into on this
day of , 2003 by:
City of Spokane Valley Spokane County
Mike DeVlemming, Mayor Phillip D. Harris, Chair
Board of County Commissioners •
w:lentitlmt\2003 \city of spokane vallcylnotification of opportunitylinvitation to participate letter.doc
`]i . , . j i - ' 7
I •. He rhts
i. 7 . .. ' ,f (,31.1
: 49 000 >17,'93:3
. (.._
•'107 ;75Q
1'rFl ,
; • :36,577
4,),, .( l_-Fpy T •11 1 % 'g1 r
. ` 0 . > 140,000 ;:'0 <:11
_4T:1 j
100.000
':)
': '12,00D.".
E 4
150,000
F.-10D----T,
>,15Q,000
,1!zn
0
.,•
151:,,025
7.0..1
0
T,tr.4':.it,:l‘.
,. -, $1 029,265
Chore
0
...
155,190
33,000
45,000
17.801
99,000
12,909...:
90,000
0
100,000
. 0
44,140
'::185,000
21,040
177.958
110,000
92.668
150,000
100,000
99,900
0
51,284,856
Deer Pack «
0
83,000
"' ? 0
..; 90,000
• , 50,000
> > 200.000
0
D
.: .$1,170,801
Fairfield
__500.000
17,932
11,600
"109325
33,500
26,350
0
43,910
0
74,650
Q
64,791
_40.351
63,959
:: 142,000
0
1 85,900
155,232
<:::64,395
57,042
. - 30,900
456,816
0
184,995
51,190,777
Latati
a
0
T 'D
s : 82,500
64,267
;.: •84,999
91,612
$898,449
Medical Lake
125.000
22,922
32,200
27,000
29,500
81,073
33,000
92,922
50.000
146,112
84.500
75.000
10,300
6,500
262.200
51,078,230
Mi(wo00 ::
0
: > .
3,000
.. 73.20Q
:; 77,000
94;490
72,290
0
.< 3
:; .: ;..:::: 0
0
;" : 0
0
137,388
IIMENE
146,900
: > : > 0
$375.300
Rockford
15,417
0
0
75,314
0
41,299
32,500
12,500
30 275
73,000
238 500
0
0
1803,093
'c M
TOT '
' t u n ti/ -
iill rf
Ce ri o ='Irr. Dist:.
84,b s0
17,000
MEM
.: ; 0
' " ' . ,8 r
: > 5f1:► r
..• :6
- ... 60 000
35. r'r
246,446.
Q
0
; .:.0
• : • ' :
.� : c e
... 603 046
15,840
1807,189
�L-
4,500
14.770
$256,021
Ll h
!I
334,657
0
_
L -. . � �. .IL_
408.690
33,000
f • • e r
'k5.-
>20,000
264,322
63,391
E .14,073
t's. 1
200. 500
8,245
0
42,633
0
10,000
31,815
69,501
98,222
74,815
$466,732
$389,970
f
449,170
$449 735
; t XF
' 90 ' t i
187,800
366 $65..:761
° 1 • f :
23 400
549,935
825
+.fit;
, 50000
350,'00
: 1775 556'
_ c E
,. 58,600
405,345
: $887 293
1 1 •i . ,
64305
187,340
: $543 857
t . •I� }, i . ;�
7 b 000
365,710
11 ' 38.272
j99
>
392,465
$587'•" 6
1 . file∎
7 • , 00
314,000
. 680,422
_ ,A1111::
�" < >76 500
300,000
$ 902' 567
,'_ ■ _ _ 1
..35
CAPA Pr•!ram
14,853,745
East $. • kluie W,13.
Ed,ecliff Senior Ctr
500
.53,680
--
35,000
-
:: • 49,625
-
10.000
IIIIMEI
: .:1 r 900
70,004
.'.
5473097
37.500
--
30;000
::
$500
IrvinW D >:<
> 75,000
5197,125
Mirabeau Point
50,00
$50,000
NQVAt3ervices .:`
26,453
<,:: .::: 156 + 453
110,000
O r . un' Manor
10,000
o rchard Ave: I, D. > :
40,000
: > 50,000
_ : 34,250:
. 00,000
1 55,640
J 147,800
67,404
;574•854
RID Assistance
40.000
30,000
40,000
97,000
10,321
23,450
9,475
15,460
5266706
, Art School. V all
�
7,500
$7,500
Universit Food Bank
5,960
$5,960
NENIIIIIIIME
26.630
.. 15,000
10,000
10,000
:' 111 600
.. 8:500 'ffilEEIIIIIIIIIIIIIII
1 230
Walk In The WIId
7,500
16.400
--
-_
323 900
Y A
rI rr�t - 1
0 t:r
: 9
.
_ n • Q
"fa .
, =! }fin
iif 1_; _t-i .c ',.! s
, N. , ,
� 22 6u0 � '
r X34 • _ ; r �aK
t .E, r,1;11
MIMED
, ,: ,
• indieatG p!ulncts which were mg c)mp.ele,; :1n0 'ur,,s were de:Y+iga'ed
CAPA! RID amounts m italics have 1 North Side sewer basin or toed district ind., ir.•!
CAPA amounts in bold itaics have 2 North Side sewer basins included
To housing dads expended in valey = 16,300.528 / Total housing hinds expended In small cities ■ $ 0
Total public service funding expended In Valley (45 %) = St .673,634 / Total public service handing expended Si sr" n" dins (28%1= 51,041,372
Total Valley Investment = $15,260,958 1 Total small cities investment = 39,943,939
�po�kane
Vai1ey
Memo
To: David Mercier, City Manager
From Greg McCormick, AICP — Long Range Planning Manager
Date: June 12, 2003
Re: Spokane County 2060 Fund
Background
In 2002 Substitute House' Bill 2060 (SHB 2060) was passed by Washington State
Legislature. SHB 2060 provided for a ten dollar surcharge on instruments recorded
with the county auditors office. The law allows the auditor's office to withhold 5% of
these funds for administration of the program. Sixty percent of the remaining funds are
retained by the county in which they are collected. Forty percent of the funds go to the
state to fund state -wide affordable housing programs. The funds collected as a result of
this bill are to be used for low income housing and affordable housing for
persons/households who are at 50% of the area median income.
Specifically, SHB 2060 funds can be used for affordable housing projects to include the
following: 1) acquisition,. construction, or rehabilitation; 2) building operation and
maintenance costs; 3) rental assistance vouchers; and 4) operating costs for
emergency shelters and licensed ovemight youth shelters. Funds are allocated within
the county according to an interlocal agreement between the county and the cities
within the county, consistent with countywide and local housing needs and policies.
The Spokane County Board of County Commissioners appointed the county's Housing
and Community Development Department (Department) to administer the local funds
generated from SHB 2060. The Department is responsible for developing and
submitting plans for allocating funds, establishing policies and procedures goveming all
activities that are expected to receive funding and develop interlocal agreements with
the county's twelve cities and towns. The Department also administers Community
Development Block Grant (CDBG) funds and HOME funds.
/d
The Department held stakeholders meetings to identify spending priorities and practical
program design considerations for the 2060 funding within the limitations of the
legislation. The stakeholders meeting resulted in an interim program concept for the
2060 program referred to as the Interim Spokane Trust for Affordable Housing (ISTAH),
which included the following:
Purpose of ISTAH: The interim program will:
• Ensure that 2060 funds already collected will be distributed into the community
to meet affordable housing needs at the earliest possible date;
• Make available time to local committee to complete the program design details
for a local housing trust fund that will ultimately replace the interim program; and
• Provide the local committee the ability to observe the interim program in action,
allowing them to evaluate the effectiveness of each element of the program for
consideration to be integrated into the eventual trust fund program.
Term of ISTAH: The interim program will run for a period of 12 to 24 months
depending on the time needed by the local committee to finalize details of the
permanent local housing trust fund.
Fund capitalization: A trust fund will be established using 50% of the 2060• funds
available to the county. A more detailed financial analysis is necessary to determine
the capital goal. The remaining 50% of the funds would be used to address the
immediate needs identified by the ISTAH priorities. The original goal was to make the
funds available in the 1 quarter of 2003, this has now been pushed back due to
interlocal agreements from the cities and towns..
Funding rounds: Originally, the first funding round was to be in the 1s' quarter of
2003 with a second funding round in the fall of 2003. A funding round was also planned
for the 1"` quarter of 2004. The goal is to provide funding for this program on a semi-
annual basis.
Beneficiaries: Spokane County (including incorporated areas) area residents
earning below 50% of the area median income (AMI). Additional preferences will be
established to target populations based on need identified though planning by
stakeholders.
Loans or Grants: Mixture of loans and grants depending on activity and income
levels. Projects serving 30% or lower AMI will receive grants; projects serving 30% to
50% AMI will receive loans. An exception to this is that any project receiving funds for
non - capital expenditures will receive a grant.
Who can apply: Any legal entity. Exceptions are although faith -based
organizations and churches may apply, no project will be allowed to restrict participation
based on required religious affiliation or activities. Also, the Department will not accept
applications from individuals for single - family homeowner repair or rent assistance.
Such projects must be sponsored by an organization willing to complete the activities on
a larger scale.
• Page 2
Activities & Priorities: Based on the program designs developed during the stakeholder
process, the following priorities were suggested for the first two years of the program:
• Priority 1 — Housing rehabilitation and new housing development loans and grants
with preferences for those projects serving persons earning below 30% of
• the AMI income, persons with disabilities, or projects in rural areas —
includes homeless shelter development and rehabilitation of those
facilities.
• Priority 2 — Housing operations assistance grants; 3 year grant terms with no
guarantee for renewal. Includes rental housing and homeless housing.
• Priority 3 — Rental assistance (short term) including gap rent assistance, deposits,
etc..
Administration: Spokane County Housing and Community Development
Department and a fund advisory committee.
Planning: Review priorities and conduct a public evaluation of the program
once every two years.
The next steps in this process that have been identified include the following:
1. Form the Spokane Trust for Affordable Housing Committee (STAHC) to:
• Observe implementation of ISTAH and evaluate successes and
difficulties as funding is distributed into the community;
• Using ISTAH program as a guideline, develop funding and
administration policies for the final trust program to be implemented in
12 to 24 months from January 2003;
• Develop final trust fund program implementation timeline; and
• Develop timeline for future stakeholder input and planning.
2. Identify and establish evaluation committee members based on guidelines
established above.
3. Develop ISTAH application document for release to public for proposals.
Recommendation
This is the "first touch" for the Council on this issue. If the Council has significant
questions or clarifications regarding this program staff can invite a representative from
the county's Housing and Community Development Department to attend the next
session on this to discuss in more detail the process that began in May 2002 relative to
formulating the process, stakeholders meetings, etc..
The county and service providers are anxious to get interlocals signed *and returned as
soon as possible so that the first funding round can begin.
• Page 3
TATS INTERLOCAL AGREEMENT, (the "Agreement "), is entered into by and between the
SPOKANE COUNTY HOUSING AND COMMUNITY DEVELOPMENT
DEPARTMENT, a governmental entity, whose address is 721 North Jefferson Street, Suite 2
Spokane WA, 99260, ( "SCH &CDD "), and , a
political subdivision of the State of Washington, whose address is
( "ClT1") and jointly referred to, as the "Parties ", in the manner set forth herein.
S1113 2060 Surcharge Administration
tnterIocal Agreement
Page 1 of 3
I,NTERLOCAL AGREEMENT
FOR TEE ADMINISTRATION OF SURCHARGE FUNDS
COLLECTED PURSUANT TO HOUSE BILL 2060
RECITALS
1. The Spokane County Board of County Commissioners, pursuant to the provisions 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
•2. Substitute House Bill 2060, creating a special surcharge on the recording documents through
the County Auditor's office, was passed by the Washington State Legislature during the 57`
Legislative Session•and signed by Governor Locke on April 2, 2002; and
3. The Spokane County Board of County Commissioners, by Resolution 02 -0438, authorized the
Spokane County Cormunity Services Department and Housing and Community
Development Department Director to develop plans, budgets and administer funds collected
as the surcharge created by Substitute House Bill 2060 and retained by the County; and
4. The Spokane County Community Services Department and Housing and Community
Development Department Director conducted public workshops in October and November
2002, for the purpose of consultation with interested individuals, groups and agencies in
developing plans and processes for allocating Substitute FIouse Bill 2060 surcharge funds;
and
5. On April 22, 2003, pursuant to Resolution 03 -0410, the Spokane County Board of County
Commissioners authorized the Spokane 'County Community Services Department and
Housing and Community Development Department Director to implement the Spokane
County Trust Fund for the purpose of administering the Substitute House 13111.2060 surcharge
funds; and
6. The purpose of this Cooperation Agreement, which is entered into pursuant to, and in
• accordance with the State Inter -local Cooperation Act, RCW 39.34, is the administration of
the Substitute House Bill 2060 surcharge funds pursuant to Substitute House Bill 2060, as
enacted.
NOW, THEREFORE, in consideration of promises made herein and the mutual benefits received
hereunder, the Parties agree as follows:
A. The Spokane County Housing and Community Development Department is designated as
the County's agency for administering and expenditure of Substitute Housc Bill 2060
surcharge funds retained by the Spokane County Auditor pursuant to Substitute House
Bill 2060 as enacted, to be used for the following purposes:
1. Acquisition, construction, or rehabilitation of housing projects or units within housing
projects that are affordable to very low- income persons with incomes at or below fifty
percent of the arca median income.
2. Supporting building operation and maintenance costs of 'housing projects or units
within housing projects built with (state) housing trust funds, that are affordable to
very low- income persons with incomes at or below fifty percent of the arca median
income, and that require a supplement to rent income to cover ongoing operation
expenses.
3. Rental assistance vouchers for housing projects or units within housing projects that
arc affordable to very low- income persons with incomes at or below fifty percent of
the area median income, to be administered by a local public housing authority or
other focal organization that has an existing rental assistance voucher program,
consistent with the United States Department of Housing and Urban Development's
Section 8 Rental Assistance Voucher program standards.
4. Planning arid administration costs.
B. The Spokane County Housing and Community Development Department will provide the
City with a written summary of the funds collected and expended under the terms of this
Agreement.
C. The Spokane County Housing and Community Development Department Dircctor will
establish an ad hoc committee to evaluate and recommend proposals for funding with the
available Substitute House Bill 2060 surcharge funds. The committee will be comprised
of the following individuals:
1. A Representative of the City of Spokane Valley, appointed by the Mayor.
2. A Representative of the City of Spokane Community Development Department,
appointed by the Mayor.
3. A Representative of Spokane County.
4. A Representative of the Spokane Low Income Housing Consortium.
5. A Representative of a non -profit organization providing services to very low - income
persons with incomes at or below fifty percent of the area median income within the
boundaries of Spokane County.
D. Unless extended or otherwise earlier terminated, this Agreement shall expire without
further notice on April 22, 2005.
The term of the Agreement may be extended or altered only by a fully executed
Amendment, pursuant to the terms of this Agreement.
B. No provision of the Agreement is intended or deemed to create any relationship between
the Parties hereto other than that of independent entities agreeing with each other solely
for the purpose of effecting the provisions of the Agreement. Neither of the Parties
hereto, nor any of their respective employees, shall be construed to be the agent,
employee, representative, joint venture, or partner of the other.
F. Contractor and SCRSN will work together in good faith to resolve any disputes relating
to this Agreement. If the Parties are unable to resolve a dispute relating to this
Agreement within fifteen (15) days following the date one Party sends written notice of
the dispute to the other Party, the dispute may be submitted by either party to the Director
of Spokane County Community Services ( "Director").
C. The Director's decision shall be made within five (5) business days of receipt of the
dispute, unless circumstances warrant a reasonable delay in said response.
SHB 2060 Surcharge Administration
Interlocal Agreement
Page 2 of 3
H. Except as provided otherwise herein, this Agreement may be amended only in writing by
agreement of all parties hereto.
L Contractor shall not assign this Agreement without prior written consent of SCRSN, nor
delegate any of its duties hereunder except as otherwise provided in this Agreement. This
Agreement may be freely assigned by the SCRSN to any successor or affiliate of SCRSN.
J. Any notices required.in accordance with any of the provisions herein shall be delivered
personally, or sent by registered or certified mail to:
COUNTY:
To: Kascy Kramer, SCCSD and SCH &CDD Director
7121 North Jefferson Street, Suite 403
Spokane, WA 99260
Fax: (509) 477 -6827
With a copy to:
CITY:
To:
With a copy to:
Fax:
ADOPTED by the Board of County Commissioners of Spokane County, Washington this
day of , 2003.
ATTEST:
VICKY M. DALTON
CLERK OF THE BOARD
By:
Daniela Erickson, Deputy M. Kate McCaslin, Commissioner
FOR CONTRACTOR:
DATE: City of
SHB 2060 Surcharge Administration
interlocal Agreement
Page 3 of 3
Spokane County Housing and Community Development Department
c/o Departmental Counsel
721 North Jefferson Street, Suite 403
Spokane, WA 99260
Fax: (509) 477 -6827
Fax:
By
John Roskellcy, Chair
Phillip 0. Harris, Vice -Chair
NAME
ITS: Mayor
Spokane County 2060 Fund
• Process
• Program Design
• Implementation
Developed by:
Spokane County Housing & Community Development Department
In cooperation with
Spokane County Long Range Planning Department and City of Spokane
Community Development Department
lrr consulfEitrorr with
Caroline McDonald Consulting
Introduction
This document has been . prepared to provide the public with a written record of the
process undertaken by Spokane County to develop a new program supported by funds
generated from SHB 2060_ Because the process itself evolved as new information was
provided by stakeholders, the document is presented in a linear narrative which
suimnarizes the planning process and the program developed through that process.
After two public workshops, stakeholders determined that the funds generated by SHB
2060 will be awarded in 2003 under the terms of an "interim program" (described later in
this document). Implementation of an interim program will allow. additional time for
stakeholders to develop program details for a local trust fund program (to ultimately
replace the interim program), while ensuring that SEIB 2060 funds currently available are
used in the community without delay. This document outlines the general guidelines and
implementation timeline for the interim program.
Prepared by' Caroline McDonald Consulting Page 1
December 2002
Executive Summary
Background
For many years, affordable housing advocates sought support for the establishment of an ongoing
source of funding for affordable housing activities that did not rely on biennial appropriations by
the Washington State Legislature. After many years and much compromise, Substitute Housing
Bill 2060 (SHB 2060) was approved by the 57 Legislative session and signed into law by
Governor Locke on April 2, 2002. The bill provided for a ten dollar surcharge to be added to
document recording fees. Sixty percent of the revenue generated by this surcharge will be
retained by the county for housing projects that are affordable to very low- income persons with
incomes at or below fifty percent of the area median income. The remaining forty percent will be
transferred to the State to support building operation and maintenance costs of housing projects
that are affordable to extremely low - income persons with incomes at or below thirty percent of
the area median income.
According to SHB 2060, the county share of the revenues must be used in accordance with the
following general guidelines:
1. Housing projects must be affordable households earning at or below 50% Area Median
Income (A1v 1).
2. SH13 2060 revenues may be used for:
• Acquisition, construction, or rehabilitation
• Building operation and maintenance costs (HTF projects only)
• Rental assistance vouchers
• Operating costs for emergency shelters and licensed overnight youth shelters
3. New construction is only permitted if the vacancy rate is below 10 %.
4. Funds will be allocated within the county according to an interlocal agreement between
the county and the cities within the county, consistent with countywide and local housing
needs and policies.
On April 30, 2002, the Spokane County Board of County Commissioners appointed the Housing
and Community Development Department ( "Department ") to administer the local funds
generated from SHB 2060. The Department is responsible for developing and submitting plans
for allocating funds, establishing policies and procedures governing all activities that arc expected
to receive funding, and developing interlocal agreements with the County's twelve cities and
towns.
Public Participation& Program Design
In accordance with commissioner instruction, the Department sought the input of the public
through public meetings, workshops, and internet forums. Those participating in this process are
identified as "stakeholders ". After two public workshops and compiled written comments
received through email, an internet bulletin board, and advance workshop registration
questionnaires, stakeholders identified two seemingly contradictory needs for the proposed new
housing program:
1. The program must make funding available as soon as possible in order to begin
addressing immediate affordable housing needs.
A complete copy of SHB 2060 is included in this document as "Attachment 4 ".
Prepared by: Caroline McDonald Consulting Page 2
December 2002
2- The program must include the estiblishment of a local housing trust fund that would
ultimately provide a renewable, sizable local funding source to promote affordable
housing in the long term.
The development of a housing trust fund will take time, prohibiting the immediate release of 2060
funding into the community. In order to reconcile these two community requirements,
stakeholders determined that an "interim program" be established using 50% of available IIB
2060 revenues on an annual basis to address immediate needs while the remaining 50% of
revenues would be set aside to begin the trust fund eapitaliratien process- The "Interim Spokane
Trust for Affordable Housing" (I TAR) will be implemented immediately while further research
and local effort is put forth to establish a local housing trust fund.
Abbreviated guidelines for establishing and implementing the ITAH follow;
Purpose of Interim The interim program will:
Program • Ensure that SHI3. 2060 funds already collected will be distributed into
the community to meet affordable housing needs at the earliest possible
date;
• Give time to a local committee to complcle lire program design details
for a local housing trust fund that will ultimately replace the interim
program; and
• Give the local committee the ability to observe the interim program in
action, allowing them to evaluate the effectiveness of each element of
the program for consideration. to be integrated into the eventual trust
fund program.
The interim program will run for period of 12 -24 months
When the Department releases a request for proposals for the use of 2060
funds quarter 2003), half of the 2060 funds held by the Department will
be retained to begin the fund capi taiiution process - The remaining 50% will
be distributed into the community to meet affordable housing needs- Until
the interim program is replaced, half of all available Funds (including half of
any interest earned) will always go toward fund capitalization.
Annual until enough funds allow semi- annual fading rounds
Projects serving 30° A3v1I and lower will receive g�ranfs. Projects serving
30% AIv1I to 50% Aiv1I will receive loans- Exception: Any project receiving
funds for non -capital expenditures will receive a grant.
Loan terms will vaiy With proposals and will he determined by review
committee.
Program Term
• Funds available
Funding; rc
Grants vs- Loans
Loan Terms
Eligible applicants
Funding
limitations
Term of award
Any legal entity, -
The minimum request will be $5,000 The maximum request will be limited
only by funds available,
Successful projects will be awarded funds to be used within 12 months from
the time a contract is executed with the County.
Please see the ...Final Program Design Workshop section of this document for the complete guidelines h cCuding
exceptions and program details as developed by the stakeholders.
Prepared by. Caroline McDonald Consulting Page 3
December 2002
Renewable grants Applicants tnay apply in subsequent years for additional funding_
Priorities • Priority #l: Housing rehabilitation and new housing development loans
8& grants (with preference for those projects serving <30% AIM,
persons with disabilities, or projects in rural areas) — includes homeless
shelter cicvel6ptnent and rehab
• Priority #2: Housing operations assistance grants. Includes rental
housing and homeless housing
• Priority #3= Rental assistance (short term) including gap rent assistance,
deposits, etc. •
Priorities arc: to be considered thresholds, i.e., in order for a proposal to be
eligible for funding during the first RJ P period, it must address one of the
three priorities listed above. Priorities may also be used as tiebreakers in the
evaluation process. ,31 other considerations being ecual, projects addressing
priority #1 will be funded in favor of projects addressing other priorities_
Set- asides There will be no set -aside amounts for these priorities.
Evaluation Crileria • Proposal demonstrates need of population, including consistency with
County andfor City comprehensive plans_
• Proposal demonstrates financial feasibility.
• Proposal demonstrates :applicant's capacity complete project_
• Soundness of project design; Is the project feasible? Does it make:
sense? Have all other sources of funding been explored?
Eva] dation Evaluation committee composition:
Committee l _ Representative of the City of Spokane Valley
2. Representative of the City of Spokane
3. Representative of Spokane County (Community Services or
Community Development Department member)
4. Representative of SUFIC (Spokane Low Income Housing Consortium)
5. Representative of the non- profit service provider community
lYex� .rem .
1. Request review and approval from County Board of Cornmissioners
2_ Present Final document and program proposal to public for comment
3. Form local Spokane Trust for Affordable Housing Comrnittee (STAHC) to;
a. Observe implernetrkztion of JSTAH and evaluate successes and difficulties as funding is
distributed into the community,
b. Using ISTAII program as a gdideline, develop funding and administration policies for the
final Trust Frond Program (to be implemented in 12 -24 months from January 2003).
c. Develop Final Trust Fund Program implementation timeline.
d, Develop timeline for future stakeholder input and planning_
4. Identify and establish evaluation committee members based on guidelines established above.
5. Develop LSTAH application document and release to public for proposals_
This ciIr nuts a could he identical to the evaluation committee for the [STAFI or another similarly diverse group of
stakeholders overseen by the County.
Prepared by. Caroline McDonald CorasutrinZ Page 4
December 2002
Background on Substitute House Bill 2060 (SHB 2060)
and the Spokane County Program Development Process
Between 1990 and 1995, counties in Washington State had the option to use a small percent of
the local Real Estate Excise Tax revenues for housing activities. Successful programs were
established in King and Snohomish Counties. The State Legislature ended the program in 1995.
Since 1995, housing advocates across Washington State sought support for establishment of an
ongoing source of funding for housing that would be affordable to low- income households that
did not rely on biennial appropriations by the Legislature. Legislation was proposed in 1996 to
increase the fee charged when documents are recorded by five dollars and to use the revenues for
affordable housing. The legislation did not pass, but it started the discussion of the recording fee
as a revenue source for affordable housing.
Affordable housing advocates continued to rally support for the concept of an ongoing funding
source for affordable housing among housing and service providers and legislators. Finally,
during the 2001 legislative • session, a bill authorizing a three - dollar increase in document
recording fees passed the Senate but failed to pass in the House of Representatives.
A series of events occurred after the legislative session ended in 2001 and in early 2002, resulting
in increased support for passage of the document recording fee bill. These included:
1. Governor Locke required state agencies to submit proposals for 2002 program spending
reductions to offset reduced state revenues.
2. The State's Office of Community Development proposed shifting partial funding for the
Overnight Youth Shelter and Emergency Shelter Programs to revenues generated from
recording fees as part of their mandated spending cuts.
3. Housing providers across the state faced increased operating costs (e.g., utilities,
insurance, lead -based paint abatement in shelter, transitional and permanent housing units
for low- income people) and sought a revenue source to provide operating subsidies.
4. Business and local government associations viewed housing development as an economic
stimulus, particularly in rural areas and communities with high unemployment, and
sought a locally controlled revenue source to increase affordable housing production.
In 2002, the Washington State Legislature passed a budget that included the anticipated revenues
from a ten- dollar document recording fee. Substitute House Bill 2060 represented a compromise
of the many for - profit, non - profit, and government entities involved in the development and/or
operation of affordable housing in Washington State. Language was added to the bill to gain
support and/or eliminate the opposition of many stakeholders. Six statewide business
associations, four associations of local government, and 35 non - profit organizations and
associates supported the compromise legislation. Some of the perspectives included:
1. Affordable housing advocates supported the strict targeting of the funding to people with
incomes below 50% of the area median income ( "AMr ).
Prepared by: Caroline McDonald Consulting Page 5
December 2002
2. Owners of shelters and affordable housing supported a provision for operating subsidies.
3. The State's Office of Community Development supported an allocation to it of 40% of
the funding, a portion of which would be used to offset proposed reductions in shelter
programs.
4. Local governments supported locally controlled housing development funding to
stimulate local economies and/or to address the affordable housing requirements of the
Growth Management Act.
5. Realtors and lenders supported funding for housing development.
6. The State Landlord Association supported assurance that new rental housing would not
be built in areas with high vacancy rates.
7. The State Auditors Association supported a portion of the revenues to offset costs of
collecting the fee.
Substitute Housing Bill 2060 was approved by the 57 Legislative session and signed into law by
Governor Locke on April 2, 2002.
On April 30, 2002, the Board of County Cormissioners of Spokane County (BoCC) appointed
the Housing and Community Development Department•( "Department ") to administer the local
funds generated from SHB 2060. The Department is responsible for developing and submitting
plans for allocating funds, establishing policies and procedures governing all activities that are
expected to receive funding, and developing interlocal agreements with the County's twelve cities
and towns. The Department was directed to make every effort to consult with city and town
representatives in identifying activities to address local affordable housing needs. The Board of
County Commissioners trust approve the resulting program to allocate the funds.
In order for the County to carry out its administrative responsibilities, the Department has
provided opportunities for interested groups, individuals, and local governments to participate in
identifying activities and developing draft goals and objectives. Those interested in participating
in the process are identified as "stakeholders."
On May 8, 2002, the Department met with representatives from the City of Spokane's
Community Development Department, the Spokane.Low Income }lousing Consortium, and the
Spokane County Planning Department to discuss possible avenues for allocating funds, including
public consultation, program options, and process. A subsequent meeting of this group ( "2060
Internal Committee ") was held on June 26 to discuss concept papers, materials, and methods to
facilitate "workgroups," consisting of stakeholders interested in affordable housing activities.
The stakeholders must be willing to commit their time and effort toward achieving our collective
goals in determining the "best" use of surcharge funding within our communities. In September
2002, Caroline McDonald Consulting ( "CMC ") was hired by the Department to facilitate the
workgroups, coordinate the information, and prepare a written document outlining the process
. and conclusions.
Prepared by: Caroline McDonald Consulting Page 6
December 2002
Stakeholder Development of an Initial Program Concept
CMC met with the 2060 Internal Committee on September 19 and October 15, 2002, to establish
a process to obtain stakeholder input. They determined that a public workshop would be held to
identify spending priorities and practical program design considerations for the 2060 funding
within the bounds of the State legislation. The workshop was set for October 23, 2002, at the
Mukogawa Fort Wright Institute. Invitations were sent by mail to citizens, neighborhood groups,
for -profit and non - profit housing developers, social service providers, and elected representatives
and selected governmental departments of each of the cities and towns located within Spokane
County. The workshop was advertised in the newspaper of record and on the Spokane County
website. The mailings and website included the following materials:
• Draft agenda
• SHB 2060 background •
• Registration (including a request to provide the 2060 Internal Committee with advance
information on community housing needs and any other areas of interest for the 2060
funding)
• Summary of the 2060 legislative requirements
• Draft program design worksheet (exercise to be completed during the workshop)
• Program development process
Fifty -nine people registered for the 2060 workshop; 52 attended and participated. Prior to•the
workshop, seating and workgroups were assigned by staff to ensure that each table had a mixture
of interests and experience. It was anticipated that this mix would encourage the open exchange
of diverse ideas and perspectives within the workgroups during the program design phase of the
workshop. A total of seven workgroups were formed. The workgroups were instructed to design
potential programs and prioritize needs within their own group prior to full group presentations.
Each workgroup was asked to present two program design ideas to the entire group at the end of
the exercise.
Based on the number and varying backgrounds of the registrants, the agenda was somewhat
modified from its original form as listed on the Spokane County website prior to the workshop.
The updated agenda used during the workshop follows:
Prepared by: Caroline McDonald Consulting Page 7
December 2002
AGENDA
S1{13 2060 Housing Funds
Affordable Housing Workshop
October 23, 2002
9:00 am Welcome & opening comments
Kasey Kramer, Director Spokane County Housing & Community
Development and Community Services Departments
Debbie Groom, Internal/ExternalAuditor, Spokane County
Housing & Community Development and Community
Services Departments
Participant Introductions
.9:45 am Meeting purpose & agenda review
10:00 am Review program areas of interest & solicit new ideas
10:15 am Break
10:30 am Break into workgroups, receive instructions
10:45 am Workgroups begin program design worksheets
11:45 pm Lunch
12:45 pm Workgroups present program ideas to full group
2:30 pm Participants rank program designs
2:45 pm Next steps & thank You
A number of participants identified activities, priorities, and design considerations with their
registrations_ These were provided as a handout at the workshop and were offered to the
workgroups as focus areas for designing a program.
Areas of Interest for 2060 Funding
Specific Activities
• l u time homebuyer. self help /sweat equity
• Rehab owner- occupied and rental
o Upgrade of existing housing for low income elderly and disabled
o Money available for minor home repair essential for health & safety
o Additional energy assistance programs other than SNAP
o Encourage environmental modification of existing homes
o Lead based paint remediation for landlords renting in voucher programs &
homeownership
o Funds for rehab to make existing housing accessible
New housing development
o New rental housing
o New housing for disabled
o New housing development including land acquisition
Prepared by Caroline McDonald Consulting Page 8 .
December 2002
o Develop new housing with universal design techniques
o Fund technology -aided living to support people's independence (medication
management, nutrition, lighting)
• Operating subsidies
o Homeless housing
o Affordable rental housing
• Housing support services for mental health consumers
• Development(capitalization) at a Spokane Housing Trust Fund
• Homeless housing
o New shelters
o Harm reduction housing
o Homeless shelter for domestic violence victims
o Homeless case management services
• Ren assistance (vou chers) for people with disabilities
• Technical Assistance and Training
o Default prevention
o Building capacity of housing organizations
• Capital Reserves
General Program Design Considerations
• Get program running ASAP
• Have funding provided as grants
• How 2060 funds can best fill critical housing financing gaps
• Low cost housing, helping people remain in their own home
• Keep funds targeted for use as outlined in legislation
• Low income housing & fair market rent
• Have easy application process
Before the design exercise, the groups were provided with written and oral instructions to
complete the design worksheet, which, among other information, outlined the legislative
requirements for the funds and the estimated amount of annual SHE 2060 revenue (sec
attachment 1). Each group was asked to prepare and present two program design ideas to the
entire group. At 1:15 pm, the workgroups started their presentations to the entire group. After
each of the seven workgroups presented one design idea, they were given the opportunity to
present their second idea.
Ultimately, twelve presentations were made. Of those, six specified the development of a local
housing trust fund ° . Most of the remainder were either companion programs to the trust fund or
descriptions of set - asides and funding priorities within the fund itself 6 . A comparison of the six
proposed trust fund program designs as presented during the workshop follows.
` It should be understood that some of the presentations described only the structure of a proposed trust fund, while
others included specific descriptions of set -aside programs that would run within the trust fund itself. All of the trust
fund program proposals arc included in a single table for comparison. Additional proposals that were not specifically
presented as part of a workgroup's trust fund proposal are included in a second table for comparison.
S Note: Because many of the presentations were similar, it was decided that a vote would not be taken at the end of the
program as indicated by the updated agenda.
Prepared by: Caroline McDonald Consulting Page 9
December 2002
�. __...
. . • .
"Spokane Trust
Fund"
Presentation #1
ComparJon,of Trust
"Local Trust Fund"
Presentation #2
F,und.Progratn Designs;Rresented
"Save the World"
Presentation #3
•Q,rktiroups:
"Spokane County
Housing Trust Fund"
Presentation 115
•
, _ , - .
"Housing Trust
Foundation"
Presentation #7a b8
"Support Housing Trust
Fund" Presentation #10
Capitalization goal
S1 million
S5 million
NIA
NA
NiA
NIA
Cap it rate
S250,000/year for 4 years
S500,000/year for 10 years
NIA
NJA
NIA •
S250,000 /year for(?) years
Beneficiaries,
Priorities, andfor
Set - asides
• Persons wJ disabilities
needing assistance to
rctnailt in existing hoax
• <50% AMI
• <30% AMI (establish a
fund set-aside for this
group) -
• <50% AMI
• 50% of fund - any eligible
use as deflated by legislation
• 30% of fund • operation
assistance
• 20% of fund - rental
assistance
• <30% AMI
• Priority for projects serving
neglected and rural areas
-
• <50% AMI
• <30% AMI (add'I
application points awarded
for serving this group)
• <30% AMI
• 5200K set - aside/yr. for rental
housing development & rehab
• S4OK set- aside/yr. for
emergency & permanent
. homeless youth housing
operations assistance
• Remainder of funds, all eligible
uses
• <50% AMI
-• <30% AMI (add'I priority for
serving this group)
.
Funding rounds
Semi- annual
Quarterly
Annually
Annual
• Quarterly for youth set -aside
• Coordinate with other sources for
all other activities
Qunreal)
Loans/Grants
N/A
• Grant (rental assistance &
operations oasts)
• Loan (all other activities)
• Grants (soft costs)
• Loans with interest (hard
ends)
• Grants
• Loans
• Grants (for the rwo set -aside
programs)
• Grants (rental assistance,
operations)
• Loans (acquisition/rehab paid
when property sold)
Who can apply
N/A
• For -profit
• Non-profit
• Other service providers
Non- profits
•
• For -profit
• Non -profit
• Service & housing providers
• Ali applicants must
demonstrate ca tipy
NIA
• Non - profits serving homeless
youth
• Non- profits
• nor -profit
• Non- profit
N/A
Administered by: -
NIA
Spokane Mousing Authority
Spokane Housing Authority
Other program
notes
•
•
Per person and per unit caps
will be established to ensure
cost effectiveness
Operation nssistanee will be
granted on a 3 -year basis
• Keep application process
simple
• Piovide list of technical
assistance providers with app.
• Review priorities and app.
process every 2 years
Priority populations for
development/rehab set- aside:
•Chronically mentally
ilVsubstance abuse
• Harm reduction
• individuals & families
• Persons with disabilities
• Operation assistance (of up to
35% of annual operations) will •
be offered for 1 -3 years only
meant as a stop gap until a long -
term solution can he developed
• No limit on emergency repairs
assistance
"AMI" means area median income. These are income levels established by the federal government and used as a basis for many programs. For examples of local AMI see Attachment L.
Prepared by: Caroline McDonald Consulting
December 2002
0
Page 10
The presentations made clearly demonstrated the stakeholders' interest in the formation of a local
trust fund. Three reasons for this interest were voiced':
1. A trust fund would allow the community to solicit additional capital for the fund from
private foundations and others to increase this resource.
2. A trust fund would grow and renew itself through loan returns, helping the fund remain
steady over time, regardless of fluctuations in the housing market and the amount of new
capital being infused from 2060 filing fees.
3. Formation of a local housing trust fund would enable Spokane to take advantage of
National Housing Trust Fund dollars should they become available through future federal
legislation.
Although there was widespread agreement among the workshop participants that a local trust
fund should be formed, there were various levels of understanding of the nature of trust funds.
While some participants were familiar with the State Housing Trust Fund, some participants
seemed unclear as to how a trust fund is funded and operates. There was no discussion of how
any proposed local trust fund would operate.
The salient points of the trust fund presentations included:
Capitalization goal': Range of $lmillion to $5million with many groups undecided
Annual contribution to Range 25% - 100% of annual 2060 fund with many undecided
trust fund:
Incomes of target populations Five proposals indicated <50% AMI
& Beneficiaries':
One proposal preferred beneficiaries be limited to. <30% AMI
A summary of the remaining program elements is included after the comparison of the non -trust
fund program design presentations.
6 During this workshop, no discussion of the legal requirements or administrative costs of any proposed trust fund
occurred.
7 "Capitalization goal" refers to total amount of contributions made to the fund over tine, Once the fund is fully
"capitalized," all activities would be paid for by the interest generated by the balance of principal.
8 A summary of priorities and set - asides proposed for the trust fund will be included after the discussion of all the
remaining presentations.
Prepared by: Caroline McDonald Consulting Page 11
December 2002
• ' - - • - . • ''''•
. • . ,. • . ' .. ,,
• ' • ." - • ' VI-ii , .. "..'
.. r...f:.:.(2233ri: It ori.E.
'Rent & Deposit '
Assistance"
Presentation #6
; •;:f•CriVntse.... d ' .-4 : 7 6 1 •-,t •-•`:•:. ' .
ns' er
"Glmtne Shelter"
Presentation #7b
...';'''" ''"'• - 6' • . .- 11 • P " •.'' ''
6entg i, yi
"Such a Good Idea,
SAG!"
Prosentadon #9
. -..,. . . ."'
"Rental Operations .
Assistance
Presentation #11
, ,
. "Reserve Co-op"
Presentation #12
.
•
•
"Cotninunilyinitlatives"
Presentation #4 -
Program
Description
Non-set•aside funds from a
local housing trust Pand that
would support housing
preservation and leverage
volunteers
Rent and deposit assistance for
the very low income
(homelessness prevention)
.
• •
Operations support for existing
homeless shelters and
development of new shelters
.
*
Housing rehabilitation program.
which allows people to remain
in their homes
Operations assistance for new
and existing rental housing
Maintenance reserve fund
initially capitalized by the 2060
funds for use by co:op
members to complete
maintenance and required
repairs.
Now much 2060 $
Up to 50% of available funds
Up to 33% of available funds
• <30% AMI
• Emergency assistance
N/A
Up to 550,000/project
• HerrICICZS (HUD Definition)
• Openitions
• Support services
• Staffing
• Acquisition & development
Up to 20% of available $
• <50% AMI (homeownem &
renters)
• Weatherization,
• Accessibility upgrades„
• Lead-based paint testing and
abatement, etc.
N/A
• <50'/. AMI
• repair & maintenance
• other operations needs
• limited to 2-3 years
'
• Mousing organizations
serving <50% AMI
• Repair & maintenance
Beneficiaries and
activities
•
• <S0% AMI
• Non-operational oosts
• One-itirne costs only
• Limited to
55,0000finticipated
beneficial,
Funding rounds
Annual
Monthly
Annually
Semi-annual
Annual or semi-annual
Annual
Loans/Grants
-
Grants •
• Crnnts
• Grants
• Loans — may be forgivable
over time (typically 5 yrs.)
• Grants
• Grants
Who can apply
• Non-profi t
• Faith-based organizations &
churches
• Employee groups
(no individiroit)
• Any individual at <30% AMI
• Non-profits
.
• For-prof! t
• Non-profit
• Individuals
• Landlords
• Any housing organization
owning property
'
• For-profit & non-profit
serving <50% AMI
•
-
Other program
notes .
Projects will be required to
match funds with volunteer
services
'
.
Keep application process simple
•
.
-
•
Alter initia12060 capitalization
of TCSCree pool, members would
pay a per unit amount to join
co-op. Members could
withdraw funds for eligible
maintenance and repair needs.
Prepared by: Caroline McDonald Consulting
December 2001
0
Page 12
A summary of the program design elements common to all program designs (trust fund and non -
trust fund program designs) included:
Fundingrounds: Of the 12 presentations, a majority (6) indicated that the funding should
be annual; the remaining preferences were split between quarterly and
semi- annually.
Loans or grants: Of those indicating a preference, all trust fund proposals indicated that
the funds should be provided as a mixture of loans and gn:ants. With
one exception, all other programs preferred grants only.
Who can apply: Presenters were fairly evenly split between allowing applications from
non -profit and for -profit organizations, versus non -profit only.
A discussion of sct- asides:
Of those indicating a preference, the majority of the presenters indicated support for set- asides
within the fund. However, there was no overwhelming agreement as to which activity or group
of beneficiaries should receive the set - aside, nor was there agreement as to the amount of each
set - aside. According to all twelve presentations, priorities and beneficiaries of set - asides were as
follows (each check represents how many workgroups included the idea in at least one of its two
presentations):
Populations
• Persons with disabilities
• Persons <30% AMI
• Neglected and viral areas
Activities
• Rental Assistance
• Operations ' .0 •0
• Rental housing development & rehabilitation v
• Homeless shelter operations & development
Amount of set -aside
• Range $40,000 - $250,000 /year
October 232002 Workshop Recommendations
Based on the presentations of the workshop participants, the stakeholders were very interested in
developing a local housing trust fund. However, the need to make 2060 funds available as soon
as possible was also voiced very strongly. The development of a housing trust fund will take
time, prohibiting the immediate release of 2060 funding into the community. Therefore, in order
to address both the goals of establishing a local trust fund and addressing immediate community
housing needs, the "Spokane County Interim 2060 Housing Program" (Interim Program) will be
established while further research and local effort is put forth to establish a local housing trust
fund.
Many of the proposed activities that were presented during the workshop can be addressed in the
short term without the specific structure of a trust fund. The Interim Program can be established
as a revolving housing fund that blends the stakeholders' priorities and preferences so that many
Prepared by: Caroline McDonald Consulting Page 13
December 2002
of the immediate community housing needs may begin to be addressed. A suggested general
program concept for the Interim Program follows:
Interim Program Concept
Description: This fund, established and funded annually with the fees generated from
SFIB 2060 legislation (approximately $500,000 for its first year), will
serve the housing needs of the Spokane County community consistent
with the legislation passed by the Washington State Legislature. This
program will operate until such time that a local housing trust fund is
established. At that time, all assets and obligations of the Interim
Program will be transferred to the local housing trust fund, if possible.
Fund capitalization Although using 100% of the available 2060 fees will increase the fund
rate: much more quickly in the early years, that would disallow the use of
this money for immediate needs in the community, expressed clearly by •
the stakeholders. Therefore, 50% of the available funds will be set
aside each year for fund growth. A further financial analysis should be
completed to determine the capitalization goal. The remaining 50% of
the available fees should be used to address the needs as identified by
the stakeholders.
Beneficiaries: Spokane Community residents earning <50% A.MI. Additional
preferences will be established for more specific target populations
based on need as expressed through planning by the stakeholders (see
section below on "activities & priorities ").
Funding rounds: Annual
Loans or grants: Mixture of loans and grants, depending on activity
Who can apply: Non - profit, For- profit, housing and service organizations, faith -based
organizations, and individuals
Activities & priorities Based on the program designs presented by the workgroups, the
following priorities arc suggested fen first two years of this fund:
• Priority #1: Housing rehabilitation and new housing
development loans and grants (with preference for those projects
serving <30% A.MI, persons with disabilities, or projects in rural
areas) — includes homeless shelter development and rehab •
• Priority #2: Housing operations assistance grants- 3 -year grant
terms with no guarantee for renewal. Includes rental housing
and homeless housing
• Priority #3: Rental assistance (short term) including gap rent
assistance, deposits, etc.
9 I n spite of their popularity among the workgroups, the idea of sct- asides was put aside in favor of priorities because it
is much easier to modify priorities based on changing community needs during a regular public planning process than it
is to modify an existing set - aside.
Prepared by: Caroline McDonald Consulting
December 2002
Page 14
Interim Program Concept
Administration Spokane County Housing & Community Development Departirrent and
a fund advisory committee. A party other than the County may
administer any local trust fund that might be established in the future.
Planning Review priorities and conduct a public evaluation of the program once
every two years.
While a majority of the stakeholders supported.fonning a local housing trust fund immediately,
there was no discussion of the legal and administrative requirements of such a fund, In fact, some
proposals were in conflict. For example, it is not possible to grant the majority of the available
funds and still grow the principal required to maintain and oprratc a trust fund. At the conclusion
of the October 23 meeting, stakeholders expressed the desire to participate in an additional
workshop that would give their opportunity to provide input on many of the issues that were left
undecided. In order to address these issues, another workshop was scheduled.
Prepared by: Caroline AfeDorrad GbnsufUng Page 15
December 2002
Final Program Design Workshop
In addition to a draft version of this document, the following invitation and materials were sent to
all stakeholders:
• • Follow -Up Workshop Invitation
• Agenda*
• List of Discussion Topics*
*The agenda and list of discussion topics are included as attachments to this document
The purpose of the follow up meeting was to:
1. Provide additional legal and logistical information regarding the desire of the
stakeholders to form a local housing trust fund, and
2. Obtain enough additional program detail from the stakeholders to present in interim
program plan to the Commissioners and subsequently implement that program within the
first quarter of 2003.
Flousinz .Trust Fund Lo.Qistics
Dave Hubert, Deputy District Attorney, addressed stakeholders and explained that the fund
already established by the County for the SHB 2060 funds per the state legislation is consistent
with a "trust fund"; therefore, no other fund needs to be established in order to comply with the
stakeholder's wishes The only thing that remains to be done is to continue working on the
details of the operation, administration, and maintenance of the fund. Sorne of the salient points
of the discussion were:
According to the SH13 2060 legislation:
• Funds collected by the 2060 legislation are to be given to and maintained by the County.
This may present a problem in utilizing a third party to administer the funds as desired by
some of the stakeholders- If administration by another party is to be considered
additional legal opinions must be sought.
• The County must develop inter -local agreements with the cities and towns regarding the
distribution of funds.
• The fund is set up to allow for additional donations to be made to the fund in the form of
grants and private donations. However, it is unclear whether donors would be entitled to
a charitable tax deduction because the County is not a "non- profit ".
Based on the information discussed, it was determined by the stakeholders that the existing fund
that has already been established by the County to maintain the 2060 funds would be sufficient as
a "local housing trust fund ".
1° Written documentation provided by Mr. Hubert and the Department during the November 21" workshop including a
financial analysis of the funds collected to date are included in this document as "Attachment 3 and 4".
Prepared by.' Caroline McDonald Consulting Page 16
December 2002
Interim Program Final Desi, n_Deveiopment
Although a program concept had been designed from the information provided by the
stakeholders at the October 23 workshop, additional detail was needed to move into program
implementation_ The discussion topics outlined many of the issues that were put to the
stakeholders for discussion and decision•(see attachment 5). The decisions made regarding the
details of the interim program follow
Interim Spokane Trust for Affordable Housing (ITAH)
Discussion Topic es lution
Purpose of Interim The interim program will:
Program + Ensure that Sli13 2060 funds already collected will be distributed into the
community to meet affordable housing needs at the earliest possible date;
▪ Give time to a local committee to complete the program design details for a
local .housing trust fund that will ultimately replace the interim program - ,
and
• Give the local committee the ability to observe the interim program in
action, allowing them to evaluate the effectiveness of each clement of the
program for consideration to be integrated into the eventual trust fund
proem.
Term of Interim 'The interim prograrn will run for a period of 12-2.4 months (depending on the
Program time needs of the local committee to fnalize the details of the permanent local
housing trust fund).
Ftinds'available When the Department releases a request for proposals for the use of 2060 funds
(V quarter 2003), half cif the 2060 funds held by the Department" will be
retained to begin the fund capitalization process_ The remaining 50% will be
distributed into the community to meet affordable housing needs. Until the
interim program is replaced, half of all available funds (including half of any
interest earned) will always go toward fund capitalization.
Funding rounds
Grants vs, Loans
The first funding round will begin the first quarter of 2003. The next funding
round will be in the fall of 2003, followed by a spring funding round in 2.004,
assurning there is enough money in the fund to make it worthwhile. Eventually,
funding will be semi-annual, in the spring and fall of each year
Projects serving 30 4 /0 A1.41 and lower will receive grants_ Projects serving 30%
Alf to 50 AMT will receive loans. Exception: Any project receiving funds for
non -capital expenditures will receive a grant_
I' Where information conflicts with the interim program detaik developed after the October workshop, the details
developed during the November worIl.shop prevail.
" Funds available will be determined by gross rec less 5% administration by the Spokane County Auditor for
cullec6orr costs and 40% of net reven forwarded to the State of 'Washington Housing Trust Fund, per SHE; 2060
legislation. The remaining 60% of net revenues will be used to determine funds available as described above.
Prepared by.. Caroline McDonald Coresu tirrg Page 17
December 2002
Discussion Topic Resolution
Loan Terms Flexibility is the key. Loan terms will vary with the proposal. Each proposal will
be reviewed for its financial feasibility, including the project's ability to support
debt. Generally, interest rates (if applicable) will be tied to the federal rate as a
general guideline. Deferrals and forgiveness will be applied as appropriate,
depending on each individual proposal.
Eligible applicants Any legal entity. Exceptions: Although faith -based organizations and churches
may apply, no project will be allowed to restrict participation based on required
religious affiliation or activities. Also, the Department will not accept applications
from individuals for single - family homeowner repair or rent assistance. Such
projects must be sponsored by an organization willing to complete the activities on
a larger scale.
Funding limitations The minimum request will be $5,000. The maximum request will be limited only
by funds available. However; stakeholders expressed the importance of "spreading
the money around ". Therefore, a project proposing to serve a very limited clientele
and requesting most or all of the funds available would not be evaluated favorably
in most circumstances.
Term of award • Successful projects will be awarded funds to be used within 12 months from the
time a contract is executed with the County.
Renewable grants Applicants may apply in subsequent years for additional funding. However,
funding is never guaranteed.
Priorities The following priorities were set during the October 23' workshop:
• Priority #1: Housing rehabilitation and new housing development loans &
grants (with preference for those projects serving <30% A.M1, persons with
disabilities, or projects in rural areas) — includes homeless shelter
development and rehab
• Priority #2: Housing operations assistance grants. Includes rental housing
and homeless housing
• Priority #3: Rental assistance (short term) including gap rent assistance,
deposits, etc.
Priorities are to be considered thresholds, i.e., in order for a proposal to be eligible
for funding during the first REP period, it must address one of the three priorities
listed above. Priorities may also be used as tiebreakers in the evaluation process.
All other considerations being equal, projects addressing priority #1 will be funded
in favor of projects addressing other priorities.
Set - asides There will be no set -aside amounts for these priorities. Awards will be based on
the quality of proposals received.
Evaluation Criteria 1. Proposal demonstrates need of population: Provides a general statement of
need including consistency with County and/or City comprehensive plans.
2. Proposal demonstrates financial feasibility.
3. Proposal demonstrates applicant's capacity to undertake and complete project.
4. Soundness of project design: Is the project feasible? Does it make sense?
Have all other sources of funding been explored?
•' As noted earlier, the priorities will be used as threshold requirements and tiebreakers.
Prepared by: Caroline McDonald Consulting Page l
December 2002
Discussion Topic
Evaluation
Committee
On -going
qualification of
beneficiaries
Award negotiations
Income qualification policy:
Resolution
Evaluation committee composition:
6. Representative of the City of Spokane Valley
7. Representative of the City of Spokane
8. Representative of Spokane County (Community Services or Community
Development Department member)
9. Representative of SLIHC (Spokane Low income Housing Consortium)
10. Representative of the non -profit service provider community •
* *Please see discussion below.
Funding requests will be an "all or nothing" proposition. If an applicant requests
$50,000, the budget should reflect that need and demonstrate feasibility. In order
to fund many proposals, the Department will not fund everyone at a percentage of
requested funds. Exception: If only $15,000 remains in the fund, a $20,000 project
may not be automatically disqualified.
On- going_qualification or "certification" of beneficiaries:
'There was much debate on this issue. At the crux of the debate was the need to keep the
administrative requirements of the program to a minimum, versus the need for assurance that the
2060 money is being spent on qualified beneficiaries ( <50% AMT). On -going "certification" of
beneficiary income is a time - intensive task, which by its very nature greatly increases the cost of
administering any program. Several suggestions were made in attempts to satisfy both needs.
However, the stakeholders made no final decision. Rather, it was decided that Department staff
would develop a policy.
• In cases where the proposed project has other contributing sources of income that require
income certification, it will be assumed that income qualification requirements are being
met in conjunction with the administration of the other sources of income and no
additional qualifications or certifications will be required for 2060 funding.
• In cases where there are no other contributing sources requiring income certification, the
Department will:
o In cases of grants: certify that the beneficiaries rneet income qualifications at the
time of funding disbursement.
o In cases of loans: certify that the beneficiaries meet income qualifications at the
time of funding disbursal and thereafter on a semi - annual basis for up to 5 years.
The Department reserves the right to do a "spot inspection" of records at any
time during the 5 years.
Prepared by: Caroline McDonald Consulting Page 19
December 2002
Implementation
Next steps Date
6. Form local Spokane Trust for Affordable Housing Formation of committee:
Committee (STAHC) to: 1' quarter 2003
e. Observe implementation of ISTAH and evaluate successes Completion of committee
and difficulties as funding is distributed • into the duties:
community. 4` quarter 2004
f. Using ISTAH program as a guideline, develop funding and
administration policies for the final Trust Fund Program
(to be implemented in 12 -24 months from January 2003).
Develop final Trust Fund Program implementation
timeline.
g.
h. Develop timeline for future stakeholder input and
planning.
7. Identify and establish evaluation committee members based on
• guidelines established above.
8. Develop ISTAH application document and release to .public
. for proposals.
February 2003
March 2003
At the conclusion of the stakeholder process, the proposed activities, goals, and objectives will be
available for public comment. Final revisions to the proposed program would be made after
public comment is received. The Director of the Housing and Community Development
Department will present the Board of County Commissioners with 1) A description of the process
used in developing draft goals and objectives; 2) The narnes of individuals, representatives of
organizations, and local governments who participated in the process; 3) A summary of public
comments; 4) Proposed activities, including goals, objectives, policies, procedures and processes
for implementing the activity; and 4) An analysis and recommendation of the activities and
processes being proposed.
The Manager of the .Housing and Community Development Department, Tim Crowley, has
established a deadline of January 31, 2003, for the publication of a notice of funding availability.
Please provide any comments regarding this process in written form or by e-mail to:
Tim Crowley
Spokane County Housing and Community Development
721 N. Jefferson, Suite 200
Spokane, `VA 99260
tcrowley @.spokanecountv.ore
Updated information on the 2060 process may be requested from the same or viewed any time at
the Spokane County wcbsite at www. spokanecounty.org/cornmunitvdev by selecting "Important
Information about SHB 2060 funds" located on the left side of the page.
"This committee could be identical to the evaluation committee for the ISTAH or another similarly diverse group of
stakeholders overseen by the County.
Prepared by: Caroline McDonald Consulting Page 20
December 2002
MEMO RE: DRAFTING PROCESS FOR REGULATORY ORDINANCES.
June 13, 2003
Review at least several other municipalities ordinances on the topic to find out
what the range of options are.
2. Meet with at least several leaders of potentially affected groups or affected
parties.
- educate than as of the need for the proposed ordinance the City's standpoint.
- elicit comments on what they think should/should not be included.
- try to determine if there would be unintended consequences of adoption.
3. Try to anticipate who may provide opposition, and what that opposition may be.
4. Prepare reasonable list of policy alternatives for proposed ordinance.
5. Determine if the proposal should be routed through the Planning Commission.
6. Advertise the proposed action to encourage potentially affected parties to come
participate early on. This may include contacting the Spokesman- Review and
Valley News Herald to explain what is being proposed.
Cary P. Driskell
Deputy City Attorney
C) June 13, 2003
From Cary P. Driskell, Deputy City Attorney
MEMO TO CITY COUNCIL FOR JUNE 1.7 STUDY SESSION
ISSUE — Junk /inoperable vehicle ordinance.
Several members of the staff (Chris Berg, myself, Greg McCormick, Kim Lyonaise and
Scott Kuhta), Bill Gothmann of the Planning Commission, a SCOPE volunteer, and four
car enthusiasts met June 12 from 5:00 to 7:00 p.m. to discuss the junk vehicle ordinance
The purpose of the meeting was to address issues raised in opposition to the original draft
junk vehicle ordinance presented to the Council three weeks ago. This meeting was part
of a broader attempt to increase public participation for a revised proposal.
The meeting was very cordial, and staff all felt like we came to some general consensus
on the pertinent issues. Greg did a pared down version of the power point presentation
that was provided to Council last month to show the problem. We then explained to them
that the intent of the draft ordinance was to target true junk vehicles. We then walked
through state law, the existing County regulations, and the draft ordinance that was
tabled.
Following that, the group discussed various options, including definitional changes,
exceptions, fines, and appeal rights. Scott prepared a table of different policy approaches
under three classifications of ordinances. Those are included with this memo.
to summarize our discussions, there was consensus that up to three vehicles should be
allowed in back yards so long as they are completely screened year round by either sight -
obscuring fence or landscaping. There was consensus that the definitions did not need to
be changed if up to three vehicles (or parts thereof) were allowed. Further, once they
understood the issue of allowing up to 60 days for good faith effort of repair anywhere on
the property, they were fine with that, so long as there is additional language that the
Community Development Director has authority to grant one 60 day 'extension on a
showing of good cause.
Staff would like to know if there are any of the specific policy alternatives that the
Council would like the Planning Commission to give deference to.
We have also attached a projected timeline for adoption of a revised junk vehicle
ordinance.
p „ow
Cary P. riskell
Deputy City Attorney
Inoperable Vehicle Code
Comparison Chart
Current Zoning Code
Proposed Code
Alternative
Definitions
Inoperable Vehicle
Vehicle does not function as
originally designed because
essential components non
working, missing, or absent.
Junk Vehicle
• 3+ years old
• Extensively Damaged
• Apparently Inoperable
• Value = only scrap in it
Committee ok with
proposed code
definition. Classic car
definition not
necessary.
Number of Allowed
Inoperable Vehicles
Stored on Private
Property
UR -3.5 Zone
• One vehicle if being
repaired - no longer
than 60 days. Can be
located anywhere on
property.
• Unlimited if totally
enclosed
• Three vehicles if
totally screened
• Unlimited if enclosed
in building.
• One vehicle if being
repaired anywhere on
property - no longer
than 60 days.
Director can extend
no more than 60
additional days.
• Allows storage of 2 inoperable,
or not currently licensed
vehicles, if completely
screened
• Unlimited in enclosed building
UR -7 Zone
(S ame as UR -3.5
R -12
Storage only in enclosed building
UR -22
Same as U R -12
Enforcement
Criminal - jail and /or fine
(misdemeanor); or .
Civil violation subject to fines -
$75 - $500 + $50 per day
violation exists
Vehicle removed
(abatement) either by
owner or by City.
Can be fined $250
??
-
Appeal
14 days after receiving notice of
violation
15 days after receiving
abatement notice
15 days after receiving
abatement notice
Inoperable Vehicle Code
Comparison Chart
Inoperable Vehicle Code
Tentative Adoption Process
Citizens Advisory Committee
June 12, 2003
City Council Study Session
June 17, 2003
Planning Commission Study Session
July 9, 2003
Planning Commission Public Hearing
July 23, 2003
Planning Commission
Recommendation to City Council
August 20, 2003
City Council Study Session or Public Hearing
September 2, 2003
r
City Council Code Adoption
September 9, 2003
6/13/2003
CITY OF SPOKANE VALLEY
SPOKANE COUNTY WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE, CITY OF SPOKANE VALLEY, WASHINGTON,
ESTABLISHING A COMPREHENSIVE POLICY FOR THE PURCHASE AND
DISPOSITION OF GOODS, SERVICES, EQUIPMENT, SUPPLIES, AND PROPERTY
FOR THE CITY OF SPOKANE VALLEY.
WHEREAS, Washington law and City Ordinance govern the procurement of public
goods, services and works; and
«'HEREAS, the City Council desires to comply with state law and to engage in best
management practices in all aspects of bidding and purchasing; and
WHEREAS, the City Council desires to establish purchasing policies to guide the
procurement of goods and services for the City;
NOW THEREFORE, the City Council of the City of Spokane Valley, Washington,
ordains as follows:
Section 1. Definitions. Unless the context requires otherwise, the terms used in this
ordinance shall have the following meaning:
A. Adequate Appropriation Balance: Sufficient fund balance existing in the
appropriation item against which the purchase order is to be charged.
B. Bidding: Procedure used to solicit quotations on price and delivery from various
prospective suppliers of materials, goods, equipment, and other City property.
C. Bid: An offer, submitted by a bidder to furnish supplies, materials, goods,
equipment and other .property in conformity with the specifications, delivery terms and
conditions, and other requirements inclilded in the invitation for bids or otherwise required by the
City.
D. Capital Equipment: Any equipment of the City having an initial value of five
thousand dollars ($5,000) or more and an estimated useful life of three (3) or more years.
E. Contractual Services: Professional and general service contracts to accomplish a
particular project or service.
F. Public Property: Any item of real or personal property owned by the City.
G. Purchase Order: Document used to authorize the encumbrance of City funds
toward the purchase of supplies, materials, equipment and other property.
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14. Purchasing Agent: The Finance Director or an City employee designated by the
Manager to serve as a Purchasing Agent.
I. Requisition: A. standard form providing detailed information as to quantity,
description, estimated price, possible vendors, fund account, signature and other information
necessary to make purchasing decisions-
I. Responsible .Bidder: A. bidder who has proven by experience or information
furnished to the satisfaction of the City Manager or his designee that curre.nt financial resources,
.production or service facilities service reputation -and experience are adequate to make
satisfactory delivery of supplies of acceptable quality, equipment, or contractual services on
which he/she bids: and who has not violated or attempted to violate any provisions of this policy.
Section 2. Administration. Under direction of the Finance Director, the purchasing
procedure shall be administered in accordance with this ordinance and other applicable laws.
The Finance Director or designees) shall have the responsibility to:
A. Administer and maintain the purchasing system according to the rules and
regulations established or authorized by applicable ordinances and SLaiutes-
B- Coordinate the negotiation, purchase and disposition of all City supplies, materials
and equipment in consultation with City staff.
C. Seek to obtain competition by bidding or negotiation on all City purchases.
D. Prescribe and maintain such administrative policies, procedures and forms as are
reasonably necessary to implement this ordinance.
E. Coordinate the inspection of all City purchased equipment to assure conformance
with specifications.
F. . - Ensure that bidders' lists, vendors' catalog files and other records needed for the
efficient operation of the purchasing system are
0_ Maintain the property inventory and fixed asset systems of the City.
H. Determine with appropriate City staff the need for any routine preventive
maintenance contracts on various pieces of equipment, and to establish and maintain. said
maintenance contracts-
1, Periodically prepare a - comprehensive list of surplus, worn out or obsolete
City -owned equipment_ Items which cannot be used or re- assigned to another department shall
be recommended for disposal at a public auction.
Section 3. Competitive Bidding. When the price of the supplies. materials, goods or
equipment is estimated to exceed twenty-five thousand dollars ($25,000,00), the following
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A. Publication of Notice. For non- public works projects, sealed bids may be invited
by a single publication in the official newspaper at least seven (7) days prior to bid opening and
by mailing invitations to interested bidders who have requested their names be included on a
bidder's list for the type of purchase to be made. Notice of the request shall also be posted in a
public place by the City Clerk. The notice shall generally state the nature of the work to be done,
that plans and specifications may be obtained from the City, and the manner, place, date and time
for submitting abid to the City.
B. Rejection of Bids. The Fi.nance Director may reject, without cause, any and all
bids and may re- advertise for bids pursuant to the procedures herein described. If no bids are
received, the Finance Director, with approval of the City Council, may negotiate the purchase
with a vendor at the lowest cost possible to the City.
competitive bid process shall be used.
C. Performance Bonds. Before entering into a contract, the City Manager or
designee may require a performance bond in such amount as is reasonably necessary to protect
the best interests of the City and to assure complete, proper, and full performance of the contract.
A performance bond shall be required on all public works construction projects.
D. Bid Bonds. The Finance Director may require as a condition of bidding a bid
bond or a cashier's check in lieu thereof in the amount of 5 percent (5 %) of the amount bid. Such
bid bond shall be required on all formally bid public works construction projects. When the
contract is let, all bid bonds shall be returned to the bidders except that of the successful bidder
which shall be retained until a contract is entered into and a bond to perform the work furnished
as provided above. If the successful bidder fails to enter into the contract in accordance with the
bid and furnish such bond within ten (10) days from the date at which the bidder is notified of
bid award, the bid bond shall be forfeited.
E. Award of Bid. Except as otherwise provided herein, the City will accept the bid
of the lowest responsible bidder.
F. Award to Other Than Low bidder. When the bid award is not given to the lowest
bidder, a full and complete statement of the reasons shall be prepared by the Finance Director
and placed in the City file relating to the transaction.
Section 4. Exemptions To Competitive Bidding Re iuirements. The following types
of purchases are exempt from competitive bidding requirements:
A. Sole Source. Purchases which by their nature are not adapted to competitive
bidding, such as purchases which are clearly and legitimately limited to a single sburce, and
contracts to repair or addition to equipment owned by the City which may be more efficiently
accomplished to by a certain person or firm, with previous experience on the equipment.
B. Special Facilities or Market Conditions. Purchases involving special facilities or
market conditions that generally relate to acquisition of unique facilities that may be specially
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manufactured or not otherwise generally available. Special market conditions may require
immediate acquisition based upon a favorable offer, including but not limited to, liquidation
sales, public or private party offers and similar circumstances where the acquisition can be
obtained at below market value.
Where the City waives the competitive bidding requirements for sole source, special
facilities /market conditions, the City Council shall pass a Resolution reciting the factual basis for
the exception.
C. Auction, Closeout. Bankruptcy Sales. If it is determined that supplies, material, or
equipment can be purchased through public auction, closeout sale, bankruptcy sale or other
similar sale at a cost below the market cost, the Finance Director may authorize said purchase(s).
D. Exchanges. The City may by agreement exchange supplies, materials or
equipment with other public agencies.
E. Inter -local Aueements in Letting of Contracts for Commodities or Services. The
City Manager or designee may enter into joint purchase agreements with any and all other public
agencies within the state for the purchase of any commodity or service as permitted by state law,
where it is determined by the Manager to be in the best interest of the City.
F. Emergency Purchases. In the event that an emergency should arise after office
hours, which emergency requires immediate action on the part of the City department involved
for the protection of the best interests of the City, or should such a situation arise on a Saturday,
Sunday or holiday and where it is not possible or convenient to reach the City Manager, any
necessary purchase shall be made by the City department for which the purchase is necessary.
The purchase shall be reported to the Finance Director at the first of the next business day.
Publication notices may be waived for emergency purchases as provided by law. However,
authorized employees must demonstrate a reasonable effort to contact two or more vendors for
price quotations.
G. Petty Cash. The Finance Department may maintain a petty cash fund of up to one
thousand dollars ($1,000) to help eliminate the issuance of purchase orders and claims vouchers
for small items needed immediately from vendors not having open purchase orders. No single
petty cash purchase shall exceed fifty dollars ($50), except in emergencies. All requests for petty
cash funds or reimbursement of petty expenditures shall be reconciled by a receipt or paid
invoice along with a completed petty cash form. Reimbursements and reconciliations of petty
cash funds shall be made within 30 days of the transaction. No personal checks shall be cashed
out of the Petty Cash Fund.
H. Real Property. Acquisition of real property is exempt from the competitive
bidding requirements set forth in this Ordinance. Upon approval of the City Council, the City
Manager or designee may proceed to acquire real property through negotiation. Such
negotiations shall be based upon a fair market value appraisal of the property. The City shall not
pay more than fair market value for any real property without prior City Council approval.
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I. Small Purchases. The procurement of supplies, materials, goods and e- quipment
under $7,500 in value may be procured as the City Manager or designee deems appropriate to
secure the most efficient and cost - effective purchase for the City.
J. Purchases Between $7,500 and $25.000. Material, equipment or contractual
services other than engineering and architectural services, the cost of which is between seven
thousand five hundred dollars ($7,500) and twenty -five thousand dollars ($25,000), may be
procured through telephone and/or written quotations, proposals or bids on forms prescribed by
the Finance Director. Three documented quotations shall be sufficient to determine a competitive
price for any such purchase except for items that can only be obtained from a single source. Said
purchases shall be awarded to the lowest responsible bidder.
Section 5. Prohibited Practices. The following types of purchasing practices are
hereby prohibited.
A. Collusion Among Bidders. Any agreement or collusion among bidders or
prospective bidders to either buy or sell, in restraint of freedom of competition, be it agreement
to hid a fixed price, or otherwise, shall render the bids of such bidders void. Such bidders may
be subject to exclusion from future bidding with the City when determined by the Finance
Director to be in the best interest of the City.
B. Disclosure of Formal Bid Contents. Any disclosure in advance of the opening
bids, of any information contained in the sealed or formal bid, made or permitted by a City
Officer or employee may render each bid void either by the City or the parties submitting bids.
Appropriate disciplinary action shall be taken against both the persons revealing the information
and the persons using the information. Notwithstanding anything herein to the contrary, all bids
submitted by bidders taking advantage of any information revealed contrary to this section shall
at once become null and void.
C. Gratuities. In accordance with high standards of behavior, the acceptance of any
gift or gratuity in the form of cash, merchandise or any other thing of significant value by an
official or employee of the City from any vendor or contractor, or prospective vendor or
contractor, is prohibited.
D. Employee Owned Businesses. City goods or services shall not be obtained from
businesses in which City officials, employees or their immediate family members have a majority
ownership interest or otherwise exceed the "interests" described in RCW Chapter 42.23.
B. Sale of Materials and Supplies. The City shall not use its purchasing power or
lend its credit to acquire goods or. services for any private party, nor shall the City sell its
materials or supplies to City officials, employees, or the public except when said materials have
been declared surplus and disposed of as provided herein.
Section 6. Disposition of Public Property. Public property shall be disposed of in the
following manner:
A. Definition. "Public Property" as defined herein means any property or equity
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Page 5
interest in real or personal property held or owned by the City.
B. Surplus Property_ Upon recomniendation of a Department Director, the Finance
Director may declare property surplus upon one or more of the following criteria:
1. The City h.as or soon will have no practical, efficient, or appropriate use
for the property, nor Will it have such a use for the property in the near future_
2. The purpose served by the property can be accomplished by use of a better,
less costly, or more efficient alternative.
3. The purpose served by the property or its use no longer exists as
determined by a change of policy evidenced by an ordinance or resolution of the City Council.
4. The property is damaged, worn out otherwise inoperable and the cost of
repairing the same is unwise or i.nipractical.
C. Sale of Property. The Finance Director is autbori.zed to sell surplus property in
the follow manner:
1. If a Department Director has control or supervision over City personal.
property which is deemed surplus to City use, the Finance Director shall be notified, who shall in
turn notify Department Directors or other City representatives and provide notice of potential
disposition. If any such person desires to acquire and use the proposed surplus property, the
property may be transferred to the requesting Department Director, or other authorized
representative.
2. If no request for ase of proposed surplus property is received, the Finance
Director may proceed to direct the disposal of the same by public auction, bid, or other method of
sale on terms deemed to be in the best interest of the City.
3. • Surplus personal property which is unseilable because of obsolescence,
wear and teat, or other i'easoris may be dismantled, if necessary, and sold as scrap. Surplus
personal property which has no marketable value or use may be discarded as refuse.
4. If the proposed surplus property is real property, notice of the proposal to
declare the same surplus shall be given to the City Council.
5_ The decision to declare surplus• real property shall rest solely with the City
Council. if the City Council declares •the real property as surplus, the Finance Director shall
secure a market value appraisal of the property and proceed to sell the same by public auction or
through the formal bidding procedures the City Manager deems to be in the best interest of the
City.
6, If the estimated value of the real property exceeds fifty- thousand dollars
($50,000.00), the City shall follow the process set :Forth. to RCW 39.33.020.
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D. Trade of Real Property. Real property may be traded under the following
conditions.
1. If the Finance Director determines that the real property declared surplus
under this section could be sold for a greater consideration or benefit to the City if something
other than. cash were taken as consideration, then. the Finance Director may invite prospective
purchasers to tender consideration either cash or in -kind or a combination of both. Upon receipt
of a bid tendering consideration in -kind, and prior to accepting such bid, the Finance Director
shall make a report setting forth for the benefits of such trade. This report shall be made to the
City Council at a regular Council meeting and the report shall be open to public inspection.
2. Before accepting any bid containing in -kind consideration, an adequate
appraisal must have been made by a qualified independent appraiser.
3. If the City Council finds that the bid containing the in -kind consideration,
has more value or benefit to the City than any other bid submitted, the Finance Director may
accept the bid containing in -kind consideration.
E. Lease of Public Property. The City Manager or designee may authorize the lease
or sublease of any property, including real property, under such terns and conditions as the City
Manager may deem desirable, fair and appropriate, either by use of negotiations or bidding in the
best interest of the City. Leases of real property shall not be granted for a period of more than
five (5) years, unless otherwise authorized by the City Council.
Section 7. Severability.. If any section, sentence, clause, or phrase of this ordinance
should be held to be invalid or unconstitutional, such decision' shall not affect the validity or
constitutionality of any other section, sentence, clause, or phrase of this ordinance.
Section 8. Effective Date. This ordinance shall be in full force and effect on the
official date of incorporation provided publication of this ordinance or a summary thereof occurs
in the official newspaper of the City as provided by law.
Passed by the City Council of the City of Spokane Valley on , 2003.
Al 11 ST:
Christine Bainbridge, City Clerk
Approved as to Form:
. C:\cpd work fileslordinances \CM contracting authority purchasing ordinance - general authority 6- 13- 03.doc
Page 7
Mayor, Michael DeVieming
Interim City Attorney, Stanley M: Schwartz
Date of Publication :
Effective Date:
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Page 8
RESOLUTION NO. 03-
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
� J
A RESOLUTION APPROVING THE FORM OF AGREEMENTS FOR
PROFESSIONAL SERVICES, GENERAL SERVICES AND
CONSTRUCTION SERVICES.
WHEREAS, to ensure that work and services are properly and competently performed on
behalf of the City of Spokane Valley, it is advisable to enter into contracts for such work and
services;
WHEREAS, the City h a s enacted Ordinance No. l 1 Creating . and , Establishi.rig a Small
Works Roster to Award Public Works Contracts, Ordinance No. 22 Providing for the
Procurement of Architectural and Engineering Services, Ordinance No. Providing for the
Purchase of Goods, Services and Equipment for the benefit of the City and Ordinance No.
Granting the City Manager Contract Authority; and
WHEREAS, to facilitate and expedite the business of the City including the letting of
contracts for goods, services and work, the City Council is desirous of adopting certain form
agreements to be executed by the City Manager or designee in conformance with the above
ordinances and State law.
NOW THEREFORE., be it resolved by the City Council of the City of Spokane Valley,
Spokane County, Washington, as follows:
The below identified agreements are approved by the City Council as the form
agreements to be entered into by and between the City and individuals, entities or organizations
performing services, work or providing goods, equipment, supplies or property to the City of
Spokane Valley. To make an agreement by and between the City of Spokane Valley and a
person or entity, .the City Manager or designee is authorized to execute the form agreements
including modifying the same, as reasonably necessary, provided such modifications do not
substantially change the terms or conditions contained in the agreement. The following form
agreements, which are attached hereto, are approved by the City Council for use by the City
Manager or designee.
(1) Agreement for. Services;
(2) Agreement for Professional Services; and
(3) Agreement for Construction Services.
Adopted this day of June, 2003.
City of Spokane Valley
:Mayor Michael DeVleming
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Page 1-
ATTEST:
City Clerk, Chris Bainbridge
Approved as to Form:
Interim City Attorney, Stanley M. Schwartz
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Page 2
AGREEMENT FOR CONSTRUCTION SERVICES
[Name of Contractor]
THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of
the State of Washington, hereinafter "City" and hereinafter "Contractor",
jointly referred to as "parties." -
IN CONSIDERATION of the terms and conditions contained herein the parties agree as
follows:
1. Work to Be Performed . The CONTRACTOR shall do all work and furnish all
labor, tools, materials, supplies and equipment for the project (hereinafter
"work ") in accordance with, and as described in Exhibit _(Contract Plans), and 2002 Standard
Specifications for Road, Bridge and Municipal Construction of the Washington State Department of
Transportation, or as amended, which are by this reference incorporated herein and made part hereof
("Contract Documents "), and shall perform any changes in the work in accord with the Contract
Documents. •
The CONTRACTOR shall, for the amount set forth in the Contractor's bid proposal attached
hereto, assume and be responsible for the cost and expense of all work required for constructing and
completing the work and related activities provided for in the Contract Plans and Contract
Documents, except those items mentioned therein to be furnished by the City of Spokane Valley.
The City Manager designee shall administer and be the primary contact for Contractor.
Prior to commencement of work, Contractor shall exercise best efforts to contact the City Manager
or designee to review the scope of work, schedule, and time of completion. Upon notice from the
City, Contractor shall promptly commence work, complete the same in a timely manner, and cure
any failure in performance under this agreement.
Unless otherwise directed by the City, all work shall be performed in conformance with the
Contract Plans, Contract Documents, Federal, State and City laws, ordinances and regulations.
Contractor acknowledges review of the Contract Plans and Contract Documents and, accepts the
same. Contractor shall exercise best efforts, including the selection of the highest quality materials,
so that all work performed shall be in compliance with current related industry standards.
2. Term of Contract. This Agreement shall be in full force and effect upon execution
and shall remain in effect until
The City may terminate this Agreement by ten (10) days' written notice to the other party. In
the event of such termination, the City shall pay the Contractor for all work previously authorized
and satisfactorily performed prior to the termination date.
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3. Compensation. The City agrees to pay the Contractor:
[ ] a sum of for the work, as full compensation for everything
furnished and done under this Agreement.
or
[Jon a time and material basis as set forth in the attached bid up to a maximum fee of
as full compensation for everything furnished and done under this
Agreement.
4. Payment. The Contractor may elect to be paid in monthly installments, upon
presentation of an invoice to the City, or in a lump sum, upon completion of the work. Applications
for payment shall be sent to the City Clerk at the below- stated address.
The City reserves the right to withhold payment under this Agreement which is determined,
in the reasonable judgment of the City Manager or designee, to be noncompliant with the Contract
Plans, Contract Documents, or Federal, State and City laws, ordinances and regulations.
5. Notice. Notice shall be given in writing as follows:
TO THE CITY: • TO THE CONTRACTOR:
Name: City Clerk Name:
Phone Number: (509) 921-1000 Phone Number:
Address: 11707 East Sprague Ave., Suite 106 Mobil:
Spokane Valley, WA 99206 Address:.
6. Applicable Laws and Standards. The parties, in the performance of this
Agreement, agree to comply with all applicable Federal, State and City laws, ordinances and
regulations.
7. Prevailing Wages on Public Works. If this contract is for a "public work" which is
defined as "work, construction, alteration, repair or improvement other than ordinary maintenance
executed at the cost of. the City", the following provision applies.
This Agreement provides for the construction of a public work and a payment of
prevailing wages according to Washington law. All workers, laborers or mechanics •
shall be paid a prevailing rate of wage that is set forth in an Exhibit to this
Agreement.
Before any payment may be made to Contractor a "Statement of Intent to Pay
Prevailing Wages" must be submitted to the City. Following final acceptance of the
public works project, the Contractor and each subcontractor shall submit an
"Affidavit of Wages Paid" before retained funds will be released to the Contractor.
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Labor and Industries.
The affidavit must be certified by the industrial statistician of the Department of
8. Relationship of the Parties. It is hereby understood, agreed and declared that the
Contractor shall be an independent Contractor, and not the agent or employee of the City, and that
the right to control the particular manner, method and means of the work is solely within the
discretion of the Contractor. Any and all employees who provide services to the City under this
Agreement shall be deemed employees of the Contractor. The Contractor shall be solely responsible
for the conduct and actions of all employees under this Agreement and any liability that may attach
thereto.
9. Ownership of Documents. All drawings, plans, specifications, and other related
documents prepared by the Consultant under this agreement are and shall be the property of the City.
Upon termination of the agreement, Consultant shall immediately provide City with all documents.
10. Records. The City or State Auditor or any of their representatives shall have full
access to and the right to examine during normal business hours all of the Consultant =s records with
respect to all matters covered in this contract. Such representatives shall be permitted to audit,
examine and make excerpts or transcripts from such records and to make audits of all contracts,
invoices, materials, payrolls and record of matters covered by this contract for a period of three years
from the date final payment is made hereunder.
11. Warrantv. Unless provided otherwise in the Contract Plans or Contract Documents,
Contractor warrants all work and materials performed or installed under this Contract is free from
defect or failure for a period of one year following final acceptance by the City, unless a supplier or
manufacturer has a warranty for a greater period, which warranty shall be assigned to the City. In the
event a defect or failure occurs in work or materials, the Contractor shall within the warranty period
remedy the same at no cost or expense to the City.
12. Contractor to Be Licensed, Bonded. The Contractor shall be duly licensed and
bonded by the State of Washington.
13. Insurance. During the term of the contract, the Contractor shall maintain in force at
its own expense, the following insurance:
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 Employer's Liability or Stop Gap Insurance in the amount of$1,000,000.00;
B. General Liability Insurance on an occurrence basis with a combined single
limit, of not less than $1,000,000.00 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, employees and agents are additional insureds, but only with respect to the
Consultant's services to be provided under the contract;
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C. Automobile Liability Insurance with a combined single limit, or the
equivalent, or not less than f each accident for bodily injury and property damage,
including coverage for owned, fired or non-owned vehicles, with the City as an additional named
insured; and
D. Professional Liability Insurance with a combined single limit of not less than
$1,000,000.00 each claim, incident er occurrence, This is to cover damages caused by the error,
orni siom, or negligent acts related to the processional services to be provided under this contract,
The coverage must remain in effect for at least two (2) years after the contract is completed, with the
City as an additional. named insured,
There shall be no cancellation, material change, reduction cif li.u,i is or intent not to
renew the insurance coveragc(s) without thirty (30) days written notice from the Contractor or its
insurer(s) to the City_
As evidence of the insurance coverages required by this contract, the Contractor shall furnish
acceptable insurance certificates to the City at the time the Contractor returns the signed contract.
The certificate shall specify all of the parties who are additional insureds and will include applicable
policy endorsements, the thirty (30) day cancellation clause, and the deduction or retention level_
Insuring companies or entities are subject to City acceptance_ If requested, complete copies of
insurance policies shall be provided to the City. The Contractor shall be financially responsible for
all pertinent deductibles, self-insured retentions, and/or self- insurance.
1.4. Indemnification and Hold Harmless- Each party shall indemnify and hold the
other, its officers, employees, agents and volunteers harmless from and ag -inst any and all claims,
demands, orders, decrees, judgments or other assertions of Liability for injuries, death or damage to
any person, entity or property arising or resulting from any act or omission on the part o.f said party
or its agents, employees or volunteers in the performance 0.f. this Agreement.
15. Waiver. No officer, employee, agent, or other individual acting on behalf of either
party, has the power, right, or authority to waive any of the conditions or provisions of this
Agreement. No waiver in one instance shall be beld to be waiver of any other subsequent breach or
nonperformance. All remedies afforded in this Agreement, or by law, shall be taken and construed
as cumulative, and in addition to every other remedy provi.ded herein or by law. Failure of either
party to enforce, at any time, any of the provisions of this Agreement, or to require, at any time,
performance by the other party of any provision hereof shall in no way be construed to be a waiver
of such provisions, nor shall it affect the validity of this Agreement, or any part thereof.
16. Assignment and Delegation. Neither party shall assign, transfer, or delegate any or
all of the responsibi of this Agreement,_or the benefits received hereunder, without first
obtaining the written consent of the other party. _
17, Subcontracts. Except as otherwise provided herein, the Consultant shall not e.nter
into subcontracts for any of the work contemplated under this agreement without obtaining written
approval of the City_
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18. Jurisdiction and Venue. This Contract is entered into in Spokane County,
Washington. Venue shall be in Spokane County, State of Washington.
19. Arbitration. All disputes arising under this Agreement shall be resolved through
arbitration pursuant to State law. Rules for arbitration shall be those prescribed by the American
Association of Arbitration.
20. Entire Agreement. This written Agreement constitutes the entire and complete
agreement between the parties, and supercedes any prior oral. or written agreements. This Agreement
may not be changed, modified, or altered, except in. writing and signed by the parties hereto.
21. Anti - kickback. No officer or employee of the City, having the power or duty to
perform an official act or action related to this Agreement, shall have, or acquire, any interest in this
Agreement, or have solicited, accepted, or. granted, a present or future gift, favor, service, or other
thing of value from any person with an interest in this Agreement.
22. Business Registration. Prior to commencement of work, Contractor shall register
with the City as a business.
23. Exhibits. Exhibits attached and incorporated into this agreement are:
IN vvr NESS WHEREOF, the parties have executed this Agreement this day of
, 2003.
CITY OF SPOKANE VALLEY: CONTRACTOR:
City Manager Owner
Tax I.D. No.:
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
C:1cpd work fileslordittanocs \CM connecting authoritytconstruetion agreement forth 6 -13 -035
follows:
AGREEINT FOR SERVICES
[Name of Contractor!
THIS IIS AEEMEIT is made by and between the City of Spokane Valley, a code City of the
State of Washington, hereinafter "City" and hereinafter "Contractor ",
jointly referred to as "Parties ".
J. CONSIDERATION of the terms and conditions contained herein the parties agree as
1. Work to Be Performed. The Contractor will furnish all equipment, supplies,
material and labor to provide the following services:
(Hereinafter "work "),
The City Manager or designee shall administer and be the primary contact for Contractor.
PACT to commencement of work, Contractor shall contact the City Manager or designee to review the
scope of work, schedule and date of completion. lipon notice from the City, Contractor shall
commence work, perform the work, stop work and promptly cure any failure in performance under
this agreement
All work shall be performed pursuant to applicable Federal., State and City laws, ordinances
and regulations, or as otherwise set forth in this agreement. Contractor shall exercise best efforts
including the selection of the hig1.est quality materials so that all work performed shall be in
compliance with current related industry standards.
2. Tern of Can traet. This Agreement shall be in fill force and effect upon.executiori
and shall be completed by the day of , 200_. Either party may terminate this
Agreement by ten (10) days u itten notice to the other party- In the event of suchterirination, the
Ci ty shall pay the Contractor for all work previously authorized and satisfactorily performed prior to
the termination date.
3, Compensation. The City agrees to pay the Contractor a lump sun} not to exceed
:write amount] ($ ) as full compensation for everything furnished and done
under this agreement.
(OR]
The City agrees to pay the Contractor on a time and materials basis as set forth on the
attached fee and cost schedule provided the total sum does not exceed [write amount]
4. Payment. The Contractor may elect to be paid in monthly installments upon
presentation of an invoice to the City or in a lump sum upon completion of the work- Applications
for payment shall be sent to the City Finance Director at the below stated address-
C'\cpd work fiCcslordinanees'CM contracting 1ulltority*Ever0 services agreement 6-13-03
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The City reserves the right to withhold payment under this agreement which is determined in
the reasonable judgment of the City Manager to be noncompliant with the scope of work, City
Standards, City ordinances and federal or state standards.
5. Notice. Notice shall be given in writing as follows:
TO THE CITY: TO THE CONTRACTOR:
Name: City Clerk Name:
Phone Number: (509) 921 -1000 Phone Number:
Address: 11707 East Sprague Ave., Suite 106 Address:
Spokane Valley, WA 99206
6. Applicable Laws and Standards. The parties, in the performance of this agreement,
agree to comply with all applicable Federal, State, and City laws, ordinances, and regulations.
7. Relationship of the Parties. It is hereby understood, agreed and declared that the
Contractor shall be.an independent Contractor and not the agent or employee of the City, that the
City is interested in only 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
Contractor. Any and all employees who provide services to the City under this agreement shall be
deemed employees solely of the Contractor. The Contractor shall be solely responsible for the
conduct and actions of all employees under this agreement and any liability that may attach thereto.
8. • Ownership of Documents. All drawings, plans, specifications, and other related
documents prepared by the Consultant under this agreement are and shall be the property of the City.
Upon termination of the agreement, Consultant shall immediately provide City with all documents.
9. Records. The City or State Auditor or any of their representatives shall have full
access to and the right to examine during normal business hours all of the Consultant's records with
respect to all matters covered in this contract_ Such representatives shall be permitted to audit,
examine and make excerpts or transcripts from such records and to make audits of all contracts,
invoices, materials, payrolls and record of matters covered by this contract for a period of three years
from the date final payment is made hereunder.
10. Contractor to Be Licensed And Bonded. The Contractor shall be duly licensed and
bonded by the State of Washington.
11. Insurance. During the term of the contract, the Contractor shall maintain in force at
its own expense, the following insurance:
•
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 Employer's Liability or Stop Gap Insurance in the amount of $1,000,000.00;
C:\cpd work fileslordinances\CM contracting a uthorityAgeneral services agreement 6 -13-03
2
13. General Liability Insurance on an occurrence basis with a combined single
limit, of not less than $1,000,000.00 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, employees and agents are additional insureds but only with respect to the
Consultant's services to be provided under the contract;
C. Automobile Liability Insurance with a combined single limit, or the
equivalent, or not less than $1 each accident for bodily injury and property damage
including coverage for owned, hired or non - owned vehicles, with the City as an additional named
insured; and
D. Professional Liability Insurance with a combined single limit of not less than
$1,000,000.00 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, with the
City as an additional named insured.
There shall be no cancellation, material change, reduction of limits or intent not to
renew the insurance coverage(s) without thirty (30) days written notice from the Contractor or its
insurer(s) to the City.
As evidence of the insurance coverages required by this contract, the Contractor shall fiirnish
acceptable insurance certificates to the City at the time the Contractor returns the signed contract.
The certificate shall specify all of the parties who are additional insureds, and will include applicable
policy endorsements, the thirty (30) day cancellation clause, and the deduction or retention level.
Insuring companies or entities are subject to City acceptance. if requested, complete copies of
insurance policies shall be provided to the City. The Contractor shall be financially responsible for
all pertinent deductibles, self- insured retentions, and/or self- insurance.
12. Indemnification and Hold Harmless. Each party shall indemnify and hold the
other, its officers, employees, agents and volunteers harmless from and against any and all claims,
demands, orders, decrees, judgments or other assertions of liability for injuries, death or damage to
any person, entity or property arising or resulting from any act or omission on the part of said party
or its agents, employees or volunteers in the performance of this Agreement.
13. Waiver. No officer, employee, agent or other individual acting on behalf of either
party has the power, right or authority to waive any of the conditions or provisions of this agreement.
No waiver in one instance shall be held to be waiver of any other subsequent breach or
nonperformance. All remedies afforded in this agreement or by law, shall be taken and construed as
cumulative, and in addition to every other remedy provided herein or by law. Failure of either party
to enforce at any time any of the provisions of this agreement or to require at any time performance
by the other party of any provision hereof shall in no way to be construed to be a waiver of such
provisions nor shall it affect the validity of this agreement or any part thereof.
C:\cpd work filcs\vrdinances\CM contracting authorir}1general services agzeemcnt 6 -13 -03
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14. Assignment and Delegation. Neither party shall assign, transfer or delegate any or
all of the responsibilities of this agreement or the benefits received hereunder without first obtaining
the written consent of the other party.
15. Subcontracts. Except as otherwise provided herein, the Consultant shall not enter
into subcontracts for any of the work contemplated under this agreement without obtaining written
approval of the City.
16. Confidentiality. Consultant may from time to time receive information which is
deemed by the City to be confidential. Consultant shall not disclose such information without the
express consent of the City or upon order of a Court of competent jurisdiction.
17. Jurisdiction and Venue. This Contract is entered into in Spokane County,
Washington. Venue shall be in Spokane County, State of Washington.
18. Cost and Attorney's Fees. In the event a lawsuit is brought with respect to this
Agreement, the prevailing party shall be awarded its costs and attorney's fees in the amount to be
determined by the Court as reasonable. Unless provided otherwise by statute, Contractor's attorney
fees payable by the City shall not exceed the lump sum amount of this agreement.
19. Entire Agreement. This written agreement constitutes the entire and complete
agreement between the parties and supercedes any prior oral or written agreements. This Agreement
may not be changed, modified or altered except in writing- signed by the parties hereto.
20. Anti- kickback. No officer or employee of the City, having the power or duty to
perform an official act or action related to this Agreement shall have or acquire any interest in this
Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other
thing of value from any person with an interest in this Agreement.
21. Business Registration. Prior to commencement of work, Contractor shall register
with the City as a business.
CITY OF SPOKANE VALLEY: CONTRACTOR:
City Manager
22. Exhibits. Exhibits attached and incorporated into this agreement are:
IN WITNESS WHEREOF, the parties have executed this Agreement this _ day of
, 2003.
Owner
Tax I.D. No.:
Al FEST: APPROVED AS TO FORM:
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CD City Clerk City Attorney
i
C:1epd work 81as1ordinanceslCM contracting authoritylgeneral services agreement 6-13 -03
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AGREEMENT FOR PROFESSIONAL SERVICES
[Name of Consultant]
THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the
State of Washington, hereinafter "City" and hereinafter "Consultant ",
jointly referred to as "Parties ".
IN CONSIDERATION of the terms and conditions contained herein the parties agree as
follows:
1. Work to Be Performed. The Consultant will provide all labor, services and material
to satisfactorily complete the attached Scope of Services.
A. Administration. The City Manager or his designee shall administer and be the
primary contact for Consultant. Prior to commencement of work, Consultant shall contact the City
Manager or his designee to review the Scope of Work, schedule and date of completion. Upon
notice from the City Manager or his designee Consultant shall commence work, perform the
requested tasks in the Scope of Work, stop work and promptly cure any failure in performance under
this agreement.
B. Representations. The City has relied upon the qualifications of the Consultant
in entering into this agreement. By execution of this agreement, Consultant represents it possesses
the ability; skill and resources necessary to perform the work and is familiar with all current Federal,
State and City laws, ordinances and regulations which reasonably relate to the Scope of Work. No
substitutions of personnel shall be made without the written consent of the City.
Consultant shall be responsible for the technical accuracy of its services and
documents resulting therefrom and City shall not be responsible for discovering deficiencies therein.
Consultant shall correct such deficiencies without additional compensation except to the extent such
action is directly attributable to deficiencies in City furnished information:
C. Modifications. The City may modify this agreement and order changes in the
work whenever necessary or advisable. The Consultant will accept modifications when ordered in
writing by the City Manager or his designee. Compensation for such modifications or changes shall
be as mutually agreed between the parties. The Consultant shall make such revisions in the work as
are necessary to correct errors or omissions appearing therein when required to do so by the City
without additional compensation.
2. Term of Contract. This Agreement shall be in full force and effect upon execution
and shall remain in effect until completion of all contractual requirements.
Either party may terminate this Agreement by ten (10) days written notice to the other
party. In the event of such termination, the City shall pay the Consultant for all work previously
authorized and satisfactorily performed prior to the "termination date.
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3. Compensation. The City agrees to pay the Consultant [insert amount] as full
compensation for everything clone under this agreement. The City shall reimburse the Consultant for
photocopying, postage, graphic reproduction at actual cost and will pay for authorized travel
(excluding travel to the City to attend meetings, presentations or otherwise perform the services
herein) at a rate of $.32 per mile
4. Payment. The Consultant shall be paid monthly upon presentation of an invoice to
the City. Applications for payment shall be sent to the City Clerk at the below stated address. •
The City reserves the right to withhold payment under this agreement which is determined in
the reasonable judgment of the City Manager or his designee to be noncompliant with the Scope of
Work, City Standards, City ordinances and federal or state standards.
5. Notice. Notice shall be given in writing as follows:
TO THE CITY: TO THE CONSULTANT:
Name: City Clerk Name:
Phone Number: (509)921 -1000 Phone Number:
Address: 11707 East Sprague Ave., Suite 106 . Address:
Spokane Valley, WA 99206
6. Applicable Laws and Standards. The parties, in the performance of this agreement,
agree to comply with all applicable Federal, State, and local laws, ordinances, and regulations.
7. Relationship of the Parties. It is understood, agreed and declared that the Consultant
shall be an independent Consultant and not the agent or employee of the City, 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 Consultant. Any and all employees who provide services to the City under this
agreement shall be deemed employees solely of the Consultant. The Consultant shall be solely
responsible for the conduct and actions of all employees under this agreement and any liability that
may attach thereto.
8. Ownership of Documents. All drawings, plans, specifications, and other related
documents prepared by the Consultant under this agreement are and shall be the property of the City.
Upon termination of Agreement, Consultant shall immediately provide City with all documents.
9. Records. The City or State Auditor or any of their representatives shall have full
access to and the right to examine during normal business hours all of the Consultant's records with
respect to all matters covered in this contract. Such representatives shall be permitted to audit,
examine and snake excerpts or transcripts from such records and to make audits of all contracts,
invoices, materials, payrolls and record of matters covered by this contract for aperiod of three years
from the date final payment is made hereunder.
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10. Insurance. During the term of the contract, the Consultant shall maintain in force at
/ its own expense, the following insurance:
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 Employer's Liability or Stop Gap Insurance in the amount of $1,000,000.00;
B. General Liability Insurance on an occurrence basis with a combined single
limit, of not less than $1,000,000.00 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, employees and agents are additional insureds but only with respect to the
Consultant's services to be provided under the contract;
C. Automobile Liability Insurance with a combined single limit, or the
equivalent, or not less than $1,000,000.00 each accident for bodily injury and property damage,
including coverage for owned, hired or non -owned vehicles; and
D. Professional Liability Insurance with a combined single limit of not less than
$1,000,000.00 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 thirty (30) days written notice from the Consultant or its
insurer(s) to the City.
As evidence of the insurance coverages required by this contract, the Consultant shall
furnish acceptable insurance certificates to the City at the time the Consultant returns the signed
contract. The certificate shall specify all of the parties who are additional insured, and will include
applicable policy endorsements, the thirty (30) day cancellation clause, and the deduction or
retention level. Insuring companies or entities are subject to City acceptance. If requested„ complete
copies, of insurance policies shall be provided to the City. The Consultant shall be financially
responsible for all pertinent deductibles, self- insured retentions, and/or self-insurance.
11. indemnification and Hold Harmless. Each party shall indemnify and bold the
other, its officers, employees, agents and volunteers harmless from and against any and all claims,
demands, orders, decrees, judgments or other assertions of liability for injuries, death or damage to
any person, entity or property arising or resulting from any act or omission on the part of said party
or its agents, employees or volunteers in the performance of this Agreement.
12. Waiver. No officer, employee, agent or other individual acting on behalf of either
party has the power, right or authority to waive any of the conditions or provisions of this agreement.
No waiver in one instance shall be held to be waiver of any other subsequent breach or
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nonperformance_ All remedies afforded in this agreement or by law, shall be taken and construed as
cumulative, and in addition to every other remedy provided herein or by law, Failure of either part}'
to enforce at any time any of the provisions of this agreement or to require at any time performance
by the other party of any provision hereof shall in no way to be construed to be a waiver of such
provisions nor shall it affect the validity of this agreement or any part thereof
13. Assignment and Delegation. Neither party shall assign, transfer or delegate any or
all of the responsibilities of this agreerrnent or the benefits received hereunder without first obtaining
the written consent of the other party.
14. Subcontracts. . Except as otherwise provided herein, the Consultant shall not enter
into subcontracts for any of the work contemplated under this agreement. without obtaining written
approval of the City.
15, Confidentiality, Consultant may from time to time receive information which is
deemed by the City to be confidential_ Consultant shall not disclose such i.n.formation. without the
express consent oft e. City or upon order of a Court of competent jurisdiction_
16. Jurisdiction and Venue. This Contract is entered into in Spokane County
Washington. Venue shall be in Spokane County, State of Washington,
17. Cost and Attorney's Fees. In the event a lawsuit is brought with respect to this
Agreement, the prevailing party shall be awarded its costs and attorney's fees in the amount to be
deter uiinedby the Cointas. reasonable_ Unless provided otherwise by statute, Consultant's attorney
fees payable by the City shall not exceed the total sum amount paid under this agreement_'
18. Entire Agreement. This w itten agreement constitutes the e»tiue and complete
agreement between the parties and supersedes any prior oral or written agreements_ This Agreement
may not be changed, modified or altered except in writing signed by the parties hereto.
19. Anti - kickback. No officer or employee of the City, having the power or duty to
perform an official act or action related to this Agreement shall have or acquire any interest in this
Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other
thing of value from any person with an interest in this Agreement.
24_ Business Registration. Prior to commencement of work under this AgTeeroent,
Consultant shall register with the City as a business_
21. Exhibits. Exhibits attached arid incorporated into this agreement are:
L;1cpd work filcslord innncc51CM contracting airrhorrri.Vrarzsional ServiGes - consul mat G - 13 .03,do-;.
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IN 4VITIN'ESS WHEREOF, the parties have executed this Agreement this — day of
2003.
CI T Y OF SPOKANE VALLEY: Consultant:
City Manager
ATTEST:
Owner
Tax ID No.
City Clerk City Attorney
APPROVED AS TO FORM:
C:\cpd work fileslordinanccs\C 1 contracting authority\Professional Services - consultant 6 - t3 - 03.doc
5
ORDINANCE NO.
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, REPEALING ORDINANCE NO. a.2 AND GRANTING CONTRACT
AUTHORITY TO THE CITY MANAGER. _
WHEREAS, during the incorporation of the City, Ordinance No. 12 was enacted by the
City Council to provide limited purchasing and contracting authority to the City Manager for the
purchase of services;
WHEREAS, to properly manage the procurement of goods, services and works on behalf
of the incorporated City of Spokane Valley, and for the convenience of persons and entities who
provide such goods, services or works, the City Council desires to grant and expand the contract
authority of the City Manager to enter into contracts without obtaining individual approval for
each contract from the City Council, providing the expenditure is within the scope of the City
budget;
WHEREAS, the execution of such contracts shall be on forms approved by the City
Council through Resolution in accord with City Ordinance and State law.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, do ordain as follows:
Section 1. Repeal. Ordinance No. 12 is hereby repealed in its entirety.
Section 2. Contract Award from Small Works Roster. After following the process
.set forth in Ordinance No. 11, the City Manager is authorized to award and execute contracts for
public works projects where the estimated cost of the work is Two Hundred Thousand Dollars
($200,000.00) or less.
Section 3. Architectural and Engineering Services. After following the process set
forth in Ordinance No. 22, the City Manager is authorized to enter into professional service
agreements for the procurement of architectural and engineering services in amounts that do not
exceed One Hundred Thousand Dollars ($100,000.00) per agreement.
Section 4. General Services. For acquisition of general services, the City Manager,
following review of qualified consultants or service providers as set forth in Ordinance No. _, is
authorized to enter into professional services agreements that do not exceed One Hundred
Thousand Dollars ($1.00,000.00) per agreement.
Section 5. Acquisition of Supplies. Materials, Goods and Equipment. For acquisition
of' supplies, materials, goods and equipment, the City Manager after following the procedure or
,exception to the competitive bidding process set forth in Ordinance No. _ , is authorized to
enter into agreements that do not exceed Fifty Thousand Dollars ($50,000.00) per agreement.
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Section 6. Rules and Policy. The City Manager or designee may develop rules,
policies, and procedures to implement this Ordinance. All adopted rules, policies, and
procedures shall be 'filed with the City Clerk.
Section 7. Severabilitv. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance
Section 8. Effective Date. This Ordinance shall be in full force and effect on the
official date of incorporation provided publication of this Ordinance or a summary thereof occurs
in the official newspaper of the City as provided by law.
ATTEST:
Passed on this day of June, 2003.
City Clerk, Chris Bainbridge
Approved As To Form:
Interim City Attorney, Stanley M. Schwartz
Date of Publication:
Effective Date:
Mayor, Michael DeVleming
C:1cpd work files\ordinances\CM contracting authority\Repeal Ord 12 and Grant CM Authority 6- 13- 03.doc
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1
Memo
Spokane
jUalley
To: David Mercier, City Manager
From Greg McCormick, AICP — Long Range Planning Manager
Date June 12, 2003
Re: CDBG Cooperation Agreement
Background •
1
At the May 6, 2003 City Council study session staff presented information to the Council
regarding the city's options relative to participating in the Community Development
Block Grant (CDBG) Program. As was discussed, the only short term option available
to the city is to participate through the Spokane County CDBG consortium. Council
direction was to place this item on the May 13, 2003 agenda to authorize participation in
the county's program.
The city has two requirements to fulfill in order to be included in the CDBG consortium.
By May 31, 2003 the city must forward a letter to Spokane County and the Housing and
Urban Development (HUD) regional office in Seattle indicating the city's desire to
participate in Spokane County's program. A second requirement of the city is to enter
into a cooperation agreement with Spokane County regarding the CDBG consortium no
later than June 30, 2003.
The city has fulfilled the first obligation of sending a letter of intent to participate to both
Spokane County and the HUD office. The final requirement is to execute the attached
Cooperation Agreement 'and forward it to the county by June 30th. Three issues were
identified during the discussion of the CDBG participation that has been addressed with
county staff. Those issues are: 1) Membership to the Housing and Community
Development Advisory Committee (HCDAC); 2) Level of funding for Spokane Valley
area projects and programs; and 3) Administrative overhead funds held out of the
CDBG funds by the county.
Issue 1: County staff advised the city to draft a letter to the Spokane County
Board of Commissioners requesting that the H DAC by -laws and the county's
consolidated plan be amended to include representation from the City of Spokane
Valley on the HDA. The letter should include a recommendation regarding the
number of city representatives on the HCDA . County staff indicated that in the past
the Valley area had 3 to 5 representatives on the H DA .
Issue 2: County staff indicated that CDBG funding is awarded under a competitive
process described in the Consolidated Plan and that earmarking or setting aside a
specific dollar amount for Spokane Valley projects would not be consistent with the
adopted plan. Since 1999 the county has funded a total of $2,327,000 in projects in
Spokane Valley. The single largest project to receive funding is the CAPA program_ A
summary of the CDBG funding within Spokane County from 1988 through 2002 is
attached, In 2002 $743,334 in projects were funded in Spokane Valley out of a total
Spokane County CDBG allocation of $1,905,000 or 39% of the county's total funding.
Issue 3: Spokane County is allowed, under HUD guidelines, to use up to 20% of
the CDBG funds for administration and overhead costs, Spokane County withholds the
full 20% allowed to cover administration of the CDBG program as well as funding
planning related projects. County staff indicated that the city would have planning
projects associated with the comprehensive plan that may be eligible for CDBG funding
out of the 20% administrative fund.
Recommendation
Based an conversations with county staff and review of information provided, staff
recommends the following:
1. City Council authorizes Mayor DeVleming to sign the cooperation agreement
(attached) with the county. This would allow the city to apply to the county for CDBG
funding of eligible projects.
2. Direct staff to compose a letter to the county commissioners proposing changes
to the county's consolidated plan and the HCDAC guidelines to allow Spokane Valley
representation on the HDA.
3. Apply for CDBG funding for appropriate elements of the comprehensive plan
including housing, capital facilities and economic development when the 2004
application cycle begins Fall 2003.
* Page
COOPERATION AGREEMENT FOR
COMMTJMTY DEVELOPMENT BLOCK GRANT
AND
ROME INVESTMENT PARTNERSHIP FUNDS
THIS AGREEMENT, made and entered into by and between Spokane County (hereinafter called the
County) and the City of Spokane Valley (hereinafter called the City) this day of
2003.
W.TNESSETH:
WHEREAS, pursuant to Title I of the Housing and Community Development Act of 1974, as amended,
including Title VI of the Civil Rights Act of 1964, the Fair Mousing Act, Section 109 of Title 1 of the
,Housing. and Cori munity -Development Act of 1.974 and . other applicable laws, .Spokane County • is
entitled to receive Community Development Block Grant (CD13G) funds for federal fiscal years, 2000,
2001, and 2002; and
WHEREAS, the amount of CDBG funds to which the County may be entitled is in part dependent upon
the population of other CDBG eligible applicant cities and towns which by this Agreement elect to
participate in the CDBG and HOME Entitlement Program with the County;,and
WHEREAS, the purpose of this Cooperation Agreement, which is entered into pursuant to, and in
accordance with the State Inter -local Cooperation Act, RCW 39.34 is to plan for, and administer the
CDBG Program and the HOME Investment Partnership Program (HOME).
NOW, THEREFORE, in consideration of the mutual - promises made herein and the mutual benefits
received hereunder, the parties agree as follows:
1. The City may not apply for grants under the Small Cities or State CDBG Programs from
appropriations for fiscal years 2004 and 2005, the years during which the City is participating in the
Spokane County CD13G and HOME Program.
2. The City may not participate in a HOME consortium except through Spokane County, regardless of
whether Spokane County receives a HOME formula allocation.
3. The Spokane County urban county qualification period is federal fiscal years 2003, 2004, and 2005.
4. This Agreement remains in effect until the CDBG and HOME funds and income received for federal
fiscal years 2003, 2004, and 2005 are expended and the funded activities are completed.. The
County and the City may not terminate or withdraw from this Agreement while the Agreement
remains in effect.
5. The County and the City will cooperate to undertake, or assist in undertaking, community renewal
and lower income housing assistance activities, specifically community development and publicly
assisted housing.
w :l entitlmt120031city of spokanc valley\notification of opportunitylinvitation to participate Ietter.doc
6. The County and the City will take all actions necessary to assure compliance with Spokane County's
certification required by Section 104(b) of the Housing and Conununity Development Act of 1974,
as amended, including Title Vi of the Civil Rights Act of 1 964, the Fair Housing Act, Section 109 of
Title .1 of the Housing and Comm unity Development Act of 1974, and other applicable laws.
7. The County will not use CDBG or HOME funding for activities in, or in support of a City that does
not affirmatively further fair housing within the City's jurisdiction or that impedes the County's
actions to comply with the County's fair housing certification.
8. The City has adopted and is enforcing: a) a policy prohibiting the use of excessive force by Jaw
enforcement agencies within its jurisdiction against any individuals engaged in non - violent civil
rights demonstrations; and b) a policy of enforcing applicable State and local laws against
physically barring entrance to, or exit from a facility or location which is the subject of such
nonviolent civil rights demonstrations within jurisdictions.
9. The County and the City will not obstruct the implementation of the approved 'Consolidated Housing
and Community Development Plan and Annual Action Plan during the period covered by this
Agreement. The County and City further agree to participate in coordinated planning efforts to
develop the upcoming five -year Consolidated Plan (2005 -2010) and ensuing annual amendments.
10. The County has final responsibility for selecting CDBG and HOME activities and annually tiling the
Consolidated Annual Performance_ and Evaluation Report; Consolidated Housing and Community
Development Strategy; and Annual Action Plan with the U.S. Department of and Urban
development.
11. The County and City are subject to the same requirements applicable to CDBG subrecipients,
including the requirement of a written agreement set forth in 24 CFR 570.503.
12. The County's Housing and Community Development Advisory Committee will review CDBG
program policies, plans, and applicant funding proposals and recommend to the Board of County
Commissioners funding of applicant proposals.
13. The County's Housing and Community Development Advisory Committee will include a
representative of the City appointed by the Board of County Commissioners in consultation with the
Mayor and /or Council of the City.
This Agreement is entered into on this
day of , 2003 by:
City of Spokane Valley Spokane County
Mike DeVlemming, Mayor Phillip D. Harris, Chair
Board of County Commissioners '
w :lcntiUmt120031city of spokane valleylnotification of opportunity\invitation to participate letter.doc
SmaiII tfU °,t " ., q
wi' ,.
: ?•19',00.0
r."�3t19899;
:;::.:" :.:�07;
'`1j39J:
?7:S0'..`:36,�7.T;
X29:1.,.
: 5
- If 9'. "
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:= :1'4Q:OU.O :....
M2171
>.0
bx
: >i1:1:$;OC10
k,199,•
.;:`1t}9';OAO �..
19 7/.7,
;12;000
1998 r i`'j1999
: : :1' '000
:.....50..
1 ,'74 , 2000
1
?14i2001rv 2U2`
: ..... :. 151:'025::::::;; . ::::::::51 : 029'185
gI+T33 04.., "
0
155,190
45,000
99 000
90,000
100,000
44,140
21,000
177,058
110,000
92,668
150,000
100,000
99,900
0
$1,284,856
D;(3GP:1�3f�rC;y } ?? :::-: _R:
Fairfie:d
r
:::•:0(10:000
: � :� 33
17,. :801::
�: i ; : ; .1: . pp ;:
:;0
. ........ . .
� .. i0:
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r -::0
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?...... � :R
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�:� ::
:.. . .. .....
:;:9p �lzu :::::::::50,000
.... .
::.:5 0 .900
>:�7
:..
G
003 �0
, ..
.'- :::;;:::::: � .;.0
....... . ..
.
• ...
.....
::::::::$1'179';60:
17,932
11,600
33,500
...2:0.
26,350
0
43,910
74.650
64,791
63,959
0
155.232
57,042
456,816
0
184,995
51 190,777
...: •; : : :: :::::
1; atah .:::;;•:,::• ::>:- : ;::• <::::;:i:::::::::::::::0
Medical Lake
.
125,000
.
:: :
- 325
;•:: ;.•.
:
, , .: : :::o •
:•Q : ;.;..; : .::•: : :•::U
:::
... 0
�•r_.:::82,50..:•:e•:•r:•::•;:.
:. � . :: : Q
•• ...
: :: >: >:: 0 :::::::::40;3$1
::.: :
::1 Q2' '0
0 0:...89,.
..... ...
:::4 '0 Q9
" 4`3 5
::6 ., 9
- ......
�: � 4
.. ��3a,
.... W
�: ...
4
>:6. 267:
4
' = %8 9
.........
>:91:: 12
. ,6..
> : :'$898'449
.......
� ,
: :.lAQ:
22.922
32,200
27.000
29,500
81,073
33,000
92,923
50,000
146,112
84,500
75,000
10,300
6,500
262,200
$1,078,230
- .... • . . ....
n�ily .�ood'c:: « < ..;::�::>:�:��:�
.....
:••:..:. : ::::: >
...
::;: _:
..
: ; « ::.;�;oj�u
0
- :...
• ;.•.; . T :3:20.Q
75,314
•: : .:• 7 •
>;:: �i
0
- .•.•: •.
• 4
•.;,;. - sk._ Q9
41,299
: :::_
:;:i:72;200.
:•:•
32,500
,•: :.•,:• :
. ,0
: ;:•- .:�:..
12.500
- :•::::37•
. .07,490..
30,275
•: :. ::• ::•::•::•:
..0
73,000
.• ....Q
238,500
:.;.; •.;.;.; •,;.;: 0
0
.........,..
.....
_ _ .: 'Q.::`:
• 137.388
�_' _:::;: fl
146,900
.
� - ..... -. ;::0
0
- ::: - 37.5'300.
:.... . .
$803,093
Rockford
15,417
0
S ......::.•::: •:.:• :.:
. . an •le. ::: :..: :.•.•.•
Waved
:: :•:.a34,nO1"l
15,840
�
::
4,500
:::: ; : ;;:2;000
14,770
0
::::::52
..
33,000
•:•::•:�O;tx1, ,.:::.
63,391
:•:._ : _ ; .4.:;;:=
8.245
50.004
0
,•:: , 5
::: ,30;000
42,633
• .
0
:.,,; . ...
::0
;.•.�:: .•.• :•, -::..
10 000
: ::0
>;;':� ''•
31,815
: <0
:0
�'�''
:.. :;66 ;800
: _
:: : 3:046
......
. 69,501
98,222
74,815
5466,732
TOTAL: :;i : : =::: • • == •:::
Si:14 alie %i t.'
:5807 ;189:
.
253$9: 970:
= :;989 -s
256 ,021_ .'•$349;441::5364;800:
` -990,x$
- -'1998
9 "MA
..•:�20�000
;$616;011 :::S449;
93
: . .............
735:::
199 :, ;t
%:iAO'000::..:
5396' 565:
.1.99$,,;4 -,ingaT
:$761;825
m19971
:: :5887;293 :
1998
:: :$543•857
- 1;11;999,"
:51,038;272 ..S587;546
S: 290;1
:::5680,422
5'171 '`
:•76' e 0
..... ,
• :: :$8:902:567:
TiO r41. .F!
:::::*::::::5529105
•_ .5:50;004:..:;58;604
_ ".21.Q
---- ..,......
:23' 409
.
<... -:G4', S
:_:.70,090
_ ::76500
CAPA Program
143,811
449,170
334,657
408,690
264 322
200,500
187,800
549,935
350,000
• 405,345
187,340
365,710
392,465
314,000
300,000
54,853,745
East;�•okane:Yv':G�::i�:
U
i:i53;E18 .
_.........
....
...::10;0:00
;,,...,......
�•''
::fU:.900
` 1:7000
..._..,....
: : :23 =5th
,
473 :097
'
Edgediff Senior Ctr
'
500
5500
i0
• :49 625
:• :•:37:.04 0
.
:•:7J 000
...
• ...
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>:2 3
. _ :::$.19,7, 125'
. 550.000
' "
Mirabeau Point
_-
50,00'
N S esv1 ca �
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: :::
.
.
.. _ ..... ....
.
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:
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.
O oriunit Manor
10.000
-
$10,000
Qrchr4rd;Av= ;:6 :D.::: -: ;
:.......
... .--.- .. ...
..•40,0.0 0
: ::50;0.00.
'::::::i3:!,15U
: :: :60;0
........... _
::•: :•1:55;640:
:_:`. �`•`:• ::�:i:
�
••:
........
:: =1"
_ .47;800
7 404:
:..:::if.. ...
... _ 5.T `85
,
RID Assistance
........
40,000
30,000
40,000
97,000
10,321
23,450
9,475
16,460
5266,706
S "i:Ait: o l:.'- :Valle
........
. .. . .....
.... :7 . : r
,
?. 57; 500
Universlt Food Bank
5,960
55.960
Va11ey:Ct:.rtc�r � � _: :;::
:::: ??.OiG' �
r:
': - x,000
;�;210;41�'0
: ::
: ::1 600 1:;
: G;500:•.
:::'87:000:•:
::::.$1:73;:230
Walk In The Wild
7,500
16,400
$23 900
...... . .
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4;,x84
:::::::::22A0
:
:::564''421
f
113' ii "' i 0 .
59"670
50:41,917t
f55423T690
53308$
1S34)31503)
$602
'
t'$4084,
53 : 5
kw.-...$.5:0.
' 3?65.
gf45:4 t)4 .
V 1 !S'l%-
Ti ;439-
5726
' Indicates projects which were not completed and funds w, ie deobOgated
CAPA r RIO amounts in italics have 1 North Side scA•cr basin or road dsbicl included
CAPA amounts in bold [talcs have 2 North Side server basins included
ToL^.l housing funds expended in valley o 56.300.528/Total housing hinds expended In small cities = $ 0
Tole, public service funding oxpondod in Valley (45%) = 51,073.8341 Total public service funding expended In small dam.: (28%) = S1,041,372
Total Valley Investment = 515,260,958 ! Total small cities investment = 59,943,939
3.
4. Adjournment
AGENDA
SPECIAL JOINT MEETING
HOSTED BY
SPOKANE PUBLIC FACILITIES DISTRICT
BOARD OF DIRECTORS
with
CITY OF SPOKANE
and
SPOKANE COUNTY
and
SPOKANE VALLEY CITY COUNCIL
Spokane Arena
720 W. Mallon, Champions Room, 720 Building
Spokane, WA
Tuesday, June 24, 2003 3:00 p.m.
Call to Order the 394 Meeting of the Spokane Public Facilities District
Guest Welcome and Introduction of Leadership Group Members — Shaun Cross
Meeting Plan — Shaun Cross
a. Summary of Alternative Financing Plan — Alan Dashen
b. Review of Master Interlocal Agreement — Hugh Spitzer
c. Review of Underwriting Details — Sean Keatts
d. Questions and Answers — Shaun Cross
e. Public Comments
Anyone wishing to speak before the Board either as an individual or as a
member of a group may do so at this time. Individuals desiring to speak
shall give their name, address, and the group they represent, if any. A
speaker is limited to three minutes unless granted an extension of time.
The Board will take action only on agenda items, not on general
comments.
f Miscellaneous