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2003, 04-22 Regular Meeting1. CALL TO ORDER Council Agenda: April 22, 2003 CITY OF SPOKANE VALLEY AMENDED APRIL 22, 2003 CITY COUNCIL AGENDA — REGULAR MEETI=NG 6. APPROVAL OF AGENDA CITY I1ALL AT REDWOOD PLAZA 11.707 East Sprague Avenue, First Floor Spokane Valley, Washington Tuesday, April 22, 2003 6:00 p.m. 2. hNVOCATION Paster Steve Farnworth, Living Water Community Church 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS A) Support our 'Troops Banner — Councilmernber Munson 7. PUBLIC COI 1 M ENTS (For members of the public to spell: to the Council regarding mailers NOT on the agenda. Please state your name, address and subject for the record and limit remarks to three minutes. Thank you.) 8. COUNCIL REPORTS A) Mayor Appointments 1) Valley Chamber Ex- Officio — Councilrnember Taylor 2) Friends of Centennial Trail .Board — Mayor DeVleming B) AWC Appointments 1) Resolutions Committee. — Councilmembcr Munson 9. CONSENT AGENDA (Consists of items considered routine which are approved as u group. A Councihuember may remove an item from the Agenda to be considered separately_) A) Approve Special Meeting Minutes, March 1.3, 2003 B) Approve Study Session Notes, March 13, 2003 C) Approve Special Meeting Minutes, March 20, 2003 D) Approve. Study Session Notes, March 20, 2003 E) Approve Regular Meeting Minutes, March 25, 2003 (available at meeting) 1 F) Approve Claims Obligations in amount of $306,707.72 plus S497.53 for Check No. 194 to Pitney Bowes that was not included in the total Claims approved on April 8, 2003. G) Approve Payroll Obligations in amount of $13,108.00 10. ACTION ITEIs'lS A) Motions j 1) Agenda Bill No. 2003 -099, Ratification of County changes to pretrial and probation services agreements —:R MOVE FROM TILE "TABLE (PUBLIC COM1MEN1' ON CHANGES) B) Ordinances — First Reading 1) Agenda Bill No. 2003 -106, Cable franchise fee amendment (Ordinance No. 20 -A:1.) (PUBLIC COMMENT ON ORDINANCE NO. 20-Al) /2) Agenda Bill No. 2003 -107, Animal regulations amendment (Ordinance No. 56-A1) (PUBLIC COMMENT ON ORDINANCE NO. 56-AI) (3) Agenda Bill No. 2003 -108, Parks Facilities Regulations (Ordinance No. 65) (PUBLIC COMM ENT ON ORDINANCE NO. 65) C) Ordinances — Second Reading /1) Agenda Bill No. 2003 -100, Street obstruction regulations / (Ordinance No. 63) (PUBLIC COMMENT ON ORDINANCE NO. 63) 2) Agenda Bill No. 2003 -101, Special Events regulations (Ordinance No. 64) (PUBLIC COMMENT ON ORDINANCE NO. 64) I J Resolutions 1) Agenda Bill No. 2003 -116 Bridge the Valley support (Resolution No. 03-026) (PUBLIC COMME ON RESOLUTION NO. 03-026) E) Contracts J:I.) Agenda Bill No. 2003 -110, Animal Control (Agreement No. CO3- 35) (PUBLIC COMMENT ON AGREEMENT NO. CO3 -35) J 2) Agenda Bill No. 2003 -111, Parks and Recreation (Agreement No. CO3 -18) (PUBLIC COMMENT ONACREEMENTNO. CO3 -18) DELAY ACTION TO LATER. MEETING 3) Agenda 11111 No. 2003 -1.12, Engineering Services, Capital Projects (Agreement No. CO3 -32) (PUBLIC coMnIENr ON AGREEMENT NO. CO3 -32) J 4) Agenda Bill No. 2003 -113, Street Maintenance — County 1 (Agreement No. CO3 -33) (PUBLIC COMMENT ON AGREEMENT NO. CO3 -33) 5) Agenda Bill No. 2003 - 114, Software Package (Agreement No. CO3- 34) (PUBLIC COMMENT ON AGREEMENT NO. CO3 -34) j 6) Agenda Bill No. 2003 -115, Welch Comer Associates (Agreement No. CO3 -31) (PUBLIC COMMENT ON AGREEMF..NT NO. CO3 -31) Council Agenda: April 22, 2003 2 Council Agenda: April 22, 2003 / 7) Agenda Bill No. 2003 - 11.7, City Manager Employment (Agreement No. CO3 -66) (POCILIC cowl i rr ON AGREEMENT NO. CO3 -66) 1.1.. CJTY MANAGER AND STAFF R_1;PO.RTS A) Solid Waste — Notification letter .1.2. PUBLIC COMMENTS (Maximum of three minutes please: abate your name, ;uldrs d subject for the record) 13. PENDING LEGISLATION 14. NEW BUSINESS 1.5. EXEC UTI VL+ SESSION 16. ADJOURNMENT FUTURE SCHEDULE A) Apr. 23, 2003, .Planning Commission /Council Training, City Hall .K) Apr. 24, 2003, Council Special Study Session, 6:00 p.m., City Hall C) Apr. 29, 2003, Council Study Session, 6:00 p.m., City Hall 1.)) May 5, 2003, Joint Council/County C'o,n,nissioner Meeting, noon -2:00 p.m. E) May 6, 2003, Council Study Session, 6:00 p.m., City Hall F) May 13, 2003, Council .Regular Meeting, 6:00 p.m., City Hall G) May 20, 2003, Council Study Session, 6:00 p.m., City Hall H) May 26, 2003, MEMORIAL HOL DA Y — CITY HALL CLOSED 1) May 27, 2003, Council Regular Meeting, 6:00 p.m., City Hall 3 CITY OF SPOKANE KANE T AL CITY COUNCIL AG1 11 A — REGULAR MEETING T. NC CITY 1-IALL AT REDWOOD P1 ..AA .11707 East Sprague Avenue, First Floor Spokane Valley, Washington Tuesday, April 22, 2003 6:00 p.m. 1. CALL TO ORDER 2. INVOCATION Paster Steve Eurnw orth, Living Water Community Church 3. PLED, OF ALLEGIAiCE 4. ROLL CALL 5. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS NT TIONS 6. APPROVAL OF AGENDA 7. P TBL1C COrvIIVIENTS (I'or v3cn1hrr5 Ilse public to spaiik Lo the Council Regarding mailers r [J'f on the aeeuda. Please state your name, add MI5 And ;tlbien for the record and ! remarks to three minutes. Thank 3.ou.) S. CO ITN CIL REPORTS 9+ CONSENT AGENDA DA (consi t, of ,Foils Dun.si erect rUL[IILe 1,Ii cFI me approved as a croup. 1, C; uncilmembrr max• ernro.n Ins i[crrl from tilt ri.gcada 10 be considered sep; raleIy,} A) Approves Special i'vlecting Minutes, March 13, 2003 8) Approve Study Session 'motes, March 13, 2003 C) .Approve Special Meeting Minutes, March 20, 2003 D) Approve Study Session Notes, March 20, 2003 E) Approve Regular 'Meeting Minutes, March 25, 2003 (available at meeting) F) Approve Claims Obligations in amount of S306,707.72 plus $497.53 for Check No. 194 to Pitney Bowes that was not included in the total Claims approved on April 8, 2003. {i) Approve Payroll Obligations in amount of $1.3,108.00 Council Av]1cdiI: April 22, 2043 1 10. ACTION ITEMS A) Motions 1) Agenda Bill No. 2003 -099, Ratification of County changes to pretrial and probation services agreements — REMOVE FROM THE TABLE (PUBLIC CO 1 IE 'r ON CHANGES) B) Ordinances — First Reading 1) Agenda Bill No. 2003 -106, Cable franchise fee amendment (Ordinance No. 20 -A1) (PUBLIC COMMENT ON ORDINANCE No. 20 -,u 2) Agenda Bill No. 2003 -107, Animal regulations amendment (Ordinance No. 56 -A1) ( PUBUC COMMENT ON ORDINANCE NO. 56-A1) 3) Agenda Bill No. 2003 -108, Parks Facilities Regulations (Ordinance No. 65) (PUBLIC COmENT ON ORDINANCE NO. 65) C) Ordinances — Second Reading 1) Agenda Bill No. 2003 -100, Street obstruction regulations (Ordinance No. 63) (PUBLIC CoMmENr oN ORDINANCE NO. 63) 2) Agenda Bill No. 2003 -101, Special Events regulations (Ordinance No. 64) (PUBLIC COMMENT ORDINANCE. NO. 64) D) Resolutions I) Agenda Bill No. 2003 -116 Bridge the Valley support (Resolution No. 03 -026) (PUBLIC COMMENT ON RESOLUTION NO. 03-026) E) Contracts 1) Agenda Bill No. 2003 -110, Animal Control (Agreement No. CO3- 35) (PUBLIC COMMENT ON AGREEs1ENT NO. CO3 -35) 2) Agenda Bill No. 2003 - 11.1, Parks and Recreation (Agreement No. CO3 -18) (PUBLIC COMMENT ON ACCRE;MENT No. CO3 -18) 3) Agenda Bill No. 2003 -1.12, Engineering Services, Capital Projects (Agreement No. CO3 -32) (PUBLIC COi•IiMENT ON AGREEMENT NO. CO3 -32) 4) Agenda Bill No. 2003 -1.13, Street Maintenance — County (Agreement No. CO3 -33) (Pulil.J(: (;O 1AuEN°r ON AGREEMENT NO. CO3 -33) 5) Agenda Sill No. 2003 -114, Software Package (Agreement No. CO3- 34) (PUBLIC CON1ME ;NT ON AGREEMENT NO. CO3 -34) 6) Agenda Bill No. 2003 -115, Welch Comer Associates (Agreement No. CO3 -31) (PUBLIC COMN1 NT ON AGREEMENT NO. CO3 -31) 7) Agenda Bill No. 2003- 1.1.7, City Manager Employment (Agreement No. CO3 -66) (PUBLIC COMMENT ON AGREEN1ENT NO. CO3 -66) 11. CITY MANAGER AND STAFF REPORTS A) Solid Waste — Notification letter Council Agenda: April 22. 2003 7 12. PUBLIC COMME NTS (Maximum of thrcc minutes please; state your naune, address and subject for the record) 13. PENDING LEGISLATION 14. NEW BUSINESS 15. EXECUTIVE SESSION 16. ADJOURNMENT FUTURE SCHED UL F A) Apr. 23, 2003, Planning Commission/Council Training, City Ha I3) Apr. 24, 2003, Council Special Study Session, 6:00 p.m., City Ha C) Apr. 29, 2003, Council Study Session, 6:00 p.m., City Hall .la) May 6, 2003, Council Study Session, 6:00 p.m., City Hall E) May .13, 2003, Council Regular Meeting, 6:00 p.►n., City Hall F) May 20, 2003, Council Study Session, 6:00 p.m., City Hall G) May 26, 2003, MEMORIAL HOLIDAY— CITY HALL CLOSED 11) May 27, 2003, Council Regular Meeting, 6:00 p.m., City Hall council Agenda: April 22, 2003 3 NAME PRESENT /ABSENT COMMENTS Mayor Michael DeVleming- Position No. 3 Deputy Mayor Diana Wilhite- Position No. 1 Councilmember Dick Denenny- Position No. 7 Councilmember Mike Flanigan-Position No. 6 f Councilmember Rich Munson- Position No. 5 Councilmember Gary Schimmels- Position No. 4 Councilmember Steve Taylor- Position No. 2 CITY OF SPOKANE VALLEY COUNCIL MEETING DATE COUNCIL ROIL., CALL NAME PLEASE PRINT ADDRESS TELEPHONE ,. 61). t �Fjte. f/ -ft ✓ //1f,c�L�fL L'- Ot/ OrGk ij 13 1 t . s� Cc% � r .ti QZ•4S-9M1— c)-5 - vo __ C,h r 1 s �'CVI��(J1, i PUBLIC COMMENT SIGN -IN SHEET SPOKANE VALLEY CYTY COUNCIL MEETING DATE A )3 CITIZEN COMMENTS ON ITEMS NOT INCLUDED ON THIS AGENDA. PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. YOUR TIME WILL BE LIMITED TO THREE MINUTES Spokane Valley City Council: This letter is in regard to the Council to put out a request for proposal for animal control services. Why look for a cheaper private agency when you have something that working and moving ahead with animal control and adoption policies? The building is already centrally located in the Spokane Valley. It has a professional staff that I have called on for assistance. The shelter is well maintained and prioritizes animal care. The organization continues to find solutions to pet overpopulation that is vital to our city. Don't change what is already in place. Change would alter the giant steps already taken in animal control and animal care. The animals and the service given by Spokane County Animal Control are well serviced as is and will continue to improve. 44:e. 772a-lwe -ee I eru e.� 4', WeL, 990/4 ae3Q3 City of Spokane Valley Implement Zoning for Comprehensive Plan Amendments County Comprehensive Plan Amendments - O County Adopted Comp Plan Amendments - March 25, 2003 ❑ City Adopted Comp Plan and Zoning - March 27, 2003 ❑ County did not Implement Zoning for Adopted Amendments O Proposing Zoning Map Changes to Implement Comp Plan Amendments Proposed Zoning Map Changes Location ❑ 19223 E. Appleway ❑ Bolivar & Sprague ❑ 12904 E. Main ❑ Appleway & Park ❑ 8804 E. 2nd (Appleway) ❑ 6910 E. 1St (Appleway) ❑ Appleway & Sergeant Comp Plan /Zoning ❑ R.C. B -3 ❑ R.C. - B -3 ❑ MDR - UR -12 ❑ N.C. /R.C. - B -1 & B -3 ❑ R.C. - B -3 ❑ R.C. - B -3 �: R.C. - B -3 19223 E. Appleway Location: North side of Appleway at 19223 E. Appleway. Recommendation: Change Zoning Map to B =3, to implement the Regional Commercial Comp Plan designation. J -- SW 1 1!4.33} 72.047 121; • 31772.0303. S1. 00) 1:1.31.711 . ~ � 1 1 50;1 '1»r n73,131 (1173(11 3 i 1 � Ti •; l�;lg - F 1A7).071� I � :K. 1 ' 173' k, •.:�' w . �, 331�tOj a 7R app i1J .y 'JJ7fo 17, 731.73D Y 1.1 , •33:731r�J I' l e 17 10 V _ `, g as - it a Jrntiii • .r .151.7J!4!: I ! -. ---$ J .► r 3.y .1 Dill } `JIS 0. m1 71 . 51112ri10: - • •. ,. y }1.•11" f':1 �3, " _ , ;9740 �}YC J.. n i 1:Fat4, . in.t 4 i I. 17740 I j , a 321 SC �� ";` 1 S 2)K i � 7313E 1 . f ' A 17177 , 4. Q4' ill) I C 4732.1 :' ..AA !'l1.: rig) .j . 4 it 7 QI /1731 'OW 111' H0• 73. �J5 j n J� '1�t1j3, 19223 E. Appleway Location: North side of Appleway at 19223 E. Appleway. Recommendation: Change Zoning Map to B =3, to implement the Regional Commercial Comp Plan designation. 5154 43141126; 4 13.: 45143.45 4 i43S165 32 45132915' 329i; 6 9 21. '3 4r1150 30.4 4 , 11502 4SLr10i50 •5:149I4 4. -"Q 4 t4L� 45 13.. i 113. 4 1417: 4' 4;ti? 4.141E 4143.28 45232,9152 45143$136 Inn 45143' -018 .314 S 35"81 ,45145',982 113.? :13 1419084 smoi 4_2312 5 }2329124 ' 313299 Bolivar and Sprague Avenue Location: 10 North Bolivar (on the corner of Sprague Avenue). Recommendation: Change Zoning Map to B -3, to implement the Regional Commercial Comp Plan designation. 12904 East Main Location: South side of Main, west of McDonald Road. Recommendation: Change Zoning Map to UR -12, the implement the Medium Density Residential Comp Plan designation. Appleway and Park Location: East of Park Road on north and south side of Appleway Recommendation: Change Zoning Map to B -3 north of Appleway and B -1 south of Appleway to implement Regional Commercial and Neighborhood Commercial Comprehensive Plan designations. .�•„� lL 1 -.., :!'I'V if01 : ?Ifi :y{1 0• r1 '. • L •! V I 0 .IV to ;•iu:rao 'wilt'. ilfl t•il .. 4i6 fiu 4SW R.,.nn ash' nlI lfl teal . ,p I' H• sjzp!1iy 14,110 •f R• ilfl? •., tN I. Il' 8804 East 2 " (Appleway) Location: South side of Appleway, east of Sargeant Recommendation: Change Zoning Map to B -3 to implement Regional Commercial Comp Plan designation. 6910 East 15t (Appleway) Location: South side of Appleway, east of. Bradley. Recommendation: Change Zoning Map to B -3 to implement Regional Commercial Comprehensive Plan designation. (7 SPOKANE SOAP BOX DERBY For Boys and Girls — 24 Hour information Line (509)- 455 -9651 r Spalding AUTO ® Frequent Questions First, we'd like to state that we all were beginners at one time, so don't hesitate to ask questions. You'll find that all Soap Box Derby people will gladly answer your questions to the best of their knowledge. It's like a big family. Step 1: How Do I Get Started? For beginners there are two good divisions to start in they are: • Stock Division- Intended for children (age 8 -17 by July 26, 2003) under 5'5" tall and under 110 lbs. The car is a kit that conies with instructions and can be assembled in one or two days. The stock car and driver weight limit is 200 lbs. • Super Stock Division - Intended for children (age 8 -17 by July 26, 2003) under 6' tall and up to 150 lbs. The car is very similar in hardware and dimensions to the stock car and comes with rules and assembly instructions. it also can be built in one or two days. However, the body shape can accommodate the larger and/or older child. The super stock car and driver weight limit is 230 lbs. • Masters Division -For experienced drivers (ages 10 through 17). Cars can be build from advanced kits (requiring over 60 hours assembly time) or they can be built from "scratch" to specifications outlined in the All American Soap l3ox Derby Rule Book. The masters car and driver weight limit is 250 lbs. Used cars, stock and super stock, are available. They can be purchased from racers who have outgrown Soap Box Derby or they can be purchased from racers who have changed divisions. The derby director, Dan Eagle usually has a line on one or more cars, you can call Dan at (509) 466 -5131, or call the 24 -hour hotline at (509) 455 -9651 and leave a message. *(Note: Rules require axel's to be stamped 1996 and newer for this year.) For new cars, a parts/price list is available on -line at http :l /aasbd/htmsoapihtmparts,htm or, call (330) 733 -8723 and have a parts/price list mailed to you. You can place an order over the phone at the same number with a credit card number or fax your order by calling (330) 733 -1370. Sometimes, you can even borrow a car. Sometimes, for individual rally races, racers will have an extra car that needs a driver. Call one of the Spokane Soap Box Derby members and see if can help you find one available. Step 2. Three Types Of Soap Box Derby Races in Spokane Each Year • Local All American Race -This race to be held on June 7, 2003 is a one day race which entitles the winners in each division to represent Spokane at the World Soap Box Derby Championships held in Akron Ohio each summer and compete for collage scholarships and other prizes. • All American Rally Races -These races help you prepare for the local all American race. It is a very competitive series, and you can learn a lot in just a few races. You can travel and compete against families from a multi -state area. There are several races a season. Winners accumulate points and top point earners also go to the World Soap Box Derby Championships in Akron Ohio by being the top point earner for their district. The winner of the rally portion of the championship race in Akron also wins a college scholarship and other prizes. • N.D.R. Rally Program (age 8 to 17) this is a program that will give the driver experience. You have to travel and compete against families from a multi -state area. By traveling to these races you will give the driver the seat time he or she needs and give the parent an idea of how the cars can be tuned. Children can compete in N.D.R. Rally's at age 8 thru age 17. A child can have a whole year of N.D.R. Rally racing before even being eligible to race in an All American race. Winners accumulate points and top point earners go to the National NDR race in a different city each year. (Salem, Oregon hosted the 2001. Race Dates for Spokane In 2003: May 17 and 18 All American Rally Race (Points Race) June 7 Spokane All American Race (Winners for each division go to Akron Ohio) Fall Race Date to be announced determined at a later date (Points Race) Some races require sign -up prior to the actual race day, but most races you can just come on race day and sign up that morning. The first time you race you will need to bring a COPY of the racers birth certificate as proof of their age. On race day, show up at about 8:00 a.m. ready to go. You will get your racer and his/her car weighed in, be given a trial run down the hill if it is your first time to race there. You will be then scheduled in a race heat against a competitor. Then the real fun begins. Races are run by double elimination. Each racer races the same person twice. After the first trip down the hill the cars swap lanes and wheels and race again. The fastest overall time is the winner of the heat. The racer can loose twice before being eliminated for the day, which means maybe you loose your first heat but win all the rest and you can still be the top finisher of the day. Race Fees Each racer is charged a race fee to participate. Now you may ask why...each race organization (Spokane, for example) pays a race fee to the All American Soap Box Derby or N.D.R. to hold a race here. This fee along with other costs like rental of street barricades, insurance, chemical toilet rental, and (very important) trophies etc. is offset by the entry fees, usually $35.00 per race (usually two races in a weekend). There are discount fees for multiple racers in the same family (usually $5.00 less for second child) and some racers find it helpful to get sponsors who can offset the cost of the entry fee and anything else that can help them be able to race. Step 3-READ THE RULES! -Read and re -read the rules and the assembly directions and then build your car. Give yourself some time to find the right weights and to be sure that your car is safety wired correctly and has all the right lock nuts and washers. Call a Spokane Soap Box Derby member for help. They have had their own construction problems, so they may even ask you to help in return. Check out hup://www.everett.com/soapboxderbv/geoffrev/ eoffrev/ to see how this Everett, Wa. Family built their first car for their racer Geoffrey. After you have assembled your first car, take it to an experienced Derby racing family and ask them to look it over. lt's amazing what you can miss!! Step 4- Learn! -Read all you can and feel free to ask as many questions as you have. One of the most iinteresting Internet sites is http: // 207. 242 .75.40 /dcrbtech/derbtech.htm. It's a long list of technical papers, some written by some serious engineer types on Soap Box Derby construction and engineering. Pinewood Derby is a good training ground as well. Some of the principles of car design are the same and some are different, but Pinewood Derby can give you a feel for the attention to detail that is necessary to succeed. Spokane race programs are run by volunteers, and sponsored by a variety of business firms, civic clubs and service organizations. Volunteers willing to help on race days are needed and appreciated. The Spokane Soap Box Derby Association is a registered non- profit group so your sponsorship and donations are tax deductible. To be a part of the greatest amateur youth racing event in the world, contact the Spokane Soap Box Derby Association at their 24- hour hotline 509 -455 -9651. We will look forward to helping you and a volunteer will be sure to call you back as soon as possible. The associations mailing address is P.O. Box 1130 Spokane, Wa. 99210. The officers of the Spokane Soap Box Derby for the 2002 race year are as follows: Dan Eagle — President 466 -5131 e-mail eagled@icehouse.net Dennis Holt — Vice President 891 -1784 Janet Eagle — Secretary 466 -5131 Mary Taylor — Treasurer 466 -0137 Dan White — Parliamentarian Spokane Soap Box Derby Associalion Spaldi 2003 Spokane Race Dates All American Rally May 11th, & 18th, 2003 All American Derby Race June 7th, 2003 Race Location Skipworth Rd. Between 20th Ave and 24th Ave. Next to Bowdish Jr. High We will be setting up for the race at 6:00 A.M. Some of our Sponsors are: Spaldings, Pull & Save, RG Canning, Old Country Buffet, Granny's Buffet, Inland Power & Light Co., Ziggy's, Riplinger Funeral Home, Aces Casino, Camp Automotive, Duratek, Avista, and Dr. Jack Ashlock DDS.. If you would like to help Sponsor, call (509) 455 -9651. r SPOKANE SOAP BOX DERBY For Boys and Girls — 24 Hour Information Line (509)-455 -9651 Spalding AUTO PARTS Frequent Questions First, we'd like to state that we all were beginners at one time, so don't hesitate to ask questions. You'll find that all Soap Box Derby people will gladly answer your questions to the best of their knowledge.. It's like a big family. Step 1: How Do I Get Started? For beginners there are two good divisions to start in they are: • Stock Division - Intended for children (age 8 -17 by July 26, 2003) under 5'5" tall and under 110 lbs. The car is a kit that comes with instructions and can be assembled in one or two days. The stock car and driver weight limit is 200 lbs. • Super Stock Division - intended for children (age 8 -17 by July 26, 2003) under 6' tall and up to 150 lbs. The car is very similar in hardware and dimensions to the stock car and comes with rules and assembly instructions. it also can be built in one or two days. However, the body shape can accommodate the larger and/or older child. The super stock car and driver weight limit is 230 lbs. • Masters Division -For experienced drivers (ages 10 through I7). Cars can be build from advanced kits (requiring over 60 hours assembly time) or they can be built from "scratch" to specifications outlined in the All American Soap Box Derby Rule Book. The masters car and driver weight limit is 250 lbs. Used cars, stock and super stock, are available. They can be purchased from racers who have outgrown Soap Box Derby or they can be purchased from racers who have changed divisions. The derby director, Dan Eagle usually has a line on one or more cars, you can call Dan at (509) 466 -5131, or call the 24 -hour hotline at (509) 455 -9651 and leave a message. *(Note: Rules require axel's to be stamped 1996 and newer for this year.) For new cars, a parts/price list is available on -line at http : / /aasbd/htmsoap/htmparts.htm or, call (330) 733 -8723 and have a part_s/price list mailed to you. You can place an order over the phone at the same number with a credit card number or fax your order by calling (330) 733 -1370. Sometimes, you can even borrow a car. Sometimes, for individual rally races, racers will have an extra car that needs a driver. Call one of the Spokane Soap Box Derby members and see if they can help you find one available. Step 2. Three Types Of Soap Box Derby Races in Spokane Each Year • Local MI American Race -This race to be held on June 7, 2003 is a one day race which entitles the winners in each division to represent Spokane at the World Soap Box Derby Championships held in Akron Ohio each summer and compete for collage scholarships and other prizes. • MI American Rally Races -These races help you prepare for the local all American race. It is a very competitive series, and you can learn a lot in just a few races. You can travel and compete against families from a multi -state area. There are several races a season. Winners accumulate points and top point earners also go to the World Soap Box Derby Championships in Akron Ohio by being the top point earner for their district. The winner of the rally portion of the championship race in Akron also wins a college scholarship and other prizes. • N.D.R. Rally Program- (age 8 to 17) this is a program that will give the driver experience. You have to travel and compete against families from a multi -state area. By traveling to these races you will give the driver the seat time he or she needs and give the parent an idea of how the cars can be tuned. Children can compete in N.D.R. Rally's at age 8 thru age 17. A child can have a whole year of N.D.R. Rally racing before even being eligible to race in an All American race. Winners accumulate points and top point earners go to the National NDR race in a different city each year. (Salem, Oregon hosted the 2001. Race Dates for Spokane in 2003: May 17" and 18 All American Rally Race (Points Race) June 7 Spokane All American Race (Winners for each division go to Akron Ohio) Fall Race Date to be announced determined at a later date (Points Race) Some races require sign -up prior to the actual race day, but most races you can just come on race day and sign up that morning. The first time you race you will need to bring a COPY of the racers birth certificate as proof of their age. On race day, show up at about 8:00 a.m. ready to go. You will get your racer and his/her car weighed in, be given a trial run down the hill if it is your first time to race there. You will be then scheduled in a race heat against a competitor. Then the real fun begins. Races are run by double elimination. Each racer races the same person twice. After the first trip down the hill the cars swap lanes and wheels and race again. The fastest overall time is the winner of the heat. The racer can loose twice before being eliminated for the day, which means maybe you loose your first heat but win all the rest and you can still be the top finisher of the day. Race Fees- Each racer is charged a race fee to participate. Now you may ask why...each race organization (Spokane, for example) pays a race fee to the All American Soap Box Derby or N.D.R. to hold a race here. This fee along with other costs like rental of street barricades, insurance, chemical toilet rental, and (very important) trophies etc. is offset by the entry fees, usually 535.00 per race (usually two races in a weekend). There are discount fees for multiple racers in the same family (usually 55.00 less for second child) and some racers find it helpful to get sponsors who can offset the cost of the entry fee and anything else that can help them be able to race. Step 3 - READ THE RULES! -Read and re -read the rules and the assembly directions and then build your car. Give yourself some time to find the right weights and to be sure that your car is safety wired correctly and has all the right lock nuts and washers. Call a Spokane Soap Box Derby member for help. They have had their own construction problems, so they may even ask you to help in return. Check out http: by w.everett.corn / soapboxderbv /aeoffre2 to see how this Everett, Wa. Family built their first car for their racer Geoffrey. After you have assembled your first car, take it to an experienced Derby racing family and ask them to look it over. It's amazing what you can miss!! Step 4-Learn! -Read all you can and feel free to ask as many questions as you have. One of the most interesting Internet sites is http: // 207. 242 .75.40 /derbtcch/derbtech.htm. It's a long list of technical papers, some written by some serious engineer types on Soap Box Derby construction and engineering. Pinewood Derby is a good training ground as well. Some of the principles of car design are the same and some are different, but Pinewood Derby can give you a feel for the attention to detail that is necessary to succeed. Spokane race programs are run by volunteers, and sponsored by a variety of business firms, civic clubs and service organizations. Volunteers willing to help on race days are needed and appreciated. The Spokane Soap Box Derby Association is a registered non- profit group so your sponsorship and donations are tax deductible. To be a part of the greatest amateur youth racing event in the world, contact the Spokane Soap Box Derby Association at their 24- hour hotline 509 - 455 - 9651. We will look forward to helping you and a volunteer will be sure to call you back as soon as possible. The associations mailing address is P.O. Box 1130 Spokane, Wa. 99210. The officers of the Spokane Soap Box Derby for the 2002 race year are as follows: Dan Eagle — President 466 -5131 e-mail eagled@icehouse.net Dennis Holt — Vice President 891 -1784 Janet Eagle — Secretary 466 -5131 Mary Taylor — Treasurer 466 -0137 Dan White — Parliamentarian Spokane Soap Box Derby Association s NR °g 2003 Spokane Race Dates All American Rally May 17th, & 18th, 2003 All American Derby Race June 7th, 2003 Race Location Skipworth Rd. Between 20th Ave and 24th Ave. Next to Bowdish Jr. High We will be setting up for the race at 6:00 A.M. Some of our Sponsors are: Spaldings, Pull & Save, RG Canning, Old Country Buffet, Granny's Buffet, Inland Power & Light Co., Ziggy's, Riplinger Funeral Home, Aces Casino, Camp Automotive, Duratek, Avista, and Dr. Jack Ashlock DDS.. If you would like to help Sponsor, call (509) 455 -9651. DRAFT CITY OF SPOKANE VALLEY City Council Minutes Regular Meeting March 13, 2003 Mayor Michael DeVleming called the regular meeting of the Spokane Valley City Council to order at 6:03 p.m. Councihnembers present: Mayor Michael DeVleming, Deputy Mayor Diana Wilhite, Councilmembers Dick Denenny, Mike Flanigan, Richard Munson, Gary Schimmels, and Steve 'Taylor. Staff present: Interim City Manager Lee Walton, Interim City Attorney Stanley Schwartz, Interim Deputy Manager Stan McNutt, Interim Finance Director Robert Noack, Interim Building Official Bob Ely, Interim Human Resources Manager Don Morrison, interim City Clerk Ruth Muller, and Interim Administrative Assistant Karin Bosworth. Invocation: Councilmember Munson gave the invocation. Pledge of Allegiance: Mayor DeVleming led the pledge of allegiance. Roll Call: Interim City Clerk called roll. Approval of Agenda: Deputy Mayor Wilhite moved and Councilmember Flanigan seconded that the Agenda be approved as submitted. The motion carried unanimously. Council Reports: Councilmerber Flanigan reported that the incorporation celebration is fully funded and tickets for the Mayor's Ball will be on sale beginning March 14, 2003.. Councilmember Flanigan reported on legislation under consideration in Olympia. Senate 131116026 and its companion House 13i11 1581 would grant Counties the ability to form Parking and Business Improvement Districts within the corporate boundaries of cities. An amendment is being submitted by Representative Lynn Schindler that would limit the legislative authority for Counties to the unincorporated areas. There was brief discussion of this legislation and the proposed amendment. Mayor DeVleming opened the meeting for comments from the public either for or against such legislation. There were no public comments Council concurred that a letter be sent to appropriate legislators frorn the Council indicating support of the amendment proposed by Representative Schindler on this legislation. Councilmember Schi.mmels reported that he attended the Regional Transportation Committee meeting and submittal of a federal funding request for Bridging the Valley project was discussed. Council Minutes from March 13, 2003 - Approved on March , 2003 Page 1 of 5 Councilmember Munson and Deputy Mayor Wilhite expressed appreciation to Councilmember Flanigan for the diligent work and the time that he has been expending in coordinating the City's incorporation celebration events. Councilmember Denenny and Deputy Mayor Wilhite reported that they will be traveling to Washington D.C. later this month to attend a legislative conference with the regional Chambers of Conunerce and plan to meet with area congressional leaders to let them know that Spokane Valley is a new constituency. Since there will be contact on behalf of the City and legislation reviewed that is of interest to citizens of Spokane Valley, they request that the Council consider authorizing reimbursement for a portion of the cost for this trip. There was discussion among councilmembers as to appropriateness of authorizing expenditures when the travel is not on behalf of the City; the need to make the City's presence known to the federal legislative body so that as issues arise affecting Spokane Valley, there can be good communication; the need to have a review of the Bridge the Valley project status; how to evaluate whether and when reimbursement for such travel can be authorized; and if the budget includes money for such reimbursement. Councilmember Schimmels moved that no reimbursement be authorized for the proposed travel to Washington D.C. The motion died for lack of a second. Councilmember Flanigan moved and Mayor DeVleming seconded that Council authorize a total of $1500.00 to hel de ex.enses of Councilmember Denennv and De.ut' Ma or Tonal Chambers of Commerce le Wilhite for the re D.C. The motion carried unanimously. DRAFT islative conference in Washington Mayor DeVleming suggested that a representative of Bridging the Valley project be contacted for a presentation to the Council at the March 18, 2003 study session, and all Council concurred. Agenda Bill No. 2003 -041 (Employee Personnel Policies and Benefits): Interim City Clerk introduced Ordinance No. 44 by reading the title. Councilmember Flanigan moved and Mayor DeVieming seconded that the rules be suspended for two readings of this ordinance, advance to second reading and adopt Ordinance No. 44 Establishing a Human Resources S stem for the Ci and Outlinin the Basic Personnel Policies and Ern . lo 'ee Benefits of City Employees. Interim Attorney Schwartz said that this ordinance has been reworked as directed by Council and reviewed provisions included in the ordinance, suggesting that there could be a friendly amendment to Section 1.C. providing that personnel policies relating to wages, benefits and conditions of employment shall be submitted to the Council. There was discussion about the need to thoroughly review this reworked ordinance; the benefits package that will be presented in resolution form at a future meeting; the changes made to Section 6, drug testing and Section 9, compensatory time as directed by Council; and the need to have this ordinance adopted to allow staff ability to provide information to newly hired personnel. Council Minutes faun March 13, 2003 - Approved on March __, 2003 Pee 2 of 5 DRAFT Councilmember Flanigan withd.rew'his motion to suspend the rules and adopt this ordinance and Mavor DeVleming withdrew his second. Councilmember Flanigan moved and Councilmember Munson seconded that Ordinance No. 44 be advanced to second readin includin the friendly amendment to Section 1.C. suggested by the Interim Attorney. The motion carried by majority vote with four ave votes — Ma 'or .DeVlemin De ut Mavor Wilhite Councilmernbers Flanigan and Munson; and three nay votes - Councilmembers Denenny, Schimmels and Taylor. Agenda Bill No. 2003 -062 (Municipal Court Services, Intcrlocal Agreement No. CO3- 10): Interim Attorney Schwartz advised that he and Interim Deputy Manager McNutt have reviewed this proposed agreement that reflects all changes agreed to in meetings with the County, but suggests some minor language changes. interim Deputy Manager McNutt requested Council consider adding one section providing an assurance clause that is included in some of our other agreements, guaranteeing that if the contracting agency furnishes the same services in the sane manner to some other entity at a lesser cost, that this will also apply to Spokane Valley. McNutt suggested some minor language changes to Section 3., Section 3.B. and Section 3.C. in this document that was prepared by the County, and these proposed changes were reviewed and discussed by the Council. Councilmembers expressed a desire that the County be encouraged to devise a system to show actual costs on a case by case basis, as well as a billing system for actual time a judge spends so that these costs can be allocated to contracting agencies. There was further discussion as to the need for an accounting of costs by the County before payment is made under this contract. Councilmember Taylor moved and Deput_} Mavor Wilhite seconded that the Interim City Manager be authorized to execute, with the modifications discussed, Contract No. CO3 -10 with Spokane County providing court services and subject to City Attorney approval. The motion carried una.niltnously. Agenda Bill No. 2003 -063 (Prosecutor Services, Interlocal Agreement CO3 -11). interim Attorney Schwartz advised that this agreement also includes language agreed to between the City and County and noted some provisions included in the agreement. Interim Deputy 'Manager McNutt suggested similar modifications to this agreement that were approved in the court services agreement. Deputy Mavor Wilhite moved and Councilmember Schimmels seconded that the Interim City Manager he authorized to execute with modifications sun • csted Contract No. CO3- 1 1 with Spokane County providing prosecution services and subject to City Attorney approval. The motion carried unanimously Agenda Bill No. 2003 -064 (Public Defender Services, Intcrlocal Agreement CO3 -12). Interim Attorney Schwartz said this agreement was also changed as agreed to by the City and County.:[nterim Deputy Manager McNutt recommends including the same Council Minutes from March 13, 2003 - Approve(' on March 2003 Pane 3 of 5 DRAFT modifications in this agreement as in the previous agreements for court and prosecution services. Councilmember Munson moved and Councilmember Flanigan seconded that the Interim City Manager be authorized to execute, with modifications suggested, Contract No. CO3- 12with Spokane County providing public defender services and subiect to City Attorney approval. The motion carried unanimously. Agenda 13i11 No. 2003 -065 (Jury Management Services, Interlocal Agreement No. CO3 -13): Interim Attorney Schwartz advised that jury services are provided by Superior Court, but an agreement for this service is with Spokane County. Interim Deputy Manager McNutt suggested correcting the language in this agreement to make it consistent with the other agreements. Deputy Mayor Wilhite moved and Councilmember Taylor seconded that the Interim City Manager be authorized to execute, with modifications suggested, Contract No. CO3 -13 with Spokane County_providingjury services and subject to City Attorney approval.. The motion carried unanimously. Public Comments: Jeff Goodman, 14211 East Broadway, said that he is aware of businesses outside the Spokane Valley boundaries that have received information from Department of Revenue for coding sales tax revenue. Goodman again urges the Council to consider doing electrical inspections in- house, and expressed concern about the City's ability to have inspections done in a timely manner as these are crucial to doing business. Interim Manager Walton replied that information from the State is sometimes mailed to businesses not within the boundaries of a new City, as the State is working from a small map, but that individuals should advise Department of Revenue that they are not within Spokane Valley. Walton also advised that staff will monitor the flow of business and are prepared to hire additional staff if the workload increases to the extent that more inspectors are needed. Adjournment: Councilmember Flanigan moved and Councilmember Taylor seconded that the meetin- adfourn. The motion carried unanimously. There being no further business, the meeting was adjourned to a study session at 7:26 p.m. A'I I" ST: Interim City Clerk kb APPROVED: Mayor Michael DeVlerning Council Minutes from Mardi 13, 2003 - Approved on March _, 2003 Page 4 of 5 City of Spokane Valley City Council Study Session Notes March 13, 2003 Mayor Michael DeVleming opened the Study Session at 7:35 p.m. announcing that the agenda item for review of Mirabeau Point status will be the first item for discussion. Councilmembcrs present: MayorMichael DeVleming, Deputy Mayor Diana Wilhite, Councilmembers Dick Denenny, Mike Flanigan, Richard Munson, Gary Schimrnels, and Steve Taylor. Staff present: Interim City Manager Lee Walton, Interim City Attorney Stanley Schwartz, Interim Deputy Manager Stan McNutt, Interim Finance Director Robert Noack, Interim Building Official Bob Ely, Interim .Parks and Recreation Consultant Bill Hutsinpiller, and Interim City Clerk Ruth Muller. Mirabeau Point Status Review: Interim Attorney Schwartz introduced Peter Witherspoon, who may be designated as special legal counsel for the Council for this project. Interim Manager Walton welcomed Spokane County Commissioner Kate McCaslin and Roy Koegen, bond counsel for Spokane County. Interim Parks Consultant Hutsinpiller introduced Doug Chase, Spokane County Parks Director and Kay Bachman, from Avista who is project manager for. Mirabeau CenterPlace. Chase and Bachman reviewed this project as it has evolved, status of funding, estimated maintenance and operation costs, potential leasing of space, and estimated net income versus expenses. There was brief discussion of the CenterPlace project. Councilmember Denenny moved and Councilmember Munson seconded that staff be directed to proceed with negotiations necessary for Spokane Valley to be recipients of Mirabeau Park. The motion carried unanimously. Councilmern.ber Denenny moved and Deputy Mayor Wilhite seconded that the Council retain Peter Witherspoon as special legal counsel for Spokane Valley's participation with the Public Facilities District in relation to Mirabeau Park and CenterPlace. The motion carried unanimously. Mayor DeVleming announced that there will be a brief executive session following the study session for discussion with special counsel of legal issues. Interim Attorney Schwartz summarized the Public Facilities District ballot issue on the May 2002 election that was approved by the voters for issuance of $96 million in bonds for three projects: Convention Center, Fairgrounds and Mirabeau CenterPlace., The Public Facilities District must construct the projects and Spokane Valley may be asked to Study Session, March 13, 2003; Minutes approved: 1 issue debt for the City's share in the project and will need bond counsel if there is issuance of debt. Mr. Koegen explained that he has been representing Spokane County as bond counsel and does not represent either the Public Facilities District or City of Spokane. There was brief discussion of revenue available .for the City's participation i.n this project and timeline for bond repayment. Property Tax Ordinance: Interim Finance (Director Noack presented a proposed ordinance establishing tax levy for the year 2004 including a levy for the library services that will be paid to Library District. Adopting the ordinance at this time will get the information on record with the County Treasurer's office. During the 2004 budget process a dollar amount for the 2004 tax collections will be established. Council consensus is to have this ordinance on the March 25, 2003 agenda. Information Services Agreement: Interim Deputy Manager McNutt said that there has not been time to do any negotiation on this aagreement yet with the County, and a number of issues still need to be clarified relating to GIS operation and direct costs. This item will be on a future agenda once all issues have been satisfactorily addressed. Building and Construction Permit Transition: Interim Building Official Ely said that this agreement provides that Spokane County will complete all permits that they have issued prior to our incorporation date. On March 31, 2003, Spokane Valley will begin taking permit applications. This agreement will no longer be in effect once all active permits have been processed through the County. Councilmembers concurred that this agreement be placed on the March 25, 2003 agenda. Interim Attorney Schwartz said that this agreement covers all vested permits so that citizens are not required to begin the process again through Spokane Valley. Staff has requested that a similar agreement be prepared for all vested land use permits, but County staff has been directed to forward all land use permits to Spokane Valley on March 31, 2003. After discussion of the inconvenience to the community and that this is not in the best interest of the customer, councilmembers agreed that a letter be sent from the mayor to the Board of Commissioners asking for reconsideration of this directive. Animal Control Ordinance: Jinterim Attorney Schwartz said that regulations for animal control need to be in place on the date of incorporation. The County ordinance is complete and current, so he suggests that the County ordinance be adopted by reference. Councilmembers agreed that Section 5.04.031 requiring cat licensing be deleted for the Spokane Valley animal regulations ordinance, and that this ordinance be placed on the March 25, 2003 agenda. jail Services Agreement: Interim Manager Walton said that the proposed agreement is the same as what Spokane County has with other cities. This document still needs to be more thoroughly reviewed by the attorney and staff. Councilmembers agreed that this agreement be placed on the March 25, 2003 agenda. Study Session, Much 13, 2003; Minutes approved: 9 Probation .Services Agreement: Interim Manager Walton said that these services are provided by the City of Spokane, but our agreement is to be with Spokane County. Individuals are assessed for probation services and that are collected by the Court. It is expected that collections will fund the services, so Spokane Valley will not pay County for these services. Councilmembers agreed that this agreement be placed on the March 25, 2003 agenda. Mayor DeVleming closed the Study Session at 9:05 p.m. stating that Council will go into executive session for. approximately 20 minutes to discuss legal matters, with no action to be taken following the executive session. Council exited executive session at 9:45 p.m. ATTEST: APPROVED: Interim City Clerk Ruth Muller Mayor Michael DeVlem_ing Study Session, March 13, 2003; Minutes approved: 3 DRAFT CITY OF SPOKANE VALLEY City Council Minutes Regular Meeting March 20, 2003 Mayor Michael DeV Leming called the special meeting of the Spokane Valley City Council to order at 6:04 p.m. Councilmembers present: Mayor Michael DeVleming, Deputy Mayor Diana Wilhite, Councilmembers Dick Denenny, Mike Flanigan, Richard Munson, Gary Schimmeis, and Steve Taylor. Staff present: Interim City Manager Lee Walton, Interim Finance Director Robert Noack, Interim Community Development Director Jim Harris, interim Building Official Bob Ely, Interim City Engineer Dick Thiel, Interim City Clerk Ruth Muller, and Interim Administrative Assistant Karin Bosworth. Invocation: Councilmember Taylor gave the invocation. Pledge of Allegiance: Councilmember Denenny led the pledge of allegiance. Roll Call: Interim City Clerk called roll. Presentations: Councilmember Munson suggested that Spokane Valley join other organizations in support of our United States Military and read a proposed proclamation. Councilmember Flanigan rnoved and Councilmember Taylor seconded that Spokane Valley proclaim March 23 -29, 2003 as "Support Our Troops Week". The motion carried unanimously. Approval of Agenda: Councilmember Taylor moved and Deputy Mayor Wilhite seconded that the Agenda be approved as submitted. The motion carried unanimously. Council Reports: Deputy Mayor Wilhite reported that the Finance Committee has reviewed expenditures in relation to interim budget appropriations and these are consistent with estimated expenses; expenditures for the past two weeks were recommended for approval. Councilmember Flanigan reported that community response to the events during the incorporation celebration is very good and tickets for all events are available. Councilmember Flanigan reported that Senate Bill 6026 and its companion House Bill 1581 relating to formation of Parking and Business Improvement Districts are moving through both houses. An amendment to House bill 1581 removing County legislative authority to form these districts within corporate boundaries of cities is still being considered. Council Minutes, March 20, 2003 - Approved April , 2003 Pagel of 6 DRAFT Councilmember Taylor reported that he met recently with Justin Morris of the Child Home Society regarding the capital campaign for building at Mirabeau Center in regard to a request submitted to Representative George Nethercutt's office for $500,000. Council concurred that a letter stating Spokane Valley's support of this request be prepared for signature. Councii_member Denenny reported on the Spokane Transit Authority (STA) task force activity noting that there is a different attitude at STA now with the hiring of a new manager and a new communications firm. There is a new approach to actively involve the public regarding the needs for public transit, which is very encouraging. Mayor DeVleming reported that today, he and Councilmembers Flanigan, Munson, and Schimmels attended an emergency management workshop. A committee will be appointed in the near future to begin work on preparing an emergency plan for the City as required by law. Mayor DeVleming noted that all Planning Commission applications are to be submitted by March 21, 2003 at 5:00 p.m. Agenda Bill No. 2003 -058 (Property Tax): interim City Clerk introduced Ordinance No. 55 by reading the title. Councilmember Flanigan moved and Councilmember Taylor seconded that the rules be suspended for two readings of this ordinance and to adopt Ordinance No. 55 Levying the Regular Property Taxes for the City of Spokane Valley. Washington in Spokane County for the Year Commencing January 1, 2004 to Provide Revenue for City Services as Set forth in the City Budget. interim Manager Walton said that adopting this ordinance gets information on the County books regarding the Spokane Valley tax levy rate. This levy rate is actually a decrease to property taxes of City residents of approximately $0.24 per $1000 of assessed valuation. Annette Remshard, 1 705 North McMillan Lane, said that there is a great deal of concern among residents about any increase to taxes, and urged the Council to include information to the public about the decrease so that there is a better understanding by the community. The motion to adopt Ordinance No. 55 carried unanimously. Agenda Bill No. 2003 -078 (Animal Control Regulations): Interim City Clerk introduced Ordinance No. 56 by reading the title. Councilmember Flanigan moved and Councilmember Munson seconded to suspend the rules for two readings of this ordinance. advance to second reading and adopt Ordinance No. 56 Adopting by Reference Chapters 5.04 and 5.12 of the Spokane County Code as the Animal Control Regulations for the City of Spokane Valley. interim Manager Walton said that this ordinance, with the removal for licensing of cats, provides for animal regulations until the City has time to develop its own regulations. Tony Lazanis, 10625 East Trent, suggested that an ordinance be created for barking dogs. The motion to adopt Ordinance No. 56 carried unanimously. Council Minutes, March 20. 2003 - Approved April , 2003 Page 2 of 6 .DRAFT Agenda Bill No. 2003 -079 (Hearing Examiner jurisdiction): Interim City Clerk introduced Ordinance No. 57 by reading the title. Councilmember Flanigan moved and Councilmember Denenny seconded to susiend the rules for two readings of this ordinance, advance to second reading and adopt Ordinance No. 57 Establishing. the Office of Hearing Examiner, Adopting a Hearing Examiner System, Confen Jurisdiction and Providing for Rules and Regulations. Interim Manager Walton said that his ordinance has been reviewed by the County Hearing Examiner who will be hearing Spokane Valley appeals. Interim Community Development Director Harris said that use of a hearing examiner helps to relieve the volume of work before the Council, as the land use appeals are heard before a professional. Harris responded to questions of the Council relating to language in the ordinance and the appeal process. Tony Lazanis, 10625 East Trent said this process should be carefully explained to the public. The notion to adopt Ordinance No. 57 carried unanimously. Agenda Bill No. 2003 -041 (Employee Personnel Policies and Benefits): Interim City Clerk read the title of Ordinance No. 44 for second reading. Councilmember Munson moved and Councilmember Flanigan seconded to adopt Ordinance No. 44 Establishing; a Human Resources System for the City and Outlining the Basic Personnel Policies and Employee Benefits of City Employees. The motion carried unanimously. Agenda Bill No. 2003 -080, .I'rc -Trial Services Interlocal (Agreement No. CO3 -21) Deputy Mayor Wilhite moved and Councilmember Sch.im.mels seconded that the Interim City Manager be authorized to execute Agreement No. CO3 -21 for Pretrial Services in the City of Spokane Valley. interim Manager Walton said that this agreement has been negotiated between City staff and Spokane County staff and it is recommended for execution. Walton responded to Council questions relating to procedures for indigent counsel appointment. The motion carried unanimously. Agenda Bill No. 2003 -067, Probation Services Lrtcrlocal (Agreement No. CO3 -17) Deputy Mayor Wilhite moved and Councilmember Taylor seconded that the Interim City Manager be authorized to execute Agreement No. CO3 -1.7 for Probation Services for the City of Spokane Valley. Interim Manager Walton said that this agreement has been negotiated between City staff and Spokane County staff a..nd is recommended for execution. The agreement is at no cost to the City, as assessments are levied by the Court that cover costs for service. The motion carried unanimously. Agenda Bill No. 2003 -066 Jail Services Interlocal (Agreement No. CO3 -16) Councilmember Denenny moved acid Councilmember Flanigan seconded to authorize the Interim City Manager to execute Agreement No. CO3 -16 Between Spokane County and City of Spokane Valley Regarding Cost Sharing for Jail Services. Interim Manager Walton said that this agreement has been negotiated between City staff and County staff Council Minutes, March 20, 2003 - Approved April , 2003 Page 3 of 6 DRAFT and is recommended for execution. Councilmember Munson questioned if the City can bill prisoners for any of the jail housing costs; staff will research this question. Annette Remshard, 1 705 North McMillan Lane, stated her concern about the relationship between the City and County regarding law enforcement services, and urged the Council to assure that the City is not unfairly represented in these agreements. Councilniembers Munson and Denenny noted that there will be on -going review of how these agreements are working and that in the case of the law enforcement services agreement, Spokane Valley has taken control and there must be accountability to Spokane Valley Council. Tim Rose, 904 North Phelps, questioned when Spokane Valley becomes responsible since it appears in his neighborhood that deputies seem to be resentful and are not respectful to the citizens. Interim Manager Walton explained that after incorporation on March 31, 2003, Spokane Valley is responsible and the deputies will be assigned specific areas to help them become more knowledgeable and responsive to their assigned area; any action by a deputy that is of concern by a neighborhood should be reported to the City and to the Sheriff Valley precinct. The motion to authorize execution of Agreement No. CO3 -16 carried unanimously. Agenda Bill No. 2003 -081, Building and Construction Permit Transition (Agreement No. CO3 -20). Deputy Mayor Wilhite moved and Councilmember Sch.i_mmels seconded to authorize the .Interim Ci r Maria er to execute a Bement No. CO3-20 Between Spokane County and the City of Spokane Valley Relating to Processing of Building and Constriction Permit Applications. Interim Manager Walton said that this agreement minimizes inconvenience to people by providing that Spokane County will complete all building permits presently in work. New permits as of March 31, 2003 will be issued by Spokane Valley. The motion carried unanimously. Agenda Bill No. 2003 -083, Roads Maintenance, WSDOT (Agreement No. CO3 -24) Councilmember Flanigan moved and Councilmember Taylor seconded to authorize the Interim City Manager to execute agreement No. CO3 -24 for State Department of Transsortation Maintenance of City of Spokane Valle ' Owned Roadway on State Route 27 (Pines) and State Route 290 (Trent). The motion carried unanimously. Agenda Bill No. 2003 -084, Sign and Signal Maintenance, WSDOT (Agreement No. CO3 -25) Councilmember. Flanigan moved and Councilmember Taylor seconded to authorize the Interim City Manager to execute agreement No. CO3 -25 for State Department of Trans .ortation Maintenance of Ci of Spokane Valley Owned Traffic Si., als and Illumination on State Route 27 (Pines) and State Route 290 (Trent). Interim Manager Walton said that electrical power for these signals is the responsibility of the City, and that these two agreements with the State are very clear agreements. The motion carried unanimously. Council Minutes, March 20, 2003 - Approved April , 2003 Page 4 of 6 DRAFT Agenda Bill No. 2003 -082, Engineering Services Memorandum of Understanding (Agreement No. CO3 -23). Councilmember Munson moved and Councilmember Denen.ny seconded that the Interim City Manager be authorized to execute agreement No. CO3 -23. A/.i.emorandum of Understanding_Between the City of Spokane Valley and Spokane Coun for Engineering Services. Interim Manager Walton said that this MOU will allow projects to continue until such time as the City and County have approved a contract for engineering services.. Tony .T.azanis, 10625 East Treat, asked if this is for the rest of 2003, and was advised that the MOU covers projects presently underway or about to bid. The motion to authorize execution of CO3 -23 carried unanimously.. Agenda Bill No. 2003 -085, Hearing Examiner Services Interlocal (Agreement No. CO3 -22) Councilmember Munson moved and Councilmember Schimmels seconded to authorize Interim City Manager to execute agreement No. CO3 -22 Between City of Spokane Valley and Spokane County for Hearing Examiner Services. Interim Manager Walton said this agreement has been negotiated by City staff and County staff with input from the County hearing examiner. The agreement provides for Spokane Valley to use the County hearing examiner who has been very responsive to the City's needs. The motion carried unanimousl}_ City Manager & Staff Reports: Interim City Manager Walton reported that the permit center is on schedule to begin operation March 31, 2003; the Council is in step to get the critical laws in place by date of incorporation and can complete others that are necessary following incorporation. Council Chamber remodeling is nearly complete and will be .ready for meetings following incorporation. Public Comments: Annette Remshard, 1705 North McMillan Lane, thanked the Council for doing a miraculous job during this interim period to get the City ready for incorporation, saying that she is very proud of them and that as elected officials they deserve to be treated respectfully. New Business: Deputy Mayor Wilhite requested that Council excuse herself and Councilmember Denenny from the March 25, 2003 Council meeting, as they will be in Washington D.C. on official business. Mayor DeVleming adjourned the meeting to Study Session at 7:08 p.m. ATTEST: APPRO VED: Interim City Clerk Mayor Michael DeVleming kb Council Minutes, March 20, 2003 - Approved April , 2003 Page 5 of 6 DRAFT City of Spokane Valley City Council Study Session Notes March 20, 2003 Mayor Michael DeVleniing opened the. Study Session at 7:18 p.m. Councilmemhcrs present: Mayor Michael DeVleming, Deputy Mayor Diana Wilhite, Councilmembers Dick Denenny, Mike Flanigan, Richard Munson, Gary Schimmels and Steve Taylor. Staff present: Interim Manager Lee Walton, Interim Finance Director Robert Noack, Interim Community Development Director James Harris, Interim Human Resources Manager Don Morrison, and interim City Clerk Ruth Muller. Vacation and Leave Benefits: interim Human Resources Manager Morrison explained that as a result of direction by Council during the detailed review of the personnel ordinance, these benefit provisions were extracted from the ordinance and are being presented in resolution form to give the Council more flexibility. There was discussion of provisions included in this resolution and Council concurred that Section 3.C. be amended to provide a sick leave bank of 96 hours rather than 200 hours. Morrison reported that four building department employees have been hired to begin work March 24, 2003 for training and in preparation to have the permit center operational on incorporation day, March 31, 2003. it is necessary that these personnel provisions be in place so that employees will be covered at time of hire. Consensus of the Council is that the regular meeting will be re- opened .following this study session to take action on Resolution No. 03 -022. Essential Public Facilities: Interim Commu.nity Development Director Harris said that state law mandates that all cities provide for siting of essential public facilities. Spokane County Regional Siting Process for Essential Public Facilities was developed by all cities and towns within Spokane County to ensure consistency among all jurisdictions and to provide for equitable distribution throughout the County. Staff recommends that Spokane Valley join with the other cities in the County to participate for siting of these facilities. There was brief discussion of the different types of facilities covered under these provisions, possible amendments to the state law as to where these facilities can be sited, and community response to such facilities. .Land Use Application Review Procedures: Interim Community Development Director Harris said that because there was no consistency as to how cities processed land use applications, state law was enacted that requires large projects to be coordinated and issued within 120 clays of receipt of a complete application. There is current legislation being considered in Olympia that would impose penalties if permits are not issued within Councl Study Session Motes. Mar. 20, 2003. Approved: 1 the 120 -day time period. Staff recomrnends that Spokane Valley adopt by reference Spokane County ordinance that establishes a process and timeline for meeting state requirements. Mayor DeVleming closed the Study Session at 7:56 p.m. Mayor DeVleming re- opened the special council meeting at 7:58 p.m. Resolution No. 03 -022 (Holiday, Vacation, Leave Benefits): Councilmember Denenny moved and Councilmember Munson seconded that Resolution No. 03 -022 as amended in Section 3.C.Specifving the Holiday. Vacation, and Leave 13eneiit Provisions for City Employees be adopted. The motion carried unanimouslL New Business: Councilmember Taylor questioned the level of activity that Council should engage in regarding the Association of \Washington Cities. interim Manager Walton said that during the year this organization provides many training opportunities for City officials and staff, and provides legislative information to the cities of the state. Mayor DeVleming said that a contact tree has been established if there should be a Code Red designation by the federal government. Adjournment: Councilmember Flanigan moved and Councilmember Taylor seconded that the meeting adjourn. The motion carried unanimously There being no further business, the meeting adjourned at 8:05 p.m. ATTEST: APPROVED: interim City Clerk Ruth Muller Mayor Michael DeVleming Councl Study Session Notes, Mar. 20, 2003. Approved: 2 DRAFT • CITY OF SPOKANE VALLEY City Council Minutes Regular Meeting March 25, 2003 Mayor lvfichael DeVieming gilled the regular meeting o)t: the Spokane Valley City Council to order at 6:02 p.m. - Councilnaembcrs present: Mayor Michael DeVleming and Councilmenbers Mike Flanigan, Richard M.unson, Gary Schimmels, and Steve Taylor. Councilmembers excused: Deputy Mayo Diana Wilhite and Councilmernber Dick Denenny. Staff present: Interim City Manager Lee Walton, Interim City Attorney Stanley Schwartz, Interim Finance Director R.obert back, Interim 'Community 'Development Director .Tarnes Harris, Interim 'Long Range Platua.ing Greg McCormick, Interim Current Platiniang Manager Kim l.:yonnais, Interim Long Range Planner Scott KLthta, Interim Public Wo.rts Director. Richard Warren Interim City Engineer Dick Thiel, City Clerk Ruth Muller, and Intern. A.dministrative Assistant Karin Bosworth. Invocation: Pastor Rick Evanson, Good Shepherd Lutheran Church, gave the invocation. Pledge of Allc fiance MayoT De Ierni.r.g 1.ed the pledge of allegiance. :Roll Call: Interim City Clerk cal Led roll. Approval of Agenda: Mayor .De'Vlearaing added a presentation from the Planning Department before Second Reading Ordinances item 11.B. Interim City Attorney Schwartz, distributed a proposed ordinance for moratorium on adult entertainment penr7ils as Item 11- .A -4 -, said there would be no action required for T.tern 11.C.2., and that Item 11.0.1. will be ready for the March 27, 2003 special meeting. Councilmember Munson moved and Councihnembcr nun an seconded that the A er da be a +roved as amended. The. motion carried unanimous) with five votes.' Public Comments: Tom Dc2 are, 2820 South Avalon Road, presented in.forrnatiorx to the Council on the name change poll that he conducted, requesting that they review the i.n:l'orrnatioo afte.r this meeting. David Elton, 5210 Fast 5th venue, questioned if changes to the comprehensive plan were considered scientifically. He volunteers assistance to the City as be has been a certified appraiser since 1992. Council Reports: Council]r,ember Munson said the 'Finance Committee met, reviewed claims obligations and recommend approval by the Council. Council Minutes, March 25, 2003, Council approved April ; 2003 Page ] of 6 DRAFT Councilmember Flanigan reported that about 300 tickets have been sold for. the Mayors Ball on March 29, 2003. Councilmcmber Flanigan updated the Council on Senate Bill 6026 and its companion House Bill 1581. The bill as amended has passed in the Senate and is now in the House for hearing. Councilmember Flanigan suggested another letter from the Council supporting this bill with the amendment to remove County authority to establish Parks and Business improvement Districts within cities. This item will be added to the agenda under Pending Legislation for action and public comment. Councilmember Munson reported that he recently attended a Mirabeau Point Board Meeting and there was discussion relating to City ownership and status of this Board if the City accepts ownership. Consent Agenda: Councilmernber Flanigan moved and Councilmember Munson seconded approval of the Consent Agenda including: (a) Special Meeting Minutes of March 6. 2003; (b) RegularMeeting Minutes of March 11, 2003: and () Claims Obligations in the amount of $135.837.03. The motion carried unanimously with five votes. Public N:caring: Mayor DeVleming opened the Public Hearing at 6:20 p.m. The mayor stated that the purpose of this hearing is to receive citizen input on the proposed extension of a moratorium on permits for adult entertainment establishments and announced the procedure that will be followed. Interim Attorney Schwartz said that approving a moratorium would put a six -month freeze on the filing of adult entertainment establishment pertnits. This gives the staff opportunity to study the County code and develop recommendations to submit to the Council for adoption as the City code governing this type establishment. The mayor opened the public hearing for public comment. Bill Gothmann, 10010 East Avenue, read a statement that supports establishing a moratorium on adult entertainment permit issuance to give the Council opportunity to thoroughly study the services. that all businesses provide to a community and make decisions as to what will be in the best' interests for building a good community. David Elton, 5210 East Fifth Avenue, said that having these types businesses can be very expensive to a community. Building a community takes time, strategy and needs much public input, and he said that the Council would be well advised to take their time and think through this issue very carefully. There being no .further comments, Mayor DeVleming closed the hearing at 6:31 p.m. Council Minutes, March 25, 2003, Council approved April , 2003 F'agc 2 of 6 DRA :�' Agenda Bill No. 2003 -086 (Subdivision Regulations, Ordinance No. 58): Interim City Clerk introduced Ordinance No. 58 by reading the title. Councilmember Flanigan moved and Councilmember Taylor seconded to suspend the rules for two readings of this ordinance, advance to second reading, and adopt Ordinance No. 58, Adopting by Reference Title 12. Entitled "Subdivisions" of the Spokane County Code as the Interim Subdivision Regulations of the City. interim Attorney Schwartz summarized this ordinance stating that staff is recommending a change to County code by allowing shortplat of 9 or fewer lots to be approved administratively, that is less costly to the developer, but will still be required to comply with all zoning and subdivision requirements. Staff responded to several questions relating to certain sections of the ordinance and capability of staff to handle workload. Dwight Hume, 707 West 7 No. 200, said that the homebuilders association has analyzed a 9 -lot versus a 4 -lot shortplat and there is a savings of approximately $1.200 plus time to the applicant. He said the proposed revision is a quantum step forward in accommodating applicants. The motion to adopt Ordinance No. 58 carried unanimously with five votes. Agenda Bill No. 2003 -087 (Shoreline Master Program, Ordinance No. 59): Interim City Clerk introduced Ordinance No. 59 by reading the title. Councilmember Flanigan moved and Councilmember Schimmels'seconded to suspend the rules for two readings of this ordinance. advance to second reading., and adopt Ordinance No.. 59, Adopting the Spokane County Shoreline Program and R.elated Regulations as the Interim Shoreline Management Program ofthe City. Interiln Attorney Schwartz summarized provisions of this ordinance, and said that the state requires cities to regulate shorelines through a master program. The motion carried unanimously with five votes. Agenda Bill No. 2003 -088 (Land Use Application Review, Ordinance No. 60): Interim City Clerk introduced Ordinance No. 60 by reading the title. Councilmember Flanigan moved and Councilmember Taylor seconded to suspend the rules for two readings of this ordinance, advance to second reading. and adopt Ordinance No. 60, Adopting by Reference the Spokane County "Application Review Procedures for Project Permits" as the Interim Application Review Procedures for Project Permits of. the City. :i.nterim Attorney Schwartz said that legislation requires there be a uniform permitting process that this ordinance addresses. Staff will be analyzing this ordinance as they go through the permitting process and will determine any recommendations for changes. The motion carried unanimously with five votes. Ordinance No. 61, Moratorium on Adult Entertainment Permits: Interim City Clerk . introduced Ordinance 61 by reading the title. Mayor DeVlem.ing moved and Councilmember Taylor seconded that Ordinance No. 61 Establishing a Moratorium on the' Filing and Acceptance of Applications for Development Permits or Land Use Approvals Associated with Adult Entertainment and Adult Establishments be advanced to second reading. Interim Attorney Schwartz said that this ordinance establishes the moratorium on issuance of development permits for adult entertainment.establishments for a six -month Council Minutes, March 25, 2003, Council approved April , 2003 Page 3 of 6 DRAFT period giving the City an opportunity to study and determine its own regulations for control of these. establishments. Annette Remshard, 1705 North McMillan Lane, said that she is pleased that the Council is taking steps in an effort to provide more protection for the City's citizens. The notion to adopt ordinance No. 61 carried unanimously with five votes. Staff Presentation: Mayor DeVleming said that before the agenda items covering second readings of ordinances, the Community Development Department will make a short presentation on suggested changes to these documents for Spokane Valley. Interim Long Range Planning Manager McCormick reviewed the changes that stair recommends be made to the land use documents to address some of the issues that were raised at the March 11, 2003 public hearing and from citizen contact during the past .few weeks. Interim Community Development Director Harris said that other issues that were raised will need more study so that the City does not create spot zoning. Agenda Bill No. 2003 -070 (Comprehensive Plan, Ordinance No. 52): Interim City Clerk read Ordinance No. 52 title for second reading. Councilmember :Munson moved and Councilmember Flanigan seconded to adopt Ordinance No. 52, Adopting the Spokane County Comprehensive Plan Capital Facilities Plan and Maps as the Interim Comprehensive Plan of the City. Interim Attorney Schwartz summarized provisions of this ordinance noting that there could be additional amendments included of properties that have proceeded through the County permit and review process with. approximately 99% of the work done for such changes. Schwartz provided some options for how these additional changes might be handled by Spokane Valley. Councilmember Munson moved and Councilmember Flanigan seconded to amend the motion to include requested corn rehensive plan changes that are nearly complete through the County process and that staff deem a.�ropriate. There was brief discussion of specific properties that may need to be addressed by Spokane Valley and compliance with the Growth Management Act. Richard Behrn, 3626 South R.idgefield Drive, said that there were many hours of testimony prior to and during the construction of Appleway and he is concerned about 'the commercial designation on the south side of this right of way. He also notes that the designated discharge area for stormwater in the vicinity of Carnelian and 8 Avenue needs to be thoroughly studied and urges that Council delay action on this document until more information and research has been gathered by staff. Tony Lazanis, 10625 East Trent, expressed concern about the zoning change of the Spokane Rock Products property, and requested that staff do more research on this issue prior to adoption of this ordinance to assurethat the neighborhood quality of life is protected. Davis Hume 707 West 75h, #200, represents owners of properties in the vicinity of Appleway and Park and noted that the comprehensive plan changes have been well reviewed through the County process and allow for reasonable; it is his opinion that Council Minutes, Mauch 25, 2003, Council approved April , 2003 Page 4 of 6 DRAFT commercial will not spread to the south side of Appleway. He questioned status of a specific change that he has submitted to the City. - interim Community Development Director Harris responded that this request, along with others will be looked at by staff so that zoning along the whole corridor is considered for the best solution to address these requests. Responding to questions of the Council. relating to the concerns raised by citizens, Interim Community Development Director Harris advised that staff has thoroughly reviewed proposed comprehensive plan changes processed through the County, but other issues will be addressed as the Planning Comrnission proceeds with development of the City's Plan. Councilmembers agreed that it is not the City's intent to be a roadblock for the amendments that have gone through extensive public input and County staff review, and they do not wish to take action that could hamper business opportunities in• Spokane Valley. Councilmernber Munson withdrew his motion to amend and Councilmember Flanigan withdrew his second to amend. Cotmcilmembers agreed to delay action on Ordinance No. 52 until the March 27. 2003 meeting to give staff opportunity to respond to the concerns raised about this ordinance. Agenda Bill No. 2003 -071 (Phase 1 Zoning Code, Ordinance No. 53): Interim City Clerk read Ordinance No. 53 title for second reading. Councilmember Flanigan moved and Councilmember Taylor seconded to adopt Ordinance No. 53 Adopting by Reference Chapters 14.100 Through 14.800 With Appendices entitled the Spokane County Zoning Code as Su..lemented and Amended b = the Phase I Develo. went Regulations and This Ordnance as the Interim Development Regulations of the City. Interim Attorney Schwart2 reviewed provisions of this. ordinance and.highlighted changes suggested by staff to the County ordinance. The motion carried unanimously with five votes. Agenda Bill No. 2003 -072 (Phase 1 Zoning Map, Ordinance No. 54): interim City Attorney Schwartz recommended that this agenda item be delayed to the next meeting to give staff opportunity to address the concerns raised during discussion of Ordinance No. 52. Council agreed to add this item to the March 27 2003 agenda. Mayor DeVleming recessed the meeting at 8:03 p.m. for ten. minutes. The meeting reconvened at -8:12 p.m. City Manager and Staff Reports: Interim Finance Director Noack presented the preliminary budget for the nine-month period, March 31, 2003 through December 31, 2003. A public hearing is scheduled March 27, 2003 to receive public input on this proposed budget. Noack. responded to questions of the Council on several parts of the proposed budget. Council Minutcs, March 25, 2003, Council approved April , 2003 Page 5 of G Public Comments: Jim Laddie, 1506 South Pierce, expressed concern about the cost for obtaining street obstruction permits and suggested that the City staff meet with purveyors to convey information about required permits and costs. Annette Remshard, 1705 North McMillan. Lane, expressed appreciation for the budget document that indicates the City will be operating with less expenditures than revenues. Tony L,ar.,anis, 10625 Fast Trent, thanks Councilmember Flanigan for k.eeping on top of the proposed state legislation relating to lodging taxes and urges Council to support the efforts to lobby the legislature, since the legislation without amendment is bad for the industry. Pending :Legislation: Councilmember Munson moved and Mayor DeVleming seconded that Council approve the letter to the State House Trade and Economic Development Committee supporting the amendment to Senate bill 6026 removing the legislative authority of counties to form a Parkins and Business Improvement District within city corporate boundaries. Councilmember Flanigan explained provisions of the bill and the proposed amendment, noting that Spokane Valley could support the bill_ with the inclusion of this amendment. There were no public comments either for or against this proposed letter. The motion to approve the letter carried unanimously with five votes. Councilmember Flanigan moved and Councilmember Munson seconded that the meeting adjourn. The motion carried unanimously with five votes. There being no further business, the meeting was adjourned at 8:43 p.m. ATTEST: APPROVED: interim City Clerk Mayor Michael.DeVleming kb DRAFT Council ,Minutes, March 25, 2003, Council approved April , 2003 Page 6 of 6 • CITY OF SPOKANE VALLEY REQU.EST.FOR COUNCIL ACTION DATE ACTION IS REQUESTED: April 8, 2003 - Tabled April 22, 2003 - Remove from table APPROVED FOR COUNCIL PACKET: City Manager Dept. Head Attorney Approve As To Form TITLE: TYPE OF ACTION: Ratify County changes to pretrial and probation agreements Ordinance Resolution ATTAC Letter dated March 26, 2003 X Motion from James Emacio Other SUBMITTED BY: Interim City Manager Agenda Bill No. 2003 -099 STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Ratify language changes approved by Spokane County Board of Commissioners in interlocal agreements for pretrial services and probation services. DISCUSSION: At the May 20, 2003 meeting, Council authorized for execution interlocal agreements No. CO3 -17 for probation services and No. CO3 -20 for pretrial services with Spokane County. Following Council action, there were some language changes made by the County to these hvo agreements that were included in the documents executed by the .Board of Commissioners. The pretrial services agreement approved for execution by Council included a 12 -month cost for these services. The language was corrected to the 9 -month cost in the document approved by the County Board. The probation services agreement approved for execution by Council did not include a cost figure for service. The language in Section 3 covering costs was changed in the document approved by the County Board and includes an estimated cost for 2003. These changes are detailed in the March 26, 2003 letter from James Emacio. ALTERNATIVES: None FISCAL IMPACT: Savings in the pretrial cost ($6375) and potential probation cost ($16,711) SOURCE OF FUNDS: general fund WHEREAS, pursuant to the provisions of RCW 39.34.180, the City of Spokane Valley is responsible for the costs incident to investigation, prosecution, adjudication and incarceration of misdemeanor and gross misdemeanor offenses that occur within its jurisdiction and that are committed by adults; and WHEREAS, Spokane County has established the Spokane County District/M.unicipal Court under the provisions of chapter 338 RCW for the judicial administration of the laws of the State of Washington and the ordinances of Spokane County. The Spokane County District/Municipal Court consists of one district encompassing all of Spokane County; and WHEREAS, the Spokane County District/Municipal Court has entered into an l:nterlocal Cooperation Agreement with the City of Spokane wherein the City of Spokane provides managerial and administrative support for the Spokane County District Court Probation Services Department ( "Department "). The Department is funded by monthly assessments established by the COURT under R.CW 10.64.120 which are paid by persons receiving probation services; and WHEREAS, the City of Spokane Valley desires to utilise the services of the Spokane County District/Municipal Court Probation Services Department for the purpose of providing probation services as directed by the Spok:ane County District/Municipal Court for (i) misdemeanor or gross misdemeanor offenses constituting a violation of a state statue committed by an adult within the City of Spok.ane Valley, and/or (ii) a violation of the City of Spokane Valley's ordinances. NOW TffEREFO for and in consideration of the mutual promises set forth hereinafter and as provided for in the above - referenced recitals, the PARTIES do hereby agree as follows: SECTION NO. l.: PURPOSE The purpose of this Agreement is to set forth the PARI]ES' understanding as to the terms and conditions under which COURT will provide Probation Services to CITY. For the purpose of this Agreement "Probation Services" is further described in Section No. 4 herein below. SECTION NO. 2: DURATION This Agreement shall be effective at 12:01 A.M. on April 1, 2003, and run through 12:00 P.M. December 31, 2004, unless one or all of the PARTIES give notice of termination as provided for in Section No. 5 and Section No. 14 of this Agreement. SECTION NO. 3: COST FOR PROBATION SERVICES Pursuant to RCW 10.64.120 COURT establishes a monthly assessment. This assessment is levied on persons referred by COURT for Probation Services. This assessment is collected from persons receiving Probation Services. Assessment fees collected by COURT under the terms of this Agreement will be sufficient to fund Probation Services. Accordingly, CITY shall not pay Page 2 of 7 COUNTY or COURT for any Probation Services provided by COURT under the terms of this Agreement. CITY agrees COURT, through Spokane County Probation Services Department, may retain all assessment fees assessed by COURT and collected from persons receiving Probation Services under the terms of this Agreement. SECTION NO. 4: SERVICES PROVIDED P.robation Services shall include case management as directed by the Spokane County District Court for misdemeanor offenses constituting a violation of a state statue committed by an adult within the City of Spokane Valley and/or a violation of the CITY'S ordinances constituting a misdemeanor. Case management includes the monitoring of cases in pre -trial status, providing supervision and monitoring of sentenced offenders, and supervision and monitoring of offenders whose cases are on a deferred status. Monitoring includes meeting with the offenders, reviewing the court's probation orders, consulting with various service providers and other criminal justice entities, tracking criminal activity, and referral for appropriate services. Probation Services shall also include verification of an offenders' compliance or non- compliance to the COURT. SECTION NO. 5: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or. (ii) the third day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to the PARTIES at the address set forth below for such Party, or at such other address as PARTIES shall from tirr►e -to -time designate by notice in writing to the other PARTIES: COUNTY: COURT: CiTY: SECTION NO. 6: 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. Page 3 of 7 Spokane County Chief Executive Officer or his/her authorized representative 1 1 16 West :Broadway Avenue Spokane, Washington 99260 Spokane District Court Presiding Judge Spokane County District Court 1100 West Mallon Avenue Spokane, Washington 99260 City of Spokane Valley City Manager or his/her authorized representative Redwood Plaza 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 WHEREAS, pursuant to the provisions of RCW 39.34.180, the City of Spokane Valley is responsible for the costs incident to investigation, prosecution, adjudication and incarceration of misdemeanor and gross misdemeanor offenses that occur within its jurisdiction and that are committed by adults; and WHEREAS, Spokane County has established the Spokane County District/Municipal Court under the provisions of chapter 3.38 RCW for the judicial administration of the laws of the State of Washington and the ordinances of Spokane County. The Spokane County District /Municipal Court consists of one district encompassing all of Spokane County; and WHEREAS, the Spokane County District/Municipal Court has entered into an Interlocal Cooperation Agreement with the City of Spokane wherein the City of Spokane provides managerial and administrative support for the Spokane County District: Court Probation Services Department ( "Department "). The Department is funded by monthly assessments established by the COURT under RCW 10.64.120 which are paid by persons receiving probation services; and WHEREAS, the City of Spokane Valley desires to utilize the services of the Spokane County District /Municipal Court Probation Services Department for the purpose of providing probation services as directed by the Spokane County District/Municipal Court for (i) risdemeanor or gross misdemeanor offenses constituting a violation of a state statue committed by an adult within the City of Spokane Valley, and/or (ii.) a violation of the City of Spokane Valley's ordinances. NOW THEREFORE for and in consideration of the mutual promises set forth hereinafter and as provided for in the above - referenced recitals, the PARTIES do hereby agree as follows: SECTION NO. 1.: PURPOSE The purpose of this Agreement is to set forth the PARTIES' understanding as to the terms and conditions under which COURT will provide Probation Services to CITY. For the purpose of this Agreement "Probation Services" is further described in Section No. 4 herein below. SECTION NO. 2: DURATION This Agreement shall be effective at 12:01 A.M. on April 1, 2003, and run through 12:00 P.M. December 31, 2004, unless one or all of the PARTIES give notice of termination as provided for in Section No. 5 and Section No. 14 of this Agreement. SECTION NO. 3: COST FOR PRORATION SERVICES CITY shall pay COUNTY the actual costs for Probation Services provided under this Agreement. The estimated cost for Probation Services under. this Agreement for calendar year 2003 shall be ONE HUNDRED SIXTY -FIVE THOUSAND SEVEN HUNDRED and ELEVEN DOLLARS Page 2 of 8 ($165,711.00). CITY'S cost was arrived at by using the methodology set forth in Attachment "A," attached hereto and incorporated herein by reference. The PARTIES agree to use the same methodology contained in Attachment "A" to arrive at the estimated costs for calendar year 2004 Probation Services. The PARTIES recognize that the costs will more than likely increase in 2004. For instance, staff may receive salary adjustments by the COURT /COUNTY or the maintenance and operation expenses of the Department may increase. These increases or potential decreases will be reflected in the figures used in the methodologies for calculating CITY'S 2004 estimated costs. Additionally, the methodology will use the actual number of Probation Services provided by COURT through the Department to CITY ( "Report "). At the end of calendar. year 2003 and calendar year 2004, using actual maintenance and operations expenditures ("M&O") as well as using the numbers in the Report for each year, COURT and CITY will each determine respectively whether or not the estimated M &O numbers and percentage numbers used as the basis for calculating costs of Probation Services were accurate. To the extent that CITY was over billed in any year, it will receive a credit to be applied as mutually agreed. If CITY was under billed, it will receive a debit in the subsequent billing. The adjustment will normally take place in March, but no later than June 30 ("date of determination ") of the year following the year Probation Services were performed. At the sole discretion of the CITY, in the case of over billing, or the sole discretion of the COUNTY, in the case of an under billing, the party may request interest on such amount based on lost interest earnings had the under billing amount been invested since the end of the calendar year to the date of determination in the Spokane County "treasurer's investment. Pool or the over billing amount been invested since the end of the calendar year to the date of determination in the Washington Cities Investment Pool. For the purpose of this Agreement, the terminology M &O shall mean those class codes (3000 -5999 and 7000 -9999) used by Spokane County in its budgetary process as prescribed in the BARS manual adopted by the State of Washington under chapter 43.88 RCW. Provided such M &O items are directly attributable and proportionate to services rendered to CITY under the terms of this Agreement. COUNTY will bill CITY for the cost of services as outlined, monthly, during the first week of the month by dividing that fee set forth herein above by nine (9) for calendar year 2003 and by twelve (12) annually thereafter. Payments by CITY will be due by the 5 day of the following month. At the sole option of COUNTY, a penalty may be assessed on any late payment by CITY based on lost interest earnings had the payment been timely paid and invested in the Spokane County Treasurer's Investment Pool. Pursuant to RCW 10.64.120 COURT establishes a monthly assessment that is levied on persons referred by COURT for Probation Services. This assessment in most instances is collected from persons receiving Probation Services. Assessment fees collected by COURT from persons receiving Probation Services under the terms of this Agreement may be sufficient to fund Probation Services. Page 3 of 8 COURT agrees that all assessments collected by COW:7T in conjunction with providing Probation Services to CITY under the terms of this Agreement shall be remitted to CITY. Assessments collected shall be remitted to the CITY'S designee no later than the 10 day of each month for the previous month. COURT shall keep records of all assessments collected in conjunction with providing Probation Services under the terms of this Agreement. Any such assessments ultimately collected in conjunction with providing Probation Services to CITY, regardless of whether or not this Agreement is in effect, shall be remitted to CITY. SECTION NO. 4: SERVICES PROVIDED Probation Services shall include case management as directed by the Spokane County District Court for misdemeanor. offenses constituting a violation of a state statue committed by an adult within the City of Spokane Valley and/or a violation of CITY'S ordinances constituting a misdemeanor. Cast management includes the monitoring of cases in pre -trial status, providing supervision and monitoring of sentenced offenders, and supervision and monitoring of offenders whose cases are on a deferred status. Monitoring includes meeting with the offenders, reviewing the court's probation orders consulting with various service providers and other criminal justice entities, tracking criminal activity, and referral for appropriate services. Probation Services shall also include verification of an offenders' compliance or non - compliance to COURT. SECTION NO. 5: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or (ii) the third day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to the PARTIES at the address set forth below for such Party, or at such other address as PARTIES shall from time -to -time designate by notice in writing to the other PART[ES: COUNTY: COURT: CITY: *Page 4 of 8 Spokane County Chief Executive Officer or his/her authorized representative 1 West Broadway Avenue Spokane, Washington 99260 Spokane /District Court Presiding Judge Spokane County District Court 1100 \Vest Mallon Avenue Spokane, Washington 99260 City of Spokane Valley City Manager or his/her authorized representative Redwood Plaza :1.1707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 SUBMITTED BY: Interim Public Works Director ALTERNATIVES: Not applicable FISCAL IMPACT: None SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -116 DATE ACTION IS REQUESTED: April 22, 2003 TITLE: Bridge the Valley TYPE OF ACTION: Ordinance APPROVED FOR ATTACHMENTS: COUNCIL PACKET: Resolution No. 03 -026 X Resolution (12 City Manager Motion Dept. Head Other Attorney Approve As To Form STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Adopt Resolution No. 03 -026 in support of Bridging the Valley project, and send copies to all area federal and state legislators. DISCUSSION: This is an important project to the City of Spokane Valley to eliminate at -grade crossings. The resolution may help obtain federal and state financial support. t DATE ACTION IS REQUESTED: April 22, 2003 APPROVED FOR COUNCIL PACKET: City Manager Dept. Head Attorney Approve As To Form TITLE: Cable franchise fee ordinance amendment ATTACHMENTS: 1) Ordinance No. 20-Al 2) March 24, 2003 letter from Comcast TYPE OF ACTION: X Ordinance Resolution Motion Other SUBMITTED BY: Interim Finance Director FISCAL . IMPACT: None SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -106 STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Suspend the rules for two readings of this ordinance, advance to second reading and adopt Ordinance No. 20-Al. DISCUSSION: On January 14, 2003, Council adopted Ordinance No. 20 that established a franchise fee on cable television services within the boundaries of the City. Ordinance No. 20 provided that the fee imposed is to be payable fifteen days following the end of each month. Comcast Cable Communications sent a letter to the City dated March 24, 2003 requesting consideration for payment of these cable franchise fees within 30 days from the end of the previous calendar month. Since it is customary for cable franchise fees to be paid on a quarterly basis, staff proposes an amendment to this ordinance to be consistent with other jurisdictions, and also to change the due date to 30 days following the end of a quarterly report period. ALTERNATIVES: 1) retain the monthly payment period for these franchise fees, amending due date to be payable. 30 days following the end of previous month; 2) make no change to the ordinance omcast. March 24, 2003 The Honorable Mike DeVlerning, Mayor City of Spokane Valley 11707 East Sprague, #106 Spokane Valley, \VA 99206 RE: City Ordinance No. 20 Dear Mayor DeVleming: Congratulations on the incorporation of the City of Spokane Valley (the "City "), approved by the voters on May 21, 2002 and effective March 31, 2003. Comcast of Pennsylvania/Washington/West Virginia, LP, formerly TCI American Cable Holdings, LP ( "Comcast ") looks forward to providing quality cable service over its cable system to its customers in the City for years to come. Thank you for sending us a copy of City Ordinance No. 20, establishing a franchise fee on cable services delivered in the City. While it has been our experience that new cities customarily adopt the county franchise already in place upon incororation in accordance with RCW 35.02.160, we are pleased to accept the conditions in Ordinance No. 20, with one exception. It is customary for us to pay franchise fees on a quarterly basis. However, we can accommodate paying monthly, but would request the due date be changed to the 30` of each month. Comcast respectfully requests an exception to Section 7 that would allow us to pay our franchise fees within 30 days from the end of the previous calendar month. Section 15 requires us to meet with the City to execute a franchise agreement. We look forward to .meeting with you, or your designee, in the near future to begin franchise negotiations. Please review the enclosed draft model franchise agreement in the spirit it was intended -- as a suggested departure point for our discussions. Congratulations, once again. I look forward to speaking.with you soon. Cordially, Kenneth G. Watts General Manager cc: Stan McN City of Spokane Valley ty of Spokane Valley Janet . Turpen, Comcast Comcast Cable Communic.atiotts, fnc. 1717 E. Buckeye Avg. Spokane, WA 99207 S:Khdinanoe- Didinunoe No. 20 A- r,cnbk franchise amend.doc CITY Of SPOKANE \'ALLEY SI'OKA1fl ?. COUNTY, \VASFI71'GTON ORDINANCE NO. 20 A -1 AN ORDINANCE OF Tat CITY OF SPOKANE VALLEY, WASHINGTON, AMENDING ORDIN:kNCE 20 TO PROVIDE FOR THE PAYMENT OF FRANCHISE ON A QUARTERLY BASIS. WHEREAS, 47 U.S.C. 541 and 542 provides that cities may impose fees upon persons who operate cable television businesses but requires that city fees on cable television businesses not he "unduly discriminatoy against cable operators and subscribes "; and WHEREAS, Contcast, a cable television business, has requested that franchise fees be payable on a quarterly basis as opposed to a monthly basis with the City finding this request to be reasonable. NOW, THEREFORE, the. City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Amendment to Section 7 of Ordinance 20. Section 7, of Ordinance No. 20 is hereby amended as follows: The fee imposed by Section 4 herein shall be paid in ,quarterly ,, - { Deleted: monthly installments. Franchise fee payments shall be due and payable fifteen (15) days following the end of the,cguarterl yperiod in which the fee is accrued. Beainni n> { Deleted: monthly with January 1 the end of each quarterly period shall be: jvlarch 31, June 30. September 30 and December 31. For example, the ` March_ Sol_ first c fuartet') _ _ - _ _ _ r _ - 4 Deleted: April remittance. shall be paid by,4pril30. On or before said due date, the franchise { Deleted: May holder shall file with the City Manager a written return upon such form and setting forth such information as the City Manager shall reasonably require relating to the accurate computation and collection of this fee, together with the payment of the amount. Section 2. Severability. The invalidity of any section, subsection, provision, clause, or portion thereof, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this Ordinance or the validity of its application to other persons or circumstances. Section 3. Effective Date. This Ordinance shall be in full force and effect five (5) days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. ATTEST: PASSED by the City Council this day of April, 2003. Interim City Clerk, Ruth Muller Approved As To Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: S:SOrdinancesSOrdinnr.,e \o, 20 A- I,cah]e franchise nmend,doc Mayor, Michael DeVleming CITY OF SPOKANE VALLEY REQUEST FOR COUNCI I:, ACT:IION Agenda Bill No. 2003 -117 DATE ACTION IS TITLE: TYPE OF ACTION: REQUESTED: City Manager agreement April 22, 2003 Ordinance APPROVED FOR ATTACIIM::ENTS: COUNCIL PACKET: Agreement No. CO3 -66 Resolution City Manager X Motion Dept. Head Other Attorney Approve As To Form SUBMITTED BY: Interim City Manager STAFF RECOMMENDS COUNCIL MAKE A MO'T'ION TO: Ratify Employment Agreement for City Manager as approved at the April 1.5, 2003 meeting. DISCUSSION: Following negotiations between the Council Committee and City Manager candidate, the full Council met in executive session on April 15, 2003 to review Draft No. 6 of an employment agreement: for the City's first City Manager. Following discussion at this executive session, Council reconvened the meeting and unanimously approved Draft No. 6 of Employment Agreement for City Manager David R. Mercier. ALTERNATIVES: None FISCAL IMPACT: SOURCE OF FUNDS: General Funds AMOUNT BUDGETED: Included in 2003 budget for administrative department AMOUNT NEEDED FOR PROJECT: Employment Agreement for City Manager This Agreement is entered into on this fifteenth (15) day of April, 2003, between the City Council of Spokane Valley, Washington, hereafter "Employer ", and David R. Mercier, hereafter "Employee ", whose date -of -hire shall be this date. 1. RECITALS: As an integral part of this Agreement, the parties acknowledge and agree that: Whereas, Employer wishes to employ Employee as City Manager of Spokane Valley and provide certain benefits to him and to establish employment and working conditions of said Employee during his tenure as City Manager; and Whereas, Employer desires to establish an atmosphere which makes possible the Employee's full productivity and at the same time ensures the Employee's morale, health and peace of mind with respect to future security by establishing a clear mutual understanding as to pay and fringe benefits and providing a just and proper means for terminating the services of the Employee if that action becomes necessary or desirable; and Whereas, Employee is willing to accept employment as City Manager of Spokane Valley on the following terms and conditions; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: 2. EMPLOYMENT AND DUTIES Employer hereby employs Employee, and Employee accepts such employment as City Manager of Spokane Valley to perform the functions and duties specified by law and such other legally permissible and proper duties and functions, as Employer shall from time to time assign. 3. TERM AND RENEWAL A. The within Agreement of employment is an agreement for an indefinite term of employment, subject; however to the limitations, notices, requirements, payments, and matters hereinafter set forth. City Manager's Employment Agreement between the City of Spokane Valley and David Mercier Page 1 of 10 B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employer to terminate the services of Employee at any time, subject to the provisions set forth in paragraphs 16 and 17 of this Agreement and those contained in applicable state law. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign his position with Employer at any time, subject to a thirty (30) day notice and the provisions of this Agreement. D. Employee shall report for work on May 1, 2003. 4. COMPENSATION AND BENEFITS A. Base Annual Salary. For services rendered by Employee pursuant to this Agreement, Employer shall pay Employee a base annual salary of One Hundred Fifteen Thousand ($115,000) Dollars effective May 1, 2003, payable in the manner customary with other City employees. Employer agrees that during the term of his employment Employee's salary will never be reduced below the abovementioned base annual salary. B. Social Security Replacement Account. Employer has elected to utilize the International City /County Management Association (ICM_A) 401(a) Money Purchase Plan in lieu of participation in the Social Security Administration Program. Employer and Employee shall make their required payments of six point two (6.2) percent of Employee's base annual salary, with immediate vesting, into said replacement plan toward retirement benefits, as well as the required contributions at the federally determined percentage for Medicare Program participation. C. Insurance Coverage. The insurance coverage provided herein shall remain in full force and effect throughout the Employee's tenure. 1. Employer shall provide and pay 100 percent of the cost of health, life, and dental and vision insurance coverage for Employee and his spouse. The date of this agreement will constitute the date of hire of Employee and thus ensure that all such coverage will be in effect on the date Employee reports to work. City Manager's Employment Agreement between the City of Spokane Valley and David Mercier Page 2 of 10 2. Employer agrees to execute all necessary agreements provided by the International City /County Management Association for Employee's participation, at his expense, in said organization's Retirement Health Savings Plan, in accordance with the voluntary opt -in regulations of a non - discriminatory plan. 3. The Employer shall also secure and pay 100 percent of the cost of disability insurance as provided in paragraph 16. 4. In addition to the basic life insurance benefit accorded all employees, Employer agrees to pay the required premiums on term life insurance policies equal in amount to two (2) times the annual gross salary of Employee, with the beneficiary named by Employee to receive one -half of any benefits paid, Employer the other one -half. Said Employer benefits may be used for any purpose Employer desires or to defray managerial recruitment and other costs associated with the demise of Employee. D. Annual Performance Evaluation and Salary Adjustments. The Employer agrees to increase the base salary and /or benefits of Employeeat the same time as similar consideration is given other employees generally, compatible with the Employee's performance and no lower than in the manner and amount as customary with other City employees. The initial six (6) month and subsequent annual facilitated reviews shall be subject to the following terms: 1. With the assistance of qualified facilitator acceptable to Employer and Employee, Employer shall review and evaluate the performance of the Employee after six (6) months of employment and at least once annually in advance of the adoption of the annual operating budget. Said review and evaluation shall be in accordance with specific criteria developed jointly by Employer and Employee. Further, the Mayor shall provide the Employee with a written summary of the findings of the Employer and provide adequate opportunity for the Employee to discuss his evaluation with the Employer. 2. Annually, the Employer and Employee shall define such goals and performance objectives which they determine necessary for the proper operation of the City and in the attainment of the Employer's policy objectives and shall further establish a relative priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall City Manaeer's Employment Agreement between the City of Spokane Valley and David Mercier Pain 3of10 generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. 3. In effecting the provisions of this section, the Employer and Employee mutually agree to abide by the provisions of applicable law. 5. RETIREMENT A. In lieu of State Retirement contributions, Employer shall contribute twenty -one (21 %) percent of base annual salary into the International City /County Management Association Retirement Corporation 401A Plan, with immediate vesting. B. Employer agrees to execute all necessary agreements provided by the International City /County Management Association Retirement Corporation (ICMA -RC) for Employee's continued participation in said ICMA -RC 401A and 457 plans, and Employer shall contribute an amount equal to eight point seven (8.7) percent of Employee's base annual salary to such 457 Plan, with immediate vesting. Employer further agrees to transfer ownership of ICMA -RC retirement holdings to succeeding employers at the Employee's request following Employee's cessation of employment. 6. VACATION AND SICK LEAVE A. The year 2003 will be a transition year for the Employer and Employee. As an inducement for Employee to become City Manager, upon the execution date of this Agreement, Employee shall be credited with fifteen (15) days of vacation leave and five (5) days of sick leave. The aforementioned credits are considered earned as of the aforementioned date of execution. For the remainder of 2003, vacation will accrue at the rate of point seven five (.75) days per month and sick leave at the rate of one (1) day per month. Furthermore, Employee is willing to perform work on Employer's behalf prior to his report -to -work date and, in lieu of per diem payment, shall earn one (1) day of vacation credit for each day such work is performed. B. In recognition of his lengthy career in public management, beginning January 1, 2004 Employee shall accrue and have credited to his personal account twenty -five (25) days of vacation leave annually, cumulative to sixty (60) days and twelve (12) days of sick leave annually, cumulative to one City Manager's Employment Agreement between the City of Spokane Valley and David Mercier Page 4 of 10 hundred twenty {10} days. Employee shall be paid for all unused po=tions of vacation accrual and half of unused sick leave accrual at cessation of employment. 7, BEREAVEMENT LEAVE Employer shall provide bereavement leave for Employee up to e maximum of five (5) days leave, non- cumulative and without salary or other benefit deduction when there is a death within the Employee's immediate family, as defined by the applicable personnel resolution enacted by Employer. 8. PROFESSIONAL DEVELOPMENT AND MEMBERSHIP DUES A. Employer hereby agrees to budget and pay for expenses of Employee for professional dues, subscriptions and official travel, meetings, and occasions adequate to continue the professional development of Employee and to adequately pursue necessary and other functions for Employer, including but not limited to the Annual Conference of the International City /County Management Association, the Washington City /County Management Association, as provided for in the budget, and other such national, regional, state and local governmental groups and committees thereof which Employee serves as a member and for the good of the Employer. B. Employer agrees to budget and pay for the travel and subsistence expenses of Employee for short courses, institutes and seminars that are necessary for his professional development and for the good of the Employer. C. Employer is interested in Employee's participation in the International City /Couity Management Association's International Programs, or facsimile thereof, as recognized professional development activity and for the good of the Employer. After Employee's initial- year of employment, Employer will make every effort to provide Employee reasonable paid administrative leave to represent Employer in such endeavors. However, the Employer will not be liable for any travel or subsistence expenses of Employee related to this activity. City Manager's Employment Agreement between the City of Spokarn Valley and David l+Mercier Page 5 of 10 9. CIVIC INVOLVEMNT: MEMBERSHIP DUES AND GENERAL EXPENSES A. Employer recognizes the desirability of representation in and before local and regional civic and other organizations, and Employee is authorized to become a member of such civic clubs or organizations he deems necessary or desirable in order to maintain awareness of community attitudes and ideas and Employer shall pay all expenses for membership and participation in related activities. Employee shall report to the Employer on each membership that he has taken out at Employer's expense. B. Employer recognizes that certain expenses of a non - personal and generally job - affiliated nature are incurred by Employee, and hereby agrees to reimburse or to pay said general expenses and the finance director is hereby authorized to disburse such moneys upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. 10. BONDING Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. 11. TRANSPORTATION FOR CITY BUSINESS Employee's duties require that he have ready access to a city vehicle. Whenever practical, Employee will utilize a city vehicle for transportation within and outside of the Employer's jurisdiction. Should Employee be required to use his personal vehicle as alternate transportation for city purposes, Employer shall reimburse Employee at the maximum rate per mile provided in accordance with Internal Revenue Service regulations then in effect. 12. HOURS OF WORK It is recognized that Employee must devote a great deal of time outside the normal office hours to business of the Employer and to that end Employee, will be allowed to take compensatory time off as he shall deem appropriate during said normal office hours. Employee will rely upon an informal arrangement with the Mayor when utilizing compensatory time in increments in excess of one (1) day at a time. City Manager's Employment Agreement between the City of Spokane Valley and David Mercier Page 6 of l0 13. OUTSIDE ACTIVITIES Employer acknowledges that Employee is entitled to perform periodic teaching, writing, consulting, lecturing or other non - Employer- connected business on Employee's time off. 14. INDEMNIFICATION Notwithstanding the existence and applicability of liability protection provided under state law and local ordinance, Employer expressly agrees as part of this agreement and as a condition of Employee's employment that it shall defend, save harmless and indemnify Employee and his marital community against any tort, professional or personal liability claim or demand of any kind or nature and any and all other legal action, whether groundless or otherwise, arising directly or indirectly out of an alleged act or omission occurring in the performance of Employee's duties_ Employer will litigate, compromise or settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. Employer, or its insurance company, will provide legal representation for Employee, suitable to Employee, for any and all claims, proceedings or lawsuits, whether groundless or otherwise, directly or indirectly related to or arising out of Employee's affiliation with Employer. This indemnification and hold harmless shall continue after Employee's cessation of employment but only insofar as it relates back to claims, demands, suits, judgments and professional, personal and community liability arising either directly or indirectly out of his employment. 15. NO REDUCTION OF BENEFITS Employer shall not at any time during the term of the Employee's tenure in office reduce the salary, compensation, or other financial benefits of Employee, including office arrangements, except to the same degree of such a reduction across -the -board for all employees of the Employer. 16. TERMINATION AND SEVERANCE PAY A. In the event employee is terminated for just cause or for conviction of a felony crime, Employer shall have no obligation to pay the aggregate severance sum designated in Section 16 herein. In the event the Employee is terminated or requested by the Employer to resign for the convenience of the City or City 'tanager's Employment A e emeni between the Cit orspokane Valle arid David Mercier Page 7 of 10 Spokane Valley voters elect to disincorporate, then Employer shall provide severance compensation in the amount of twelve (12 ) months of aggregate salary, benefits, and deferred compensation, based upon the salary being earned at the date of termination, and the Employer shall extend and pay for Employee's health coverage benefits for one (1) year, Said severance compensation shall be paid in a lump sum, monthly or in quarterly installments, at the Employee's election. When the Employee voluntarily or involuntarily separates from service, the Employer shall be authorized to perform any deductions required by law, and Employer shall additionally compensate E"Trpleyee ( 1 0 ) p e r c e n t sick leave and for all of his earned vacation and other accrued benefits to date_ Any termination action taken by the Employer shall be subject to the notice period required by state taw (RCPT 35A.13.130 and RC 35A.13.140, or successor statutes ). Additionally, the Employer and Employee may, by mutual consent, arrange for a time certain effective date of such termination, subject to the aforementioned notice period required by state law. B. In the event Employer at any time reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across - the -board reduction for an employees of Employer, or in the event Employer refuses, following written notice, to comply with any other provisions benefiting Employee herein, or the Employee resigns following a suggestion, whether formal or informal, by a majority of the City Council that he resign, then in that event Employee may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to comply with the meaning and context of the herein pay provision, subject to the aforementioned notice period required by state law- 17, DISABILITY A_ If Employee is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of four. (4) successive weeks beyond any accrued sick leave, Employer shall have the option to terminate this Agreement. However, Employee will be compensated for any accrued sick leave, vacation, holidays and other accrued benefits. B. Employer does hereby agree that it will purchase an insurance policy which pays a minimum of sixty (60) per cent of Ci[y MvMwiiagcr's Ernploymera Agreeme,nr between the City of Spokane Valley and David Mercier Page 8 of /0 Employee's salary, with a maximum ninety (90) day elimination period, should Employee become disabled or otherwise unable to perform his duties because of sickness, accident, injury, mental incapacitation or health. C. Employee agrees to undergo a complete annual physical_ examination by a qualified .physician selected by Employee; Employer shall pav the cost of the examination if the expense of such examinations are not covered as a direct benefit under the Employer provided medical plan chosen by Employee. 18. RELOCATION A. Employee shall receive a lump sum of Twelve Thousand Dollars (12,000) upon reporting for work for all expenses related to relocating Employee, his family and physical property from Vancouver, WA to the Spokane Valley area. Responsibility for payment of any applicable taxes on this sum shall be the responsibility of the Employee. 19. RESIDENCY Employer specifically releases Employee from any obligation to live within the City limits of Spokane Valley. Employer and Employee agree that Employee may live anywhere within Spokane County. Employer acknowledges that Employee will be in an indefinite transition period until such time 25 his spouse joins him in residence in Spokane County. 20. OTHER TERMS AND CONDITIONS OF EMPLOYMENT A. Employer, in consultation with the Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, ,relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agreement, the municipal code or any other law. B. All provisions of the municipal code, and regulations and rules of the Employer reJ.ating to vacation and sick leave, retirement and pension system contributions, holiday, and other benefits and working conditions as they now exist or hereafter may he amended, also shall apply to Employee as they would to other employees of Employer, in addition to said benefits City Manager's Employment Agreement between the City of Spokane Valley and David Mercier Page 9 of 10 enumerated specifically for the benefit of Employee except as herein provided. 21. GENERAL PROVISIONS This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee, as per Federal and State law. If any provision or portion thereof contained in this Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of this Agreement or portion thereof shall be deemed severable, shall not be affected, and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have hereunder affixed their signatures as of the date and year first above written. ATTEST: name and title ATTEST: Date: , 2003 name and title David R. Mercier Michael DeVleming, Mayor (at the direction of the Spokane valley City Council) City Manager's Employment Agreement between the City of Spokane Valley and David Mercier Page I0 of I0 DATE ACTION IS REQUESTED: April 22, 2003 TITLE: Plan Review Services TYPE OF ACTION: Ordinance t=1 :: Agreement No. CO3 -31. Resolution City Manager X Motion Y Head Other APPROVED FOR ATTACHMENTS: COUNCIL PACKET: Attorney Approve As To Form SUBMITTED BY: interim City Engineer CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 20113 -1.15 STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: approve proposed engineering services agreement with Welch Comer & Associates, Inc.. DISCUSSION': proposed agreement will enable City to meet developer and permit applicant schedules for proposed development project plan reviews, approvals and inspections. It will also be a source of specialized support for city engineering on an as- needed basis. ALTERNATIVES: delay developer reviews until necessary City staff are hired. FISCAL IMPACT: SOURCE OF FUNDS: Street fund, Consulting Services, for City tasks; no budget impact for developer reviews, which arc applicant - funded. AMOUNT BUDGETED: $60.000 AMOUNT NEEDED FOR PROJECT: S20,000 estimate only; assignments will be approved task - by -task, as needed. Sue Larson From: Gillespie, Heidi [hgillespie @tiwelchcomer.comj Sent: Friday, March 28, 2003 4:13 PM To: Sue Larson Subject: Attn: Dick Thiel AGREEMENT ?ROFESSIONAL E Dick, Attached is the edited Agreement for Professional Services. Please contact me or Larry with any questions. Thank you, Heidi Gillespie Welch Comer Engineers 509- 255 -6000 509 - 255 -6009 Fax «AGREEMENT FOR PROFESSIONAL SERVICES.doc» GL � y0 u cri f' a)(‘(( ovAt_c/frit_ / 1, AGREFMI';NT FOR PROFESSIONAI. SERVICES WELCH COMER & ASSOCIATES THI-S AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Welch Corner & .Associates, Inc., hereinafter "Consultant", 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 Consultant will provide all labor, services and material to satisfactorily complete the attached Scope of Services, identified as Exhibit A, plus such other work as requested. /,e R e a..,c a A. Administration. shall administer and he the primary contact for Consultant. Prior to commencement of work, Consultant shall receive either a oral request or a written "Professional Services Authorization" for the requested work. Upon receipt of the request, Consultant shall commence work, perform the requested tasks and promptly cure any failure in performance -alder this agreement. The City shall provide Consultant with available information concerning the City request including all drawings and related doctuncnts. A.t any time, the City may order the Consultant to stop the work. 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 t:he work and is familiar with all current laws, rules and regulations which reasonably relate to the Scope of Work:. No substitutions of personnel shall be made without the written consent of the City. The standard of care for all professional engineering and related services performed or furnished under this Agreement will be the care and skill ordinarily used by members of Consultant's profession practicing under similar circumstances at the same time and m the same locality. C:\Documents and Seninga'slarsonkLecal SeninesVTemporary lateIrrt FikesSOLKSRAGREENIr.NT FOR PROFESSIONAL, SERVICES,dos Page 1 Spokane Valley Contract No. CO3 -31 Approved: 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. The City shall be responsible for, and Consultant may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by City pursuant to this Agreement. Consultant may use such requirements, reports, data and information in performing or furnishing services under this Agreement. The City shall make decisions and carry out its other responsibilities in a timely manner and shall bear all costs incident thereto so as not to delay the services of Consultant. 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 orally or in writing by the Mayor or his designee. 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 Contract shall be in .full force and effect upon execution of this agreement and shall remain in effect until terminated by a party. Either party may terminate this Agreement by thir (30) days written notice to the other party. Tn. the event of such termination, the City shall pay the Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. The City agrees to pay the Consultant in accordance with Appendix 1 to Exhibit C as full compensation for everything done under this agreement. The City shall reimburse the Consultant for photocopying, postage, and 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 S.31 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/Treasurer 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 Mayor 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 CI'T'Y: Name: Ruth Muller, City Clerk Phone Number: (509) 921 -1000 Address: 11707 E . Sprague, Ste. 106 Spokane Valley, WA 99206 TO TITE_ Consultant: Name Larry Comer, P.E. Phone Number: (509) 255 -6000 Address: 2310 North Molter Road, Ste. 101 Liberty .Lake WA 99019 6. Applicable Laws and Standards. The parties, in the performance of this agreement, agree to comply with all applicable Federal, State, 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, 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 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. C:lDocurnents and SeninsAslarsoiid.wcal Settings\Ternporary Internet FilesIOLKS6lAGRE£N ENT FOR PROFESSIONAL SaRYPCES.doc .Page 2 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. 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 how 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 natters covered by this contract for a period of three years from the date final payment is made hereunder. 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 $500,000.00; 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 snider 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 $500,000.00 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 this 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 coverages) 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 tine 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. C:\Docwnenls and Seain&s1slarsoaU-ocar SeninsalTemporary Internet FileslQLK861AGREEM.ENT FOR PROFESSIONAL SERViCES.doc Page 3 11. 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 or judgments for injuries, death or damage to any person or property arising or resulting from any negligent.or intentional act or omission on the part of said party of its agents, employees or volunteers in the perfomi..ance 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 instiuice shall be held to be waiver of any other subsequent breach. or nonperformance. All remedies afforded in this a regiment o.r by law, shall be takers 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 tirne 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 agreement or the benefits received hereunder without first obtaining the written consent of the other parry. 1.4. Subcontracts. Except as otherwise provided herein, the Consultant shall not enter into subcontracts for any of the Nvork contemplated under this agreement without obtaining written approval of the City. 15. Confidentiality. Consultant may from time to tirne. receive information which is deemed by the City to he confidential. Consultant shall not disclose such information without the express consent of the 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 he in Spokane County, State of Washington. Owner and Consultant agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in questions between thorn arising out of or relating to this .Agreement or the breach thereof ( "Disputes ") to non - binding mediation unless the parties mutually agree otherwise. 17. Entire Agreement. This written agreement constitutes the entire and complete agreement between the parties and supercedes any prior oral or written agreements. This Agreement niay not be changed, modified or altered except in writing signed by the parties hereto. 18. 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 m 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. C :1Dacumeats and Settingststa son1Lo ,I Seniiigs1Tempomry interact FileslOLK861ACREEMEhT FOR PROFESSIONAL SERRVICES.hut Page 4 Thlr WITNESS WHEREOF, the parties have executed this Agreement this day of 2003. CITY OF S,P "ANE VA LEY WELCH COMER & ASSOCTATES, INC. Le - ialton — City Manager Larry E. Corner, P.E. — President ATTEST: APPROVED AS TO FORM: Ruth Muller — City Clerk Stanley M. Schwartz — City Attorney CADocuasents and Scnings‘slarzon‘LocaI Settings\Temporary !mama FitesSOLKSMAGREEMENT FOR PROFESSIONAL SERVICCIS.doc Page 5 ENG:TNEER's Services Exhibit A ENG- INEER's Services 'Phis is EXHIBIT A, consisting of I page, referred to in and part of the Agreement between OWNER and ENGII\TEER for Professional Services dated Article 1, of the Agreement is amended and supplemented to include the following agreement of the parties. ENGINEER. shall provide Basic and Additional Services as set forth below. PART 1— IBASIC SERVICES A1.01 Consulting City Engiruer Services ENGINEER shall perform consu.l.tin.g engineering services relative to the performance of duties of Consulting City Engineer, as directed by the OWNER including but not limited to the tasks outlined. below: A. Construction Plan Review. 1. Review subdivision and site improvement plans and specifications for compliance with City adopted standards. 2. Review applications for roadway approaches, utility construction permits and traffic impacts. 3. Assist City to determine that bonds, insurance certificates and record drawings are submitted and filed for construction within City rights -of -way. . B. Subdivision Review. 1.. Review preliminary plats for compliance with subdivision ordinance, utility needs, transportation impacts, make recommendations to Planning Director and City Council. 2. Review final plats for survey completeness and compliance with Washington codes; provide written recommendations for approval. 3. Sign-ofT plat myl.ars as City Engineer when required. 4. Review performance bonding and warranty requirements. C. Construction QualityReuiew. Provide assistance to the City Staff as requested and directed by OWNER, including the following tasks: 1. Planning and Construction meetings. 2. Construction observation. 3. Review of testing and quality assurance document.;. D. 119iscellaneou.s Technical Assistance Performed? at the Direction of the City. 1. Maintain and update CA)) and GIS maps of the City of Spokane; Valley. 2. Review annexation requests and legal descriptions. 3. Technical assistance to Aclininistration, Building and Planning Department. 4. Assistance in seeking funding for public works projects. 5. Represent OWNER at technical meetings. 6. Attend City Council and Planning meetings as directed by OWNER. '7. Assist in master planning. 8. Comprehensive and growth management plan assistance. 9. Other professional services as directed by the OWNER. E. Special Projects. I. ENGINEER shall provide professional engineering study /report, design, bidding, a.nd. construction phase services for phased public works projects at the direction of the OWNER. Authorization for phased projects shall be in the form of an addendum to this Agreement. Addenda shall describe project scope, ENGINEER'S services, OWNER's responsibilities, and payments to ENGINEER for services rendered. Page I. of 1 (Exhibit A - ENGFNEER's Services) Principal Engineer 11 Principal Engineer I Senior Project Manager Project Manager Senior Engineer Engineer, PhD Engineer 111 Engineer 11 Engineer 1 Sr. Engineering Tech II Sr. Engineering Tech 1 Engineering Technician Professional Land Surveyor I] CPS Tech Crew Chief Crew Member Sr. Survey Technician Survey Technician CAD Technician 1.11 CAD Technician 11 CAD Technician 1 Sr. Project Administrator Project Administrator Sr. Administrative Assistant Administrative Assistant APPENDIX 1 to Exhibit C This is Appendix 1 to EXHIBIT C, consisting of 1 pages, referred to in and part of the Agreement between OWNER and ENGINEER for Professional Services dated Sta.n.dard Hourly Rates and Reimbursable Expenses Schedule Current agreements for engineering services stipulate that the Standard Hourly Rates and Reimbursable Expenses are subject to review and adjustment. Billing rates for services performed on the date of the Agreement are: $105.00 $100.00 $ 95.00 S 85.00 590.00 $1 15.00 $ 75.00 570.00 $ 65.00 $ 80.00 $ 65.00 S 55.00 $ 95.00 $ 65.00 $ 65.00 $ 45.00 $ 65.00 $ 50.00 $ 65.00 $ 60.00 S 50.00 $ 55.00 $ 45.00 $ 50.00 $ 40.00 Per hour Reimbursable costs shall include the following: special report printing, blueprints, sub - consultant services, and special. equipment rental. Page 1 of 1 Appendix 2 to Exhibit C - Standard Hourly Rates Schedule CITY OF SPOKANE VALLEY .REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -112 DATE ACTION IS REQUESTED: April 22, 2003 Ordinance Resolution ATTACHMENTS: City Manager Agreement CO3 -112 X Motion \, Dept. Head Other APPROVED FOR COUNCIL PACKET: Attorney Approve As To Form TITLE: Engineering Services, TYPE OF ACTION: Capital Projects — Spokane County SUBMITTED BY: Public Works Director STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: approve proposed Interlocal Agreement with Spokane County for the provision of engineering services for street, traffic and storm drainage capital improvement projects and other related services. DISCUSSION: this agreement authorized the City to request, and the County to provide at agreed upon costs, the full range of support to the planned capital improvement projects to be constructed in the City during 2003. ALTERNATIVES: immediately hire large number of qualified staff to perform all these services or hire a consulting firm to manage programs with the County, both of which would be considerably more expensive and would likely result in the delay of much of this year's program to 2004. FISCAL IMPACT: SOURCE OF FUNDS: Street Fund, Spokane County — Engineering Services AMOUNT BUDGETED: $400,000 AMOUNT NEEDED FOR PROJECT: $397,360 (est.) Return to: Daniela Erickson Clerk of the Board 1116 West Broadway Spokane, WW'ashington 99260 INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND ern OF SPOKANE VALLEY REGARDING PROVISION OF ENGINEERING SERVICES FOR STREET, 'TRAFFIC AND STORM DRAINAGE CAPITAL IMPROVEMENT PROTECT AND OTHER RELATED SERVICES (April 1, 2003 — December 31, 2004) THIS AGREEMENT, made and entered into by and between Spokane County, a political subdivision of the State of Washington, having offices for the transaction of business at 1116 \Vest Broadway Avenue, Spokane, Washington, 99260, hereinafter referred to as "COUNTY," and City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at the Redwood Plaza, 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington, 99206, hereinafter referred to as "CITY," jointly hereinafter referred to as the "PARTIES." Page 1 of 9 WITNESSETH: DRAFT WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners of Spokane County ( "BOARD ") has the care of county property and management of funds and business; and WHEREAS, pursuant to chapter 35.02 RC`V, the City of Spokane Valley established midnight, March 31, 2003, as its official date of incorporation and upon that date will commence operations as a city; and WHEREAS, pursuant to chapter 35.02 RCW, as of the official date of incorporation, local governmental authority and . jurisdiction with respect to the newly incorporated area transfers from Spokane County to City of Spokane Valley; and WHEREAS, chapter 39.34 RCW (Interlocal Cooperation Act), authorizes counties and cities to contract with each other to perform certain functions which each may legally perform; and WHEREAS, the City of Spokane Valley desires to provide engineering services for quality street, traffic, and storm drainage improvements for its residents and to contract with Spokane County, through the County Engineer, for these services. NOW, THEREFORE, for and in consideration of the mutual promises set forth hereinafter, the PARTIES do mutually agree as follows: SECTION NO. 1: PURPOSE: The purpose of this Agreement is to set forth the provisions under which COUNTY, through the County Engineer, will provide engineering services ( "Services ") to CITY. Services include (1) Engineering Services and (2) Capital Project Construction Services. Services are further outlined in Section No. 4 hereinafter. it is the intent of the PARTIES that Services to be provided by COUNTY will be consistent with CITY'S Council/Manager form of government provided for in chapter 35A.13 RCW SECTION NO. 2: DURATION This Agreement shall commence at 12:01 A.M.. on April 1, 2003, and run through 12:00 P.M. December 31, 2004, unless one or all of the PARTIES provide notice of termination as further described in Sections No. 5 and 10 of this Agreement. At the conclusion of the initial term, this Agreement: shall automatically be renewed with each year's services and costs appended to the agreement by exhibit from year to year thereafter effective January 1. to December 31, unless either Party gives 90 days written notice of termination to the other Party. SECTION NO. 3: COST OF SERVICES Atli) PAYMENTS Page 2 of 9 DRAFT In consideration for COUNTY providing Services as set forth herein CiTY shall pay COUNTY all actual costs associated therewith including but not limited to salary, benefits, supplies, materials, equipment, and administrative overhead costs. Labor and equipment rates are shown in Exhibit "3," attached hereto and incorporated herein by reference. Labor rates can be affected by overtime, extra holiday pay, shift differential, labor contracts, and on -call rates. Accordingly, these rates may change during the term of this Agreement. COUNTY will notify CITY in writing of any changes to or modifications to Exhibit "3." Any changes of rates will become effective immediately. COUNTY agrees to meet with CITY upon request to substantiate any increases in labor or equipment rates. Estimated costs for Engineering Services and Capital Project Construction Services for the nine (9) months of 2003 are shown in Exhibit "la" and "lb" respectively. Estimated costs for Engineering Services and Capital Project Construction Services for calendar year 2004 are shown in Exhibit "2a" and "2b" respectively. Engineering Services includes certain items denominated as "DISCRETiONAR.Y." These Engineering Services will only be performed upon receipt of written request from the CITY directed to the COUNTY Engineer. CITY will be billed for all actual costs for Engineering Services and Capital Project Construction Services in each year when work is completed for each respective service or element thereof. Additional extraordinary or unforeseen costs, including but not limited to, advertising costs, mailing, legal fees/bond counsel, special benefit analysis for Local Improvement Districts, maintenance costs associated with CITY -owned property, tenant removal, closing costs, survey costs and property analysis including appraisal, title research/policy, and hazardous waste investigations, may affect budget totals. CITY shall be responsible for these costs. DRAFT CITY shall be responsible for all extraordinary costs resulting from CITY'S decision to modify Services. COUNTY will bill CITY for the cost of Engineer Services and Capital Project Construction Services as set forth in the Exhibits, monthly, during the first week of the month for services provided during the preceding month: Billings will be based on actual Labor and Equipment Rates as they apply to the Engineer Services or Capital Project Construction Services performed. Payments by CiTY will be due by the 5th of the following month. At the sole option of COUNTY a penalty may be assessed on any late payment by CITY based on lost interest earnings had the payment been timely paid and invested in the Spokane County Treasurer's investment Pool. SECTION NO. 4: SERVICES PROVIDED (A) Engineering Services. COUNTY will provide Engineering Services, to include Discretionary services, as identified in Exhibits "1 a" for the remainder of calendar year 2003 and Exhibit "2a" for calendar year 2004 within CITY boundaries at the same level, degree and type as is customarily provided by COUNTY in unincorporated Spokane County. The. PARTIES agree that Discretionary Services will only be performed upon written request from CITY directed to the COUNTY Engineer. Any change in the level, degree and type of services normally provided to the unincorporated areas by the County will be approved by the City before they are applied to any City service stated in this contract. (13) Capital Projects. COUNTY will provide Capital Projects as identified in Exhibit "lb" for the remainder of calendar year 2003 and Exhibit "2b" for calendar year 2004 within CITY boundaries at the same level, degree and type as is customarily provided by COUNTY in unincorporated Spokane County. COUNTY shall provide all engineering, project management and other services required to plan, design, and supervise the construction of the projects set forth in such Exhibits "lb" and "2b" including but not necessarily limited to: Page3of9 1. Preliminary studies and design 2. Project plan review 3. Funding applications 4. Grant application and administration 5. Final design and bid documents DRAFT 6. Surveying and aerial contracts 7. Soil investigations 8. Wetland delineation 9. Environmental permitting and reports 10. Design and plan preparation 11. Utility relocation 12. Plan for and attend public meetings throughout the process for each project together with all needed notices, handouts, and meeting support. City personnel shall attend all such meetings 13. Right -of -way preliminary work, appraisal, appraisal review, acquisition, relocation, condemnation and preparing right -of -way legal documents 14. Project bidding and award 15. Provide construction administration 16. Construction staking 17. Provide construction inspection 18. Materials testing 19. Prepare project completion file to include as -built drawings 20. Coordinate with the City on each step in the project process COUNTY will perform the services indicated above for the 2004 projects listed in Exhibit "2b "only when any individual project identified in Exhibit "2b" is approved in writing by CITY for design and construction. COUNTY will require CITY determination on Discretionary items set forth in Engineering Services Exhibits "l a" and "2b on or before April 30, 2003 for calendar year 2003 and on or before March 31, 2004 for 2004 to assist with COUNTY staffing needs. After COUNTY'S adoption of budget and plan, within the constraints of the program described, CITY may request adjustments to individual budgeted tasks or additional discretionary items in order to meet specific needs. COUNTY shall consider all such requests and will provide additional service as the COUNTY can reasonably perform without disrupting COUNTY business. COUNTY is a contractor of services only and does not purport to represent CITY professionally other than in providing the services requested by CiTY. (C) County and City Coordination. COUNTY will identify specific liaisons for Services to handle day -to -day operational activities related Services. CITY will identify a liaison for the same purposes. The liaisons will meet regularly to review the performance of this Agreement. (D) City Responsibilities. In conjunction with COUNTY providing the Services described in Subsections A and B of this SECTION, CITY does: 1. Confer on COUNTY all authority necessary to perform the. Services within CITY limits. 2. Grant COUNTY the authority to act as its agent to contact public agencies, private Page 4 of 9 companies, and residents, and make routine decisions regarding the project and non - project engineering tasks. 3. Agree that when COUNTY provides Services for CITY, COUNTY Engineer may exercise all the powers and perform all the duties vested by law or by resolution in the City Engineer or other officer or department charged with street administration. 4. Agree to adopt by reference all COUNTY ordinances, resolutions and codes necessary to provide authority for COUNTY to perform the Services.. (E) Miscellaneous. COUNTY Engineer or his/her designee agrees to attend staff meetings as requested by the CITY Manager. County Engineer or his/her designee further agrees to meet upon request by the CITY Manager or his/her designee to discuss any Service provided under the terms of this Agreement. CITY agrees COUNTY will use the COUNTY Engineer's stationery in conjunction with providing Services under the terms of this Agreement. SECTION NO. 5: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or (2) the third day following the day on which the same have been nailed by first class delivery postage prepaid addressed to PARTIES at the address set forth below, or at such other address as the PARTIES shall from time- to -tine designate by notice in writing to the other PARTIES: COUNTY: Page 5 of 9 DRAFT Spokane County Chief Executive Officer or his/her authorized representative 1 116 West Broadway Avenue Spokane, Washington 99260 Spokane County Engineer 1026 West Broadway Avenue Spokane, Washington 99260 -0170 CiTY: City of Spokane Valley City Manager or his /her authorized representative Redwood Plaza 11707 Last Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 SECTION NO. 6: 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 NO. 7: SUBCONTRACT COUNTY may subcontract any of its responsibilities set forth herein provided COUNTY retains the appropriate supervision and inspection of the contractor's work. SECTION NO. 8: LIABILITY DRAFT (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, Iiability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or 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 RCW, respecting the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of clairns 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 COUNTY Engineer professional liability and auto liability coverages. SECTION NO. 9: RELATIONSHIP OF THE PARTIES The PARTIES intend that an independent contractor relationship will be created by this Agreement. No agent, employee, servant, or representative of COUNTY shall be deemed to be an employee, Paige 6 of 9 agent, servant, or representative of CITY for any purpose. Likewise, no agent, employee, servant, or representative of CITY shall be deemed to be an employee, agent, servant, or representative of COUNTY for any purpose. Control of personnel standards of performance, discipline and all other aspects of performance, including that of the stag, shall be covered entirely by COUNTY. CO Wi TY shall furnish all personnel and such resources and materials deemed by COUNTY as necessary to provide the Services herein described and subsequently authorized by CITY. SECTION NO. 10: lMODIFICATION, TERMINATION This Agreement may be modified in writing by mutual agreement of the PARTi_ES. CiTY, at its option, may reduce or increase services up to 10% of the dollar level of the contract with 60 days written notice to COUNTY. Any Party may terminate this Agreement for any reason whatsoever upon a minimum of 90 days written notice to the other Party. Any Party may terminate this Agreement upon a breach by the another Party, provided the Party seeking to terminate the Agreement shall provide at least 30 days written notice and an opportunity to cure to the breaching Party. Upon termination, CiTY shall be obligated to pay for only those services rendered prior to the date of termination. SECTION NO. 11: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized by COUNTY in providing Services under the terns of this Agreement shall remain with COUNTY unless specifically and mutually agreed by the PARTIES. SECTION NO. 12: GENERAL TERMS Both PARTIES agrees to aid and assist the other Party in accomplishing the objectives of this Agreement. DRAFT This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change or addition is in writing, executed by the PARTIES. This Agreement shall be binding upon the PARTIES hereto, their successors, and assigns. SECTION NO. 13: VENUE STIPULATION This Agreement has been and shall be construed as having been made and delivered within the State Page 7 of 9 SECTION NO. 14: SEVERABILITY SECTION NO. 15: HEADINGS SECTION NO. 16: CONTRACT ADMINISTRATION DRAFT of Washi neton 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 enfforcenient of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. It is understood and agreed among the PARTIES that if any parts, terms, or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard to the remainder of the Agreement. If it should appear that any part, term or provision of this Agreement is in conflict with any statutory provision of the State of - Washington, then the part, 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. 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. The PARl1ES shall each appoint representatives to review contract performance and resolve problems, which cannot be dealt with by COUNTY and CITY liaisons. The PAR.TIES shall notify the other in writing of its designated representatives. COUNTY and CITY liaisons will meet periodically, with either Party authorized to call additional meetings with ten days written notice to the other. Any problem, which cannot be resolved by the PARTIES designated representatives, shall be refened to City Manager and the Spokane County Engineer for settlement. SECTION NO. 1.7: AUDITS AND INSPECTIONS The records and documents, with respect to all matters covered by this Agreement, shall be subject to inspection, review, or audit by COUNTY or C1TY during the term of this contract and three (3) years after termination. SECTION NO. 18: RECORDS All records prepared or produced by COUNTY in conjunction providing services to CITY under the terms of this Agreement shall be the property of COUNTY. Such records shall be made available to CITY upon request by the CITY Manager subject to privileges set forth in statue, court rule or c.asc law. COUNTY will notify CITY of any public disclosure request under chapter 42.17 RCW for Page 8 of 9 copies or viewing of such records as well as COUNTY'S response thereto. Upon termination of this Agreement, COUNTY agrees to make copies of all such records that may be requested by CITY. SECTION NO. 19: ASSURANCE COUNTY represents and assures CITY that no other city or town will receive more favored treatment in receipt of Services than that made available to CITY for similar services. SECTION NO. 14: ALL WRITINCS CONTAINED HEREIN/BINDING EFFECT This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that there. are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change or addition is in writine., executed by the PARTIES. This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE, COUNTY, WASHINGTON AT'T'EST: VICKY M. DAL'I'ON CLERK OF THE BOARD BY: Daniela Erickson, Deputy PHILLIP D. HARRIS DA'Z'ED: CITY OF SPOKANE VALLEY: Attest: By: Its: City Clerk (Title) Approved as to form only: Page 9of9 JOFIN ROSKELLEY, Chair M. KATE MCCASLIN, Vice -Chair DRAFT Acting City Attorney Page 10 of 9 DRAFT ACTIVITY SPO VAL CONTRACT 12.3% MGT. OVERHEAD 5% ADMIN. OVERHEAD - TOTAL COMMENTS Office Administrative Tasks $10,000 S1,230 $500 511,730 Vacation of Public Right of Way $5,300 $652 $265 $6,217 DISCRETIONARY Establishment of Public Right of Way $9,800 $1,205 $490 $11,495 DISCRETIONARY Dust Oiling Permits and Certification $1,500 $185 $75 $1,760 DISCRETIONARY Event Road Closure $1,500 $185 $75 $1,760 DISCRETIONARY Franchise Administration $9,000 $1,107 $450 $10,557 DISCRETIONARY Staff Time on Sale or Lease of City General Property $4,500 $554 $225 $5,279 DISCRETIONARY Oversize Load Permits $1,250 $154 S63 $1,466 DISCRETIONARY Maintenance of Official Records $20,000 $2,460 $1,000 $23,460 Map and Record Imaging $20,000 $2,460 $1,000 $23,460 539,882 Office Administrative Tasks Total Development Plan Review Total $85,453 $39,882 Traffic Analysis Collect Automated Vehicle Counts $10,000 S1,230 $500 511,730 Maintain Database for Vehicle Counts 56,000 5738 $300 57,038 Collect Turning Move Counts Designated Intersections 55,000 5615 5250 55,865 Code Traffic Collison Locations and Maintain Database 59,000 S1,107 $450 S10,557 Analyze Collisions for Safety Problems S5,000 S615 5250 $5,865 DISCRETIONARY Pvlaintain Inventory Phys. Attributes, Aux. Facil, Safety Elements $21,000 52,583 $1 ,050 524,633 DISCRETIONARY Traffic Control Plan Review for Permit and Construction Activity 53,000 5369 $150 $3,519 DISCRETIONARY Record and Analyze Video Records of Traffic Patterns 54,000 S492 $200 $4,692 DISCRETIONARY Traffic Analysis Total Development Plan Review $73,899 Bridge Department Services Bridge Inspection and Record Keeping $7,500 $923 $375 $8,798 Bridge Maintenance Engineering Support $7,000 $861 5350 58,211 Bridge Load Rating $7,000 $861 $350 58,211 Bridge Utility Contact and Coordination $1,000 $123 550 S1,173 Bridge Overload Permitting $1,000 $123 550 $1,173 DISCRETIONARY Bridge Public Inquiry Response S500 562 525 5587 DISCRETIONARY Bridge Prosecuting Attorney Support S2,500 $308 5125 52,933 DISCRETIONARY Bridge Department Services Total _ $31,085 Development Plan Review Development Plan Review $34,000 54,182 $1,700 539,882 DISCRETIONARY Development Plan Review Total $39,882 Exhibit la Engineering Services for the City of Spokane Valley 2003 Page 1 of 2 ACTIVITY SPO VAL CONTRACT 12.3% MGT. OVERHEAD 5% ADMIN. OVERHEAD TOTAL COMMENTS Planning and Grant Activities, Traffic Study Review Bridge Department Services $1 $600 514,076 $31,085 6 Year Plan Preparation and Update $9,000 $1,107 $450 $10,557 S39,882 Grant Application Preparation S27,000 S3,321 $1,350 S31,671 573,899 Model Future Traffic Projection $6,200 S763 $310 $7,273 DISCRETIONARY Maintain 15 -year Street Improvement Plan $2,500 $308 $125 $2,933 DISCRETIONARY Manage Environmental Consultant Contracts $6,500 $800 $325 $7,625 DISCRETIONARY SRTC Coordination Federal Grants and Models $3,000 $369 S150 $3,519 DISCRETIONARY Develop Priority Arrays for Arterials S3,500 $431 S175 S4,106 DISCRETIONARY Propose Reconstruction Projects for Grant Application S1,000 $123 $50 $1,173 DISCRETIONARY Existing and Proposed Arterial Capacity Studies S1,200 $148 $60 $1,408 DISCRETIONARY Propose New Arterial Alignments $3,600 S443 $180 $4,223 DISCRETIONARY Environmental Determinations on Proposed Projects $300 $37 S15 $352 DISCRETIONARY Review Developer Traffic Studies $2,500 $308 $125 $2,933 DISCRETIONARY Traffic Mitigation Recommedations and Hearings $500 $62 $25 $587 DISCRETIONARY Plat or Zone Change Recommendations and Hearings $200 $25 $10 $235 DISCRETIONARY Planning and Grant Activities, Traffic Study Review Total $78,591 Summary of Engineering Services Tasks for 2003 Office Administrative Tasks $85,453 Visual Rating Pavement Bridge Department Services $1 $600 514,076 $31,085 Network Level Non-destructive Field Testing Development Plan Review S615 $250 $5,865 S39,882 Design Level Non- destructive Field Testing Traffic Analysis $554 $225 $5,279 573,899 GIS Maps Planning and Grant Activities, Traffic Study Review S677 S275 $6,452 $78,591 Database Management Pavement Management $1,353 S550 $12,903 $44,574 Pavement Management Total Environmental $44,574 $43,877 Engineering Services Total for 2003 $397,360 Pavement Management Visual Rating Pavement $12,000 $1 $600 514,076 DISCRETIONARY Network Level Non-destructive Field Testing $5,000 S615 $250 $5,865 Design Level Non- destructive Field Testing $4,500 $554 $225 $5,279 GIS Maps $5,500 S677 S275 $6,452 Database Management $11,000 $1,353 S550 $12,903 Pavement Management Total $44,574 Environmental Environmental Review, Floodplain Permitting $18,000 $2,214 $900 $21,114 DISCRETIONARY Contract Landcape and Stormwater Swale Maintenance $20,000 $2,460 $303 $22,763 Environmental Total 543,877 Exhibit la Engineering Services for the City of Spokane Valley 2003 Page 2 of 2 Project Location City Share* Total* Scheduled Completion 16 Avenue, Project 1 Evergreen to Sullivan $565,000 $1,950,000 1111/2003* 16 Avenue, Project 2 * ** Dishman -Mica to SR 27 $59,500 $440,710 10/1/2004 Evergreen Road 16 to 2 $378,400 $1,892,000 11/1/2003 " Mission Avenue Evergreen to Sullivan $391,000 $1,954,000 11/1/2003*" 4 Avenue Signal at Sullivan $16,000 $165,000 11/1/2003" Valley Couplet Complete EA $15,000 $111,100 7/1/2003 Totals: $1,424,900 $6,512,810 Exhibit 1 b Capital Project Construction 2003 * Figures are estimates only and may vary according to actual construction and right -of -way costs *" Completion date dependent upon a start date of May 1, 2003 **"PE and partial right -of -way costs on project scheduled for 2004 construction Page 1 of 1 ACTIVITY 'CONTRACT, OVE/RHE MGT. D'OVE 15% ADMIN. HEAD' TOTAL I COMMENTS Office Administrative Tasks Vacation of Public Right of Way $5,406 5665 S270 S6,341 DISCRETIONARY Establishment of Public Right of Way $9,996 51,230 5500 $11,725 DISCRETIONARY Dust Oiling Permits and Certification $1,530 S188 $77 51,795 DISCRETIONARY Event Road Closure $1,530 5188 $77 S1,795 DISCRETIONARY Franchise Administration $9,180 51,129 5459 $10,768 DISCRETIONARY Staff Time on Sale or Lease of City General Property $4,590 5565 5230 55,384 DISCRETIONARY Oversize Load Permits $1,275 5157 $64 51,496 DISCRETIONARY Maintenance and Storage of Official Records $22,000 $2,706 $1,100 525,806 Map and Record Imaging 515,000 $1,845 S750 517,595 Office Administrative Tasks Total $82,705 Traffic Analysis Collect Automated Vehicle Counts 510,200 $1,255 $510 511,965 Maintain Database for Vehicle Counts 56,120 $753 $306 $7 Collect Turning Move Counts Designated Intersections 55,100 $627 $255 55,982 Code Traffic Collison Locations and Maintain Database S9,180 $1,129 $459 510,768 Analyze Collisions for Safety Problems 55,100 $6271 $255 55,982 DISCRETIONARY Maintain Inventory Phys, Attributes, Aux. Facil, Safety Elements 521,420 $2,635' $1,071 $25,126 DISCRETIONARY Traffic Control Plan Review for Permit and Construction Activity S3,060 $376 $153 53,589 DISCRETIONARY Record and Analyze Video Records of Traffic Patterns 54,080 $502 $204 54,786 DISCRETIONARY Traffic Analysis Total $75,377 Bridge Department Services Bridge Inspection and Record Keeping 57,650 $941 5383 $8,973 Bridge Maintenance Engineering Support 57,140 $878 5357 $8,375 Bridge Load Rating 57,140 $878 5357 $8,375 Bridge Utility Contact and Coordination 51,020 $125 $51 $1,196 Bridge Overload Permitting S1,020 $125 $51 $1,196 DISCRETIONARY Bridge Public Inquiry Response S510 563 $26 $598 DISCRETIONARY Bridge Prosecuting Attorney Support S2,550 $314 $128 $2,991 DISCRETIONARY Bridge Department Services Total 531,706 Exhibit 2a Engineering Services for City of Spokane Valley 2004 Development Plan Review Total Development Plan Review Development Plan Review Total $30,000 $3,690 $1,500 535,190 S35,190 DISCRETIONARY Page 1 of 2 ACTIVITY "CONTRACT' SPO VAL 112.3% MGT. OVERHEAD, 5% ADMIN. OVERHEAD TOTAL I COMMENTS 'Planning and Grant Activities, Traffic Study Review 6 Year Plan Preparation and Update $9,000 S1,107 $450 $10,557 Grant Application Preparation $15.000 $1,845 $750 $17,595 Model Future Traffic Projection $10,643 51,309 $532 512,484 DISCRETIONARY Maintain 15 -year Street Improvement Plan 52,551 $314 $128 $2,992 DISCRETIONARY Manage Environmental Consultant Contracts S6,630 $815 5332 $7,777 DISCRETIONARY SRTC Coordination Federal Grants and Models 54,907 $604 S245 $5,756 DISCRETIONARY Develop Priority Arrays for Arterials 53,570 $439 5179 $4,188 DISCRETIONARY Propose Reconstruction Projects for Grant Application 51,020 5125 $51 $1,196 DISCRETIONARY Existing and Proposed Arterial Capacity Studies $1,840 S226 $92 52,159 DISCRETIONARY Propose New Arterial Alignments $3,672 5452 $184 54,307 DISCRETIONARY Environmental Determinations on Proposed Projects $306 $38 515 S359 DISCRETIONARY Review Developer Traffic Studies $2,550 5314 $128 52,991 DISCRETIONARY Traffic Mitigation Recommedations and.Hearings $510 . $63 $26 $598 DISCRETIONARY Plat or Zone Change Recommendations and Hearings 5204 $25 510 $239 DISCRETIONARY Planning and Grant Activities, Traffic Study Review Total 573,199 Summary of Engineering Services Tasks for 2004 Office Administrative Tasks 512,240 $1,506 S612 582,705 DISCRETIONARY Bridge Department Services 55,100 5627 5255 $31,706 Development Plan Review $4,590 5565 S230 $35,190 Traffic Analysis $5,610 5690 5281 $75,377 Planning and Grant Activities, Traffic Study Review S11,220 51,380 5561 $73,199 Pavement Management $45,465 Environmental $55,680 Engineering Services Total for 2004 $399,322 Pavement Management Visual Rating Pavement 512,240 $1,506 S612 $14,358 DISCRETIONARY Network Level Non - destructive Field Testing 55,100 5627 5255 $5,982 Design Level Non - destructive Field Testing $4,590 5565 S230 $5,384 GIS Maps $5,610 5690 5281 56,581 Database Management S11,220 51,380 5561 $13,161 Pavement Management Total $45,465 Environmental Environmental Review, Floodplain Permitting 518,360 52,258 $918 521,536 DISCRETIONARY Contract Landcape and Stormwater Swale Maintenance $30,000 $3,690 5454 534,144 Environmental Total 555,680 Exhibit 2a Engineering Services for City of Spokane Valley 2004 Page 2 of 2 Project Location City Share* Project Total* Scheduled Completion ** 16 Avenue, Project 2 Dishman -Mica to SR 27 $271,300 $2,009,300 * ** 11/1/2004 Park Road 8` to Appleway $173,400 $867,000 11/1/2004 Pines Road At Mansfield $55,000 $3,134,000"*"' 11/1/2004 Totals: $499,700 $867,000 Exhibit 2b Capital Project Construction 2004 * Figures are estimates only and may vary according to actual construction and right -of -way costs Completion dates are dependent on right -of -way finalization which could affect start dates t* $1,568,590 of thes total is unfunded., should attempt to acquire funding * *$330,000 of this total is unfunded, should attempt to acquire federal funds "-*"` Developer contributions equal to $499,795 of this total has not yet been collected Page 1 of 1 EMPLOYEE RATES - GUILD MONTHLY RATE (a) HOURLY RATE SOT RATE (c) TITLE CLASS Staff Assistant 1 1017 53,969.96 524.43 519.18 Staff Assistant 2 1002 54,382.72 $26.97 521.17 GIS Analyst 1650 S6,191.69 $38.10 529.91 Traffic Program Analyst 2121 55,919.57 536.43 528.60 Engineering Info Systems Coord. 2123 56,541.32 540.25 $3t60 Computer Application Assistant 2125 55,224.83 532.15 $25.24 Stormwater Programs Researcher 2128 $6,541.32 540.25 531.60 Supervising Technician 2309 56,222.67 538.29 $30.06 Supervising Right -of -Way Agent 2320 $6,222.67 538.29 530.06 Asst. Const. Engineer /Survey 2330 $6,541.32 540.25 531.60 Engineer 1 2331 55,919.57 $36.43 $28.60 Engineer2 2333 56,541.32 540.25 531.60 Engineer 3 2335 57,411.09 545.61 S35.81 EMPLOYEE RATES - Local 17 MONTHLY RATE (a) HOURLY RATE 518.29 1.5 X RATE (b) $21.54 TITLE CLASS Office Technician 1 1007 53,170,98 Office Technician 2 1001 53,504.02 520.22 523.81 Admin. Specialist 1 1009 $3,504.02 520.22 $23.81 Admin. Specialist 2 1012 53,872.06 522.34 526.31 GIS Technician 1651 54,565.75 526.34 531.02 Map Technician 2300 54,070.33 523.48 527.65 Engineering Technician 1 2303 54,497.88 $25.95 530.56 Traffic Count Technician 2304 53,251.14 518.76 $22.09 Engineering Technician 2 2305 55,224.83 530.14 535.50 Engineering Technician 3 2307 $6,069.24 535.01 541.24 Right -of -Way Agent 1 2317 $5,224.83 530.14 $35.50 Right -of -Way Agent 2 2319 56,069.24 535.01 $41.24 EQUIPMENT CHARGES HOURLY RATE TYPE CLASS Sedan Midsize CARMMD 3.25 Sedan Midsize Med. Use CARMM 4.25 Utility 4X4 UTIL M 7.00 Pickup Compact PUCOM 4.50 Pickup 1/2 Ton PU1 /2 6.00 Pickup 4x4 Light Use PU 4X4 7.00 Pickup Compact Heavy Use PUCOL 3.75 Truck Class 3 TCL3A 12.00 Van, Mini VANMC 4.00 Computers (design only) COMPU 2.33 Computer Plotter CPMPP 1.50 Nuclear Densorneter NUCLE 2.00 Global Positioning GPS 32.00 EMPLOYEE RATES - ADMINISTRATION MONTHLY RATE (a) HOURLY RATE SOT RATE (c) TITLE CLASS Staff Assistant 3 1004 $4,847.76 529.83 $23.42 Engineering Office Admin. 2329 57,411.09 $45.61 535.81 Engineer 4 2337 58,608.86 $52.98 $41.59 County Engineer 2341 510,253.10 $63.10 549.54 Exhibit 3 Spokane County Engineering Services Labor and Equipment Rates 2003 (a) The "Monthly Rate" is the loaded labor rate per month for the class of employee at an advanced step placement, including benefits and L&I expenses (b) The 1.5 X rate is the overtime labor charge per hour worked over standard working hours. (c) Guild and Administration are paid Straight Overtime (SOT), and not the 1.5 rate of the Local 17 workers. Note 1: All rates are based on the most current labor contract (as of 1/31/2003) Note 2: Spokane County reserves the right to utilize any qualified worker for the City of Spokane Valley contracted work. Page 1 of 1 Ruth Muller From: Stan M Schwartz [sms notes.wkdtlaw,com] Sent: Friday, April 04, 2003 1 :01 PM To; Lee Walton; dwarrenspokane_org; Ruth Muller Subject;lErr it l „ q OiVi st t Y t and exhibits for City of Spokane Valley I have reviewed the attached and offer the following. 1, Section 3 requires the City of pay "actual costs of ,,, salary, benefits, etc., labor and equipment rates ", 1 assume "actual" salary, etc is reflected on Exhibit 3. If not, this should be explored_ I also assume all salary, Tabor, etc costs are included on Exhibits la, lib, 23, and 2b for the purchase of Engineering Services and Capital Project Construction Services. Since Exhibits la and 2a are only "estimates” the City should understand how these estimates were made, For some Engineering Services does the City really want to pay $23,460 for record maintenance? See Exhibit 12. Finally, I am curious how the County came up with the figures on Exhibits la and 2a. 2. Section 4 (D)2 allows the County to make "routine decisions" this should be clarified. Section 4( :)4 requires the City to adopt ordinances, etc_, we need to know what these are. The remainder of the agreement is fine. J..— Forwarded by Sian M SchwarL2ANKOT an 04, 12:28 I k1 -- "VrriYYialns, Tommie" <Ivo illlamsigspoka la! •=smseiikdklaw.coin> cc: "Emacia, Jamei" <JErnaclo @spakan county.org }, "Kelley, Ross" ‹RKelley spokareecotmky Subject: Engineering serviCaS a lreemenk and exhibits far City of Spokane V21Iey 441flrQ3 04:05 Phh dim Emacio asked me to and you a copy of the draft agreement for engineering services between the City of Spokane Valley and Spokane County Engineer's Office for your review. Ii you have problems opening any of the a <jreements, please Let one know, I can be reached at C77 -7262, or by e- mail. The text of the agreement is in the Word document The Exhibits are on the Excel spreadsheets, they include; * is Engineering Services 2003 ib Capital Project Construction! for 2003 28 Engineering Services 2004 2b Capital Project_ Construction .for 2004 3 Labor and Ecuipment rates 4/7/7003 Page 1 of 2 «Engineering services agreement valley city.doc» «Exhibit is - Valley City Eng Svcs Budget 2003.xls» «Exhibit lb -Cap Proj Const 2003.xis» «Exhibit 2a -Valley City Eng Svcs Budget 2004.xls» «Exhibit 2b -Cap Proj Const 2004.xls» «Exhibit 3 Engineering Services labor and equipment rates.xls» 4/7/2003 Page 2 of 2 Ruth Muller From: Dick Thiel Sent: Wednesday, April 02, 2003 12:43 PM To: Ruth Muller; Dick Warren Subject: RE: Co. ILA for Engr. Svcs. Dick: did you have a chance to discuss this agreement with Stan Schwartz last night? Supposedly, if Stan liked it and communicated that to Jim O'Macia (sp ?) at the County, the document would be ready for Council action as early as next Tuesday. I am afraid that the County will not do any substantive work for us until it is signed, and some project delay may occur. 4/2/2003 --Original Message From: Ruth Muller Sent: Wednesday, April 02, 2003 12:15 PM To: Dick Thiel Subject: RE: Co. ILA for Engr. Svcs. Original Message From: Dick Thiel Sent: Tuesday, April 01, 2003 2:18 PM To: Dick Warren Cc: Ruth Muller; Lee Walton Subject: Co. ILA for Engr. Svcs. Importance: High Page 1 of 1 Dick, I think that you have received the information you need by my telephone message, but again, the Council has only approved a Memorandum of Understanding for the engineering services. We have not yet had the interlocal for action, but as of this morning that- is - 4j7r0y _study_session.aiTd_April 22 1, .cf.9_2ctinnl� Sorry that I did not respond to this email yesterday; buDound out late in the day that my computer had not been properly connected so all my info was sitting on the server. Ruth Ruth found the earlier MOU on this subject, but it is not the agreement causing the County the heartburn. They are looking for an approx. 15 pp. `ILA between the County and City regarding the Provision of Engineering Services ..........for CIPs and Related Services" (approximate title). The County's concern is that this ILA authorizes them to continue doing work for us, and guarantees our paying our local share/match for this year's projects. They feel their auditor will have trouble with their spending money on our behalf without the authority. I do not remember seeing this come before Council; is it one of the agreements to be considered for a forthcoming meeting? Return to: Danicla Erickson Clerk of the Board 1116 West Broadway Spokane, Washington 99260 D RA rT 4/7/2003 1 INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY 2 AND CITY OF SPOKANE VALLEY 3 REGA.R.DING PROVISION OF 4 ENGINEERING SERVICES FOR STREET,'I`RA.FFIC AND STORM DRAINAGE 5 CAPITAL IMPROVEMENT PROJECT AND OTHER RELATED SERVICES 6 (April 1, 2003 — December 31, 2004) 7 8 THiS AGREEMENT, made and entered into by and between Spokane County, a political 9 subdivision of the State of Washington, having offices for the transaction of business at 1116 West 10 Broadway Avenue, Spokane, Washington, 99260, hereinafter referred to as "COUNTY," and City 11 of Spokane Valley, a municipal corporation of the State of Washington, having offices for the 12 transaction of business at the Redwood Plaza, 11707 East Sprague Avenue, Suite 106, Spokane 13 Valley Washington, 99206, hereinafter referred to as "CITY," jointly hereinafter referred to as the 14 "PARTIES." 15 16 WITNESSETH: 17 18 W H_EREA.S, pursuant to the provisions of RCW 36.32.120(6), the Board of County 19 Commissioners of Spokane County (`BOARD ") has the care of county property and nianagenient 20 of funds and business; and 21 22 WHEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley established 23 midnight, March 31, 2003, as its official date of incorporation and upon that date will commence 24 operations as a city; and 25 26 WHEREAS, pursuant to chapter 35.02 .RCW, as of the official date of incorporation, local 27 governmental authority and jurisdiction with respect. to the newly incorporated area transfers from 28 Spokane County to City of Spokane Valley; and 29 30 WHEREAS, chapter 39.34 RCW (Interlocal Cooperation Act), authorizes counties and 31 cities to contract with each other to perform certain functions which each may legally perform; and 32 33 WHEREAS, the City of Spokane Valley desires to provide engineering services for 34 quality street, traffic, and storm drainage improvements for its residents and to contract with 35 Spokane County, through the County Engineer, for these services. 36 Page 1 of 9 DRAFT 4/7/2003 1 NOW, `CFIEREFORE, for and in consideration of the mutual promises set forth 2 hereinafter, the PARTIES do mutually agree as follows: 3 4 SECTION NO. 1: PURPOSE 5 6 The purpose of this Agreement is to set forth the provisions under which COUNTY, through the 7 County Engineer, will provide engineering services ( "Services ") to CITY. Services include (I) 8 Engineering Services and (2) Capital Project Construction Services. Services are further outlined 9 in Section No. 4 hereinafter. It is the intent of the PARTIES that Services to be provided by 10 COUNTY will be consistent with CITY'S Council/vIanager form of government provided for in 11 chapter 35A.13 RCW 12 13 SECTION NO. 2: DURATION 14 15 This Agreement shall commence at 12:01 A.M. on April 1, 2003, and run through 12:00 P.M. 16 December 31, 2004, unless one or all of the PARTIES provide notice of tenininat.ion as further 17 described in Sections No. 5 and 10 of this Agreement. 18 19 At the conclusion of the initial term, this Agreement shall automatically be renewed with each 20 year's services and costs appended to the Agreement by exhibit from year -to -year thereafter, 21 effective January 1 to December 31 unless wither Party gives 90 days' written notice of 22 termination to the other Party. 23 24 SECTION NO. 3: COST OF SERVICES AND PAYMENTS 25 26 In consideration for COUNTY providing Services as set forth herein, CITY shall pay COUNTY 27 all actual costs associated therewith including but not limited to salary, benefits, supplies, 28 materials, equipment, and administrative overhead costs. 29 30 Labor and equipment rates are shown in Exhibit "3," attached hereto and incorporated herein by 31 reference. Labor rates can be affected by overtime, extra holiday pay, shift differential, labor 32 contracts, and on -call rates. Accordingly, these rates may change during the term of this 33 Agreement. COUNTY will notify CITY in writing of any changes to or modifications to Exhibit 34 "3." Any changes of rates will become effective immediately. COUNTY agrees to meet with 35 CITY upon request to substantiate any increases in labor or equipment rates. 36 37 Estimated costs for Engineering Services and Capital Project Construction Services for the nine 38 (9) months of 2003 are shown in Exhibit "1 a" and "lb" respectively. Estimated costs for 39 Engineering Services and Capital Project Construction Services for calendar year 2004 are 40 shown in Exhibit "2a" and "2b" respectively. Engineering Services includes certain items 41 denominated as "DISCRETIONARY." These Engineering Services will only be performed 42 upon receipt of written request from the CiTY directed to the COUNTY Engineer. 43 44 CITY will be billed for all actual costs for Engineering Services and Capital Project Construction 45 Services in each year when work is completed for each respective service or element. thereof. Page 2 of 9 DRAFT 4/7/2003 1 Additional extraordinary or unforeseen costs, including but not limited to, advertising costs, 2 mailing, legal fees/bond counsel, special benefit analysis for Local Improvement Districts, 3 maintenance costs associated with CITY -owned property, tenant removal, closing costs, survey 4 costs and property analysis including appraisal, title research/policy, and hazardous waste 5 investigations, niay affect budget totals. CITY shall be responsible for these costs. 6 7 CITY shall be responsible for all extraordinary costs resulting from CiTY'S decision to modify 8 Services. 9 10 COUNTY will bill CITY for the cost of Engineer Services and Capital Project Construction 11 Services as set forth in the Exhibits, monthly, during the first week of the month for services 12 provided during the preceding month. Billings will be based on actual Labor and Equipment 13 Rates as they apply to the Engineer Services or Capital Project Construction Services performed. 14 Payments by CITY will be due by the 5th of the following month. At the sole option of 15 COUNTY a penalty may be assessed on any late payment by CITY based on lost interest 16 earnings had the payment been timely paid and invested in the Spokane County Treasurer's 17 Investment Pool. 18 19 SECTION NO. 4: SERVICES PROVIDED 20 21 (A) En zineering Services. 22 23 COUNTY will provide. Engineering Services, to include Discretionary services, as identified in 24 Exhibits "la" for the remainder of calendar year 2003 and Exhibit "2a" for calendar year 2004 25 within CITY boundaries at the same level, degree and type as is customarily provided by 26 COUNTY in unincorporated Spokane County. The PARTIES agree that Discretionary Services 27 will only be performed upon written request from CiTY directed to the COUNTY Engineer. 28 29 (B) Capital Projects. 30 31 COUNTY will provide Capital Projects as identified in Exhibit "lb" for the remainder of 32 calendar year 2003 and Exhibit "2b" for calendar year 2004 within CITY boundaries at the same 33 level, degree and type as is customarily provided by COUNTY in unincorporated Spokane 34 County. COUNTY shall provide all engineering, project management and other services 35 required to plan, design, and supervise the construction of the projects set forth in such Exhibits 36 "lb" and "2b" including but not necessarily limited to: 37 38 l . Preliminary studies and design 39 2. Project plan review 40 3. funding applications 41 4. Grant application and administration 42 5. Final design and bid documents 43 6. Surveying and aerial contracts 44 7. Soil investigations 45 8. Wetland delineation 46 9. Environmental permitting and reports Page 3 of 9 1 10. Design and plan preparation 2 11. Utility relocation 3 12. Plan for and attend public meetings throughout the process for each project together 4 with all needed notices, handouts, and meeting support. City personnel shall attend all 5 such meetings 6 13. Right -of -way preliminary work, appraisal, appraisal review, acquisition, relocation, 7 condemnation and preparing right -of -way legal documents 8 14. Project bidding and award 9 15. Provide construction administration 10 16. Construction staking 11 17. Provide construction inspection 12 18. Materials testing 13 19. Prepare project completion .file to include as -built drawings 14 20. Coordinate with the City on each step in the project process 15 16 COUNTY will perfonln the services indicated above for the 2004 projects listed in Exhibit 17 "2b "only when any individual project identified in Exhibit "2h" is approved in writing by CITY 18 for design and construction. 19 20 COUNTY will require CITY determination on Discretionary items set forth in Engineering 21 Services Exhibits "la" and "2b on or before April 30, 2003, for calendar year 2003 and on or 22 before March 31, 2004, for 2004 to assist with COUNTY staffing needs. After COUNTY'S 23 adoption of budget and plan, within the constraints of the program described, CITY may request 24 adjustments to individual budgeted tasks or additional discretionary items in order to meet 25 specific needs. COUNTY shall consider all such requests and will provide additional service as 26 the COUNTY can reasonably perform without disrupting COUNTY business. COUNTY is a 27 contractor of services only and does not. purport to represent CITY professionally other than in 28 providing the services requested by CITY. 29 30 (C) COUNTY and CITY Coordination. 31 32 COUNTY will identify specific Liaisons for Services to handle day -to -day operational activities 33 related Services. CITY will identify a liaison for the same purposes. The liaisons will meet 34 regularly to review the performance of this Agreement. 35 36 (D) CITY Res onsibilities. 37 38 In conjunction with COUNTY providing the Services described vi Subsections A and B of this 39 SECTION, C1TY does: 40 41 1. Confer on COUNTY all authority necessary to perform the Services within CiTY limits. 42 2. Grant COUNTY the authority to act as its agent to contact public agencies, private 43 companies, and residents, and make routine decisions regarding the project and non - 44 project engineering tasks. 45 3. Agree that when COUNTY provides Services for C1TY, COUNTY Engineer may 46 exercise all the powers and perform all the duties vested by law or by resolution in the Page 4 of 9 DRAFT 4/7/2003 DRAFT 4/7/2003 1 City Engineer or other officer or department charged with street administration. 2 4. Agree to adopt by reference all COUNTY ordinances, resolutions and codes necessary to 3 provide authority for COUNTY to perform the Services.. 4 5 (E) Iviiscellaneous. 6 7 COUNTY Engineer or his/her designee agrees to attend staff meetings as requested by the CITY 8 Manager. County Engineer or his /her designee further agrees to meet upon request by the CITY 9 Manager or his/her designee to discuss any Service provided under the terms of this Agreement. 10 11 CITY agrees COUNTY will use the COUNTY Engineer's stationery in conjunction with 12 providing Services under the terms of this Agreement. 13 14 SECTION NO. 5: NOTICE 15 16 All notices or other communications given hereunder shall be deemed given on: (1) the day such 17 notices or other communications are received when sent by personal delivery; or (2) the third day 18 following the day on which the same have been nailed by first class delivery, postage prepaid 19 addressed to PA.RT1ES at the address set forth below, or at such other address as the PARTIES 20 shall from time -to -time designate by notice in writing to the other PARTIES: 21 22 COUNTY: Spokane County Chief Executive Officer or his/her authorized representative 23 1116 West Broadway Avenue 24 Spokane, Washington 99260 25 26 Spokane County Engineer 27 1026 West Broadway Avenue 28 Spokane, Washington 99260 - 0170 29 30 CITY: City of Spokane Valley City Manager or his /her authorized representative 31 Redwood Plaza 32 11707 East Sprague A venue, Suite 106 33 Spokane Valley, Washington 99206 34 35 SECTION NO. 6: COUNTERPARTS 36 37 This Agreement may be executed in any number of counterparts, each of which, when so 38 executed and delivered, shall be an original, but such counterparts shall together constitute but 39 one and the same. 40 41 SECTION NO. 7: SUBCONTRACT 42 43 COUNTY may subcontract any of its responsibilities set forth herein provided COUNTY retains 44 the appropriate supervision and inspection of the contractor's work. 45 46 Page 5 of 9 Page 6 of9 1) RAI+ T 4/7/2003 1 SECTION ION NO. 8: LIABIL 2 3 (a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees, 4 or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and 5 damages of any nature whatsoever, by any reason of or arising out of any negligent act or 6 omission of COUNTY, its officers, agents and employees, or any of them relating to or arising 7 out of performing services pursuant to this Agreement. In the event that any suit based upon such 8 claim, action, loss, or damages is brought against CITY, COUNTY shall defend the same at its 9 sole cost and expense; provided that CiTY reserves the right to participate in said suit if any 10 principle of governmental or public law is involved; and if final judgment in said suit be 11 rendered against CITY, and its officers, agents, and employees, or any of them, or jointly against 12 CITY and COUNTY and their respective officers, agents, and employees, COUNTY shall 13 satisfy the same. 14 15 (b) CITY shall indemnify and hold harmless COUNTY and its officers, agents, and employees, 16 or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and 17 damages of any nature whatsoever, by any reason of or arising out of any negligent act or 18 omission of CITY, its officers, agents and employees, or any of them relating to or arising out of 19 performing services pursuant to this Agreement. In the event that any suit based upon such 20 claim, action, loss, or damages is brought against COUNTY, CiTY shall defend the same at its 21 sole cost and expense; provided that. COUNTY reserves the right to participate in said suit: if any 22 principle of governmental or public law is involved; and if final judgment in said suit be 23 rendered against COUNTY, and its officers, agents, and employees, or any of them, or jointly 24 against COUNTY and CITY and their respective officers, agents, and employees, CITY shall 25 satisfy the same. 26 27 (c) The foregoing indemnity is specifically intended to constitute a waiver of each party's 28 immunity under Washington's Industrial Insurance Act, Chapter 51. RCW, respecting the other 29 party only, and only to the extent necessary to provide the indemnified party with a full and 30 complete indemnity of claims made by the indemnitor's employees. The PARTIES 31 acknowledge that these provisions were specifically negotiated and agreed upon by them. 32 33 (d) COUNTY and CITY agree to either self insure or purchase polices of insurance covering the. 34 matters contained in this Agreement with coverages of not less than $5,000,000 per occurrence 35 with $5,000,000 aggregate limits including for COUNTY Engineer professional liability and 36 auto liability coverages. 37 38 SECTION NO. 9: RELATIONSHIP OF THE PARTIES 39 40 The PARTIES intend that an independent contractor relationship will be created by this Agreement. 41 No agent, employee, servant, or representative of COUNTY shall be deemed to he an employee, 42 agent, servant, or representative of CITY for any purpose. Likewise, no agent, employee, servant, or 43 representative of CITY shall be deemed to be an employee, agent, servant, or representative of 44 COUNTY for any purpose. Page 7 of 9 DRAFT 4/7/2003 1 2 Control of personnel standards of performance, discipline and all other aspects of performance, 3 including that of the staff, shall be covered entirely by COUNTY. 4 5 COUNTY shall furnish all personnel and such resources and materials deemed by COUNTY as 6 necessary to provide the Services herein described and subsequently authorized by CJ.'.TY. 7 8 SECTION NO 10: MODIFICATION, TERMINATION 9 10 This Agreement maybe modified in writing by mutual agreement of the PARTIES. 11 12 CITY, at its option, may reduce or increase services up to 10% of the dollar level of the Agreement 13 with 60 days written notice to COUNTY. 14 15 Any Party may terminate this Agreement for any reason whatsoever upon a minimum of 90 days 16 Nvritten notice to the other Party. Any Party may terminate this Agreement upon a breach by the 17 another Party, provided the Party seeking to terminate the Agreement shall provide at least 30 days 18 written notice and an opportunity to cure to the breaching Party. 19 20 Upon termination, CiTY shall be obligated to pay for only those services rendered prior to the date 21 of termination. 22 23 SECTION NO. 11.: PROPERTY AND EQUIPMENT 24 25 The ownership of al.] property and equipnment utilized by COUNTY in providing Services under the 26 terms of this Agreement shall remain with COUNTY unless specifically and mutually agreed by the 27 PARTIES. 28 29 SECTION NO. 12: GENERAL TERMS 30 31 This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree 32 that there are no other understandings, oral or otherwise, regarding the subject matter of this 33 Agreement. No changes or additions to this Agreement shall be valid or binding upon the PARTIES 34 unless such change or addition is in writing, executed by the PARTIES. 35 36 Both PARTIES agrees to aid and assist the other Party in accomplishing the objectives of this 37 Agreement. 38 39 This Agreement shall be binding upon the PARTIES hereto, their successors, and assigns. 40 41 SECTION NO. 13: VENUE STIPULATION 42 43 This Agreement has been and shall be construed as having been made and delivered within the State 44 of Washington and it. is mutually understood and agreed by each Party that this Agreement shall be 45 governed by the laws of the State of Washington both as to interpretation and performance. Any 46 action at law, suit in equity or judicial proceeding for the enforcement of this Agreement or any DRAFT 4/7/2003 1 provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, 2 Washington. 3 4 SECTION NO. 14: SEVERABILITY 5 6 It is understood and agreed among the PARTIES that if any parts, terms, or provisions of this 7 Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions 8 shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard to 9 the remainder of the Agreement. If it should appear that any part, term or provision of this 10 Agreement is in conflict with any statutory provision of the State of Washington, then the part, term 11 or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as 12 it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such 13 statutory provision. 14 15 SECTION NO. 15: HEADINGS 16 17 The section headings appearing in this Agreement have been inserted solely for the purpose of 18 convenience and ready reference. In no way do they purport to, and shall not be deemed to define, 19 limit or extend the scope or intent of the sections to which they pertain. 20 21 SECTION NO. 16: CONTRACT ADMINISTRATION 22 23 The PARTIES shall each appoint representatives to review contract performance and resolve 24 problems, which cannot be dealt with by COUNTY and CITY liaisons. The PARTIES shall notify 25 the other in writing of its designated representatives. COUNTY and CITY liaisons will meet 26 periodically, with either Party authorized to call additional meetings with ten days written notice to 27 the other. 28 29 Any problem, which cannot be resolved by the PARTIES designated representatives, shall be 30 referred to City Manager and the Spokane County Engineer for settlement. 31 32 SECTION NO. 17: AUDITS AND INSPECTIONS 33 34 The records and documents, with respect to all matters covered by this Agreement, shall be subject 35 to inspection, review, or audit by COUNTY or CITY during the term of this contract and three (3) 36 years after termination. 37 38 SECTION NO. 18: RECORDS 39 40 All records prepared or produced by COUNTY in conjunction providing services to CITY under the 41 terms of this Agreement shall be the property of COUNTY. Such records shall be made available 10 42 CITY upon request by the CITY Manager subject to privileges set forth in statue, court rule or case 43 law. COUNTY will notify CITY of any public disclosure request under chapter 42.17 RCW for 44 copies or viewing of such records as well as COUNTY'S response thereto. Upon termination of 45 this Agreement, COUNTY agrees to make copies of all such records that may be requested by 46 CITY. Page 8 of 9 DRAT+ C 4/7/2003 1 2 SECTION NO. 19: ASSURANCE 3 4 COUNTY represents and assures CITY that no other city or town will receive more favored 5 treatment in receipt of Services than that made available to CITY for similar services. 6 7 SECTION NO. 14: ALL WRITINGS CONTAINED HEREIN/BINDING EFFECT 8 9 This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree 10 that there are no other understandings, oral or otherwise, regarding the subject matter of this 11 Agreement. No changes or additions to this Agreement shalt be valid or binding upon the 12 PARTIES unless such change or addition is in writing, executed by the PARTIES. 13 14 This Agreement shall be binding upon the PARTIES hereto, their successois and assigns. 15 16 IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed 17 on date and year opposite their respective signatures. 18 19 DATED: BOARD OF COUNTY COMMISSIONERS 20 OF SPOKANE, COUNTY, WASHINGTON 21 22 23 24 JOHN ROSKELLEY, Chair 25 ATTEST: 26 VICKY M. DALTON 27 CLERK OF THE BOARD 28 M. KATE MCCAS:LN, Vice -Chair 29 30 BY: 31 Daniela Erickson, Deputy PHILLIP D. HAR.RIS 32 33 DATED: CiTY OF SPOKANE VALLEY: 34 35 36 Attest: 13 37 38 Its: 39 City Clerk (Title) 40 41 Approved as to form only: 42 43 44 Acting City Attorney 45 46 H:Walley Ciq\Drafi Cuncracts\cngineer113ngineering services valley 032103.draf 2.doc Page 9 of 9 ACTIVITY SPO VAL CONTRACT 12.3% MGT. OVERHEAD 5% ADMIN. OVERHEAD TOTAL COMMENTS Office Administrative Tasks $10,000 $1,230 5500 $11,730 Vacation of Public Right of Way S5,300 S652 $265 $6,217 DISCRETIONARY Establishment of Public Right of Way S9,800 51,205 5490 S11,495 DISCRETIONARY Dust Oiling Permits and Certification S1,500 5185 575 51,760 DISCRETIONARY Event Road Closure S1,500 5185 575 $1,760 DISCRETIONARY Franchise Administration $9,000 51,107 $450 510,557 DISCRETIONARY Staff Time on Sale or Lease of City General Property $4,500 S554 5225 $5,279 DISCRETIONARY Oversize Load Permits 51,250 5154 $63 $1,466 DISCRETIONARY Maintenance of Official Records 520,000 52,460 51,000 $23,460 Map and Record Imaging 520,000 52,460 51,000 523,460 $39,882 Office Administrative Tasks Total Development Plan Review Total $85,453 $39,882 Traffic Analysis Collect Automated Vehicle Counts $10,000 $1,230 5500 $11,730 Maintain Database for Vehicle Counts 56,000 $738 S300 $7,038 Collect Turning Move Counts Designated Intersections $5,000 5615 5250 $5,865 Code Traffic Collison Locations and Maintain Database 59,000 $1,107 S450 510,557 Analyze Collisions for Safety Problems $5,000 $615 S250 $5,865 DISCRETIONARY Maintain Inventory Phys. Attributes, Aux. Facil, Safety Elements 521,000 $2,583 51,050 524,633 DISCRETIONARY Traffic Control Plan Review for Permit and Construction Activity $3,000 $369 5150 $3,519 DISCRETIONARY Record and Analyze Video Records of Traffic Patterns $4,000 $492 S200 54,692 DISCRETIONARY Traffic Analysis Total Development Plan Review $73,899 Bridge Department Services Bridge Inspection and Record Keeping $7,500 5923 5375 $8,798 Bridge Maintenance Engineering Support $7,000 5861 5350 58,211 Bridge Load Rating 57,000 5861 S350 $8,211 Bridge Utility Contact and Coordination $1,000 $123 $50 $1,173 Bridge Overload Permitting $1,000 $123 $50 $1,173 DISCRETIONARY Bridge Public Inquiry Response $500 562 $25 $587 DISCRETIONARY Bridge Prosecuting Attorney Support $2,500 $308 5125 $2,933 DISCRETIONARY Bridge Department Services Total $31,085 Development Plan Review Development Plan Review 534,000 $4,182 51,700 $39,882 DISCRETIONARY Development Plan Review Total $39,882 Exhibit la Engineering Services for the City of Spokane Valley 2003 Page 1 of 2 ACTIVITY SPO VAL CONTRACT 12.3% MGT. OVERHEAD 5% ADMIN. OVERHEAD TOTAL COMMENTS Planning and Grant Activities, Traffic Study Review Bridge Department Services 51,476 5600 S14,076 531,085 6 Year Plan Preparation and Update 59,000 51,107 S450 510,557 539 Grant Application Preparation 527,000 S3,321 S1,350 S31,671 573,899 Model Future Traffic Projection $6,200 S763 S310 $7,273 DISCRETIONARY Maintain 15 -year Street Improvement Plan 52,500 5308 5125 52,933 DISCRETIONARY Manage Environmental Consultant Contracts $6,500 5800 5325 57,625 DISCRETIONARY SRTC Coordination Federal Grants and Models $3,000 5369 S150 $3,519 DISCRETIONARY Develop Priority Arrays for Arterials $3,500 5431 Si 75 54,106 DISCRETIONARY Propose Reconstruction Projects for Grant Application $1,000 5123 $50 $1,173 DISCRETIONARY Existing and Proposed Arterial Capacity Studies $1,200 5148 $60 $1,408 DISCRETIONARY Propose New Arterial Alignments $3,600 5443 5180 54,223 DISCRETIONARY Environmental Determinations on Proposed Projects S300 $37 $15 $352 DISCRETIONARY Review Developer Traffic Studies 52,500 5308 5125 $2,933 DISCRETIONARY Traffic Mitigation Recommedations and Hearings 5500 $62 $25 5587 DISCRETIONARY Plat or Zone Change Recommendations and Hearings 5200 $25 $10 $235 DISCRETIONARY Planning and Grant Activities, Traffic Study Review Total 578,591 Summary of Engineering Services Tasks for 2003 Office Administrative Tasks S85,453 Visual Rating Pavement Bridge Department Services 51,476 5600 S14,076 531,085 Network Level Non - destructive Field Testing Development Plan Review 5615 S250 $5,865 539 Design Level Non - destructive Field Testing Traffic Analysis $554 5225 $5,279 573,899 GIS Maps Planning and Grant Activities, Traffic Study Review 5677 S275 56,452 578,591 Database Management Pavement Management 51,353 S550 512,903 544,574 Pavement Management Total Environmental 544,574 543,877_ Engineering Services Total for 2003 $397,360 Pavement Management Visual Rating Pavement 512,000 51,476 5600 S14,076 DISCRETIONARY Network Level Non - destructive Field Testing 55,000 5615 S250 $5,865 Design Level Non - destructive Field Testing 54,500 $554 5225 $5,279 GIS Maps 55,500 5677 S275 56,452 Database Management $11,000 51,353 S550 512,903 Pavement Management Total 544,574 Environmental Environmental Review, Floodplain Permitting $18,000 $2,214 S900 521,114 DISCRETIONARY Contract Landcape and Stormwater Swale Maintenance $20,000 $2,460 5303 S22,763 Environmental Total $43,877 Exhibit la Engineering Services for the City of Spokane Valley 2003 Page 2 of 2 Project Location City Share* Total* Scheduled Completion 16 Avenue, Project 1 Evergreen to Sullivan S565,000 $1,950,000 11/1/2003 " 16 Avenue, Project 2 * ** Dishman -Mica to SR 27 $59,500 $440,710 10/1/2004 Evergreen Road 16 to 2nd S378,400 $1,892,000 11/1 /2003" Mission Avenue Evergreen to Sullivan S391,000 $1,954,000 11/1/2003* 4 Avenue Signal at Sullivan $16,000 $165,000 11/1/2003 " Valley Couplet Complete EA $15,000 $111,100 7/1/2003 Totals: $1,424,900 $6,512,810 Exhibit 1 b Capital Project Construction 2003 Figures are estimates only and may vary according to actual construction and right -of -way costs "" Completion date dependent upon a start date of May 1, 2003 "" "PE and partial right -of -way costs on project scheduled for 2004 construction Page 1 of 1 ACTIVITY (CONY ACT' OVE / RHEAD 1OVERHEAD' TOTAL I COMMENTS Office Administrative Tasks Vacation of Public Right of Way $5,406 5665 5270 56,341 DISCRETIONARY Establishment of Public Right of Way $9,996 $1,230 $500 $11,725 DISCRETIONARY Dust Oiling Permits and Certification 51,530 $188 577 51,795 DISCRETIONARY Event Road Closure $1,530 $188 577 51,795 DISCRETIONARY Franchise Administration $9,180 51,129 $459 $10,768 DISCRETIONARY Staff Time on Sale or Lease of City General Property 54,590 $565 5230 $5,384 DISCRETIONARY Oversize Load Permits 51,275 5157 564 $1,496 DISCRETIONARY Maintenance and Storage of Official Records 522,000 $2,706 $1,100 $25,806 $75,377 Map and Record Imaging 515,000 $1,845 $750 $17,595 Office Administrative Tasks Total $82,705 Traffic Analysis Collect Automated Vehicle Counts 510,200 $1,255 5510 511,965 Maintain Database for Vehicle Counts $6,120 $753 $306 57,179 Collect Turning Move Counts Designated Intersections $5,100 $627 5255 $5,982 Code Traffic Collison Locations and Maintain Database $9,180 $1,129 $459 510,768 Analyze Collisions for Safety Problems 55,100 5627 $255 55,982 DISCRETIONARY Maintain Inventory Phys. Attributes, Aux. Facil, Safety Elements 521,420 52,635 $1,071 525,126 DISCRETIONARY Traffic Control Plan Review for Permit and Construction Activity $3,060 $376 $153 53,589 DISCRETIONARY Record and Analyze Video Records of Traffic Patterns $4,080 $502 $204 $4,786 DISCRETIONARY Traffic Analysis Total $75,377 Bridge Department Services Bridge Inspection and Record Keeping 57,650 5941 $383 $8,973 Bridge Maintenance Engineering Support 57,140 5878 5357 $8,375 Bridge Load Rating $7,140 $878 $357 $8,375 Bridge Utility Contact and Coordination $1,020 $125 $51 51,196 Bridge Overload Permitting $1,020 $125 $51 51,196 DISCRETIONARY Bridge Public Inquiry Response $510 $63 $26 $598 DISCRETIONARY Bridge Prosecuting Attorney Support $2,550 $314 $128 52,991 DISCRETIONARY Bridge Department Services Total $31,706 Exhibit 2a Engineering Services for City of Spokane Valley 2004 Development Plan Review Total Development Plan Review Development Plan Review Total 530,000 $3,690 51,5001 535,190 I t $35,190 DISCRETIONARY Page 1 of 2 ACTIVITY ICONTRACT[ OVERHEAD 'OV RHEAD' TOTAL I COMMENTS Planning and Grant Activities, Traffic Study Review 6 Year Plan Preparation and Update $9,000 51,107 $450 $10,557 Grant Application Preparation $15,000 $1,845 $750 $17,595 Model Future Traffic Projection $10,643 51,309 $532 $12,484 DISCRETIONARY Maintain 15 -year Street Improvement Plan $2,551 5314 $128 $2,992 DISCRETIONARY Manage Environmental Consultant Contracts $6,630 $815 $332 $7,777 DISCRETIONARY SRTC Coordination Federal Grants and Models 54,907 8604 $245 $5,756 DISCRETIONARY Develop Priority Arrays for Arterials $3,570 $439 $179 54,188 DISCRETIONARY Propose Reconstruction Projects for Grant Application $1,020 5125 851 $1,196 DISCRETIONARY Existing and Proposed Arterial Capacity Studies $1,840 $226 $92 $2,159 DISCRETIONARY Propose New Arterial Alignments $3,672 5452 $184 $4,307 DISCRETIONARY Environmental Determinations on Proposed Projects $306 838 S15 $359 DISCRETIONARY Review Developer Traffic Studies $2,550 $314 $128 $2,991 DISCRETIONARY Traffic Mitigation Recommedations and Hearings $510 $63 526 5598 DISCRETIONARY Plat or Zone Change Recommendations and Hearings $204 525 510 5239 DISCRETIONARY Planning and Grant Activities, Traffic Study Review Total S73,199 Summary of Engineering Services Tasks for 2004 Office Administrative Tasks S12,240 $1,506 5612 $82,705 DISCRETIONARY Bridge Department Services $5,100 $627 S255 $31,706 Development Plan Review $4,590 $565 S230 $35,190 Traffic Analysis $5,610 $690 828 i $75,377 Planning and Grant Activities, Traffic Study Review S11,220 $1,380 S561 $73,199 Pavement Management $45,465 Environmental $55,680 Engineering Services Total for 2004 $399,322 Pavement Management Visual Rating Pavement S12,240 $1,506 5612 514,358 DISCRETIONARY Network Level Non - destructive Field Testing $5,100 $627 S255 $5,982 Design Level Non - destructive Field Testing $4,590 $565 S230 $5,384 GIS Maps $5,610 $690 828 i $6,581 Database Management S11,220 $1,380 S561 513,161 Pavement Management Total S45,465 Environmental Environmental Review, Floodplain Permitting $18,360 $2,258 8918 $21,536 DISCRETIONARY Contract Landcape and Stormwater Swale Maintenance S30,000 $3,690 S454 534,144 Environmental Total $55,680 Exhibit 2a Engineering Services for City of Spokane Valley 2004 Page 2 of 2 Project Location City Share* Project Total* Scheduled Completion ** 16 Avenue, Project 2 Dishman -Mica to SR 27 $271,300 $2,009,300 "" 1111 /2004 Park Road 8th to Appleway $173,400 $867,000 11/112004 Pines Road At Mansfield $55,000 $3,134,000**** 11/1/2004 Totals: $499,700 $867,000 Exhibit 2b Capital Project Construction 2004 Figures are estimates only and may vary according to actual construction and right -of -way costs **Completion dates are dependent on right -of -way finalization which could affect start dates $1,568,590 of thes total is unfunded, should attempt to acquire funding ""$330,000 of this total is unfunded, should attempt to acquire federal funds "" Developer contributions equal to $499,795 of this total has not yet been collected Page 1 of 1 Etv1PLOYEE RATES - GUILD MONTHLY RATE (a) HOURLY RATE SOT RATE (c) TITLE CLASS Staff Assistant 1 1017 S3,969.96 524.43 $19.18 Staff Assistant 2 1002 S4.382.72 526.97 $21.17 GIS Analyst 1650 S6,191.69 S38.10 $29.91 Traffic Program Analyst 2121 S5,919.57 536.43 $28.60 Engineering Info Systems Coord. 2123 S6,541.32 $40.25 $31.60 Computer Application Assistant 2125 S5,224.83 $32.15 $25.24 Stormwater Programs Researcher 2128 $6,541.32 $40.25 $31.60 Supervising Technician 2309 S6,222.67 $38.29 $30.06 Supervising Right -of -Way Agent 2320 S6,222.67 $38.29 $30.06 Asst. Const. Engineer /Survey 2330 56,541.32 $40.25 $31.60 Engineer 1 2331 $5,919.57 $36.43 $28.60 Engineer 2 2333 $6,541.32 $40.25 $31.60 Engineer 3 2335 $7,411.09 $45.61 535.81 EMPLOYEE RATES - Local 17 MONTHLY RATE (a) HOURLY RATE 1.5 X RATE (h) TITLE CLASS Office Technician 1 1007 $3,170.98 $18.29 $21.54 Office Technician 2 1001 $3,504.02 $2.0.22 523.81 Admin. Specialist 1 1009 $3,504.02 $20.22 523.81 Admin. Specialist 2 1012 $3,872.06 $22.34 $26.31 GIS Technician 1651 $4,565.75 $26.34 $31.02 Map Technician 2300 $4,070.33 $23.48 S27.65 Engineering Technician 1 2303 $4,497.88 $25.95 530.56 Traffic Count Technician 2304 $3,251.14 518.76 522.09 Engineering Technician 2 2.305 $5,224.83 530.14 535.50 Engineering Technician 3 2307 $6,069.24 535.01 541.24 Right -of -Way Agent 1 2317 55,22.4.83 S30.14 535.50 Right -of -Way Agent 2 2319 56,069.24 S35.01 541.24 EQUIPMENT CHARGES HOURLY RATE TYPE CLASS Sedan Midsize CAR 3.25 Sedan Midsize Med. Use CARMM 4.25 Utility 4X4 UTIL M 7.00 Pickup Compact PUCOM 4.50 Pickup 1/2 Ton PU112 6.00 Pickup 4x4 Light Use PU 4X4 7.00 Pickup Compact Heavy Use PUCML 3.75 Truck Class 3 TCL3A 12.00 Van, Mini VANMC 4.00 Computers (design only) COMPU 2.33 Computer Plotter CPMPP 1.50 Nuclear Densometer NUCLE 2.00 Global Positioning GPS 32.00 EMPLOYEE RATES - ADMINISTRATION MONTHLY RATE (a) HOURLY RATE SOT RATE (c) TITLE CLASS Staff Assistant 3 1004 $4,847.76 $29.83 523.42 Engineering Office Admin. 2329 $7,411.09 545.61 535.81 Engineer 4 2337 $8,608.86 552.98 $41.59 County Engineer 2341 $10,253.10 563.10 $49.54 Exhibit 3 Spokane County Engineering Services Labor and Equipment Rates 2003 (a) The "Monthly Rate" is the loaded labor rate per month for the class of employee at an advanced step placement. including benefits and L&I expenses (b) The 1.5 X rate is the overtime labor charge per hour worked over standard working hours. (c) Guild and Administration are paid Straight Overtime (SOT), and not the 1.5 rate of the Local 17 workers. Note 1: All rates are based on the most current labor contract (as of 1/31/2003) Note 2: Spokane County reserves the right to utilize any qualified worker for the City of Spokane Valley contracted work. Page 1 of 1 REQUEST FOR COUNCIL ACTION Ruth Muller From: Sent: To: Bill Hutsinpiller Friday, April 18, 2003 10:42 AM Ruth Muller Subject: Maint. Agreement cost CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION DA'Z'E ACTION IS REQUESTED: April 22, 2003 APPROVED FOR COUNCIL PACKET: City Manager Dept. Head Attorney Approve As To Form TITLE: TYPE OF ACTION: Maintenance Agreement ATTACHMENTS: Maintenance Proposal from Spokane County t Ordinance Resolution Motion Other SUBMITTED BY: Director Parks and Recreation STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Approval of proposal from Spokane County to maintain and operate those parks and recreation facilities listed in the attached agreement. DISCUSSION: This agreement will allow the continued maintenance and operation of those park and recreation facilities transferred to the City of Spokane Valley by Spokane County, until such time as the City of Spokane Valley is in a position to take over this responsibility. ALTERNATIVES: Find a facility that will accommodate this function. FISCAL IMVTPACI': 5653,240.10 SOURCE OF FUNDS: General Fund AMOUNT BUDGETED: 5650,000 AMOUNT NEEDED FOR PROJECT: 4/18/2003 Agenda Bill No. , 7c 3 — /if Page 1 of 1 Return to: Daniela Erickson Clerk of the Board 1116 West Broadway Spokane, Washington 99260 DRAFT 4/4/2003 1 INTERLOCAL AGREEMENT .BETWEEN SPOKANE COUNTY 2 AND THE CITY OF SPOKANE VALLEY RF..1:,ATING TO THE OWNERSHIP, 3 FUNDING, OPERATION AND MAINTENANCE OF PARKS, OPEN SPACE, 4 RECREATION FACILITIES AND PROGRAMS 5 6 THIS AGREEMENT, made and entered into by and between Spokane County, a political 7 subdivision of the State of Washington, having offices for the transaction of business 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 Plata, 11707 :East Sprague Avenue, Suite 106, Spokane 11 Valley, Washington 99206, hereinafter referred to as "CITY" jointly hereinafter referred to as the 12 'PARTIES." 13 14 WITNESSETH 15 16 WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County 17 Commissioners has the care of County property and the management of County funds and 18 business; and 19 20 WHEREAS ER.EAS 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 may 22 individually perform; and 23 24 WHEREAS, pursuant to the provisions of RCW 35.02.225, a newly incorporated city 25 may contract with a county to provide essential services; and 26 27 WHEREAS, all local governmental authority and jurisdiction with respect to the newly 28 incorporated area transfers from Spokane County to the City of Spokane Valley upon the official 29 date of incorporation; and 30 31 WHEREAS, the City of Spokane Valley desires to own, operate, and maintain parks, 32 open space, recreation facilities and programs within its boundaries which were previously 33 owned, operated and /or maintained by Spokane County; and 34 Page 1 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 •1 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 SECTION NO. 1: CONVEYANCE DRAFT 4/4/2003 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: 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 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 1.2 hereinafter, as well as all personal property permanently affixed thereto such as play equipment and ball field improvements. Consideration for each transfer will be $1.00 and other consideration more particularly described hereinafter. 1.2 The Properties to be transferred include: Myrtle Point Opportunity Township 1-tall Valley Mission Pool Valley Senior Center Valley Mission Park Valley Mission Park (South) Balfour Park Brown's Park Buttercup Park Edgecliff Park Western Dance Center Sullivan Park 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 gifts/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 ( "1AC ") will be (i) CITY'S adoption of a Park Plan and (ii) IAC'S approval of the transfer. CITY agrees to timely adopt a Park Plan and apply for IAC approval of the Park Plan. Page 2 of 12 Page 3 of 12 DRAFT 4/4/2003 1 Each :Party shall pay its own expenses in conjunction with the transfer of any Property 2 including but not limited to fees and expenses of agents, representatives, counsel and 3 accountants. 4 5 Closing costs shall be apportioned according to custom in Spokane County. 6 7 ALTA Title insurance shall be at the sole cost of CITY. 8 9 PARTIES shall mutually agree to a closing date for any Property. Provided, however, the 10 closing date(s) shall not affect CITY'S obligation to maintain, operate, repair, and improve 11 the Properties as of April 1, 2003. 12 13 CITY agrees and covenants to own, operate and maintain the Properties in perpetuity as 14 public parks, public recreational facilities, and /or public open spaces respectively. CITY 15 may trade any Property or part thereof for another public park, public recreational property, 16 and/or public open space of equal or greater value. Transfers of any Property initially 17 acquired by COUNTY with moneys from Washington State interagency Committee for 18 Outdoor Recreation will require IAC approval. 19 20 CITY agrees and covenants that it will not in any way limit or restrict access to and use of 21 any Property by non -CITY residents. 22 23 CITY agrees and covenants that any and all user fees, including charges made by any lessees, 24 concessionaires, service providers and /or other assignees, shall be at the same rate for non - 25 CITY residents as for the residents of CITY. 26 27 SECTION NO. 2: RESPONSIBILITY FOR OPERATION, MAINTENANCE, REPAIRS, 28 IMPROVEMENTS, AND RECREATION SERVICES 29 30 2.1 As consideration for COUNTY'S agreement to convey the Properties, CITY agrees to 31 assume full and complete responsibility for all maintenance, operation, repair, improvement, 32 and provision of recreation services on such Properties, to include facilities thereon, as of 33 April 1, 2003. 34 35 2.2 CITY contracts with COUNTY to maintain and operate the Properties listed in Section No, 1.2 36 on and after April 1, 2003 under the terms and conditions specified hereinafter. It is the intent 37 of the PARTIES that such responsibilities be consistent with the CITY'S Council/Manager form 38 of government provided for in chapter 35A.13 RCW. 39 40 2.3 Base Level Services. Acting solely as an independent contractor on behalf of CITY, 41 COUNTY will provide routine park maintenance and operation services for the Properties 3 Page 4 of 12 DRAFT 4/4/2003 1 listed in Section 1.2 above at that level and standard provided to each individual Property in 2 calendar year 2002. This level of service is hereinafter referred to as "base level service." 4 CITY may request adjustments to individual tasks associated with base level service in order 5 to meet specific needs. COUNTY shall consider all such requests and, whenever reasonably 6 practicable, alter the work program as necessary. 7 8 COUNTY is only required to perform maintenance and operation services on the Properties 9 listed in Section 1.2 as those Properties were improved as of the 12:01 A.M. April 1, 2003, 10 the C1TY's official date of incorporation. COUNTY and CITY anticipate that there may be 11 further improvements made to these Properties by CITY which will require additional 12 maintenance. CITY agrees to pay COUNTY for any increased maintenance costs to any 13 Property, regardless of the funding source of the improvement., due to any improvement 14 thereto. 15 16 2.4 Extra or Enhanced Services. Acting solely as an independent contractor on behalf of CITY, 17 COUNTY will provide services above base level services upon written request from CITY 18 and mutual agreement as to any increased costs for such service. Such additional services are 19 hereinafter referred to as "extra or an enhanced services." 20 21 2.5 Construction of Mirabeau Meadows Park. COUNTY agrees to complete the construction 22 of Mirabeau Meadows Park. For the purpose of this Agreement, the terminology 23 "construction" shall include (I) preparing bid document(s) for the Project (Mirabeau 24 Meadows), (2) awarding the Project pursuant to County public works laws; (3) construction 25 management of the awarded Project; and (4) acceptance of the completed Project.. COUNTY 26 has already prepared bid documents denominated as Project No. P3993. COUNTY agrees 27 not to award Project if the bid of lowest responsible bidder exceeds $L4 Million without 28 consultation and approval by CITY. 29 30 The cost of the Mirabeau Meadows Park construction will be funded solely using a portion of 3l State Grant (INTERGOVERNMENTAL AG.R.HEMENT) #02 -99300 -018 estimated at $1.4 32 million. No COUNTY money will be used. 33 34 2.6 Oversee Design of Mirabeau Point Center Place Facility ("Facility"). County agrees 35 only to oversee the design of Mirabeau Point Center Place Facility ( "Facility "). All future 36 phase(s) of the :Facility will be the sole responsibility of the CiTY. For the purpose of this 37 Agreement, the terminology "oversee the design" shall mean employment of an architect to 38 design the Facility and payment for services solely from State Grant. 39 (INTERGOVERNMENTAL AGREEMENT) #02- 99300-018. No COUNTY money will be 40 used for the design of Facility. COUNTY has employed Tan Moore Architects under Project 41 Agreement No. P3983 to design the Facility. COUNTY will coordinate with CITY all major 42 decisions with respect to the design of the Facility. Page 5 of 12 DRAFT 4/4/2003 1 2 The cost to design :Mirabeau Point Center Place Facility will be funded solely using a portion 3 of State Grant (INTERGOVERNMENTAL AGREEMENT) #02 -99300 -018 estimated at 4 $500,000. If there are funds remaining in the State Grant (INTERGOVERNMENTAL 5 AGREEMENT) #02- 99300 -018 upon completion of the Mirabeau Meadows Park 6 construction and Mirabeau Point Center Place Facility design, COUNTY staff will work with 7 CITY staff to allocate unused grant moneys for completion/construction of other elements of 8 the Mirabeau Point Master Plan. 9 10 Separate from the Grant :Funds allocated for design of the Mirabeau Point Center Place 11 Facility, the COUNTY has set aside $1.4 million for the construction of Mirabeau Point 12 Center Place Facility. COUNTY agrees to make this money available to CITY in the event 13 CITY elects to proceed with construction of Mirabeau Point Center Place Facility not in a 14 lump sum, but as necessary to pay consultants and contractors for services completed. 15 COUNTY shall retain any and all interest on the $1.4 million. 16 17 COUNTY shall not have an obligation to operate or maintain either the Mirabeau Meadows 18 Park or Mirabeau Point Center Place Facility after their completion until the PARTIES 19 mutually agree as to all increased operation and maintenance costs in accordance with 20 Section 2.3 above. 21 22 2.7 Valley Mission Pool. COUNTY has set aside $L6 million for the construction of an aquatic 23 facility intended to replace the Valley Mission Pool. COUNTY originally proposed a 24 replacement pool to be located at Valley Mission Park (South). The design of the new pool 25 has been completed. However, upon the vote to incorporate CITY, COUNTY opted to defer 26 construction of the new pool. COUNTY agrees to (i) transfer the complete plans for the new 27 Valley Mission Pool to CITY and (ii) to make available to CiTY $1.6 million for 28 construction of a new pool at that location as determined by CITY and using the design 29 completed or another designed as approved by CITY. COUNTY agrees to transfer plans for 30 said pool to CITY upon execution of this Agreement. $L6 million will be retained by 31 COUNTY and paid to CITY as needed by CITY to pay consultations and contractors in 32 conjunction with design/construction of a new pool. COUNTY shall retain any and all 33 interest on the $L6 million. 34 35 SECTION NO. 3: DURATION 36 37 This Agreement shall commence at 12:01 A.M. on April 1, 2003 and terminate at 12:00 P.M. on 38 December 31, 2004, unless terminated as provided for in Section 10. This Agreement shall be 39 effective upon signature by both PARTIES. 40 41 42 Page 6 of 12 DRAFT 4/4/2003 1 SECTION NO. 4: COST OF SERVICES 2 3 CITY shall pay COUNTY the actual costs for base level services described herein and provided by 4 COUNTY to the Properties. For 2003 the costs of such base level services shall not include 5 equipment depreciation on equipment owned by COUNTY. The COUNTY, at its sole discretion 6 may include such equipment depreciation of equipment for calendar years 2004. The estimated cost 7 for 2003 base level services is SIX HUNDRED FIFTY -THREE THOUSAND TWO 8 HUNDRED DOLLARS and 10 /100 ($653,240.10). The methodology used to calculate the cost 9 of providing CITY'S base level services is set forth in Attachment "A," attached hereto and 10 incorporated herein by reference. This methodology contemplates that the CiTY retains all 11 fees /revenues collected from Properties and facilities. Further, CITY shall be responsible for all 12 costs/assessments associated with ownership of park properties/facilities including but not 13 limited to electricity, sewer, water, gas, garbage, telephone, and taxes. Said costs are separate 14 from the estimated costs to provide base level services in 2003 as described herein. 15 16 In 2004, the PARTIES acknowledge that the estimated costs will automatically increase based 17 upon salary adjustments to include cost of living increases ( "COLA ") granted by the :BOARD, 18 increased costs provided for in a Collective Bargaining Agreement, and increased costs for 19 various items set forth in Attachment "A." COUNTY will prepare an estimated cost for 2004 20 base level services using the same methodology as set forth in Attachment "A." This estimate 21 will be provided to CITY on or before October 31, 2003. This estimate will be used for the 22 purposes of 2004 billings. 23 24 COUNTY will bill CITY for the estimated cost of services, monthly, during the first week of the 25 month. For calendar 2003, the estimated cost of $653.240.10 will be divided into nine equal 26 payments of $72,582.23. Payments by CITY will be due by 5 working day of the following 27 month. At the sole option of COUNTY, a penalty may be assessed on any late payment by 28 CITY based on lost interest earnings had the payment been timely paid and invested in the 29 Spokane County Treasurer's Investment Pool. 30 31 At the end of calendar year 2003 and 2004, using actual costs COUNTY and CiTY will each 32 determine respectively whether or not the estimated costs were accurate. To the extent that the 33 CITY was over billed in any year, it will receive a credit to be applied as mutually agreed. if the 34 CiTY was under billed, it will receive a debit in the subsequent billing. The adjustment will 35 normally take place in March of the year following the year services were performed but no later 36 than June 30 ( "date of determination "). At the sole discretion of the CITY, in the case of over 37 billing, or the sole discretion of the COUNTY, in the case of an under billing, the party may 38 request interest on such amount based on lost interest earnings had the under billing amount been 39 invested since the end of the calendar year to the date of determination in the Spokane County 40 Treasurer's Investment Pool or the over billing amount been invested since the end of the 41 calendar year to the date of determination in the Washington Cities investment Pool. M &O 1 items chargeable to the CITY shall be directly attributable and proportionate to services received 2 by City under the terms of this Agreement. 3 4 SECTION NO. 5: NOTICE 5 6 All notices or other communications given hereunder shall be deemed given on: (1) the day such 7 notices or other communications are received when sent by personal delivery; or 01) the third day 8 following the day on which the same have been mailed by first class delivery, postage prepaid 9 addressed to COUNTY at the address set forth below for such Party, or at such other address as 10 COUNTY shall from time -to -time designate by notice in writing to the other PARTIES: 11 12 COUNTY: Spokane County Chief Officer or his/her authorized representative 13 1116 West Broadway Avenue 14 Spokane, Washington 99260 15 16 CITY: City of Spokane Valley City Manager or his/her authorized representative 17 Redwood Plaza 18 11707 East Sprague Avenue, Suite 106 19 Spokane Valley, Washington 99206 20 21 SECTION NO. 6: COUNTERPARTS 22 23 This Agreement may be executed in any number of counterparts, each of which when so 24 executed and delivered, shall be an original, but such counterparts shall together constitute but 25 one and the same. 26 27 SECTION NO. 7: ASSIGNMENT 28 29 COUNTY may assign any of its responsibilities under the terms of this Agreement so long as the 30 COUNTY remains responsible for oversight and supervision of all responsibilities. 31 32 SECTION NO. 8: I_,IA.BIILITY 33 (a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees, 34 or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and 35 damages of any nature whatsoever, by any reason of or arising out of any negligent act or 36 omission of COUNTY its officers, agents and employees, or any of them relating to or arising 37 out of performing services pursuant to this Agreement. In the event that any suit based upon such 38 claim, action, loss, or damages is brought against CITY, COUNTY shall defend the same at its 39 sole cost and expense; provided that CITY reserves the right to participate in said suit if any 40 principle of governmental or public law is involved; and if final judgment in said suit be 41 rendered against CiTY, and its officers, agents, and employees, or any of them, or jointly against Page 7 of 12 1)RAI " I ,. 4/4/2003 Page 8 of 12 DRAE� "I 4/4/2003 I CITY and COUNTY and their respective officers, agents, and employees, COUNTY shall 2 satisfy the same. 3 4 (b) CITY shall indemnify and hold harmless COUNTY and its officers, agents, and employees, 5 or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and 6 damages of any nature whatsoever, by any reason of or arising Out of any negligent act or 7 omission of C its officers, agents and employees, or any of them relating to or arising out of' 8 performing services pursuant to this Agreement. In the event that any suit based upon such 9 claim, action, loss, or damages is brought against COUNTY, CiTY shall defend the same at its 10 sole cost and expense; provided that COUNTY reserves the right to participate in said suit if any 11 principle of governmental or public law is involved; and if final judgment in said suit be 12 rendered against COUNTY, and its officers, agents, and employees, or any of them, or jointly 13 against COUNTY and CiTY and their respective officers, agents, and employees, CITY shall 14 satisfy the same. 15 16 (c) The foregoing indemnity is specifically intended to constitute a waiver of each party's 17 immunity under Washington's :Industrial Insurance Act, Chapter 51 RCW, respecting the other 18 Party only, and only to the extent necessary to provide the indemnified party with a full and 19 complete indemnity of claims made by the indemnitor's employees. The PARTIES 20 acknowledge that these provisions were specifically negotiated and agreed upon by them. 21 22 (d) COUNTY and CITY agree to either self insure or purchase polices of insurance covering the 23 matters contained in this Agreement with coverages of not less than $5,000,000 per occurrence 24 with $5,000,000 aggregate limits including for staff professional liability and auto liability 25 coverages. 26 27 SEC1 ION NO. 9: RELATIONSII)IP OIL TICE PARTIES 28 29 The PARTIES intend that an independent contractor relationship will be created by this Agreement. 30 No agent, employee, servant or representative of COUNTY shall be deemed to be an employee, 31 agent, servant or representative of CITY for any purpose. Likewise, no agent, employee, servant or 32 representative of CITY shall be deemed to be an employee, agent, servant or representative of 33 COUNTY for any purpose. 34 35 SECTION NO. 10: MODIFICATION AN TERMINATION 36 37 This Agreement may be modified in writing by mutual agreement of the PARTIES. 38 39 Any Party may terminate only the maintenance and obligation of COUNTY set forth in 2.2, 23 and 40 2.4 herein for any reason whatsoever upon a minimum of 90 days written notice to the other Party. 41 Page 9 of 12 DRAFT 4/4/2003 1 Any Party may terminate this Agreement for breach of any provision concerning the providing of 2 maintenance and operation services or payment of consideration upon thirty days (30) advance 3 written notice to the breaching Party. If the defaulting Party cures the breach to the satisfaction of 4 the notifying Party within the thirty -day (30) time frame or such time frame as is reasonably 5 necessary to cure the default, then the notice of termination shall be void. 6 7 Upon termination, CITY shall be obligated to pay for only those basic level services and extra or 8 enhanced services rendered prior to the date of termination based upon a pro rata allocation of costs 9 to the date of termination. 10 11 SECTION NO. 11: PROPERTY AND EQUIPMENT I2 13 The ownership of all equipment owned and utilized by COUNTY in providing maintenance and 14 operation services under this Agreement or acquired by COUNTY from the consideration by CITY 15 for such maintenance and operation services shall remain with COUNTY upon termination of this 16 Agreement. Provided, however, the PARTIES acknowledge that CiTY may purchase equipment 17 and provide such equipment to COUNTY to perform such maintenance and operation expenses. 18 The ownership of any equipment acquired by CITY and made available to COUNTY to provide 19 maintenance and operation services under the terms of this Agreement shall remain with CiTY 20 upon termination of this Agreement. 21 22 Attached hereto as Attachment "B" and incorporated herein by reference is a listing of certain 23 equipment and machinery that COUNTY presently owns and may use in conjunction with 24 providing maintenance and operation services to C1TY under the terms of this Agreement. 11 the 25 Agreement runs its entire term without termination, COUNTY agrees to transfer to CiTY at the end 26 of said term at no cost and in an "as -is condition" those pieces of equipment and machinery listed in 27 Attachment "13" which are still owned by COUNTY. If, for any reason, this Agreement is 28 terminated by either Party prior to December 31, 2004 COUNTY agrees to sell to CITY in as "as -is 29 condition" those remaining pieces of equipment and machinery listed in Attachment "B" which are 30 still owed by COUNTY for FIFTY THOUSAND DOLLARS (550,000.00). 31 32 SECTION NO. 12: GENERAL TERMS 33 34 This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree 35 that there are no other understandings, oral or otherwise, regarding the subject matter of this 36 Agreement. No changes or additions to this Agreement shall be valid or binding upon the 37 PARTIES unless such change or addition is in writing, executed by the PARTIES. 38 39 This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. 40 41 42 Page 10 of 12 DRAFT 4/4/2003 1 SECTION NO. 1 VENITE STIPULATION 3 This Agreement has been and shall be construed as having been made and delivered within the 4 State of Washington and it is mutually understood and agreed by each Party that this Agreement 5 shall be governed by the laws of the State of Washington both as to interpretation and 6 performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this 7 Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction 8 within Spokane County, Washington. 9 10 SECTION NO. 1.4: SEV:ERAIB.ILITY 11 12 It is understood and agreed among the PARTIES that if any parts, terms or provisions of this 13 Agreement are held by the courts to be illegal, the validity of the remaining portions or 14 provisions shall not be affected and the rights and obligations of the PARTIES shall not be 15 affected in regard to the remainder of the Agreement_ If it should appear that any part, term or 16 provision of this Agreement is in conflict with any statutory provision of the State of 17 Washington, then the part, term or provision thereof that may be in conflict shall be deemed 18 inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall 19 be deemed to modify to conform to such statutory provision. 20 21 SECTION NO. 15::IIEADINGS 22 23 The section headings appearing in this Agreement have been inserted solely for the purpose of 24 convenience and ready reference. In no way do they purport to, and shall not be deemed to 25 define, limit or extend the scope or intent of the sections to which they pertain. 26 27 SECTi:ON NO. 16: :REPRESENTATIVES 28 29 COUNTY hereby appoints the Spokane County Parks and :Recreation Director or his /her 30 designee for the purpose of administering the terms of this Agreement. CITY hereby appoints 31 the City Parks and Recreation Director or his /her designee for the purpose of administering the 32 terms of this Agreement. Each PARTY'S representative agrees to meet on a monthly basis or as 33 necessary to address COUNTY'S provision of basic level services or extra/enhanced level 34 services under the terms of this Agreement. I.n the event there is a disagreement between the 35 PARTIES, it shall be forwarded to the COUNTY CEO and CITY Manager for resolution. 36 37 Spokane County Parks and Recreation Director or his/her designee agrees to attend staff 38 meetings as requested by the CITY Manager. 39 40 41 DRAFT 4/4/2003 1 SECTION NO. 17: REPORTING 2 3 COUNTY, through the Spokane County Parks and Recreation Director or his/her designee shall 4 provide a mutually acceptable quarterly report to CiTY that will contain information relating to 5 services performed under the terms of this Agreement during the preceding quarter. 6 7 SECTION NO. 18: STAFFING 8 9 COUNTY shall have the sole right and responsibility to hire, assign, retain and discipline all 10 employees performing services under this Agreement according to collective bargaining agreements 11 and applicable state and federal laws. COUNTY agrees to meet and confer with CiTY with respect 12 to staff are assigned to provide such services. 13 14 SECTION NO. 19: RECORDS 15 16 All public records prepared, owned, used or retained by COUNTY in conjunction with providing 17 services under the terms of this Agreement shall be deemed CITY property and shall be made 18 available to CITY upon request by CiTY Manager. COUNTY will notify CiTY of any public 19 disclosure request under chapter 42.17 RCW for copies or viewing of such records as well as the 20 COUNTY's response thereto. 21 22 SECTION NO. 20: ASSURANCE 23 24 COUNTY represents and assures CITY that no other city or town will receive more favored 25 treatment in receipt of park maintenance and operation services than that made available to the 26 CITY for similar services. 27 28 iN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on 29 date and year opposite their respective signatures. 30 31 DATED: 130A RD OF COUNTY COMMISSIONERS 32 OF SPOKANE, COUNTY, WASHINGTON 33 34 35 JOHN ROSKELLEY, Chair 36 ATTEST: 37 VICKY M. DALTON 38 CLERK OF THE BOARD PHiLLIP D. HARRIS, Vice -Chair 39 40 41 BY: M. KATE MCCASLIN 42 •Danicla Erickson, Deputy Page 11. of 1.2 8 9 Approved as to form only: 10 11 Acting City Attorney 12 13 DRAFT 4/4/2003 1 2 DATED: CITY OF SPOKANE VALLEY 3 4 Attest: By: 5 6 Its: 7 City Clerk (Title) 14 15 16 17 18 19 20 21 22 23 24 25 26 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 52 53 54 55 56 57 F1:1VuIIey City1D aft ContmdslParks \Plrics services Valley 032003 -daft 11.dae Page 12 of 12 AQUATICS - Maintenance and Administration Parks Director Services Manager Office ,Manager Recreation Prorun Coordinator Office Assistant 4 Accounting Tech 4 Trades Specialist iMcchanic I] Maintenance Extra Help Aquatics Extra Help Aquatics Coordinator Pool Managers & Lifeguards Sub Total Cost allocation for maintenance and operation of Valley Pool Facilities: Con of operating Supplies, Chemicals, Utilities, etc. for Valley Pools •For estimated utility expenses sec attached expense summary Cost of Equipment M &O Total C.Cost to the City for Operations of the Pool Properties: SENIOR CENTER- Parks Director Services Manager Office Manager Senior Center Coordinator Accountant Tech 4 Maintenance Worker II Mechanic H Extra Help (Janitor & Bus Drivers) Sub Tota I Cost allocation for maintenance and operation of Valley Senior Center Cost of Supplies & Materials for Maintaining Valley Senior Center For estimated utility expenses see attached expense summary Cost of Equipment M &O Spokane County Parks and Recreation (Spokane Valley) 12- Month Budget Year 2003 PARKS- Full Time Employee edtninistrativc Personnel: Wages/Benefits Percentage ofTune Parks 1)ircctor 32,590.78 40% Services Manager 45,665.64 60:'0 Office Manager 5,964.14 10% Office Assistant 3 15,339.38 50% Accounting Tech 4 1 8,897.23 40% Facilities Director 1,890.00 N/A Faci lilies Staff Assistant 720.00 ?JIA Sub Total 121,067.17 Maintenance Personnel: Trades Specialist 50,744.50 100% Trades Specialist 25,372.25 50% Maintenance Worker II 42,668.00 100% Mechanic 11 21,481.75 42% Extra Help 28,000,00 Sub Total 168,266.50 Cost allocation for maintenance and operation of Valley Park Properties: 57,924.60 Cost of Supplies & Materials for Maintaining Valley Parks 109,242.34 •For estimated utility expenses sec attached expense summary Cost of Equipment M &O 26,253.20 lin- anticipated Repairs and Maintenance due to Mother Nature and Vandalism 35,000.00 Total Cost to the City for Operations of the Park Properties: 517,753.81 4,176,90 76. 983.00 81,159.90 27,977.00 14,700.00 3,731.42 186,153.65 12,629.98 5,992.00 449.84 Total Cost to the City for Operations of the Senior Center: 82,158.65 Grand Total Operations of Parks, Aquatics & Senior Center. 786,066.1 I (Year 2003) ATTACHMENT "A" 4,073.86 5% 7,610.94 10% 2,982.03 5% 6,014.40 10% 2,099.25 5% 4,724.30 10% 22,812.00 45% 2,557.35 5% 5,711 20 58,585.33 4,073.86 5% 7,610.94 10% 2,982.03 5% 24,886.18 509'0 2,362.15 5% 6,400.20 15% 1,534.40 3% 13.237.07 63,086.83 PARKS- *As of April 1, 2003 then would be a reduction in all Personnel Costs by 25% except extra help personnel. There are no costs for extra help personnel for January, February and March. There would also he a 25% reduction in the Cost of Supplies & Materials and Equipment M &O. There «vuld be no reduction in the unanticipated repairs and maintenance amount Administrative Persormel: \Vages/Benefits Parks Director 24,443.10 25% reduction Scrvic .s Manager 34,249.23 25% reduction Office Manager 4,473.18 25% reduction Office Assistant 3 11,504.61 25% reduction Accounting Tech 4 14,172.93 25% reduction Facilities Director 1.417.50 25% reduction Facilities Staff .Assistant 540.00 25% reduction Sub Total 90,800.55 Page 2 of 2 Maintenance Personnel: Trades Specialist Trades Specialist Maintenance W'or'ker 11 hlechanic11 Extra Help Sub't'otal Spokane County Parks and Recreation Contract with City of Spokane Vafey as of April 1, 2003 Cost allocation for maintenance and operation of Valley Park Properties: 44,844.92 25%reduction/not extra help Cost of Supplies & Materials for Maintaining Valley Parks 81,931.77 25% reduction *For estimated utility expenses see attached expense summary Cost of Equipment M &O 19,689.93 25% reduction Lin- anticipated Repairs and Maintenance due to \4other Nature and Vandalism Total Cost to the City for Operations of the Park Properties: 405,467.18 AQUATICS- 'The aquatics season dces nod start until after April, therefore not reduction in costs are calculated \4aintcnance. and Administration Parks Director Services Manager 011ice Manager Recreation Program Coordinator Mice Assistant 4 Accounting Tech 4 Trades Specialist Mechanic If Maintenance Extra Hclp Aquatics Extra help Aquatics Coordinator Pool Managers & Lifeguards Sub Total Cost allocation for maintenance and operation of Valley Pool Facilities: Cost of operating Supplies, Chemicals, Utilities, etc. for Valley Pools •For estimated utility expenses see attached expense summary Cost of Equipment M &O Total Cost to the City for Operations of the Pail Properties: 186,153.65 Cost allocation for maintenance and operation of Valley Senior Center Cast of Supplies & Materials for Maintaining Valley Senior Center • For estimated utility expenses see attached expense summary Cost or Equipment A4 &O Total Cost to the City for Operations of the Senior Center: 61,619.27 38,058.39 19,029.24 32.001.03 16,111.35 28,000.00 133,200.01 SENIOR CENTER- 'As of April 1, 2003 there would he a reduction in all costs by 25% Director 3,055.41 Services Manager 5,708.25 Office Manager 2.236.53 Senior Center Coordinator 18,664.65 Accountant Tech 4 1,771.65 Maintenance Worker 11 4,800.15 Mechanic 11 1,150.83 Extra Help (Janitor & Fins Drivers) 9,927.81 Sub Total 47 315.28 Cnund Total Operations of Parks, Aquatics & Senior Center: 653.240.10 (Year 2003) 25% reduction 25% reduction 25% reduction 25% reduction no reduction 35.000.00 no reduction 4,073.86 no reduction 7,610.94 no reduction 2,982.03 no reduction 6,014.40 no reduction 2,099.25 no reduction 4,724.30 no reduction 22.812.0 no reduction 2,557.35 no reduction 5,71 1.20 no reduction 58,585.33 4,176 90 no reduction 76,983.00 no reduction 81.159.90 27,977.00 14.700.00 no reduction no reduction 3,731.42 no reduction 9,472.52 4,494 .06 337.41 25% reduction 25% reduction 25% reduction 25% reduction 25% reduction 25% reduction 25% reduction 25% reduction 25% reduction 25% reduction 25% reduction Spokane County Parks Equipment and Machinery Package (City of Spokane Valley) Estimated Estimated Equip Current Value Replacement # Cost $10,000.00 S7,500.00 56,000.00 S6,000.00 S6,000.00 $6,000.00 $4,000.00 $4,000.00 X8,500.00 S58,000.00 $50,000.00 $45,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $40,000,00 $225,000.00 Estimated Estimated Equip Current Value Replacement # Cost S5,000.00 $10,000.00 S1,200.00 $2,500.00 $1,000.00 S6,000.00 $1,000.00 56,000.00 $8,000.00 $12,000.00 $8,000.00 $17,000.00 58,000.00 517,000.00 $8,000.00 $17,000.00 54,000.00 $8,000.00 $2,000.00 $6,000.00 540,000.00 $100,000.00 $5,000.00 520,000.00 $5,000.00 520,000.00 52,000.00 52,500.00 5400.00 $550.00 200.00 600.00 $98,800.00 5245,150.00 $156,800.00 $470,150.00 Total Total Vehicles 461 2 Ton 1974 Ford F -150 465 1 Ton 1986 Chevy C -30 428 1/4 Ton 1988 Chevy S-10 429 1/4 Ton 1988 Chevy S-10 430 1/4 Ton 1988 Chevy S-10 433 1/4 Ton 1988 Chevy S-10 508 1/4 Ton 1983 Ford Ranger 511 1/4 Ton 1983 Ford Ranger 431 1 Ton 1988 Chevy C -30 Machinery 1 Kawasaki Mule 1992 4X2 Portable Herb Sprayer 484 Haulette/Trailer 1972 485 Haulette/Trailer 1972 501 5th Wheel Trailer 1994 1 Olathe Turf Sweepers 1984 2 Olathe Turf Sweepers 1984 3 Olathe Turf Sweepers 1984 Orsi Flail Mower CR 350 Jacobsen Over Seeder 423 Toro Gang Mower 1991 10 72" Riding Mower 1992 11 72" Riding Mower 1994 Generator Weed Trimmers (4) Backpack Blower (2) ATTACIJM=FrNT "B" Miles 84,581 60,381 45,044 46,869 40,364 51,395 58,751 49,067 71,294 1652 Hours Small Small Small Medium 4547 Hours 4814 Hours 482 Hours 2711 Hours 1043 Hours 900 Hours CITY OF SPOKANE. VALLEY REQUEST :I O:K COUNCIL ACTION Agenda Bill No. DOS - /oS DATE ACTION IS REQUESTED: April 22, 2003 A:PPKOVED FOR A':I: TACIIMENTS: COUNCIL PACKET: Ordinance No. 65 City Manager li /e," Dept. Head Attorney Approve As 'ho .Form TITLE: TYPE OF ACTION: Park 8.: Recreation Ordinance X Ordinance Resolution . Motion Other SUBMITTED T EE) BY: O'tfe.ct r ac kc ava Rem yea vr+ STANK RECOMMENDS COUNCIL iVIAI(E A MOTION TO: Adopt rules and regulations for use of Parks and Recreation facilities in the City of Spokane Valley. DISCUSSION: This ordinance provides rules and regulations for use of public facilities that will be used to inform the public and provide enforcement agencies a legal means to enforce same. ALTERNATIVES: Use County Ordinance FISCAL IMPACT: None SOURCE Of FUNDS: N/A AMOUNT BUDGETED: N/A AMOUNT NEEDED FOR PROTECT: N/A CITY OF SPOKANE VALLEY SPOKANE, COUNTY, WASHINGTON ORDINANCE NO. ; AN O OF THE Ci.TY OF SPOKANE . ANE VA.L WASJ INCTON, ADOPTING RULES FOR THE USE OF PARK FACILITIES. W:I _I3:F 3A.S, the City of Spokane Valley intends to provide its parks and park facilities for the mutual enjoyment of all residents and visitors; and WHEREAS, the City Cotmeil believes it is in best interest of the City to adopt rules that regulate activities occurring within City Parks; NOW, TI-IFRE.FORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section". The :following definitions shall be used in this ordinance, A. "Alcoholic beverages" or "liquor" shall be defined as set forth in RCW 66.04.010 and shall include alcohol, spirits, wine and beer. B. - `Camping" means erecting a tent or shelter or arranging bedding or both for the purpose of, or in such a way as will pen remaining overnight; or, parking a trailer, van, recreational vehicle, bus, calliper, or other vehicle for the purpose of remaining overnight. C. "City" means City of Spokane Valley, Washington-, D. "Department" means the City oE'Spokane Valley Parks Department. E. "Department erpl oyee" means a duly appointed City of Spokane Valley Parks Department employee. F. "Director" means the City Manager or designee who is anticipated to be the .Director of the Parks Department. G. "Facility" or "Facili.ties" means any building, equipment, sign, material, shelter, swimming pool, or oilier physical property including but not limited to administered trees, shrubs plants, lawns play equlp3nenl, benches, tables, picnic areas, athletic fields, trails, parking areas for motor vchictes or structures owned by the City of Spokane Valley. .H. "Motor Vehicle" means any self - propelled device capable of being moved upon a road, and in, upon, or by which any persons or property may be transported or drawn, and shall include, but not be limited to, automobiles, trucks, motorcycles, Motor scooters, jeeps or similar type four -wheel drive vehicles, and snowmobiles whether or not they can be legally operated upon the public highways. S_ \Ordinanccs\Ordinance No. Park Facilities 2nd Vcrsion.cloc k'aec 1 I. "Open space, trails or parks" collectively referenced to as "City Parks" means any recreation or similar property under the ownership, management, or control of the City. J. "Person" means any individual, group, firm, partnership, corporation or club. K. "Trail" means any path, track, or right -of -way designed for use by pedestrians, bicycles, or other non - motorized modes of transportation. Section 2. Purpose. The City of Spokane Valley open space, trails or parks including facilities and programs of the Department are established and maintained by the City for public recreation purposes. Section 3. Hours of O pert ation. Unless otherwise established by the Director, open space, trails and parks shall be open at dawn and closed for use at 10:00 p.m. Section 4. Facility and Outdoor Field Lights. Use of facilities Sunday through Thursday shall cease at 10:00 p.m. unless otherwise approved by the Director. Use of facilities on Fridays or Saturdays shall cease at 11:00 p.m. unless otherwise approved by the Director. Section 5. Special Event Permits. Park areas and recreation facilities are available for private use by groups or organizations through a special event permit. Special event permits may include scheduling use of facilities for any community special event, private event, sports or entertainment: event involving more than routine use of a park and /or fifteen (15) or more people. Where appropriate, special conditions for the event will be established by the Department and included in the permit. The Department reserves the right to cancel a permit for good cause. If reasonably possible, notice of cancellation shall be given at least twenty -four hours in advance of the event. Section 6. Sale of Goods or Services. The sale of goods or services in City Parks or facilities shall be allowed only through written agreement with the City. Section 7. Rules Governing Use of Facilities — (Part I). A. Camping. No person shall camp in any park area or facility, unless otherwise designated. B. Fires. No person shall ignite or maintain any fire or participate in igniting, maintaining or using any fire. within open space, trail or park except in a designated barbecue unit or in a designated fire pit unless authorized by the Department. C. Food waste, washing of clothes or animals. No person shall clean fish, or other food, or wash any clothing or other articles for personal or household use, or any dog or other animal except at designated areas. s :Ordinances\Ordimmice No. Park Facilities 2nd Version,dnc Page 2 D. Game fish. All laws, rules and regulations of the State Game Commission relating to season limits, and methods of fishing are applicable to fishing for game fish in park areas. Nio person may fish for, or possess any fish taken from any river, Take, pond, stream or other body of water which is posted with a sign prohibiting fishing. L. Horseback riding. Horses are not permitted in any park area or facility. F. Littering. Littering in facilities is not permitted. All waste and garbage shall be disposed of in a garbage can or other receptacle desiened for such purpose. G. Motor vehicles on park property. No person shall operate any motor vehicle on open space, trail or park property unless such area has been specifically designated and posted for such use. No person shall operate a motor vehicle within the boundaries of a City park area except on roads, streets, highways, parking lots, parking areas, or where otherwise permitted by posting of notice. This section shall not apply to emergency, maintenance or authorized vehicles. 1-1. Motor vehicles — parking. No operator of any motor vehicle, trailer, camper, boat trailer, or other vehicle, shall park such vehicle in any facility except where the operator is using the area for the designated recreational purpose and the vehicle is parked either in the designated parking area, or in another area with the permission of a Department employee. No person shall park, leave standing, or abandon a vehicle in any facility after closing time except persons using park facilities as part of an event authorized by the Department. Any vehicle found in violation of this section may be towed away at the owner's expense. This section shall not apply to maintenance and emergency vehicles or vehicles authorized by the Department. 1. Motor vehicles — speed limits. No person shall drive a motor vehicle within any park at a speed greater than posted, having due regard for traffic, surface and width of the road, and in no event at a speed which endangers the safety or persons, property, or wildlife. J. Parking lots and roadway — games prohibited. Games of any kind are prohibited in parking lots and roadways. K. Pets. 1. Dogs, pets, or donmestic animals are not permitted on any designated picnic area, tennis courts or play area in any park or in any building unless specifically permitted by posting. This section shall not apply to animal guide dogs. 2. Dogs or other pets or domestic animals must be kept on a leash no greater than fifteen feet in length, and under control at all times. 3. Any person whose dog or other pet is in any open space, trail or park area shall be responsible for the conduct of the animal and for removing feces deposited by such animal. S: \Ordinances \Ordinance No. Park Facilities 2nd Version.doc Page 3 4. No person shall allow his or her dog or other pet or domestic animal to bite, disturb or harass any facility users, wildlife or other pets. No person shall permit his or her dog or other pet or domestic animal to bark or make noise continuously or otherwise unreasonably disturb the peace and tranquility. No person shall permit dogs, pets or domestic animals to damage, destroy or remove park vegetation. L. Presence in City facilities when closed. No person shall enter or be present in open space, trails or City facility when closed except persons using area facilities as part of an event authorized by the Department. iv1. Skateboards and rnllerblades — in designated areas only. No person shall be permitted to skateboard or rollerblade in park facilities unless otherwise designated by the Department. N. Sound amplification. No person shall use, operate or play in open space, trail or park area, any radio, tape player, disc player, television, musical instrument, record player or any other machine or device producing sound at a volume that is audible at a distance of over thirty (30) feet there from except pursuant to a permit issued by the Department. U. Swimming. Swimming shall only be permitted in posted areas. P. Tents and shelters in parks. Unless authorized by the Department, no person shall erect, maintain, use or occupy a temporary tent or shelter in any park area or facility unless there is an unobstructed view through such tent or shelter from at least two sides; provided however, that nothing in this section shall be construed to authorize overnight camping. Q. Trail use. 1. For the purposes of this section ` shall be construed to include all forms of movement or transportation on a trail, including but not limited to foot, bicycle, horse, skateboard, roller skates and roller blades. 2. Trails are open to all non - motorized users unless otherwise designated and posted. Trail restrictions may be posted at park entrances, trailheads or, in some cases, on individual trails. 3. Every person traveling on a trail shall obey the instructions of any official traffic control device or trail sign unless otherwise directed. 4. No motorized vehicles shall be allowed on City trails. For the purposes of this section "motorized vehicles," means any form of transportation powered by an internal combustion or electric motor. This includes but it not limited to motor vehicles, golf carts, mopeds and all terrain vehicles. This section shall not apply to wheelchairs powered by electric motors, or authorized maintenance, police or emergency vehicles. S:lordinances\Ordinance No. Park Facilities god vcrsion.doc Page 4 R. Trespassing. No person except an authorized City employee, or other person duly authorized shall enter or go upon any area which has been designated and posted as a "No Admittance" or "No Trespassing" area or during any time during which the park is posted as being closed to the public. S. Washing of Vehicles. No person shall clean or wash any motor vehicle in any park area except in areas specifically designated for that use. Section 8. Violation. Any person violating any provision of Section 7 of this Ordinance shall have committed a Class 1 Civil Infraction. Section 9. Rules Governing Use of Facilities — (Park ll). A. Alcohol Consumption. No person shall knowingly allow, conduct, hold, maintain, or participate in a gathering of live (5) or more persons on open space, trails or parks where alcoholic beverages are possessed by individuals and/or provided by a host and consumed at said place without first obtaining a permit from the Department. Application for Alcoholic Beverage Permit. Application for permits shall be in writing and filed with the Department. Application shall be filed no less than ten (10) days prior to the gathering at which alcoholic beverages will be consumed. Fees for such permits shall be established by Council Resolution. The Department shall prescribe the form of the application which shall include, name and age of applicant, public place where permit is to be used, type of activity, date of activity, measures to control the consumption of alcoholic beverages and such other matters as deemed appropriate by the Department. The Director shall review and approve the application within five (5) days from receipt. The Director may impose reasonable conditions upon the permit. A denial by the Director may be appealed to the City Council within ten (10) days from the date of the denial. B. Damage to property. No person shall remove, damage, or destroy park facilities. C. Damage to wildlife.. Except for fishing and shell fishing in authorized areas and subject to rules promulgated by Washington State Fish and Wildlife Commission, it is unlawful in any park to capture, attempt to capture, tease, annoy, disturb, or strike any bird or animal, or to throw or otherwise propel any object at or in the vicinity of any bird or animal. D. Dumping in water prohibited. No person shall deposit any waste or refuse of any nature, including human or animal waste, into any river, stream, lake or other body of water running in, through, or adjacent to any City Park. E. Firearms, weapons. No person except duly authorized law enforcement personnel shall possess a firearm, bow and arrow, crossbow, or air or gas weapon in City Park. No person shall discharge across, in, or onto any facility a firearm, bow and arrow, crossbow, air or gas weapon, or any device capable of injuring or killing any person or animal, or damaging or s:\Ordin;tnces\Ordinance No. Park Facilities 2nd vetsion.doc Page 5 destroying any public or private property. This section shall not apply where the Department issued a special event permit for such activity. F. Fireworks. No person shall possess, discharge, or cause to be discharged, in any City Park, any firecracker, torpedo, rocket, firework, explosive, or similar devise unless so authorized by the Department. G. Interference with trails. No person shall place, deposit, or otherwise locate any object, structure or device, whether natural or artificial, that threatens or endangers any trail, or that threatens or endangers any person traveling thereon. This section shall not apply to City employees in the performance of their duties or to persons acting pursuant to written direction of the City. H. Outside household or commercial wastc. No person shall bring in or deposit household or commercial garbage, refuse, waste, or rubbish which is brought in such form from any private property, in any City Park or facility garbage can or other receptacle. I. Removal of property. No person shall remove any City property from a City Park or facility without the permission of the Department. J. Solicitation. No person shall solicit, sell, or peddle any goods, services, food or drink, or distribute or post any handbills, circulars, or signs, or use any loud speaker or other amplifying devise, in any City Park, except by contract or by permit issued by the Department. K. Waste from vehicles. No person shall drain or dump refuse or waste from any trailer, camper, automobile or other vehicle in any City Park or facility. Section 10. Violations. Any person violating any provision of Section 9 of this ordinance. shall be guilty of a misdemeanor. Section 11. Administrative Sanctions. In addition to any prescribed penalty, any person failing to comply with any provision of this chapter shall be subject to the loss of park or recreation facility use privileges. Section 12. Rules and Policy. The City Manager or designee may develop rules, policies and forms to implement this ordinance. All adopted rules, policies and forms shall be filed with the City Clerk. Section 13. Severability. if any section, sentence, clause or phrase of this ordinance shall 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 14. Effective Date. This Ordinance shall be in full force and effect five (5) days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. s :Ord inances\Ordinance No. Park Facilities 2nd Version.doc Page 6 ATTEST: PASSED by the City Council this day of April, 2003. Interim City Clerk, Ruth Muller Approved as to Form: Interim City Attorney Stanley M. Schwartz Irate of Publication: Effective bate: S:1Urdinanses1QTdinance No. Park Facilities 2nd Vcrsion.doc Mayor, Michael DeVleming Page 7 CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -114 DATE ACTION I REQUESTED: April 22, 2003 Ordinance ATTACHMENTS: Resolution Agreement No. CO3 -114 CityMa �a er X Motion APPROVED FOR COUNCIL PACKET: Dept. Head Attorney Approve As To Form TITLE: Computer Software TYPE OF ACTION: Package Other SUBMITTED BY: Interim Deputy Manager and Finance Director STAFF RECOMMENDS COUNCIL NUKE A MOTION TO: "Authorize the City Manager to enter into contract for 5208,564 with Edens Systems for Financial and permitting Software as presented at Council meetings of April 8 and l5th ". DISCUSSION: City staff conducted preliminary evaluations of several software systems for financial and permitting. When the initial staff design criteria had been determined and the Finance Director and 1 had narrowed down the field, we asked our computer consultants to research the remaining applications and hardware requirements /compatibilities of the web based offerings. We will make a short review of how we got to the final conclusion. ALTERNATIVES: Continue to use Excel spreadsheets for accounting. Use manual forms /tracking of building and land use permitting functions. Postpone the business registration project. FISCAL IMPACT: SOURCE OF FUNDS: Gen. Government Fund for financial and Business. Building department for permitting applications AMOUNT BUDGETED FOR SOFTWARE: $241,513.00 AMOUNT NEEDED FOR SOFTWARE: 5208,564.00 April 16, 2003 Mr. Bob N..ck Finance Director City of Spokane Valley 11707 East Sprague Suite 106 Spokane Valley, Washington 99206 Dear Mr. Noack: Enclosed please find two sets of original software License Agreements for the City's acquisition of our lnforum Gold software suite. I have executed both sets. Please have these signed by the appropriate individual {s} and return one of them to me at your earliest convenience. Once I have received an executed copy of the License Agreement, I can forward it to our Project Coordination group so they can start the scheduling process as soon as possible. We will be designating a Project Coordinator or "point person" for this implementation. In the interest of establishing clear communication channels for this project, we would ask that you appoint someone to serve in that capacity for the City. I would again like to thank you and the rest of your staff for the time you have spent with us and for your confidence in Eden Systems and our product set. We are excited about adding the City of Spokane Valley to our group of satisfied clients. Again, thank you for your business. If you have any questions or I can be of additional assistance, please feel free to call. 1 am generally available at 800.328.0310. Respectfully, Ed Torkelson President 0„kviele. Cc: Mike Boots EDEN _systems 507 Industry Drive Seattle, WA 98188 Ph: 1 800 328 0310 Fax: 1 206 575 9015 www.edeninc.com Moa ck Interim Finance Officer City of Spokane Valley - 2003 Budget Computer - Software 2003 Budget Building Dept. Software $52,290.00 (Page 53) • General Government Financial System Software Business Registration • (Page 58) Eden Software $1 74,763.00 $14,460.00 $241,513.00 All Modules $208,564.00 ADEN systems Eden Systems Incorporated Software License and Use Agreement THIS AGREEMENT, made and entered into by and between Eden Systems, Incorporated (hereinafter "Licensor"), a corporation duly authorized and existing under the State of Washington and having its principal offices at 507 Industry Drive; Tukwila, Washington 98188, and the City of Spokane Valley, Washington, (hereinafter "Licensee "), a government organization having its principal offices at 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washington, 99206. Licensor desires to grant to Licensee, and Licensee desires to acquire from Licensor a non - exclusive, non- transferable right and license to use certain computer software as hereinafter defined. Both parties agree they are able to comply with and will satisfy the terms and conditions as set forth in this Agreement. Both parties, intending to be legally bound, agree to the following: License Agreement SECTION 1 - DEFINITIONS The definition of terms set forth in this section shall apply when such terms are used in this Agreement, its exhibits, and any amendments: 1.1 "Licensed Program." The computer program specifically identified within the Exhibits herein as applications within the lnForum Gold product line, including object code, as well as related procedural code, and documentation of any type which describes it. 1.2 "Licensed Documentation." The system and other documentation made available by Licensor, for the Licensed Program. 1.3 "Enhancements." Changes or additions, other than Maintenance Modifications, to the Licensed Program or Licensed Documentation that add significant new functions or substantially improved performance thereto by changes in system design or coding. 1.4 "Error." Problem caused by incorrect operation of the computer code of the Licensed Program or an incorrect statement or diagram in Licensed Documentation that produces incorrect results or causes incorrect actions to occur. 1.5 "Error Correction." Either a software modification or addition that, when made or added to the Licensed Program, establishes material conformity of the Licensed Program to the Licensed Documentation, or a procedure or routine that, when observed in the regular operation of the Licensed Program, eliminates the practical adverse effect on Licensee of such non - conformity. 1.6 "Maintenance Modifications." Modifications or revisions to the Licensed Program or Licensed Documentation that correct Errors. 1.7 "Specifications." The functional performance parameters of the Licensed Program effective on the date of this Agreement, as set forth in Licensed Documentation. 1.8 "Proprietary Information." Unpublished "know - hove!' and "trade secrets" which shall include, without limitation, computer programs, program designs, algorithms, subroutines, system specifications, test data, charts, graphs, operation sheets, and all other technical information, owned by Licensor or under its control, relating to the development and production or use of the Licensed Program and the design, configuration, programming, and protocol of the Licensed Program. 1.9 "Normal Working Hours." The hours between 5AM and 5PM Pacific Time, on the days Monday through Friday, excluding regularly scheduled holidays of Licensor. 1.10 "Releases." New versions of the Licensed Program, as specified by Licensor, which new versions may be prompted by Error Corrections and/or Enhancements. 1.11 "Support Agreement Term." A fiscal year, commencing on January 1 and ending on December 31, during which support and services are provided subject_to_the terms and conditions set forth in Section 9, Software Support. Page 1 04/16/03 SECTION 2 - GRANT OF LICENSE 2.1 Scope of License. Subject to compliance by Licensee with the terms hereof, Licensor hereby grants to Licensee, in perpetuity unless terminated as provided herein, a personal, non- exclusive, nontransferable license (without the right of sublicense), to: a. Install, use, and execute the Licensed Program on computers owned or leased and used by Licensee at its facilities, for up to the number of concurrent users specified in this Agreement in Exhibit A, for the sole and express purpose of supporting the internal business activities of Licensee; and b. Use the Licensed Documentation only in conjunction with installation and use of the Licensed Program. 2.2 Delivery of Materials. Licensor shall deliver one copy of the Licensed Program and Licensed Documentation to Licensee within a reasonable time following final execution of this Agreement. 2.3 Minimum Hardware and Software Requirements. Licensee acknowledges that in order to be executed, Licensee's computers must meet or exceed the minimum published hardware, software and communication requirements for the Licensed Program. Licensee agrees such requirements are subject to change, and that future versions of the Licensed Program may have different hardware and software requirements than those presently in effect. The acquisition of necessary hardware and software meeting the requirements then in effect shall be the sole responsibility of Licensee. Licensee acknowledges that Licensor software support does not cover third party software unless otherwise specified. 2.4 Necessity for Third -party Software. Licensee acknowledges that in order to be executed, the Licensed Program requires certain third -party software not provided by Licensor. The acquisition of necessary licenses and support for this software shall be the sole responsibility of Licensee. Licensor will provide specifications for this third -party software upon request of Licensee. Licensee acknowledges that Licensor software support does not cover third party software unless otherwise specified. 2.5 Assignment of Rights in Licensee Maintenance Modifications and Enhancements. All right, title, and interest in all Maintenance Modifications and Enhancements developed by Licensee during the term of this Agreement remains with Licensor. Licensee agrees that such Maintenance Modifications and Enhancements shall be used by Licensee, and will not be distributed or otherwise made available to any third party other than Licensor. 2.6 Availability of Licensor Enhancements. Licensor agrees 10 offer to Licensee a license to Enhancements that Licensor develops and offers generally to licensees of the Licensed Program according io the terms under Section 9.1.b. 2.7 Licensee Notification and Delivery of Materials. Licensee shall notify and deliver to Licensor one copy of any Maintenance tvtodificalions and Enhancements developed by Licensee within a reasonable period after development. SECTION 3 - TITLE TO MATERIALS 3.1 Title to Licensed Program and Licensed Documentation. All right, title, and interest in and to the Licensed Program and Licensed Documentation, including the media on which the same are furnished to Licensee, are and shall remain with Licensor. Licensee acknowledges that no such rights, title, or interest in or to the Licensed Program and the Licensed Documentation is granted under this Agreement, and no such assertion shall be made by Licensee. Licensee is granted only a limited right of use of the Licensed Program and Licensed Documentation as set forth herein, which right of use is not coupled with an interest and is revocable in accordance with the terms of this Agreement. 3.2 Title to Enhancements and Maintenance Modifications; Restrictions on Use, Disclosure, Access, And Distribution. All right, title, and interest in and to any Enhancements and Maintenance Modifications developed by either Licensor or by Licensee shall be and remain with the Licensor. Licensee shall treat all such Enhancements and Maintenance Modifications in accordance with the restrictions and limitations set forth herein respecting Licensed Programs and Licensed Documentation. SECTION 4 - FEES AND PAYMENTS 4.1 License Fee. In consideration of the licenses granted hereunder, Licensee shall pay Licensor a one -time license fee as well as other associated costs as further defined in Exhibit A, attached hereto. 4.2 Software Support. Software Support is subject to the terms and conditions of Section 9, Software Support, and may be offered, at the Licensors sole option, on a year by year basis. 4.3 Per Diem. Charges for meals and incidental expenses associated with the delivery of the Licensed Program will be charged on a per diem basis. The rate for such per diem shall be the maximum meals and incidental License Agreement Page 2 04/16/03 expenses allowed for Licensee's locality as specified in 41 CFR Section 301 Appendix A of the code of Federal Regulations. 4.4 Other Costs. Other costs, including but not limited to air /train /taxi fare, charges for reasonable and normal travel time to and from the Licensee site, parking, freight costs, reproduction charges, and other incidental expenses incurred by Licensor on account of this Agreement, shall be billed to the Licensee. 4.5 Administrative Fee. Licensor shall have the right to charge Licensee a monthly administrative fee of 1% or $5.00 (whichever is greater) for all undisputed invoices which are over 30 days past due. 4.6 Payment. Payment for all fixed fees and charges shall be in accordance with the payment schedule set forth in Exhibit B — Billing /Payment Schedule. Payment for all estimated fees and charges shall be in accordance with the terms and conditions set forth in Exhibits D - Services and E — Committed Modifications. 4.7 Taxes. The fees and charges specified in this section are exclusive of any federal, state, or local excise, sales, use, and similar taxes assessed or imposed with respect to the service and support provided hereunder. Licensee shall pay any such amounts upon request of Licensor accompanied by evidence of imposition of such taxes. SECTION 5 - PROPRIETARY PROTECTION OF MATERIALS 5.1 Acknowledgment of Proprietary Materials; Limitations on Use. Licensee acknowledges that the Licensed Program and Licensed Documentation are unpublished works for purposes of federal copyright law and embody valuable confidential and secret information of Licensor, the development of which required the expenditure of considerable time and money by Licensor. Licensee shall treat the Licensed Programs and Licensed Documentation in confidence and shall not use, copy, or disclose, nor permit any of its personnel to use, copy, or disclose the same for any purpose that is not specifically authorized under this Agreement. In the event of a public records request for the Licensed Program and Licensed Documentation, Licensee shall promptly provide a copy of such request to Licensor so that it has at least seven business days from Licensor's receipt of such copy in which to seek an order restraining the Licensee from disclosing the Licensed Program and Documentation pursuant to such public records request. If Licensor does not obtain a restraining order within such period of time, Licensee may disclose the Licensed Program and Licensed Documentation pursuant to such public request as Licensee deems appropriate. 5.2 Secure Handling. Except for copies of the Licensed Program installed and operated upon its computers as permitted hereunder, Licensee shall require that the Licensed Program and Licensed Documentation be kept on Licensee's premises which shall be maintained in a manner so as to reasonably preclude unauthorized persons from gaining access thereto, and Licensee shall permit access only as necessary for either party's use thereof in accordance with the terms of this Agreement. 5.3 Proprietary Legends. Licensee shall not permit anyone other than Licensor to rernove any proprietary or other legend or restrictive notice contained or included in any material provided by Licensor. 5.4 Reproduction of Licensed Documentation. Licensee may reproduce the Licensed Documentation provided by Licensor, provided that such reproductions are for the private internal use of Licensee, and all such reproductions bear Licensor's copyright notices and other proprietary legends. 5.5 Injunctive Relief. Licensee recognizes and acknowledges that any use or disclosure of the Licensed Program or Licensed Documentation by Licensee in a manner inconsistent with the provision of this Agreement may cause Licensor irreparable damage for which remedies other than injunctive relief may be inadequate. In the event of such a violation of this Agreement. Licensor shall be entitled, upon application to a court of competent jurisdiction, to a temporary restraining order or preliminary injunction, to restrain and enjoin Licensee from such violation, without prejudice to any other remedies available to Licensor. 5.6 Technical Protections. Licensor may from time to time prescribe password protection as an additional security measure for the Licensed Program, and Licensee shall cooperate with Licensor in connection therewith. 5.7 Survival of Terms. The provisions of Sections 5.1 through 5.6 shall survive termination of this Agreement for any reason. SECTION 6 - LIMITED WARRANTY, LIMITATION OF LIABILITY, AND INDEMNITY 6.1 Limited Warranty Against Infringement. Licensor warrants that the Licensed Program and Licensed Documentation as delivered to Licensee do not infringe any third -party rights in patent, copyright, or trade secret in the United States. 6.2 Limited Warranty of Conformity. Licensor warrants, for the benefit only of Licensee, that for the life of the Agreement, the Licensed Program will conform in all material respects to the Licensed Documentation (except for modifications made by Licensee or by Licensor at the request of Licensee), but only if Licensee maintains uninterrupted Software Support as described in Section 9. Licensor assumes no responsibility for obsolescence License Agreement Page 3 04/16/03 of the Licensed Program or for lack of conformity occurring from Licensee's failure to update the Licensed Program with distributed Enhancements, Maintenance Modifications, or Error Corrections. 6.3 Exclusive Remedy. As the exclusive remedy of Licensee for any nonconformity or defect constituting an Error in the I_icerised Program for which Licensor is responsible, Licensor shall use commercially reasonable efforts to provide Maintenance Modifications with respect to such Error. However, Licensor shall not be obligated to correct, cure, or otherwise remedy any Error in the Licensed Program resulting from any (1) modification of the Licensed Prograrn by Licensee, or (2) failure of Licensee to notify Licensor of the existence and nature of such nonconformity or defect promptly upon its discovery. 6.4 Disclaimer. Except as specifically set forth herein, Licensor makes no warranties, whether expressed or implied, regarding or relating to the Licensed Program or Licensed Documentation or to any other materials furnished or provided to Licensee hereunder. Licensor specifically disclaims all implied warranties of merchantability and fitness for a particular purpose with respect to said materials of the use thereof. 6.5 Limitation of Liability. Except with respect to liability arising from claims of infringement of third -party rights in the United States in copyright, trade secret, or patent, in no event shall Licensor be liable under any claim, demand, or action arising out of or relating to its performance or lack thereof under this Agreement for any special, indirect, exemplary, or consequential damages, whether or not Licensor has been advised of the possibility of such claim, demand, or action. 6.6 Licensee Indemnification. Licensee shall and does hereby agree to indemnify, hold harrnless, and save Licensor from liability against any claim, demand, loss or action (1) resulting from Licensee's use or modification of the Licensed Program and Licensed Documentation and (2) alleging that any Maintenance Modifications made by Licensee infringe any third -party rights in the United. States respecting copyright, trade secret, or patent. 6.7 Licensor Indemnification. Licensor shall and does hereby agree to indemnify, hold harmless, and save Licensee from liability against any claim, demand, loss, or action alleging that the Licensed Program and Licensed Documentation or any Maintenance Modifications or Enhancements made by Licensor infringe any third -party rights in the United States respecting copyright, trade secret, or patent. 6.8 New Platform Protection. As long as Licensee maintains a continuous software support agreement with Licensor for each of the modules included herein, Licensee shall have the right to transfer the licenses for any and all modules to any new hardwarefplatform environment (hardware and system software as defined herein) then currently marketed and supported by Licensor. Licensee agrees to pay for any services and out -of- pocket costs associated with the migration to the new platform. The service costs will be billed at a rate not to exceed costs charged to other clients for similar tasks. 6.9 Bankruptcy /Support Cessation. The term "default" as used in this Agreement(s) shall include the institution of proceedings by or against Licensor under federal or state bankruptcy laws and assignment or receivership for the benefit of creditors. Licensee rights to a complete and documented copy of all related source code, with the exception of source code for the Cashiering Module or any third -party products, corresponding to the then - current released version of the Licensed Program as operated by Licensee (for internal use only and not for resale) shall precede any bankruptcy proceedings and stand before any trustee's claims for the benefit of creditors. In the event that Licensor ceases to provide support for Licensed Program, Licensee shall have the same rights as if Licensor had declared bankruptcy. 6.10 Survival of Terms. The provisions of Sections 6.1 through 6.7 shall survive termination of this Agreement. SECTION 7 - TERM AND TERMINATION 7.1 Term. This Agreement shall commence on the date and year contained herein and shall continue until terminated in accordance with the terms thereof. 7.2 Termination by Either Party. Either party may terminate this Agreement upon 60 days written notice to the other party if the other party commits a breach of any term hereof and fails to cure said breach within that 60 -day period. Such notice shall set forth the basis of the termination. 7.3 Actions Upon Termination. Upon termination of this Agreement for any reason, Licensee shall immediately cease use of, and return forthwith to Licensor, the Licensed Program and Licensed Documentation, and any copies or portions thereof, including Maintenance Modifications or Enhancements. SECTION 8 - MISCELLANEOUS 8.1 Entire Agreement. This Agreement constitutes the entire Agreement between the parties and supersedes all proposals, presentations, representations, and communications, whether oral or in writing, behveen the parties on this subject. Neither party shall be bound by any warranty, statement, or representation not contained herein. In License Agreement Page 4 04/16/03 the event of any conflict in the terms and conditions of this Agreement, the documents shall control in the following order: This Software License and Use Agreement; r,. Licensor's Response to Licensee's Request for Proposal, if applicable; c. Licensee's Request for Proposal, if applicable. 8.2 No Assignment. Licensee shall not sell, transfer, assign, or subcontract any right or obligation hereunder without the prior written consent of Licensor. Any act in derogation of the foregoing shall be null and void; provided, however, that any such assignment shall not relieve Licensee of its obligations under this Agreement. 8.3 Force Majeure. Excepting provisions of this Agreement relating to payment of license fees, and protection of Licensor's Proprietary Information, neither party shall be in default of the terms hereof if such action is due to a natural calamity, or similar causes beyond the control of such party. 8.4 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Venue for all actions shall be in a court of competent jurisdiction in the State of Washington. 8.5 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement will remain in full force and effect. 8.6 Notice. Any notice required or permitted to be made or given by either party under this Agreement shall be made in writing and delivered by hand or by certified mail, postage prepaid, addressed as first set forth above or to such other address as a party shall designate by written notice given to other party. 8.7 Acceptance Testing. Within twenty (20) business days of Licensor's notification to Licensee that the Licensed Program or portion thereof is installed and the applicable training administered, Licensee shall begin performance of Acceptance Testing, for the sole and express purpose of determining whether the Licensed Program operates as described in the Licensed Documentation. Licensee must complete such Acceptance Testing within sixty (60) days of commencement of testing. If the Licensee uses the Licensed Program for productive purposes, the Licensed Program shall be deemed to be accepted under the provisions of this Agreement. The passage of the sixty (60) day testing period without official written notification from Licensee to Licensor that module of Licensed Program has failed Acceptance Testing indicates that the nodule is accepted and that any portion of the license fees attached to Licensed Program's acceptance are due and payable. Such Acceptance shall not be unreasonably withheld. The sole reason for non- acceptance shall he the non - conformity of the software to the documentation. 8.8 Failure of Acceptance Testing, Retesting. If the Licensee demonstrates that the Licensed Program does not successfully pass Acceptance Testing, the Licensee shall notify Licensor in writing ("first notice of failure ") and shall specify with as much detail as possible in which respects the Licensed Program failed to pass the Acceptance Testing. Licensor shall make such necessary corrections and modifications in the Licensed Program to establish a reasonable basis for additional Acceptance Testing within a period of thirty (30) days from the first notice of failure. Licensor shall notify Licensee when such retesting can begin and the Licensee shall complete Acceptance Testing within a period of ten (10) business days from the date of notification. If the parties agree that the Licensed Program continues to fail Acceptance Testing, the Licensee shall notify Licensor in writing of the Licensee's intention to terminate and if the Licensor fails to remedy the defect within (60) days of receipt of said notification, the Licensee has the right, at its option, to terminate the Agreement by giving written notice of such termination to the Licensor. Upon the Licensee's termination of this Agreement due to failure of the second Acceptance Test, the Licensee shall promptly return the Licensed Program and documentation and all related materials to the Licensor. 8.9 Acts of Insolvency. The Licensee may terminate this Agreement by written notice to the Licensor if the Licensor becomes insolvent, makes a general assignment for the benefit of creditors, suffers or permits the appointment of a receiver for its business or assets, becomes subject to any proceeding under any domestic bankruptcy or insolvency law or publicly announces liquidation proceedings. 8.10 Insurance. During the term of this Agreement, Licensor shall maintain an appropriate level of insurance against all personal and property damage caused by Licensor's employees while on Licensee's premises and shall exhibit certificates of evidence of such insurance upon request by Licensee. A copy of that certificate is attached to this agreement. 8.11 Equal Opportunity Employer. Licensor shall not discriminate in its recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age, or physical handicap in the performance of this Agreement. 8.12 Source Code. Licensor agrees to provide Licensee with the source code to the then - current version of the Licensed Program annually upon Licensee's request. Licensor does not have access to and, therefore, cannot provide source code for the Cashiering Module or any third -party products. License Agreement Page 5 04/16/03 8.13 Cooperative Purchasing. Other municipal agencies in the same state may acquire the software products and services described in this contract under terms equivalent to this contract; provided that if a municipality requests additional user, equipment, or service units, Licensor may adjust the price by the per unit or per service rate provided in this contract. The provisions of this paragraph (8.13) shall terminate one year from the last execution date on this agreement. 8.14 Agreement Not to Hire. Neither party shall, directly or through one or more subsidiaries or other controlled entities, actively recruit any programmer, trainer, or member of a data processing, Licensee support or implementation team of the other at any time when such person is employed or engaged by such party or during the twelve (12) months after such employment or engagement ends. This provision will remain in effect during the term of this Agreement and for a period of one (1) year after expiration or termination of this Agreement. SECTION 9 - SOFTWARE SUPPORT 9.1 Scope of Service. Licensor shall render support and services during Normal Working Hours for the following: a. Telephone Support - Calls for assistance related to operation of the Licensed Program, reporting of a potential error condition or abnormal termination of a program, or request for minor assistance related to the Licensed Program; a. Support Enhancements - Selected Enhancements, the nature and type of which shall be determined solely by the Licensor. Such provision shall not preclude Licensor from providing other Enhancements of the Licensed Program for license fees, training charges, and other related service fees and charges. • c. Source Code Maintenance - Library of Licensed Program maintained by Licensor for Licensee complete with modifications authorized by Licensee and performed by Licensor. This provision does not apply to the Cashiering Module or to third -party products. d. Software Warranty — If Licensee obtains Software Support from Licensor, and such Software Support is in effect without interruption from inception of this Agreement, then Licensor will warrant the Licensed Program to be free of errors for the life of this Agreement. 9.2 Fees and Charges. Licensee shall pay Licensor annual support charges based on an annual rate determined by Licensor at the beginning of each Support Agreement Term. Such annual rate shall be multiplied times the amounts shown in Exhibit A under the column headed "License Fee (Support Basis)' for each covered product. No increase in the support rate shall be in excess of 10% of the support rate for the prior year. All annual support charges are due and payable on or before the 1 working day of each Support Agreement Term. For those modules installed part way through a calendar year, the software support amounts will be pro -rated from the onset of training for the module until the end of the calendar year in which training begins. The initial annual support rate shall be 18% of the license fees for each module. Failure to make such payment shall constitute cancellation and termination of support by Licensee and no further service or support will be provided by Licensor. 9.3 Licensee Responsibilities. Licensee shall be responsible for the procuring, installing, and maintaining all computer equipment, telephone lines, communications interfaces, and other hardware necessary to operate the Licensed Program and to obtain from Licensor the services called for according to Licensor's then existing policy. 9.4 Proprietary Rights. To the extent that Licensor may provide Licensee with any Error Corrections or Enhancements or any other software, including any new software programs or components, or any compilations or derivative works of the Licensed Program prepared by Licensor, Licensee may (1) install copies of the Licensed Program adequate to serve the concurrent users specified in this Agreement in Exhibit A, in the most current form provided by Licensor, in Licensee's own facility; and (2) use such Licensed Program in a manner consistent with the requirements of the Agreement, for purposes of serving Licensee's internal business needs. Licensee may not use, copy, or modify the Licensed Program, or make any copy, adaptation, transcription, or merged portion thereof, except as expressly authorized by Licensor. The Licensed Program is and shall remain the sole property of Licensor, regardless of whether Licensee, its employees, or contractors may have contributed t� the conception of such work, joined in the effort of its development, or paid Licensor for the use of the work product. Licensee shall from time to time take any further action and execute and deliver any further instrument, including documents of assignment or acknowledgment that Licensor may reasonably request in order to establish and perfect its exclusive ownership rights in such works. Licensee shall not assert any right, title, or interest in such works, except for the non- exclusive right of use granted to Licensee at the time of its delivery or on -site development. 9.5 Disclaimer of Warranty and Limitation of Liability. Except as expressly set forth herein, Licensor expressly disclaims any and all warranties concerning the system or the services to be rendered hereunder, License Agreement Page 6 04/16/03 Whether expressed or implied, including without limitation any warranty of merchantability or fitness for a particular purpose_ 9.6 Termination of Support. Support for all Modules except Cashiering may be terrninated as follows: • Upon the termination of the License Agreement; or b. Upon notification by either party to the other, at the beginning of any Support Agreement Term; • Upon 60 days' prior written notice if the other party has materially breached the provisions of this Agreement and has not cured such breach within such notice period. 9.7 Support for Cashiering Module. The Cashiering Module requires annual software support for continued operation. If Licensee terminates support for this Module, the Module will automatically become disabled at the end of the Support Agreement Term. License Agreement Page 7 04/16/03 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as set forth below. [Licensee] Sy: Authorized Signatures Signature: Signature: 0 \ jrii t E4_ , Title: Title: President [Licensor] Eden Systems, Inc. By: Ed Torkelson Date: Date: L-f _ f C, License Agreement Page 8 04/16/03 Eden Systems, Inc. Software License and Use Agreement Exhibits Section Exhibit A — Eden Systems Deliverables Exhibit B — Billing /Payment Schedule Exhibit C — Required Third Party Products, Minimum Hardware Requirements Communication and Connectivity Requirements Exhibit D — Services & Authorized Sub - agencies Exhibit E— Committed Modifications & Standard Forms Customization Exhibit F — Licensor - supplied Third -party Products Exhibit G — ESRI Products and Services . License Agreement Page 9 04/16/03 Products, Service & Equipment License Fee (Support Basis) License Fee (No Support) Discount Amount Net License Fee On- Site Trips Traln & Install Days Data Conv. Days Proj Mgmt Days Other Days Total Service Cost Expenses & Taxes Total Cost Database, Tools, Setup $ $ $ $ $ $ $ System Administration - 1 3.0 - 2.0 6,000.00 1,000.00 7,000.00 Database Setup - 1 0.5 - - 600.00 500.00 1,100.00 Hardware, O/S Setup 3,000.00 - 3,000.00 - 3 0.5 12.0 - - - 600.00 16,800.00 200.00 3,600.00 800.00 23,400.00 Crystal Reports 2.0 Supported Applications - - Financial Products - - Core Financial Module. - - GIL, A/P 30,000.00 30,000.00 - 6 11.0 - 5.0 19,200.00 4,600.00 23,800.00 Purchasing 6,000.00 6,000.00 - - 4.0 - 2.0 7,200.00 800.00 8,000.00 Requisitioning 4,000.00 4,000.00 - - 2.0 - 1,0 3,600.00 400.00 4,000.00 Budget Preparation 12,000.00 12,000.00 - 1 2.0 - 1.0 3,600.00 800.00 4,400.00 Accounts Receivable 8,000.00 8,000.00 - 2 6.0 - 2.0 9,600.00 2,000.00 11,600.00 Project Accounting 16,000.00 16,000.00 - 2 8.0 - 4.0 14,400.00 2,400.00 16.800.00 Fixed Assets 12,000.00 12,000.00 - 1 3.0 - 1.5 5,400.00 1,000.00 6,400.00 Web Applications 30,000.00 30,000.00 - 2 6.0 - 2.0 9,600.00 2,000.00 11,600.00 Payroll Products - - Payroll 30,000.00 30,000.00 - 6 13.0 - 4.0 20,400.00 5,000.00 25,400.00 Position Budgeting 5,000.00 5,000.00 - - 1.0 - 1.0 2,400.00 200.00 2,600.00 HR/Applicant Tracking - - - GIS Products - - Parcel Manager 20,000.00 20,000.00 - 2 4.0 - 3.0 8,400.00 1,600.00 10,000.00 Permits & Inspections 45,000.00 45,000.00 - 4 12.0 7.0 22,800.00 4,000.00 26,800.00 Utility Billing - - Business Registration 15,000.00 15,000.00 - 2 8.0 - 2.0 12,000.00 2,400.00 14,400.00 Other Products & Services - - Eden Menus 3,000.00 3,000.00 - Data Dictionaries 1,500.00 1,500.00 - - CIR Interface - - Standard Forms Creation - 8.5 10,200.00 10,200.00 Sales Tax - 264.00 264.00 Totals_ , �, :. ' ; , ,S, -_ - 237,;500,11,S i ;,‘3,000,.14, _237r50,0' ,;.s... ;3 _x000, i ,331, , , 96'Otd . ,F; . ; :39'; r;' - 4.815 } r A'`1.7 +2 S ;::32r764 . : :1$y2Q8 5,64.00.; License Agreement Exhibit A - Eden Systems Deliverables City of Spokane Valley, Washington InForum Gold Installation - 20 Concurrent Users Page 10 Date 04 -16-03 License Agreement Notes to Exhibit A - City of Spokane Valley, Washington Eden Systems Deliverables — 20 Concurrent Users The items in Exhibit A are products and services delivered to Licensee from Licensor. Product support and maintenance is obtainable directly from Licensor for those items totaled under the "License Fee (Support Basis)" column only. All support and maintenance for other items priced under the column "License Fee (No Support)" must be obtained by Licensee directly from the original manufacturer or supplier. • Please note that the requirements for Data Conversion and Project Management days are estimates. You will be billed for the actual costs as documented. Eden will provide an accounting of the employees who performed the work and the work they performed. • This is an estimate of the travel costs associated with this implementation. Although we will make every effort to utilize trainers from the closest office, schedules may sometimes dictate that we user trainers from other parts of the country. You will be billed for the actual costs as documented. • The costs shown for Standard Forms Creation are fixed fees based on $600 per form. This cost assumes that Licensee will use Licensor's standard formats and that Licensor will modify those to accommodate Licensee's names, addresses, phone numbers, emblems, logos, and bank account numbers, etc. Modifications in actual formatting will require additional effort and will be billed at Licensor's standard hourly rates. Page 11 04/16/03 :Pr;oduct, S.eniice E quipment :'.O,n Executign _'O'n}Delivery - As•Accepted As: Progress �. ; ` 16ccu rs 3: 4:'' v , Tto`taIs ` S - $ - $ - $ - $ - License Fees - Training & Installation 115,200.00 115,200.00 Data Conversion 47,400.00 47,400.00 Project Management - Fomis Customization 10,200.00 10,200.00 Additional Implementation Services - Undesignated Programming Services - Third -party Products 3,000.00 3,000.00 Expenses - Estimated 32,500.00 32,500.00 Sales Tax 264.00 264.00 .. _ - Totals : ' ' ' . ' a;264.09 . S • � � i' $ , _!, ' ,� � �• 205'3 � . ... OQ 00' ' ''$ ' `2 :00 0,8;564 _ . .._ -. _. License Agreement Exhibit B - Payment Schedule City of Spokane Valley, Washington InForum Gold Installation Page 12 Date 04 -16 -03 Workstation Software • Microsoft Windows XP Professional • Microsoft Windows 2000 Professional • Microsoft Windows NT Workstation 4.0 (SP6) • Microsoft Windows 98 • Microsoft Windows 95 • Microsoft Data Access Components (MDAC) 2.5 or higher Database Server Operating System • Microsoft Windows 2000 Server • Microsoft Windows NT Server 4.0 (SP6) • UNIX Database Software • Microsoft SQL Server 2000 • Microsoft SQL Server 7.0 • Informix v7.31 • Oracle Bi Release 2 Application Server (If Applicable) • Microsoft Windows 2000 Server • Microsoft Windows NT Server 4.0 (SP6) Web Server (If Applicable) Exhibit C Required Third -Party Software and Tools' • Microsoft Windows 2000 Server • Microsoft Windows NT Server 4.0 (SP6) • Microsoft Internet Information Server (IIS) 4.x or higher 1 These requirements are subject to change as technology evolves and new products become available. To be eligible for Software Support in future years, Licensee will be responsible for ensuring compliance with those future requirements. Licensor agrees to dive Licensee reasonable prior notification before new requirements become effective. 2 Although some processes will perform acceptably under Windows 95 or Windows 98, we strongly suggest that each client workstation utilize Windows NT Workstation 4.0, Windows 2000 Professional, or Windows XP Professional. * Eden Systems strongly recommends installing the latest service packs on all operating system and database software packages. License Agreement Page 13 04116/03 Current Minimum Hardware Configuration- Standard Workstation • CPU • RAM • Hard Drive • Storage Space • CD -ROM • Video • Network Card • Network Protocol Current Minimum Hardware Configuration- Batch Processing Workstation • CPU • RAM • Hard Drive • Storage Space • CD -ROM • Video • Network Card • Network Protocol Current Minimum Hardware Configuration — Server • CPU • RAM • Storage Controller • Hard Drives • Storage Space • CD -ROM • Video • Network Card • Network Protocol • Power • Tape Backup 1 These requirements are subject to change as technology evolves and new products become available. To be eligible for Software Support in future years, Licensee will be responsible for ensuring compliance with those future requirements. Licensor agrees to give Licensee reasonable prior notification before new requirements become effective. 2 These items will be supplied by Licensor only if they are included in Exhibits A, B, and F. In all other cases, it is the responsibility of the Licensee to ensure that these products are acquired and ready for use at the beginning of Licensor's installation process. License Agreement Exhibit C (Page 2) Minimum Hardware Requirements' Pentium II 266 MHz 128MB (128 MB for NT or 2000) 2 GB 500 MB of free space Any SVGA, 800x600, 16 -bit Color 10Mbps (10BaseT), Half Duplex TCP /IP Pentium III 450 MHz 256 MB 2 GB 500 MB of free space Any XGA, 1024x768, 16 -bit Color 100tv1bps (100BaseT), Half Duplex TCP /IP Dual- processor, Pentium II 400 MHz 512 MB ECC RAID controller card for RAID -1 or RAID -5 SCSI 2, 7200 RPM 4 -6 GB free space depending on data plume Any Any 100Mbps, Full Duplex TCP/IP Redundant power supplies + a UPS Local or network based; AIT, DDS, DLT, LTO, Mammoth etc. Page 14 04/16/03 License Agreement Exhibit C (Page 3) Communication and Connectivity Requirements The following are the current Communication and Connectivity Requirements' • High -speed (128Kbps or higher) connection to the database server via the Internet (DSL, ISDN, Frame Relay, T1, etc) • Virtual Private Network (VPN) access from the Internet to the internal network (if a firewall is in use). This access must utilize the Microsoft Windows PPTP VPN client or the Cisco L2TP 3.6.2 VPN client. The VPN tunnel configuration must allow far Split - Tunneling. • Terminal Services in "remote admin" mode or pcAnywhere in "host" mode must be available on all servers running Eden Systems server product components. This includes but is not limited to, database, web, web application and Terminal Services /Citrix servers. (If you have a Windows NT /2000 Server). • A user account and password for use by Eden Systems support staff when connecting via VPN, Terminal Services or pcAnywhere. This can be one network login account or one local account on each system. This account requires local administrative access to the operating system and database software on each server running Eden Systems server product components. • A roaming copy of pcAnywhere for Windows 95 /98fNT12000 /XP that can be installed temporarily on a workstation in the event that a user is having problems with InForum Gold and needs help with the local computer. 1 These requirements are subject to change as technology evolves and new products become available. To be eligible for Software Support in future years, Licensee will be responsible for ensuring compliance with those future requirements. Licensor agrees to give Licensee reasonable prior notification before new requirements become effective. Page 15 04/16/03 Exhibit D SERVICES Modifications. Consulting /Project Management, Travel. Expenses - The cost to provide modifications identified in this Agreement, is an estimate only, and both parties acknowledge that Licensee will pay Licensor for actual work performed to produce such modifications. Any changes in the original definition of the defined deliverable identified herein will be incorporated through the use of an Authorization for Professional Services (AFPS) issued at the sole option of Licensor to Licensee, identifying such additional cost estimates to effect such change. Consulting consists of investigating and providing solutions for implementation - related Licensee issues. This work includes reviewing converted data, testing setup scenarios, investigating and recommending modification requests, answering product - related Licensee questions, providing off -site training, and creating training - related correspondence. Project Management consists of being the central point of contact for the Licensee, from the time a new license agreement is signed until the Licensee begins productive use of all the licensed modules. Initial responsibilities include reviewing the contract; entering contract information in Licensor's project tracking databases; identifying the project manager and main contacts on the Licensee side; and scheduling the kick -off meeting. Project management also includes scheduling the necessary training, and preparing for, leading, and following up on the kick- off meeting. During the installation /conversion /training phases of an implementation, Licensors Project Manager is responsible for ensuring that Licensor's staff completes their implementation tasks according to the project schedule. Project management also includes working with Licensor staff and the Licensee to address unanticipated issues that come up during the implementation. All correspondence relating to the training process is reviewed by the Licensor Project Manager, including agendas and follow -up memos. The Project Manager also tracks the license agreement's budget, initiates billing at the appropriate time, and answers the Licensee's billing questions. Most project management work occurs off -site. The costs to provide consulting and project management identified in this Agreement are estimates only. Licensee will reimburse Licensor within 30 days of receipt of invoice for all such charges. Invoices will include details of work performed and resources utilized. The costs to provide consulting and project management identified in this Agreement shall not exceed the costs set forth herein unless specifically agreed to in writing by both parties. Travel and expenses shown in this Agreement are estimates only. Travel and expenses charges include reasonable and normal charges for travel to and from the Licensee site. Licensee will reimburse Licensor within 30 days of receipt of invoice for all such charges. Project Management deliverables: - A Project Planning Questionnaire, which helps us gather information that will be used to plan the project - A calendar and gantt view of the project plan, in Adobe Acrobat Reader or MS Project formats, which are updated as schedule changes are made. This project plan will be submitted to the client for client's review and approval as these changes are made. Such approval shall not be unreasonably withheld. - A kick -off presentation outline - Hard copies of Eden's standard forms (AP check, Purchase Order, Paycheck, Timesheet, W -2, 1099, etc.) - Information about what needs to be ordered for forms (paper stock and supplemental printer supplies) - A kick -off follow -up letter - An agenda for every training trip - A follow -up memo for every training trip -- the project manager makes sure that outstanding issues are addressed, and adds the resolution to the follow -up memos - Semi - monthly status reports of all current implementation issues. This will be provided within five working days of the fifteenth and the end of each month. - Other documents are provided to the Licensee as needed: - Current Gold System Requirements document - Current conversion specifications for all modules - Import specifications for all modules - Sample reports - Change orders for additional work - Training materials License Agreement Page 16 04116/03 Training Services Exhibit D SERVICES (Page 2) Training, Installation, and Setup - All training is to be administered in either a)'train the trainer' fashion; or b)seminar or 'group' fashion; to maximize the usefulness of time and resources. The training costs herein assume that training is to be provided on -site in the Licensee's offices and that the Licensee can provide suitable training room facilities and make Licensee's personnel available on the dates and times agreed to by the parties. Licensee may choose between option 'a' and option 'b' but in either case, the quoted costs are for the specified number of days. Additional-days of training are available at the $150 hourly rate for one year from the execution of this agreement. Charges relating to training, installation and setup are due and payable in full within 30 days of receipt by Licensee. Written acknowledgment of acceptance by Licensee, or full payment by Licensee of the license fee for any module listed in Exhibit A, shall constitute full satisfaction of the commitment for related services under this Agreement. Additional training not covered in this Agreement shall be contracted through an Authorization For Professional Services (AFPS) and shall require authorization from Licensee. Such AFPS shall denote the number of service hours required and shall be provided at Licensors then -going hourly rate for such services. Licensee is responsible for all shipping and related costs incurred on its behalf under this Agreement, including but not limited to all necessary operating software, equipment and related tools. In order to provide services of any kind, Licensor must schedule visits in advance. If the scheduled visit is canceled by the Licensee for causes beyond Licensee's reasonable control without first having given Licensor a minimum of two weeks advance notice of such cancellation, the Licensor may charge the Licensee for all costs related to that scheduled visit. If Licensor is unable to reschedule the staff assigned to the cancelled visit, Licensee shall pay for that time as well as the associated expenses. Licensee and Licensor agree that any cancelled training trips shall be rescheduled as soon as practical and that Licensee shall pay for the rescheduled services and associated expenses. Data File Conversion Services — Charges related to data file conversion found in this Agreement are estimates only. Licensor will charge for any and all such activities relating to conversion efforts. It is the responsibility of the Licensee to present all data in a standard magnetic form and format prescribed by Licensor, which is to be compatible with Licensor's standard conversion programs and database setup. Specifications for the standard format are available from Licensor. Licensee acknowledges that only those data elements described in the standard formats are converted. Data conversion will consist of running the magnetic data presented by Licensee through the Licensor's conversion program one or more times to format the data into a form acceptable to the Licensed Program. It is the Licensee's sole and complete responsibility to ensure that the data presented to the Licensor's conversion program is complete and accurate, and any cost for services, third -party and other related costs associated with data conversion shall be borne by the Licensee. Should Licensee be unable, for any reason, to provide data in Licensor's prescribed formats, Licensee may request assistance from Licensor in extracting legacy data and formatting it according to Licensor standards. Such services will be billed to Licensee according to Licensor's then standard hourly rate. If the Licensee can guarantee legal and technical access to properly documented information subject to data conversion, the Licensor will manage and perform the entire data conversion function in exchange for additional fees and charges. If such a "start -to- finish" approach is provided herein, Exhibit A will denote such action as "Start -to- Finish" conversion, otherwise the above requirements are applicable. License Agreement Page 17 04/16/03 } r bh`c b ` ;, . �.c_t ,: `' >T e �= 4 ;,_„; ;:Hood _Rat'e Requested Modifications $150.00 Consulting /Management S150.00 Training S150.00 Installation and Setup $150.00 Data File Conversion $150.00 :; r 4,` ..r -__: - _ .. } : Authonzed Sub =Aye tit ies _�`' �, Q., r .,_ No Authorized Sub - Agencies Authorized Sub - Agencies. The following are considered authorized Sub - agencies of this Agreement and Licensee is authorized to use the Licensed Program and Licensed Documentation on Licensee's premises for the purpose of supporting the internal business practices of only those agencies named herein as Sub - agencies and no other right or use is permitted under this Agreement. Exhibit D SERVICES (Page 3) Service Rates The following hourly rates apply to services included in this Agreement and are not to be interpreted as a commitment to perform any future such services, not covered under this Agreement, for said rates. License Agreement Page 18 04/16/03 e m ,� �imber? �Fgrm Qescnption �- �,�, �` - 1a r �: ' ; Fixed Fee Arnountf. 1 Accounts Payable Check $600.00 2 Non - negotiable Accounts Payable Check Purchase Order 600.00 600.00 3 4 Voucher 600.00 5 Accounts Receivable Invoice 600.00 - 6 Accounts Receivable Statement 600.00 7 Accounts Receivable Late Notice 600.00 8 Payroll Check 600.00 9 Payroll Direct - deposit Advice Payroll Timesheet Z....1- 1'.�a ..... 600.00 600.00 .w :.:tom_._ 10 . -" 11 Business Registration Form Business Registration Application Business Registration Renewal :. �' . 600.00 600.00 600.00 12 13 Payroll W -2 0.00 1099 0.00 r�..r 1 Tota_hForm Cu z ,:.. - .'r.,. ( .... } ._.. �' .. � . 47 _ Item % ', rNumber.. `; .. Item Description _.__ �` .....' _G = r ° `' 4r �: ' ; j Fiized Fee''' ;,Amo None included except for forms customization. Z....1- 1'.�a ..... i f - ..�,..,.,-- .� fi _`' . -_ .w :.:tom_._ _ . . .. 4 . -" T .. ,. 2 ... '''' :. �' . Exhibit E COMMITTED MODIFICATIONS Licensor agrees to provide the modifications to the Licensed Program as further described below. Costs shown are provided on a Fixed -Fee basis and Licensee shall be charged these amounts regardless of the actual time and effort necessary to complete them. STANDARD FORMS TO BE CUSTOMIZED • The costs shown for Standard Forms Creation are fixed fees based on $600 per form. This cost assumes that Licensee will use Licensor's standard formats and that Licensor will modify those to accommodate Licensee's names, addresses, phone numbers, emblems, logos, and bank account numbers, etc. Modifications in actual formatting will require additional effort and will be billed at Licensor's standard hourly rates. License Agreement Page 19 04/16/03 JO' '0ct ;Q uantit ' <�' 5 users 5eS crrptioh Crystal Reports ,w r' " ° Estimated Price ;. S3,000.00 — 4 • -7 t G Total � , = ..: .. . � : : ; . '5 3';000:00 ; EXHIBIT F Licensor - supplied Third -party Products The purpose of this exhibit is to identify any third -party products being supplied by Licensor. Any required or desired hardware, software, and communications products not specifically included in the following table are the responsibility of the Licensee. This configuration represents the Licensor's recommended products, and the cost is an estimate only, as the prices of the third -party vendors are subject to change without Licensor's approval. Also, Licensee understands that Licensor may decide to change this recommendation if Licensor believes a new solution is better suited for the proposed installation. If this recommendation changes, Licensor will notify Licensee as soon as practical. Licensor makes no warranty, whether expressed or implied, regarding the components listed below, and shall not be responsible for servicing such components. The components shall be subject only to manufacturers' warranties, if any. License Agreement Page 20 04/16/03 Exhibit G ESRI Products and Services Licensee understands and accepts that the following terms and conditions are required in order for Licensee to use applications created using MapObjects, or other ESRI products: 1) Reverse engineering, copying (other than a backup copy), or transfer or assignment of rights to use as well as the right to access source code is prohibited. 2) Any use other than as specifically granted herein is prohibited. 3) Licensee shall use all practical means, contractual and technical, to prevent any in -house or commercial user (including network users) from using any portions of MapObjects, and any extension thereof, separately from Licensor's Licensed Program. 4) ESRI and/or its suppliers may enforce their intellectual property rights through injunctive relief and other remedies in law or equity. All copyright, government notices, trademarks, or other intellectual property notices noted under "Copyright, ESRI Trademark Name, and Government Use Notice" shall be included unmodified in the Application's online help or Readme file and documentation. Copyright and U.S. Government Use Notice: MapObjects is copyrighted by Environmental Systems Research Institute, Inc. All rights not specifically granted in this Agreement are reserved to ESRI or its suppliers. Portions of this computer program are owned by ESRI, Copyright 1999 Environmental Systems Research Institute, Inc. All Rights Reserved. Any software, documentation, and /or data delivered hereunder is subject to the terms of the License Agreement. In no event shall the U.S. Government acquire greater than RESTRICTED /LIMITED RIGHTS. At a minimum, use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in FAR 52.227 -14 Alternates I, II, and III (JUN 1987); FAR 52.227 -19 (JUN 1987) and/or FAR 12.211/12.212 (Commercial Technical Data/Computer Software); and DFARS 252.227 -7015 (NOV 1995) (Technical Data) and /or DFARS 227.7202 (Computer Software), as applicable. Contractor /Manufacturer is Environmental Systems Research Institute, Inc., 380 New York Street, Redlands, CA 92373 -8100 USA. License Agreement Page 21 04/16/03 Hi Dick, 1 know you said that when we ask for work to be d.o either through the road plan or discretionary requests lan.guagam requesting will be in the contract. However, it seems to me the pr=imary contract should have definitive, no wiggle room language. This way we would have all the bases covered. So, with that in mind, I am requesting the following change to our Road Maintenance C9ntrract: Page 3 of 9, Section 3, last paragraph. Somewhere in this paragraph say: "If the completed work does not meet minimum quality standards as stated, in applicable city ordinances and resolutions, .the city will with- hold payment u /tii corrective action is completed. Any additional costs incurred becayse minimum quality standards were. not initially achieved, will be paid the County or Contractor. No interest will be paid for late payment hen the reason is because of the delay caused by not meeting minimum standards." Engineering Interlocal Agreement Section 4(A), page 3 of 9. Please add the following statement: "Any change in the level, degree and type of services normally provided to the unincorporated areas by the County will be approved by the City before they are applied to any City service stated 4n this contract." Thank you for your help. Rich Munson Return to: Page 1 of 9 1)aniclaErickson Clerk of the Board 11.16 West Broadway Spokane, Washington 99260 .INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY 2 AND CITY OF SPOKANE VALLEY 3 REGARDING PROVISION OF 4 ENGINEERING E RING S.ERVICE:S FOR S'i`RFF "1, TRAFFIC AND STORM D.RA.iNAGE 5 CAPITAL IMPROVEMENT LN :C PROJECT AND OTHER RELATED SERVICES 6 (April 1, 2003 — December 31, 2004) 7 8 THIS AGREEMENT, made and entered into by and between Spokane County, a political 9 subdivision of the State of Washington, having offices for the transaction of business at 1116 West. 10 Broadway Avenue, Spokane, Washington, 99260, hereinafter referred to as "COUNTY," and City 11 of Spokane Valley, a municipal corporation of the State of Washington, having offices for the 12 transaction of business at the Redwood Plaza, 11707 East Sprague Avenue, Suite 1.06, Spokane 13 Valley, Washington, 99206, hereinafter referred to as "CITY," jointly hereinafter referred to as the 14 "PARTIES." 15 16 WITNESSETH: 17 18 WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County 19 Commissioners of Spokane County (" BOARD ") has the care of county property and management 20 of funds and business; and 21 22 WHEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley established 23 midnight, March 31, 2003, as its official date of incorporation and upon that date will commence 24 operations as a city; and 25 26 WHEREAS, pursuant to chapter 35.02 RCW, as of the official date of incorporation, local 27 goveriunental authority and jurisdiction with respect to the newly incorporated area transfers from 28 Spokane County to City of Spokane Valley; and 29 30 WHEREAS, chapter 39.34 RCW (Interlocal Cooperation Act), authorizes counties and 31 cities to contract with each other to perform certain functions which each may legally perform; and 32 33 WHEREAS, the City or Spokane Valley desires to provide engineering services for 34 quality street, traffic, and storm drainage improvements for its residents and to contract with 35 Spokane County, through the County Engineer, for these services. 36 DRAFT 4/7/2003 1 NOW, TW_EREFOR.E, for and in consideration of the mutual promises set forth 2 hereinafter, the PARTIES do mutually agree as follows: 3 4 SECTION NO. 1: PURPOSE 5 6 The purpose of this Agreement is to set forth the provisions under which COUNTY, through the 7 County Engineer, will provide engineering services ( "Services ") to CITY. Services include (1) 8 Engineering Services and (2) Capital Project. Construction Services. Services are further outlined 9 in Section No. 4 hereinafter. It is the intent of the PARTIES that Services to be provided by 10 COUNTY will be consistent with CITY'S CounciUManager form of government provided for in 11 chapter 35A.13 :R,CW 12 13 SECTION NO. 2: DURATION 14 15 This Agreement shall commence at 12:01 A.M. on April 1, 2003, and run through 12:00 P.M. 16 December 31, 2004, unless one or all of the PARTIES provide notice of termination as further 17 described in Sections No. 5 and 10 of this Agreement. 18 19 At the conclusion of the initial term, this Agreement shall automatically be renewed with each 20 year's services and costs appended to the Agreement by exhibit from year -to -year thereafter, 21 effective January 1 to December. 31 unless wither Party gives 90 days' written notice of 22 termination to the other Party. 23 24 SECTION NO. 3: COST OF SERVICES AND PAYMENTS 25 26 In consideration for COUNTY providing Services as set forth herein, CITY shall pay COUNTY 27 all actual costs associated therewith including but not limited to salary, benefits, supplies, 28 materials, equipment, and administrative overhead costs. 29 30 Labor and equipment rates are shown in Exhibit "3," attached hereto and incorporated herein by 31 reference. Labor rates can be affected by overtime, extra holiday pay, shift differential, labor 32 contracts, and on -call rates. Accordingly, these rates may change during the term of this 33 Agreement. COUNTY will notify CITY in writing of any changes to or modifications to Exhibit 34 "3." Any changes of rates will become effective immediately. COUNTY agrees to meet with 35 CITY upon request to substantiate any increases in labor or equipment rates. 36 37 Estimated costs for Engineering Services and Capital Project Construction Services for the nine 38 (9) months of 2003 are shown in Exhibit "la" and "lb" respectively. Estimated costs for 39 Engineering Services and Capital Project Construction Services for calendar year 2004 are 40 shown in Exhibit "2a" and "2b" respectively. Engineering Services includes certain items 41 denominated as "DISCRETIONARY." These Engineering Services will only be performed 42 upon receipt of written request from the CITY directed to the COUNTY Engineer. 43 44 CITY will be billed for all actual costs for Engineering Services and Capital Project Construction 45 Services in each year when work is completed for each respective service or element thereof. Page 2 of 9 9 1) RANI' 4/7/2003 1 Additional extraordinary or unforeseen costs, including but not limited to, advertising costs, 2 mailing, legal fees/bond counsel, special benefit analysis for Local Improvement Districts, 3 maintenance costs associated with CITY -owned property, tenant removal, closing costs, survey 4 costs and property analysis including appraisal, title research/policy, and hazardous waste 5 investigations, may affect budget totals. CITY shall be responsible for these costs. 6 7 CITY shall be responsible for all extraordinary costs resulting from CITY'S decision to modify 8 Services. 9 10 COUNTY will bill CITY for the cost of Engineer Services and Capital. Project Construction 11 Services as set forth in the Exhibits, monthly, during thc first week of the month for services 12 provided during the preceding month_ Billings will be based on actual Labor and Equipment 13 Rates as they apply to the Engineer Services or Capital Project Construction Services performed. 14 Payments by CITY will be due by the 5th of the following month. At the sole option of 15 COUI\''lY a penalty may be assessed on any late payment by CiTY based on lost interest 16 earnings had the payment been timely paid and invested in the Spokane County Treasurer's 17 Investnment. Pool. 18 19 SECTION NO. 4: SERVICES PROVIDED 20 21 (A) Enk;ineerini Services. 22 23 COUNTY will provide Engineering Services, to include Discretionary services, as identified in 24 Exhibits "1 a" for the remainder of calendar year 2003 and Exhibit "2a" for calendar year 2004 25 within CITY boundaries at the same level, degree and type as is customarily provided by 26 COUNTY in unincorporated Spokane County. The PARTIES agree that Discretionary Services 27 1 only be performed upon written request from C.i.TY directed to the COUNTY Engineer. 28 29 30 31 COUNTY will provide Capital Projects as identified in Exhibit "lb" for the remainder of 32 calendar year 2003 and Exhibit "2b" for calendar year 2004 within CITY boundaries at the same 33 level, degree and type as is customarily provided by COUNTY in unincorporated Spokane 34 County. COUNTY shall provide all engineering, project management and other services 35 required to plan, design, and supervise the construction of the projects set forth in such Exhibits 36 " lb" and "2b" including but not necessarily limited to: 37 38 1. Preliminary studies and design 39 2. Project plan review 40 3. Funding applications 41 4. Grant application and administration 42 S. Final design and bid documents 43 6. Surveying and aerial contracts 44 7. Soil investigations 45 S. Wetland delineation 46 9. Environmental permitting and reports (13) Capital Projects. Page 3 of 9 1 10. Design and plan preparation 2 11. Utility relocation 3 12. Plan for and attend public meetings throughout the process for each project together 4 with all needed notices, handouts, and meeting support. City personnel shall attend all 5 such meetings 6 13. Right -of -way preliminary work, appraisal, appraisal review, acquisition, relocation, 7 condemnation and preparing right-of-way legal documents 8 14. Project bidding and award 9 15. Provide construction administration 10 16. Construction staking 11 17. Provide construction inspection 12 18. Materials testing 13 19. Prepare project completion file to include as -built drawings 14 20. Coordinate with the City on each step in the project process 15 16 COUNTY will perform the services indicated above for the 2004 projects listed in Exhibit 17 "2b "only when any individual project identified in Exhibit "21)" is approved in writing by CITY 18 for design and construction. 19 20 COUNTY will require CITY deterrnination on Discretionary items set forth in Engineering 21 Services Exhibits "la" and "2b on or before April 30, 2003, for calendar year 2003 and on or 22 before March 31., 2004, for 2004 to assist with COUNTY staffing needs. After COUNTY'S 23 adoption of budget and plan, within the constraints of the program described, CITY may request 24 adjustments to individual budgeted tasks or additional discretionary items in order to meet 25 specific needs. COUNTY shall consider all such requests and will provide additional service as 26 the COUNTY can reasonably perform without disrupting COUNTY business. COUNTY is a 27 contractor of services only and does not purport to represent CITY professionally other than in 28 providing the services requested by CITY. 29 30 (C) COUNTY and CITY Coordi.nation. 31 32 COUNTY will identify specific liaisons for Services to handle day -to -day operational activities 33 related Services. CITY will identify a liaison for the same purposes. The liaisons will meet 34 regularly to review the performance of this Agreement. 35 36 (0) CITY Responsibilities. 37 38 In conjunction with COUNTY providing the Services described in Subsections A and B of this 39 SECTION, CiTY does: 40 41 1. Confer on COUNTY all authority necessary to perform the Services within CITY limits. 42 2. Grant. COUNTY the authority to act as its agent to contact public agencies, private 43 companies, and residents, and make routine decisions regarding the project and non- 44 project engineering tasks. 45 3. Agree that when COUNTY provides Services for CITY, COUNTY Engineer may 46 exercise all the powers and perform all the duties vested by law or by resolution in the Page4of9 DRAFT 4/7/2003 Page 5 of 9 DRAFT 4/7/2003 1 City Engineer or other officer or department charged with street administration. 2 4. Agree to adopt by reference all COUNTY ordinances, resolutions and codes necessary to 3 provide authority for COUNTY to perform the Services.. 4 5 (E) Miscellaneous. 6 7 COUNTY Engineer or his /her designee agrees to attend staff meetings as requested by the CITY 8 Manager. County Engineer or his/her designee further agrees to meet upon request by the CITY 9 Manager or his/her designee to discuss any Service provided under the terms of this Agreement. 10 11 CITY agrees COUNTY will use the COUNTY Engineer's stationery in conjunction with 12 providing Services under the terms of this Agreement. 13 14 SECTION NO. 5: NOTICE 15 16 All notices or other conununication.s given hereunder shall be deemed given on: (1) the day such 17 notices or other communications are received when sent by personal delivery; or (2) the third day 18 following the day on which the same have been nailed by first class delivery, postage prepaid 19 addressed to PARTIES at the address set forth below, or at such other address as the PARTIES 20 shall from time -to -time designate by notice in writing to the other PARTIES: 21 22 COUNTY: Spokane County Chief Executive Officer or his/her authorized representative 23 1.11.6 'West :13roadway Avenue 24 Spokane, Washing:on 99260 25 26 Spokane County Engineer 27 1026 West Broadway Avenue 28 Spokane, Washington 99260 -0170 29 30 CITY: City of Spokane Valley City Manager or his /her authorized representative 31 Redwood Plaza 32 11707 East Sprague Avenue, Suite 106 33 Spokane Valley, Washington 99206 34 35 SJ CTI:ON NO. 6: COUNTERPARTS 36 37 This Agreement may be executed in any number of counterparts, each of which, when so 38 executed and delivered, shall be an original, but such counterparts shall together constitute but 39 one and the same. 40 41 SECTION NO. 7: SUBCONTRACT 42 43 COUNTY may subcontract any of its responsibilities set forth herein provided COUNTY retains 44 the appropriate supervision and inspection of the contractor's work. • 45 46 DRAFT 4/7/2003 1 SECTION NO. 8: LIABILITY 2 3 (a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees, 4 or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and 5 damages of any nature whatsoever, by any reason of or arising out of any negligent act or 6 omission of COUNTY, its officers, agents and employees, or any of them relating to or arising 7 out of performing services pursuant to this Agreement. In the event that any suit based upon such 8 claim, action, Loss, or damages is brought against CITY, COUNTY shall defend the same at its 9 sole cost and expense; provided that CITY reserves the right to participate in said suit if any 10 principle of governmental or public law is involved; and if final judgment in said suit be 11 rendered against CITY, and its officers, agents, and employees, or any of them, or jointly against 12 CITY and COUNTY and their respective officers, agents, and employees, COUNTY shall 13 satisfy the same. 14 15 (b) CITY shall indemnify and hold harmless' COUNTY and its officers, agents, and employees, 16 or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and 17 damages of any nature whatsoever, by any reason of or arising out of any negligent act or 18 omission of CITY, its office's, agents and employees, or any of them relating to or arising out of 19 performing services pursuant to this Agreement. in the event that any suit based upon such 20 claim, action, _loss, or damages is brought against COUNTY, CITY shall defend the same at its 21 sole cost and expense; provided that COUNTY reserves the right to participate in said suit if any 22 principle of governmental or public law is involved; and if final judgment in said suit be 23 rendered against COUNTY, and its officers, agents, and employees, or any of them, or jointly 24 against COUNTY and CITY and their respective officers, agents, and employees, CITY shall 25 satisfy the same. 26 27 (c) The foregoing indemnity is specifically intended to constitute a waiver of each party's 28 immunity under Washington's Industrial .Insurance Act, Chapter 51 RCW, respecting the other 29 party only, and only to the extent necessary to provide the indemnified party with a full and 30 complete indemnity of claims made by the indemnitor's employees. The PARTIES 31 acknowledge that these provisions were specifically negotiated and agreed upon by them. 32 33 (d) COUNTY and CITY agree to either self insure or purchase polices of insurance covering the 34 matters contained in this Agreement with coverages of not less than 55,000,000 per occurrence 35 with 55,000,000 aggregate limits including for COUNTY Engineer professional liability and 36 auto liability coverages. 37 38 SECTION NO. 9: RELATIONSHIP OF THE PARTIES 39 40 The PARTIES intend that an independent contractor relationship will be created by this Agreement. 41 No agent, employee, servant, or representative of COUNTY shall be deemed to be an employee, 42 agent, servant, or representative of CITY for any purpose. Likewise, no agent, employee, servant, or 43 representative of CITY shall be deemed to be an employee, agent, servant, or representative of 44 COUNTY for any purpose. Page 6 of 9 Page 7of9 DRAFT 4/7/2003 1 2 Control of personnel standards of performance, discipline and all other aspects of performance, 3 including that of the staff, shall be covered entirely by COUNTY. 4 5 COUNTY shall furnish all personnel and such resources and materials deemed by COUNTY as 6 necessary to provide the Services herein described and subsequently authorized by CITY. 7 8 SECTION NO. 10: MODIFICATION, TERMINATION 9 10 This Agreement may be modified in writing by mutual agreement of the PARTIES. 11 12 CITY, at its option, may reduce or increase services up to 10% of the dollar level of the Agreement 13 with 60 days written notice to COUNTY. 14 15 Any Party may terminate this Agreement for any reason whatsoever upon a m.i.nimum of 90 days 16 written notice to the other Party. Any Party niay terminate this Agreement upon. a breach by the 17 another Party, provided the Party seeking to terminate the Agreement shall provide at least 30 days 18 written notice and an opportunity to cure to the breaching Party. 19 20 Upon termination, CITY shall be obligated to pay for only those services rendered prior to the date 21 of termination. 22 23 SI CT:ION NO. 11: PROPERTY A.ND EQUIPMENT 24 25 The ownership of all property and equipment utilized by COUNTY in providing Services under the 26 terms of this Agreement shall remain with COUNTY unless specifically and mutually agreed by the 27 PARTS. 28 29 SECTION NO. 12: GENERAL TERMS 30 31 This Agreement contains tennis and conditions agreed upon by the PARTIES. The PAR'] IES agree 32 that there are no other understandings, oral or otherwise, regarding the subject matter of. this 33 Agreement. No changes or additions to this Agreement shall be valid or binding upon the PARTIES 34 unless such change or addition is in writing, executed by the PARTIES. 35 36 Both PARTIES agrees to aid and assist the other Party in accomplishing the objectives of this 37 Agreement. 38 39 This Agreement shall be binding upon the PARTIES hereto, their successors, and assigns. 40 41 SECTION NO. 13: VENUE STIPULATION 42 43 This Agreement has been and shall he construed as having been made and delivered within the State 44 of Washington and it is mutually understood and agreed by each Party that this Agreement shall be 45 governed by the laws of the State of Washington both as to interpretation and performance. Any 46 action at law, suit in equity or judicial proceeding for the enforcement of this Agreement, or any DRAFT 4/7/2003 1 provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, 2 Washington. 3 4 SECTION NO. 14: SEVERABIL TY 5 6 It is understood and agreed among the PARTIES that if any parts, terms, or provisions of this 7 Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions 8 shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard to 9 the remainder of the Agreement. If it should appear that any part, term or provision of this 10 Agreement is in conflict with any statutory provision of the State of Washington, then the part, term 11 or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as 12 it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such 13 statutory provision. 14 15 SECTION NO. 15: HEADINGS 16 17 The section headings appearing in this Agreement have been inserted solely for the purpose of 18 convenience and ready reference. In no way do they purport to, and shall not be deemed to define, 19 limit or extend the scope or intent of the sections to which they pertain. 20 21 SECTION NO. 16: CONTRACT ADMIINISTRATION 22 23 The :PARTIES shall each appoint representatives to review contract performance and resolve 24 problems, which cannot be dealt with by COUNTY and CITY liaisons. The PARTIES shall notify 25 the other in writing of its designated representatives. COUNTY and CiTY liaisons will meet 26 periodically, with either Party authorized to call additional meetings with ten days written notice to 27 the other. 28 29 Any problem, which cannot be resolved by the PARTIES designated representatives, shall be 30 referred to City Manager and the Spokane County Engineer for settlement. 31 32 SECTION NO. 17: AUDITS AND INSPECTIONS 33 34 The records and documents, with respect to all matters covered by this Agreement, shall be subject 35 to inspection, review, or audit by COUNTY or CITY during the term of this contract and three (3) 36 years after termination. 37 38 SECTION NO. 18: RECORDS 39 40 All records prepared or produced by COUNTY in conjunction providing services to CiTY under the 41 terms of this Agreement shall be the property of COUNTY. Such records shall be made available to 42 CITY upon request by the CITY Manager subject to privileges set forth in statue, court rule or case 43 law. COUNTY will notify C1 Y of any public disclosure request under chapter 42.17 RCW for 44 copies or viewing of such records as well as COUNTY'S response thereto. Upon termination of 45 this Agreement, COUNTY agrees to make copies of all such records that may be requested by 46 C[Y. Page 8 of 9 DRAFT 4/7/2003 1 2 SECTION NO. 19: ASSURANCE 3 4 COUNTY represents and assures CITY that no other city or town will receive more favored 5 treatment in receipt of Services than that made available to CITY for similar services. 6 SECTION �+ 7 ��r� + ��+ �� u �� L L � J 7 SECTION NO. 14: ALL WRITINGS CONTAINED HIERE!N /H1 DI G EFFECT p 8 9 This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree 10 that there are no other understandings, oral or otherwise regarding the subject matter of this 11 Agreement. No changes or additions to this Agreement shall be valid or binding upon the 12 PARTIES unless such change or addition is in writing, executed by the PARTIES. 13 14 This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. 15 16 IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed 17 on date and year opposite their respective signatures. 18 19 DATED: BOARD OF COUNTY COMMISSTONERS 20 OF SPOKANE, COUNTY, WASHINGTON 21 22 23 24 JOHN R.OSKELLEY, Chair 25 A'I "1 EST: 26 VICKY M. DALTON 27 CLERK OF THE BOARD 28 M. KATE MCCAS .;IN, Vice - Chair 29 30 BY: 31 Daniela Erickson, Deputy PHIILLIP D. HARRIS 32 33 DATED: C1T Y OF SPOKANE VALLEY: 34 35 36 Attest: By: 37 38 Its: 39 City Clerk (Title) 40 41 Approved as to form only: 42 43 44 Acting City Attorney 45 46 H:1Vatley Cityk.uraft Con tlracts \Engineer\Fngineering services valley 032103 -draft 2,doc Page 9 of 9 ACTIVITY SPO VAL CONTRACT 12.3% MGT. OVERHEAD 5% ADMIN. OVERHEAD TOTAL COMMENTS Office Administrative Tasks 310,000 31,230 3500 511,730 Vacation of Public Right of Way $5,300 $652 3265 $6,217 DISCRETIONARY Establishment of Public Right of Way $9,800 31,205 S490 311,495 DISCRETIONARY Dust Oiling Permits and Certification $1,500 $185 375 31,760 DISCRETIONARY Event Road Closure 31,500 $185 $75 31,760 DISCRETIONARY Franchise Administration 39,000 $1,107 $450 $10,557 DISCRETIONARY Staff Time on Sale or Lease of City General Property $4,500 3554 $225 35,279 DISCRETIONARY Oversize Load Permits $1,250 S154 363 31,466 DISCRETIONARY Maintenance of Official Records $20,000 $2,460 $1,000 323,460 Map and Record Imaging $20,000 $2,460 $1,000 $23,460 339,882 Office Administrative Tasks Total Development Plan Review Total 1 $85,453 Traffic Analysis Collect Automated Vehicle Counts 310,000 31,230 3500 511,730 Maintain Database for Vehicle Counts $6,000 $738 3300 37,038 Collect Turning Move Counts Designated Intersections 35,000 $615 3250 35,865 Code Traffic Collison Locations and Maintain Database 59,000 $1,107 3450 $10,557 Analyze Collisions for Safety Problems 35,000 3615 3250 35,865 DISCRETIONARY Maintain Inventory Phys. Attributes, Aux. Facil, Safety Elements 321,000 32,583 $1,050 324,633 DISCRETIONARY Traffic Control Plan Review for Permit and Construction Activity $3.000 3369 3150 33,519 DISCRETIONARY Record and Analyze Video Records of Traffic Patterns 54,000 $492 $200 $4,692 DISCRETIONARY Traffic Analysis Total Development Plan Review $73,899 Bridge Department Services Bridge Inspection and Record Keeping S7,500 $923 3375 $8,798 Bridge Maintenance Engineering Support $7,000 $861 $350 $8,211 Bridge Load Rating $7,000 3861 $350 $8,211 Bridge Utility Contact and Coordination 31,000 3123 350 31,173 Bridge Overload Permitting 31,000 $123 350 $1,173 DISCRETIONARY Bridge Public Inquiry Response 3500 $62 $25 $587 DISCRETIONARY Bridge Prosecuting Attorney Support $2,500 3308 $125 $2,933 DISCRETIONARY Bridge Department Services Total $31,085 Development Plan Review Development Plan Review 334,000 $4,182 $1,700 339,882 DISCRETIONARY Development Plan Review Total 1 $39,882 Exhibit la Engineering Services for the City of Spokane Valley 2003 Page 1 of 2 ACTIVITY SPO VAL CONTRACT 12.3% MGT. OVERHEAD 5% ADMIN. OVERHEAD TOTAL COMMENTS Planning and Grant Activities, Traffic Study Review Bridge Department Services S1,476 S600 $14,076 $31,085 6 Year Plan Preparation and Update $9,000 $1,107 $450 $10,557 $39,882 Grant Application Preparation S27,000 $3,321 $1,350 $31,671 $73,899 Model Future Traffic Projection $6,200 $763 $310 $7,273 DISCRETIONARY Maintain 15 -year Street Improvement Plan $2,500 $308 $125 $2,933 DISCRETIONARY Manage Environmental Consultant Contracts $6,500 $800 $325 $7,625 DISCRETIONARY SRTC Coordination Federal Grants and Models $3,000 $369 $150 $3,519 DISCRETIONARY Develop Priority Arrays for Arterials $3,500 $431 $175 $4,106 DISCRETIONARY Propose Reconstruction Projects for Grant Application $1,000 $123 $50 $1,173 DISCRETIONARY Existing and Proposed Arterial Capacity Studies $1,200 $148 $60 S1,408 DISCRETIONARY Propose New Arterial Alignments $3,600 $443 $180 S4,223 DISCRETIONARY Environmental Determinations on Proposed Projects $300 S37 $15 $352 DISCRETIONARY Review Developer Traffic Studies S2,500 $308 $125 $2,933 DISCRETIONARY Traffic Mitigation Recommedations and Hearings S500 $62 S25 $587 DISCRETIONARY Plat or Zone Change Recommendations and Hearings S200 $25 S10 $235 DISCRETIONARY Planning and Grant Activities, Traffic Study Review Total $78,591 Summary of Engineering Services Tasks for 2003 Office Administrative Tasks $85,453 Visual Rating Pavement Bridge Department Services S1,476 S600 $14,076 $31,085 Network Level Non- destructive Field Testing Development Plan Review S615 S250 $5,865 $39,882 Design Level Non - destructive Field Testing Traffic Analysis S554 $225 $5,279 $73,899 GIS Maps Planning and Grant Activities, Traffic Study Review S677 $275 $6,452 $78,591 Database Management Pavement Management S1,353 5550 512,903 $44,574 Pavement Management Total Environmental $44,574 $43,877 Engineering Services Total for 2003 $397,360 Pavement Management Visual Rating Pavement $12,000 S1,476 S600 $14,076 DISCRETIONARY Network Level Non- destructive Field Testing S5,000 S615 S250 $5,865 Design Level Non - destructive Field Testing $4,500 S554 $225 $5,279 GIS Maps $5,500 S677 $275 $6,452 Database Management $11,000 S1,353 5550 512,903 Pavement Management Total $44,574 Environmental Environmental Review, Floodplain Permitting 518,000 52,214 $900 S21,114 DISCRETIONARY Contract Landcape and Stormwater Swale Maintenance $20,000 $2,460 $303 522,763 Environmental Total [ 543,877 Exhibit la Engineering Services for the City of Spokane Valley 2003 Page 2 of 2 Project Location City Share* Total* Scheduled Completion 16 Avenue, Project 1 Evergreen to Sullivan $565,000 $1,950,000 1111/2003 ** 16 Avenue, Project 2 * ** Dishman -Mica to SR 27 $59,500 $440,710 10/1/2004 Evergreen Road 16 to 2nd $378,400 $1,892,000 11/112003 ** Mission Avenue Evergreen to Sullivan $391,000 $1,954,000 11/1/2003" 4 1h Avenue Signal at Sullivan $16,000 $165,000 11/112003 ** Valley Couplet Complete EA $15,000 $111,100 7/1/2003 Totals: $1,424,900 S6,512,810 Exhibit 1 b Capital Project Construction 2003 * Figures are estimates only and may vary according to actual construction and right -of -way costs " Completion date dependent upon a start date of May 1, 2003 * * *PE and partial right -of -way costs on project scheduled for 2004 construction Page 1 of 1 ACTIVITY SPO VAL CONTRACT 12.3% MGT. OVERHEAD 5% ADMIN. OVERHEAD' TOTAL I COMMENTS Office Administrative Tasks Vacation of Public Right of Way S5,406 $665 $270 $6,341 DISCRETIONARY Establishment of Public Right of Way $9,996 51,230 $500 $11,725 DISCRETIONARY Dust Oiling Permits and Certification $1,530 $188 $77 $1,795 DISCRETIONARY Event Road Closure $1,530 $188 $77 $1,795 DISCRETIONARY Franchise Administration $9,180 61,129 6459 $10,768 DISCRETIONARY Staff Time on Sale or Lease of City General Property $4,590 $565 S230 $5,384 DISCRETIONARY Oversize Load Permits $1,275 6157 $64 $1,496 DISCRETIONARY Maintenance and Storage of Official Records 622,000 32,706 $1,100 S25,806 tvlap and Record Imaging 315,000 $1,845 $750 S17,595 Office Administrative Tasks Total $82,705 Traffic Analysis Collect Automated Vehicle Counts 310,200 $1,255 $510 S11,965 Development Plan Review Total Maintain Database for Vehicle Counts $6,120 3753 3306 S7,179 Collect Turning Move Counts Designated Intersections $5,100 $627 $255 $5,982 Code Traffic Collison Locations and Maintain Database $9,180 $1,129 $459 $10,768 Analyze Collisions for Safety Problems $5,100 3627 3255 $5,982 DISCRETIONARY Maintain Inventory Phys. Attributes, Aux. Facl, Safety Elements $21,420 32,635 31,071 $25,126 DISCRETIONARY Traffic Control Plan Review for Permit and Construction Activity S3,060 $376 3153 $3,589 DISCRETIONARY Record and Analyze Video Records of Traffic Patterns 34,080 $502 3204 64,786 DISCRETIONARY Traffic Analysis Total $75,377 Bridge Department Services Bridge Inspection and Record Keeping 37,650 $941 6383 $8,973 Development Plan Review Total Bridge Maintenance Engineering Support 37,140 $878 S357 $8,375 Bridge Load Rating $7,140 $878 3357 $8,375 Bridge Utility Contact and Coordination $1,020 $125 $51 $1,196 Bridge Overload Permitting $1,020 6125 $51 $1,196 DISCRETIONARY Bridge Public Inquiry Response $510 $63 $26 $598 DISCRETIONARY Bridge Prosecuting Attorney Support 32,550 S314 $128 S2,991 DISCRETIONARY Bridge Department Services Total 631,706 Development Plan Review Total Development Plan Review $30,000 $3,690 61,500 $35,190 DISCRETIONARY Development Plan Review Total $35,190 Exhibit 2a Engineering Services for City of Spokane Valley 2004 Page 1 of 2 ACTIVITY ICONT ACTIOVE / RH AD 5% RHEADI TOTAL I COMMENTS Planning and Grant Activities, Traffic Study Review 6 Year Plan Preparation and Update $9,000 $1,107 $450 310,557 Grant Application Preparation $15,000 $1,845 3750 $17,595 Model Future Traffic Projection $10,643 $1,309 $532 312,484 DISCRETIONARY Maintain 15 -year Street Improvement Plan $2,551 3314 $128 32,992 DISCRETIONARY Manage Environmental Consultant Contracts $6,630 $815 $332 $7,777 DISCRETIONARY SRTC Coordination Federal Grants and Models $4,907 3604 $245 $5,756 DISCRETIONARY Develop Priority Arrays for Arterials $3,570 $439 $179 $4,188 DISCRETIONARY Propose Reconstruction Projects for Grant Application $1,020 $125 351 31,196 DISCRETIONARY Existing and Proposed Arterial Capacity Studies $1,840 $226 S92 $2,159 DISCRETIONARY Propose New Arterial Alignments $3,672 $452 3184 34,307 DISCRETIONARY Environmental Determinations on Proposed Projects $306 $38 $15 $359 DISCRETIONARY Review Developer Traffic Studies $2,550 $314 $128 $2,991 DISCRETIONARY Traffic Mitigation Recommedations and Hearings $510 S63 $26 S598 DISCRETIONARY Plat or Zone Change Recommendations and Hearings $204 325 310 3239 DISCRETIONARY Planning and Grant Activities, Traffic Study Review Total $73,199 Summary of Engineering Services Tasks for 2004 Office Administrative Tasks S12,240 31,506 $612 $82,705 DISCRETIONARY Bridge Department Services 35,100 3627 $255 $31,706 Development Plan Review S4,590 $565 3230 $35,190 Traffic Analysis 35,610 $690 S281 $75,377 Planning and Grant Activities, Traffic Study Review $11,220 31,380 3561 373,199 Pavement Management 345,465 Environmental $55,680 Engineering Services Total for 2004 $399,322 Pavement Management Visual Rating Pavement S12,240 31,506 $612 314,358 DISCRETIONARY Network Level Non - destructive Field Testing 35,100 3627 $255 $5,982 Design Level Non - destructive Field Testing S4,590 $565 3230 35,384 GIS Maps 35,610 $690 S281 S6,581 Database Management $11,220 31,380 3561 $13,161 Pavement Management Total $45,465 Environmental Environmental Review, Floodplain Permitting $18,360 $2,258 3918 $21,536 DISCRETIONARY Contract Landcape and Stormwater Swale Maintenance 330,000 $3,690 $454 $34,144 Environmental Total $55,680 Exhibit 2a Engineering Services for City of Spokane Valley 2004 Page2of2 Project Location City Share* Project Total* scneauied Completion ** 16 Avenue, Project 2 Dishman -Mica to SR 27 $271,300 S2,009,300'" $867,000 11/1/2004 11/1/2004 Park Road 8 to Appleway $173,400 Pines Road At Mansfield $55,000 $3,134,000" "` 11/1/2004 Totals: $499,700 $867,000 Exhibit 2b Capital Project Construction 2004 ` Figures are estimates only and may vary according to actual construction and right -of -way costs ' Completion dates are dependent on right -of -way finalization which could affect start dates "' $1,568,590 of thes total is unfunded, should attempt to acquire funding ****$330,000 of this total is unfunded, should attempt to acquire federal funds "' "' Developer contributions equal to $499,795 of this total has not yet been collected Page 1 of 1 EMPLOYEE RATES - GUILD MONTHLY RATE (a) HOURLY RATE SOT RATE (c) TITLE CLASS Staff Assistant 1 1017 $3,969.96 $24.43 S19.18 Staff Assistant 2 1002 $4,382.72 $26.97 $21.17 GIS Analyst 1650 $6,191.69 $38.10 $29.91 Traffic Program Analyst 2121 $5,919.57 $36.43 $28.60 Engineering Info Systems Coord. 2123 $6,541.32 $40.25 $31.60 Computer Application Assistant 2125 $5,224.83 $32.15 $25.24 Stormwater Programs Researcher 2128 $6,541.32 $40.25 $31.60 Supervising Technician 2309 $6,222.67 S38.29 $30.06 Supervising Right -of -Way Agent 2320 $6.222.67 $38.29 $30.06 Asst. Const. Engineer /Survey 2330 $6,541.32 $40.25 $31.60 Engineer 1 2331 $5,919.57 $36.43 S28.60 Engineer 2 2333 $6,541.32 $40.25 $31.60 Engineer 3 2335 $7,411.09 $45.61 $35.81 EMPLOYEE RATES - Local 17 MONTHLY RATE (a) HOURLY RATE 1.5 X RATE (b) TITLE CLASS Office Technician 1 1007 $3,170.98 $18.29 $21.54 Office Technician 2 1001 $3,504.02 $20.22 $23.81 Admin. Specialist 1 1009 $3,504.02 $20.22 $23.81 Admin. Specialist 2 1012 $3,872.06 $22.34 $26.31 GIS Technician 1651 $4,565.75 $26.34 $31.02 Map Technician 2300 $4,070.33 $23.48 S27.65 Engineering Technician 1 2303 $4,497.88 $25.95 $30.56 Traffic Count Technician 2304 $3,251.14 S18.76 $22.09 Engineering Technician 2 2305 $5,224.83 $30.14 $35.50 Engineering Technician 3 2307 $6,069.24 $35.01 $41.24 Right -of -Way Agent 1 2317 $5,224.83 $30.14 S35.50 Right -of -Way Agent 2 2319 $6,069.24 $35.01 $41.24 EQUIPMENT CHARGES HOURLY TYPE CLASS RATE Sedan Midsize CARMD 3.25 Sedan Midsize Med. Use CARMM 4.25 Utility 4X4 UTIL M 7.00 Pickup Compact PUCOM 4.50 Pickup 1/2 Ton PU1 /2 6.00 Pickup 4x4 Light Use PU 4X4 7.00 Pickup Compact Heavy Use PUCML 3.75 Truck Class 3 TCL3A 12.00 Van, Mini VANMC 4.00 Computers (design only) COrMPU 2.33 Computer Plotter CPMPP 1.50 Nuclear Densometer NUCLE 2.00 Global Positioning GPS 32.00 EMPLOYEE RATES - ADMINISTRATION MONTHLY RATE (a) HOURLY RATE SOT RATE (c) TITLE CLASS Staff Assistant 3 1004 $4.847.76 $29.83 $23.42 Engineering Office Admin. 2329 $7,411.09 $45.61 $35.81 Engineer 4 2337 $8,608.86 $52.98 $41.59 County Engineer 2341 $10,253.10 $63.10 $49.54 Exhibit 3 Spokane County Engineering Services Labor and Equipment Rates 2003 (a) The "Monthly Rate" is the loaded labor rate per month for the class of employee at an advanced step placement, including benefits and L81 expenses (b) The 1.5 X rate is the overtime labor charge per hour worked over standard working hours. (c) Guild and Administration are paid Straight Overtime (SOT), and not the 1.5 rate of the Local 17 workers. Note 1: All rates are based on the most current labor contract (as of 1/31/2003) Note 2: Spokane County reserves the right to utilize any qualified worker for the City of Spokane Valley contracted work. Page 1 of 1 SUBMITTED BY: Interim Public Works Director C.LTY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -113 DATE ACTION IS REQUESTED: April 22, 2003 APPROVED FOR COUNCIL PACKET: Attorney Approve As To Form TITLE: Street maintenance — TYPE OF ACTION: Spokane County X Ordinance ATTACHMENTS: Resolution Agreement No. CO3 -33 City Manager Motion Dept. Head Other STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Authorize Interim Manager to execute Agreement No. CO3 -33 with Spokane County for street maintenance services. DISCUSSION: This agreement is submitted as discussed at the April 15, 2003 study session. ALTERNATIVES: None at this time. FISCAL IMPACT: SOURCE OF FUNDS: Street Fund AMOUNT BUDGETED: S2,152,504 AMOUNT NEEDED FOR PROJECT: Same as budget, however about 40% of budget is discretionary and may not be fully utilized. Return to: Danicla Erickson Clerk of the Board 1116 West Broadway Spokane, Washington 99260 INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND CiTY OF SPOKANE VALLEY REGARDING :PROVISION OF ROAD MAINTENANCE SERVICES (April 1., 2003 — December 31, 2004) THIS AGREErvIENT, made and entered into by and between Spokane County, a political subdivision of the State of Washington, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane, Washington, 99260, hereinafter referred to as the "COUNTY," and City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at the Redwood Plaza, 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washington, 99206, hereinafter referred to as the "CITY," jointly hereinafter referred to as the "PARTIES." W1TNESSETH: WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners of Spokane County ( "BOARD ") has the care of county property and management of funds and business; and WHEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley established midnight, March 31, 2003, as its official date of incorporation and upon that date will commence operations as a city; and W1.WREAS, pursuant to chapter 35.02 .R.CW, as of the official date of incorporation local governmental authority and jurisdiction with respect to the newly incorporated area transfers from Spokane County to City of Spokane Valley. Provided, however, Spokane County shall provide road maintenance for a period not to exceed sixty days from the official date of the incorporation or until forty percent (40 %) of the anticipated annual tax distribution from the road district tax levy is made to the City of Spokane Valley pursuant to RCW 35.02.140; and WHEREAS, chapter 39.34 RCW (Interlocal Cooperation Act), authorizes counties and cities to contract with each other to perform certain functions which each may legally perform; and WHEREAS, the City of Spokane Valley desires to provide quality street maintenance and traffic control services for its residents and to contract with Spokane County, through the County Engineer, for these services. Page 1 of 9 NOW, THEREFORE, for and in consideration of the mutual promises set forth hereinafter, the PARTIES do mutually agree as follows: SECTION NO. 1: PURPOSE The purpose of this Agreement is to set forth the provisions under which COUNTY, through the County Engineer, will provide street maintenance and traffic control services ( "Services ") to CITY. SECTION NO. 2: DURATION This initial term of this Agreement shall commence sixty (60) days from March 31, 2003 or when forty percent (40 %) of the anticipated annual tax distribution from the road district tax levy is made to CITY, whichever is the shorter time period, and run through 12:00 P.M. December 31, 2004. The PARTiEES anticipate that the date which CITY will receive forty (40 %) percent of the anticipated annual tax distribution from the road district levy will be May 10, 2003. At the conclusion of the initial team, this Agreement shall automatically be renewed upon the same terms and conditions from year to year thereafter effective January 1 to December 31, unless (i) either Party gives written notice of termination to the other Party by June 1 of the preceding calendar year to terminate for the following year or (ii) either Party wants a substantial change in the Agreement which is communicated to the other Party by June 1 of the preceding calendar year. A substantial change shall constitute a change in the dollar level of the contract of +1- 10% as outlined in the budget shown in Exhibit "4a" for 2003 and 2004, and updated annually thereafter. CITY, at its option, may reduce or increase services up to 10% of the dollar level of the contract with 60 days written notice to COT.TNTY. SEC7'I: NO. 3: COST OF SERVICES AND PAYMENTS In consideration for COUNTY providing base and discretionary services as set forth herein, CITY shall pay COUNTY for actual costs (including direct labor, supervision, employee benefits, equipment rental, materials and supplies, utilities, subcontracted work and permits) and overhead costs. Standard labor rates can be affected by overtime, extra holiday pay, shift differential, labor contracts, and on -call rates. Labor and equipment rates are shown in Exhibit "4b" and will be reviewed and modified when required. COUNTY will notify CITY in writing of any changes to or modifications of the labor and equipment rates. Estimated costs for the final seven (7) months (approximately) of 2003 and for all of 2004 are shown in Exhibit "4a." CITY will be billed for actual costs when work is completed. Estimated costs for requested services in future years will be provided to CITY as a part of annual budget discussions. Page 2 of 9 CITY shall pay COUNTY for the full cost (including salary, benefits, supplies, materials, equipment, and administrative overhead costs) of providing CITY with rapid - response staff in responding to emergencies. CITY shall be responsible for all extraordinary costs resulting from CITY'S decision to modify services. COUNTY will bill CiTY for the cost of services as outlined, monthly, during the first week of the month. Payments by CITY will be due by the 5 of the following month. At the sole option of COUNTY, a penalty may be assessed on any late payment by CITY based on lost interest earnings had the payment been timely paid and invested in the Spokane County Treasurer's investment Pool. SECTION NO. 4: SERVICES PROVIDED 1. Base Level Services COUNTY will provide street and traffic maintenance services as identified in Exhibit "1" within CITY boundaries at the same level, degree and type as is customarily provided by COUNTY in unincorporated Spokane County. Actual levels of service provided by COUNTY will be those adopted by CITY and COUNTY in annual budget processes. COUNTY is a contractor for CITY and will provide services requested by CITY so Tong as such services are within COUNTY'S ability to provide. Actual services provided by COUNTY shall be of the type, nature and magnitude subsequently negotiated between CITY and COUNTY during the PARTIES' annual budget and planning processes. After adoption of budget and plan, within the constraints of the base level services program described CITY may request adjustments to individual tasks in order to meet specific needs. COUNTY shall consider all such requests and, whenever practicable, alter the work program as necessary. COUN'T'Y is a contractor of services only and does not purport to represent CITY professionally other than in providing the services requested by CITY. Any changes to the level and /or scope of services provided under this Agreement which would change the established budget commitment for labor, equipment and materials, shall be negotiated and mutually agreed upon in writing between the COUNTY Engineer and the CITY Manager. The amendment shall be appended to this Agreement 2. Discretionary Services At the request of CiTY, COUNTY will provide discretionary services as listed in Exhibit "2." Exhibit "2" may be mutually amended from time to time by written agreement of COUNTY Engineer and CITY Manager. The amendment shall be appended to this Agreement. Page 3 of 9 Other discretionary services, defined as those services which provide an enhanced level of service beyond what is normally provided by COUNTY in the unincorporated areas, and services resulting in installation of new traffic devices (such as traffic signs or pavement markings) or maintenance facilities (such projects which would increase the programmed service levels), will be furnished through the procedure identified in Exhibit "3." 3. COUNTY and CITY Coordination COUNTY will identify specific liaisons for both street and traffic maintenance services to handle day -to -day operational activities related to basic and discretionary services. CITY will identify a liaison for the sane purposes. The liaisons will meet regularly to review the performance of this Agreement. Emergency work to protect public safety and /or property will be handled as COUNTY or CITY liaison deems necessary. Emergency work may include, but is not limited to, snow and ice control, slide and /or debris removal, flooding, repair of flood damage to roads and road rights -of- way, repair of traffic signal malfunctions, or replacement of downed stop signs. CITY liaison will be informed of and involved with the incident as soon as practicable. COUNTY shall, upon receipt of a copy of a right -of -way construction permit issued by CITY Property Services Division to a utility contractor for work to be clone within CITY limits, inspect the road restoration work completed by that contractor to ensure that it meets applicable COUNTY or CITY standards. Non- emergency citizen requests will be referred to CITY. CITY will be responsible for prioritizing requests. 4. CITY Responsibilities In conjunction with COUNTY providing the services described in Subsections 1 and 2 of this SECTION, TION, CiTY, in executing this Agreement, does: (a) Confer on COUNTY the authority to perform the street and traffic maintenance services within CITY limits for the purposes of carrying out this Agreement. (b) Grant COUNTY the authority to act as its agent to inspect roadway restoration done by utility companies within its corporate limits. The inspections will be initiated through CITY's right -of- way construction permit process. (c) Agree that when COUNTY provides engineering and administrative services for CITY, County Engineer may exercise all the powers and perform all the duties vested by law or by resolution in the City Engineer or other officer or department charged with street administration. Page 4 of 9 (d) Adopt by reference all COUNTY ordinances, resolutions and codes necessary to provide authority for COUNTY to perform the services under this Agreement (for example, road standards, speed limits and parking regulations). SECTION NO. 5: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other conununications are received when sent by personal delivery; or (2) the third day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to PARTIES at the address set forth below, or at such other address as the PARTIES shall from time -to -time designate by notice in writing to the other PARTIES: COUNTY: Spokane County Chief Executive Officer or his/her authorized representative 1 1 16 West Broadway Avenue Spokane, Washington 99260 Spokane County Engineer 1026 W. Broadway Avenue Spokane, Washington 99260 -0170 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 NO. 6: COUNTERPARTS This Agreement may he executed in any number of counterparts, each of which, when so executed and delivered, shall he an original, but such counterparts shall together constitute but one and the same. SECTION NO. 7: SUBCONTRACT COUNTY may subcontract any of its responsibilities set forth herein provided COUNTY retains the appropriate supervision and inspection of the contractor's work. SECTION NO. 8: LIABILITY (a) COUNTY agrees to indemnify and defend CITY from any loss, cost or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of COUNTY, its employees or agents in connection with the services to be performed by COUNTY under the terms of this Agreement. Page 5 of 9 (b) CiTY agrees to indemnify and defend COUNTY from any loss, cost or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of CITY, its employees or agents in connection with the obligations of CITY under the terms of this Agreement. (c) If the negligence or willful misconduct of both COUNTY and CITY, or a person identified above for which each is liable, is a cause of such damage or injury, the Toss cost of expenses shall be shared between COUNTY and CITY in a proportion to their relative degrees of negligence or willful misconduct and the right of indemnity shall apply to such proportion. (d) In executing this A.greement, COUNTY does not assume liability or responsibility for or in any way releases CiTY from any liability or responsibility which arises in whole or in part from the existence or effect of CITY ordinances, polices, rules, road standards or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and /or validity of any such CITY ordinance, to include its constitutionality, policy, rule or regulation is at issue, CITY shall defend the same at its sole expense and, if judgment is entered or cla.mages are awarded against CITY, COUNTY or both, CITY shall satisfy the sane, including all chargeable costs and reasonable attorney's fees. (e) The foregoing indemnity is specifically intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance Act, Chapter 51 RCW, respecting the other Party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. PARTIES acknowledge that these provisions were specifically negotiated and agreed upon by them. (t) 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 S5,000,000 aggregate limits professional liability and auto liability coverages. SECTION NO. 9: RELATIONSHIP OF THE PARTIES The PARTIES intend that an independent contractor relationship will be created by this Agreement. No agent, employee, servant or representative of COUNTY shall be deemed to be an employee, agent, servant or representative of CiTY for any purpose. Likewise, no agent, employee, servant or representative of CITY shall be deemed to be an employee, agent, servant or representative of COUNTY for any purpose. Control of personnel standards of performance, discipline and all other aspects of performance, including that of the staff, shall be covered entirely by COUNTY. COUNTY shall furnish all personnel and such resources and materials deemed by COUNTY as necessary to provide the street and traffic services herein described and subsequently authorized by CITY. Page 6 of 9 SECTION NO. 10: MODIFICATION, TERMINATION This Agreement may be modified in writing by mutual agreement of the PARTIES. Any Party may terminate this Agreement For any reason whatsoever upon a minimum of 180 days written notice to the other Party. Any Party may terminate this Agreement upon a breach by the another Party, provided the Party seeking to terminate the Agreement shall provide at least 30 days written notice and an opportunity to cure to the breaching Party. Upon termination, CITY shall be obligated to pay for only those services rendered prior to the date of termination. SECTION NO. 11: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized by COUNTY in providing services under the teens of this Agreement shall remain with COUNTY unless specifically and mutually agreed by the PARTIES. SECTION NO. 12: GENERAL TERMS This Agreement contains terms and conditions agreed upon by the PAR ILLS. The PARTIES agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change or addition is in \\Thing, executed by the PARTIES. Both PARTIES agrees to aid and assist the other Party in accomplishing the objectives of this Agreement. This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. SECTION NO. 13: VENUE STI=PULATION 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 proceedings for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. SECTION NO. 14: SEVERABILITY It is understood and agreed among the PARTIES that if any parts, terms or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard to the remainder of the. Agreement. If it should appear that any part, term or Page 7 of 9 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 NO. 15: HEADINGS The section headings appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to define, limit or extend the scope or intent of the sections to which they pertain. SECTION NO. 16: CONTRACT ADMINISTRZATION The PARTIES shall each appoint representatives to review contract performance and resolve problems, which cannot be dealt with by COUNTY and CiTY liaisons. The PARTIES shall notify the other in writing of its designated representatives. COUNTY and CITY liaisons will meet periodically, with either Party authorized to call additional meetings with ten days written notice to the other. Any problem, which cannot be resolved by the PARTIES` designated representatives, shall be referred to CITY Manager and the Spokane County Engineer for settlement. SECTION NO. 17: AUDITS AND INSPECTIONS The records and documents, with respect to all matters covered by this Agreement, shall be subject to inspection, review, or audit by COUNTY or CITY during the term of this contract and three (3) years after termination. SECTION NO. 18 RECORDS All records prepared or produced by COUNTY in conjunction providing services to CITY under the. terns of this Agreement shall be the property of the COUNTY. Upon ternination of this Agreement, COUNTY agrees to make copies of all such records which may be requested by CiTY. 1'agc 8 of 9 IN WITNESS HEREOF, the PARTIES have caused this Agreement to be executed on 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 DATED: Attest: Its: City Clerk (Title) Approved as to form only: Acting City Attorney E:IVoIIcy Cityll=inal Contracte\Rd Malta Interlocal valley 02I303.doc Page 9 of 9 JOI ROSKELLEY, Chair M. KATE MCCASLIN, Vice -Chair PHILLIP D. HARRIS CITY OF SPOKANE VALLEY: By: Spokane County will provide street and traffic maintenance services within CiTY limits of Spokane Valley at the levels described in Section 1 oldie Agreement, as follows (actual levels of service provided by COUNTY will be those adopted by CITY and COUNTY in annual budget proc.esses).Traf iic and street maintenance service levels as set by CITY shall reflect City policies and may or may not be similar to County policies. CITY shall be solely responsible for setting service level policies for all roadway features. COUNTY is merely a contractor for purposes of implementation of City policy. 1. Street Maintenance - The following are examples of street maintenance services provided by COUNTY. Actual services will be in the magnitude, nature and manner requested by CiTY. 2. Traffic. Maintenance - The following arc exarnples of traffic maintenance services provided by COUNTY. Actual services will be in the magnitude, nature and rrman.ner requested by CITY. Page 1 of 2 i3ASE LEVEL SERVICES 1.1 Traveled WayfR.oadway Surface: Patching, crack sealing, prelevel, pavement replacement, grading, gravelling, sweeping and flushing. 1.2 Shoulders: Restoration and repair. 1.3 Drainage: Cleaning debris from drainage pipes, catch basins, drywells, culverts, ditches, gutters, and curb and gutter inlets. Repairing damage to existing drainage facilities such as drainage pipes, catch basins, drywells, culverts, ditches, gutters and curb and gutter inlets. 1.4 Winter Maintenance: Sanding, liquid de- icing, snow removal and chasing water from roadway surfaces. 1.5 Roadside: Cutting or trimming bushes or limbs blocking visibility. 2.1 Sign Maintenance: Replacing faded sign faces and broken posts, straightening leaning posts, relocating signs for visibility or pedestrian safety, maintenance of vandalized signs or signs clamagecl by vehicle accidents, inspection of signs to check. for visibility or pedestrian safety, maintenance of vandalized signs or signs to check for reflectivity, removal of signs when appropriate. 2.2 Crosswalk Marking: Refurbishing, installing new, and removal when appropriate. EXHIBIT "1" Page 2 of 2 2.3 Stop Bars Marking: Refirrbishing, installing new and removal when appropriate. 2.4 Arrows/Legends Marking: Refurbishing, installing new and removing when appropriate. 2.5 Curb Painting: Maintenance of curbing, islands, and parking stalls. 2.6 Raised Pavement Markers: Removal and replacement of raised pavement markers or rumble bars. 2.7 Striping: Painting linear road stripes on pavement, such as centerlines, edge lines, radius and channelization, and removal of line, stripes or symbols from the pavement. 2.8 Street Lights: Replacement of light bulbs in existing street lights not maintained by power companies, repair and replacement of street light heads, poles or wiring. 2.9 Utility Locating: Locating underground traffic facilities for utilities or other digging operations. 2.10 Signal Maintenance: Replacing and cleaning light systems for signal and flasher displays and signs, installation and repair of vehicle detector loops, checking and adjusting signal timing, examining traffic signal operation to assure it is operating as intended, inspecting hardware for wear or deficiencies, testing and repairing of electronic control devices and components, repair or replacement of signal and flasher displays, supports or wiring external to controller cabinet, modification of controller cabinets, testing of new and modified cabinets and control devices, traffic counter testing and repair and preventative maintenance. 2.1 1 Flasher /Crosswalk Preventative Maintenance: E_.xamining to assure equipment is operating as intended and inspecting hardware for wear or deficiencies and repairing components as required. Dust Oil Preparation DISCRETIONARY SERVICES Spokane County will provide the following road discretionary services within CITY limits of Spokane Valley at the same level, degree and type as is customarily provided by COUNTY in the unincorporated areas. Actual services provided will be those requested by CITY. Such services will be in the magnitude, nature and manner requested by CITY. CITY will set its own service standards for all discretionary services. Discretionary services shall be requested by CL"I'Y as outlined in Exhibit "3 ". 1. Provide street overlays, fog seals and other roadway surface protection and improvements. 3. Sidewalk and path maintenance 4. Guardrail and right-of-way fence maintenance 5. Curb Maintenance 6. Median Maintenance 7. Roadside mowing, tree clearing and removal 8. Weed control 9. Irrigation repair and maintenance 10. Litter and dead animal pickup 11. Contour control 12. Weight restriction signing 13. Such other specific services as CITY may direct, and COUNTY shall accept, to perform. EXHIBIT "2" DISCRETIONARY SERVICE• REQUEST PROCEDURE 1. Request for services is received or identified by CITY. 2. CITY determines if it is a discretionary or basic service request. If it is a discretionary request, CITY liaison fills out a Request for Discretionary Road Maintenance Service Form A (attached). 3. CITY Manager or designee signs Form A under the Authorization for Request of Discretionary Service" section. 4. Form A is faxed to COUNTY liaison. 5. COUNTY liaison delegates the request to the appropriate section for investigation. 6. Following the investigation the Form B section of the discretionary request is filled in by, the appropriate section representative (Form B includes the recommended action, cost estimate work order number and proposed schedule -see attached). 7. COUNTY Engineer or designee reviews the request and signs if approved. The signed Form 13 is forwarded to CITY. 8. If the cost estimate is over $500, Form 13 is faxed back to CITY liaison for an approval signature by CITY Manager or designee to upend over that amount. 9. Once Form B has been completed and returned to the appropriate section, the work is scheduled. 10. When the work has been finished, a copy of the completed work order is mailed or faxed to CITY. 11. COUNTY and City liaisons maintain a file of completed Work Orders and copies of the associated discretionary service request form. Page 1 of 2 EXHIBIT "3" Request Number: Nature of Request: Location: Requester Name: Telephone: Fax: Authorization of Request of Discretionary Service: City of Spokane Valley Authorized Signature Date Date: Recommended Action: Cost Estimate: Authorization to Proceed: Spokane County Engineer Date (Printed Name) (Printed Name) Page 2 of 2 CITY OF SPOKANE VALLEY REQUEST AND APPROVAL FOR DISCRETIONARY ROAD MAINTENANCE SERVICES Project/Work Order Number: Proposed Schedule: City of Spokane Valley Authorized Signature (if cost is over 5500.00) Date. FORM A FORM B ROAD MAINTENANCE ACTIVITIES ACTIVITY NAME - PROD UNITS SPO VAL CONTRACT 19% MGT. OVERHEAD 5% ADMIN. OVERHEAD TOTAL COMMENTS 2312 Dust Control Prep LF S 8,300 $ 1,577 $ 415 $ 10,292 DISCRETIONARY 2320 Shoulder Repair SM S 27,000 $ 5,130 $ 1,350 $ 33,480 2322 Shoulder Maint. Grader SM S 38,800 $ 7,372 $ 1,940 $ 48,112 2330 Gravel /Dirt Rd Grading RM 5 15,300 $ 2,907 $ 765 $ 18,972 2340 Pothole Patching Tons S 158,100 $ 30,039 $ 7,905 $ 196,044 2340W Winter Pothole Patch Tons S 20,400 $ 3,876 $ 1,020 $ 25,296 2343 PR &R SY $ 285,600 $ 54,264 $ 14,280 $ 354,144 2344 Crack Sealing LF 5 122,400 $ 23,256 $ 6,120 $ 151,776 2346 Slade Patch Hot Tons $ 91,800 $ 17,442 $ 4,590 $ 113,832 2351 Gravel/Dirt Rd Temp CY S 1,000 $ 190 $ 50 $ 1,240 2413 Light Ditch Cleaning DM 5 1,000 $ 190 $ 50 $ 1,240 2511 Bridge Inspection HR $ 1,500 $ 285 $ 75 $ 1,860 DISCRETIONARY 2512 Bridge Repair -Sup LOC $ 10,200 $ 1,938 $ 510 $ 12,648 2513 Bridge Repair -Sub LOC $ 5,100 $ 969 S 255 $ 6,324 2610 Sidewalk Repair SY $ 1,500 $ 285 $ 75 $ 1,860 DISCRETIONARY 2611 Curbs LF $ 1,000 $ 190 $ 50 $ 1,240 DISCRETIONARY 2620 Paths LS $ 500 $ 95 S 25 $ 620 DISCRETIONARY 2645 Guardrail Maint. LF $ 12,200 $ 2,318 S 610 $ 15,128 DISCRETIONARY 2646 R/W Fencing HR $ 2,600 $ 494 $ 130 $ 3,224 DISCRETIONARY 2647 Median Maint. HR $ 5,100 $ 969 $ 255 $ 6,324 DISCRETIONARY 2661 Liquid Deicing GAL $ 153,000 $ 29,070 S 7,650 $ 189,720 2662 Sanding CY $ 234,600 $ 44,574 S 11,730 $ 290,904 2663 Snow Removal- Roadway MI $ 224,400 $ 42,636 $ 11,220 $ 278,256 2664 Snow Removal Sidewalks HR $ 5,100 $ 969 $ 255 $ 6,324 2670 Street Cleaning PM $ 382,500 $ 72,675 5 19,125 $ 474,300 2671 Winter Sweeping RM $ 51,000 $ 9,690 5 2,550 $ 63,240 2673 Sweepings Clean -up HR $ 4,100 $ 779 S 205 $ 5,084 2711 Roadside Mowing RM $ 10,200 $ 1,938 $ 510 $ 12,648 DISCRETIONARY 2712 Brush Clearing/Tree HR $ 35,700 $ 6,783 $ 1,785 $ 44,268 DISCRETIONARY 2713 Weed Control -Res MI $ 20,400 $ 3,876 S 1,020 $ 25,296 DISCRETIONARY 2713A Weed Control - Res(no spray) HR $ 5,100 $ 969 5 255 $ 6,324 DISCRETIONARY 2714 Weed Control -Gen MI $ 30,600 $ 5,814 $ 1,530 $ 37,944 DISCRETIONARY Exhibit 4a BUDGET FOR CITY OF SPOKANE VALLEY 2004 1 of 2 Exhibit 4a BUDGET FOR CITY OF SPOKANE VALLEY 2004 ROAD MAINTENANCE ACTIVITIES ACTIVITY 2714A 2720 2750 2750D 2753 2760 2762 9710 9720 9730 9740 9742 9747 9750 9751 2641 2642 2643 2644 2649 NAME Weed Control - Fen(no spray) Irrigation Litter Pickup Litter Pickup Deer Litter Control Contour Control Contour Control -RJW Drywell Repair Drywell Cleanout Culvert Repair Culvert Cleanout Swale Maintenance Curb, Gutter, & Inlet Repair Chasing Water Investigation TMS,Sign Maintenance TMS,Signal Maintenance TMS,Striping TMS,Crosswalks & Mesgs Weight Restriction Signing PROD UNITS SPO VAL CONTRACT 19% MGT. 1 5% ADMIN. OVERHEAD I OVERHEAD HR HR HR EA HR HR HR EA EA LF EA HR HR HR HR TOTALS FOR ROAD MAINTENANCE ACTIVITIES: HR HR RM HR HR TOTALS FOR TRAFFIC MAINTENANCE ACTIVITIES: $ 3,100 $ 589 1 5 155 5,100 $ 9691$ 255 $ 6,324 $ 7,100 S 1,349 1 $ 355 $ 4,100 $ 779 1 $ 205 $ 2,000 $ 380 1 $ 100 $ 1,000 $ 190 1 $ 50 $ 1,000 $ 1901$ 50 $ 15,800 $ 3,002 1 5 790 $ 62,200 $ 11,818 1 $ 3,110 $ 5,100 $ 969 1 S 255 $ 3,100 $ 589 1 5 155 $ 3,100 $ 58915 155 S 7,100 $ 1,34915 355 S 3,100 5 589 1 5 155 $ 69,400 $ 224,400 $ 86,700 $ 32,600 $ 1,500 $ 414,600 $ 13,186 $ 42,636 $ 16,473 $ 6,194 $ 285 $ 78,774 3,470 $ 11,220 4,335 $ 1,630 $ 75 $ 20,730 GRAND TOTAL: TOTAL $ 8,804 $ 5,084 $ 2,480 $ 1,240 $ 1,240 $ 3,844 $ 19,592 $ 77,128 $ 6,324 $ 3,844 $ 3,844 $ 8,804 $ 3,844 S 7,100 5 1,349 1 5 355 $ 8,804 $ 2,096,100 $ 398,259 1 $ 104, 805 $ 2,599,164 $ 86,056 $ 278,256 $ 107,508 $ 40,424 $ 1,860 COMMENTS DISCRETIONARY DISCRETIONARY DISCRETIONARY DISCRETIONARY DISCRETIONARY DISCRETIONARY DISCRETIONARY TRAFFIC MAINTENANCE ACTIVITIES DISCRETIONARY $ 514,1041 $3,113,268 2 of 2 MAINTENANCE WORKERS MONTHLY RATE (a) HOURLY RATE DS RATE (b) 1 1.5 X 1 RATE (c) 2.5 X RATE (d) TITLE CLASS Extra Help (5 month position) 2231X 1560 9.71 n/a 14,56 24.27 Seasonal Help (9 month position) 2251S 3605 20.8 n/a 22.95 37.77 Road Maint. Specialist I 2251 4109 23.71 24.31 25.9 42.69 Road Maint. Specialist II 2261 4395 25.36 25.96 27.67 45.64 Road Maint. Specialist III 2271 4586 26.46 27.08 28.84 47.6 Road Maint. Specialist IV 2281 4787 27.62 28.22 30.08 49.66 ADMINISTRATION & MANAGEMENT MONTHLY RATE (a) HOURLY RATE DS RATE (b) SOT RATE (e) 2 X RATE (f) TITLE CLASS Training Foreman 2211 6094 35.16 n/a 25.67 n/a Material Resource Manager 2219 9094 35.16 n/a 25.67 n/a Sotrmwater Program Res. 2128 6566 37.88 n/a 27.61 n/a Operations Manager 2309 6233 35.96 n/a 26.3 n/a Administrative Specialist II 1012 3892 22.45 n/a 24.59 n/a EQUIPMENT CHARGES HOURLY RATE TYPE CLASS Dump Truck TCL8D $33.00 Water Truck TCL8W $40.00 Oil Distributor ASPHT $56.75 Motor Grader GRADE $32.00 Backhoe BACKH $21.00 Asphalt Paver PAVER $50.00 Wheel Loader LOADE $26.00 Sweeper SWEEP $40.00 Broom BROOM $50.00 Sander SANDE $64.50 Roller ROLLS $50.00 Truck & Plow PLOW $43.00 Truck & Pup TCL8D $43.00 Vactor TCL8V $60.00 MAINTENANCE SUPERVISION MONTHLY RATE (a) HOURLY RATE DS RATE (b) SOT RATE (e) 2 X RATE (f) TITLE CLASS Road Maintenance Foreman I 2208 5799 33.46 n/a 24.45 48.19 Road Maint. /Utility Inspector 2208 5799 33.46 n/a 24.45 48.19 Road Maint. Supervisor II 2210 6732 38.84 n/a 28.29 55.87 Road Maint. Superintendent 2222 7050 40,67 n/a _ 29.71 n/a ROAD MAINTENANCE Exhibit 4b Spokane County Maintenance Labor and Equipment Rates (a) The "Monthly Rate" is the loaded labor rate per month for the class of employee at an average step placement, including benefits and L &I expenses (b) The Differential Shift (DS) rate is the hourly labor charge for those workers assigned to evening shifts (swing and gravaeyard) (c) The 1.5 X rate is the overtime labor charge per hour worked over standard working hours. (d) The 2.5 X rate is the overtime labor charge per hour worked for working standard holidays. (e) Maintenance Supervision, Administration and Management are paid Straight Overtime (SOT), and not the 1.5 rate of the maintenance workers. (f) The SOT rate is also appleid to recognized holiday pay resulting in 2 X, not 2.5 X allowed for maintenance workers. Note 1: Call -out offer normal working hours is charged a minimum 4 hours straight time, or at the 1.5 X overtime rate for maintenance workers only. Note 2: All rates are based on the most current labor contract (as of 1131/2003) Note 3: Spokane County reserves the right to utilize any qualified worker for the City of Spokane Valley contracted work. Page 1 of 2 MAINTENANCE WORKERS MONTHLY I RATE (a) HOURLY RATE STANDBY RATE (gr 1.5 X RATE (c) 2.5 X RATE (d) TITLE CLASS Extra Help (5 month position) 2231X $1,560 $9.71 n/a $14.56 $24.27 Traffic Signal Technician II 2311 $5,529 $31.90 footnote (g) $33.88 $45.17 Taffic Signal Technician III 2312 $6,107 $35.23 footnote (g) $37.44 $49.91 Chief Traffic Signal Technician 2313 $6,580 $37.96 footnote (g) $40.35 $53.80 Traffic Sign Technician 1 2242 $4,079 $23.53 n/a $25.11 $33.47 Traffic Sign Technician 11 2265 $4,621 $26.66 n/a $28.45 $37.93 Traffic Sign Technician 111 2274 $5,006 $28.88 n/a $30.66 $40.88 Traffic Sign Technician IV 2287 $5,393 $31.12 n/a $33.04 $44.06 Chief Traffic Sign Technician 2283 $6,419 $37.03 n/a $39.35 $52.47 EQUIPMENT CHARGES HOURLY RATE TYPE CLASS 1.5 Ton Truck TCLM4 $12.00 Bucket Truck TCL3B S7.50 Class 4 Truck TCLS4 312.00 Heavy Use Truck TCL6L 37.50 1/2 Ton Truck PU1/2 S6.00 Compact 4X4 P4X4C 34.30 Mini Van VANMC 54.00 Midsize Sedan CARMD 33.25 Striper Truck PTRKC $44.75 ADMINISTRATION & MANAGEMENT MONTHLY RATE (a) HOURLY RATE STANDBY RATE (g) SOT RATE (e) 2 X RATE (f) TITLE CLASS Engineer 111 2335 37,451 342.99 n/a 330.48 n/a TRAFFIC CONTROL MAINTENANCE Exhibit 4b Spokane County Maintenance Labor and Equipment Rates (a) The "Monthly Rate" is the loaded labor rate per month for the class of employee at an average step placement, including benefits and L&I expenses (b) The On -call rate is the hourly labor charge for those workers assigned to evening shifts (swing and gravaeyard) (c) The 1.5 X rate is the overtime labor charge per hour worked over standard working hours. (d) The 2.5 X rate is the overtime labor charge per hour worked for working standard holidays. (e) Administration and Management are paid Straight Overtime (SOT), and not the 1.5 rate of the maintenance workers. (f) The SOT rate is also applid to recognized holiday pay resulting in 2 X, not 2.5 X allowed for maintenance workers. (g) "Standby rates are used for signal emergencies: Weekday evenings, 4 p.m. to 7a.m., are paid at $0,70 per hour Weekends, running from 4 p.m. Friday to 7 a.m Monday, $2.00 per hour Standard Holidays, beginning 12:01a.m. on any standard holiday for 24 hours ending at midnight on the calendar holiday, 33.00 per hour. Note 1: Call -out otter norrnal working hours is charged a minimum 4 hours straight time, or at the 1.5 X overtime rate for maintenance workers only. Note 2: All rates are based on the most current labor contract (as of 1/31/2003) Note 3: Spokane County reserves the right to utilize any qualified worker for the City of Spokane Valley contracted work. Page 2 of 2 ROAD MAINTENANCE ACTIVITIES ACTIVITY NAME PROD UNITS SPO VAL CONTRACT 19% MGT. OVERHEAD 5% ADMIN. OVERHEAD TOTAL COMMENTS 2312 Dust Control Prep LF $ 8,100 $ 1,539 $ 405 $ 10,044 DISCRETIONARY 2320 Shoulder Repair SM $ 2,500 $ 475 $ 125 $ 3,100 2322 Shoulder Maint. Grader SM $ 32,000 $ 6,080 $ 1,600 $ 39,660 2330 Gravel /Dirt Rd Grading RM $ 15,000 $ 2,850 $ 750 $ 18,600 2340 Pothole Patching Tons $ 155,000 $ 29,450 $ 7,750 $ 192,200 2343 PR&R SY $ 280,000 $ 53,200 $ 14,000 $ 347,200 2344 Crack Sealing LF $ 90,000 $ 17,100 $ 4,500 $ 111,600 2346 Blade Patch Hot Tons $ 90,000 $ 17,100 $ 4,500 $ 111,600 2511 Bridge Inspection HR $ 1,500 $ 285 $ 75 $ 1,860 DISCRETIONARY 2512 Bridge Repair -Sup LOC $ 10,000 $ 1,900 $ 500 $ 12,400 2513 Bridge Repair -Sub LOC $ 5,000 $ 950 $ 250 $ 6,200 2610 Sidewalk Repair SY $ 1,500 $ 285 $ 75 $ 1,860 DISCRETIONARY 2611 Curbs LF $ 1,000 $ 190 $ 50 $ 1,240 DISCRETIONARY 2620 Paths LS $ 500 $ 95 $ 25 $ 620 DISCRETIONARY 2645 Guardrail Maint. LF $ 10,000 S 1,900 $ 500 $ 12,400 DISCRETIONARY 2646 R/VV Fencing HR $ 2,500 $ 475 $ 125 $ 3,100 DISCRETIONARY 2647 Median Maint. HR $ 5,000 $ 950 $ 250 $ 6,200 DISCRETIONARY 2661 Liquid Deicing GAL $ 50,000 S 9,500 $ 2,500 $ 62,000 2662 Sanding CY $ 80,000 S 15,200 $ 4,000 $ 99,200 2663 Snow Rernoval- Roadway MI $ 120,000 S 22,800 $ 6,000 $ 148,800 2670 Street Cleaning PM $ 225,000 S 42,750 $ 11,250 $ 279,000 2673 Sweepings Clean -up HR $ 2,500 $ 475 $ 125 $ 3,100 2711 Roadside Mowing RM $ 10,000 5 1,900 $ 500 $ 12,400 DISCRETIONARY 2712 Brush Clearing/Tree HR $ 25,000 $ 4,750 $ 1,250 $ 31,000 DISCRETIONARY 2713 Weed Control -Res MI $ 20,000 $ 3,800 $ 1,000 $ 24,800 DISCRETIONARY 2713A Weed Control- Res(no spray) HR $ 5,000 5 950 $ 250 $ 6,200 DISCRETIONARY 2714 Weed Control -Gen MI $ 30,000 $ 5,700 $ 1,500 $ 37,200 DISCRETIONARY 2714A Weed Control - Fen(no spray) HR $ 5,000 $ 950 $ 250 $ 6,200 DISCRETIONARY 2720 Irrigation HR $ 5,000 $ 950 $ 250 $ 6,200 DISCRETIONARY 2750 Litter Pickup HR $ 2,000 $ 380 $ 100 $ 2,480 DISCRETIONARY 2750D Litter Pickup Deer EA $ 2,000 S 380 $ 100 $ 2,480 DISCRETIONARY 2753 Litter Control HR $ 1,000 5 190 $ 50 $ 1,240 DISCRETIONARY Exhibit 4a BUDGET FOR CITY OF SPOKANE VALLEY May through December - 2003 1 of 2 Exhibit 4a BUDGET FOR CITY OF SPOKANE VALLEY May through December - 2003 ROAD MAINTENANCE ACTIVITIES ACTIVITY 2760 2762 9710 9720 9730 9740 9742 9747 9750 9751 2641 2642 2643 2644 2649 2653 NAME PROD UNITS Contour Control Contour Control -R/W Drywell Repair Drywell Cleanout Culvert Repair Culvert Cleanout Swale Maintenance Curb, Gutter, & Inlet Repair Chasing Water Investigation HR TOTALS FOR ROAD MAINTENANCE ACTIVITIES: TRAFFIC MAINTENANCE ACTIVITIES TMS,Sign Maintenance TMS,Signal Maintenance TMS,Striping TMS,Crosswalks & Mesgs Weight Restriction Signing Striping -Prep & Cleanup HR HR EA EA LF EA HR HR HR HR HR RM HR HR HR TOTALS FOR TRAFFIC MAINTENANCE ACTIVITIES: SPO VAL CONTRACT $ 1,000 S 3,000 S 15,500 S 51,000 S 5,000 S 2,500 $ 3,000 $ 7,000 S 2,000 $ 5,000 S 1,387,100 $ 41,000 $ 132,000 $ 85,000 $ 32,000 $ 1,500 500 $ 292,000 19% MGT. OVERHEAD 5% ADMIN. OVERHEAD TOTAL COMMENTS $ 190 570 2,945 9,690 S 950 475 $ 570 $ 1,330 $ 380 $ 950 $ 263,549 $ 7,790 $ 25,080 $ 16,150 $ 6,080 $ 285 $ 95 $ 55,480 $ 250 $ 6,200 $ 50 $ 1,240 $ 150 1 $ 3,720 $ 775 1 $ 19,220 $ 2,550 $ 63,240 $ 125 1 $ 3,100 $ 150 $ 3,720 $ 350 $ 8,680 $ 100 $ 2,480 $ 250 $ 6,200 69,355 1 $ 1,720,004 2,050 6,600 4,250 1,600 75 25 $ 14,600 GRANDTOTAL: $ 50,840 $ 163,680 S 105,400 $ 39,680 1,860 S 620 DISCRETIONARY DISCRETIONARY DISCRETIONARY $ 362,0801 $2,082,084 2 of 2 SUBMITTED BY: Lee Walton CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2Q0 3 - e) 7 DATE ACTION 1S REQUESTED: April , 2003 APPROVED FOR COU L PACKET: City Manager Dept. Head Attorney Approve As To F'orni TITLE: TYPE OF ACTION: (Ordinance #5io, -A1), Amending Ordinance #56 to authorize the licensing of Cats ATTAC Ordinance #56 -A1 X Ordinance Resolution Motion Other STAFF RECOMMENDS C(.)UNCIL MAKE A MOTION TO: Waive first reading and advance Ord 51. -Al to second reading for adoption. DISCUSSION: In adopting the County Animal Ord by reference, the section dealing with the licensing of cast was omitted. In subsequent discussions it was determined that this omission would reduce net revenues and deprive Spokane Valley residents of special benefits relating to the spaying and neutering of licensed cats. Also, omitting cats would be inconsistent with provisions in other jurisdictions served by this Department. In a previous Study Session the Council consensus was that the provisions for cat licensing should be incorporated in Ord #5.6. ALTERNATIVES: To not amend the Ord and not license cats in the City. FISCAL IMPACT: SOURCE OF FUNDS: General Fund AMOUNT BUDGETED: S286,000 AMOUNT NEEDED FOR PROJECT: No additional funds are required other than that already authorized. CITY Or SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 56 -Al AN ORDINANCE OF THE, CiTY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING ORDINANCE NO. 56 WHICH ADOPTED BY REFERENCE CHAPTERS 5.04 AND 5.12 OF THE SPOKANE; COUNTY CODE AS THE ANIMAL CONTROL RIE.GULATIONS FOR THE CITY OF SPOKANE VALLEY. WHEREAS, the City Council has determined that the regulation and licensing of animals within the limits of the City of Spokane Valley will protect human health and safety and to the greatest degree practicable prevent injury to property and cruelty to animals; and WHEREAS, Spokane County has requested and the City Council has determined that it is in the best interest of the City of Spokane Valley to adopt regulations that relate to cat licensing. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do ordain as follows: Section 1. Amendment. Pursuant to RCW 35A.11.020 and RCW 35A.12.140, the City of Spokane Valley adopts by reference Section 5.04.031 of the Spokane County Code entitled "Cat License - Required" as now in effect and subsequently amended. Any reference to "Spokane County" shall be construed to refer to Spokane Valley. Section 2. Repeal. Section2 of Ordinance No. 56 is hereby repealed in its entirety. The remainder of Ordinance No. 56 including the adoption of Chapter 5.04 entitled "Dogs and Cats" and Chapter 5.12 entitled "inheritently Dangerous Mammals /Reptiles" of the Spokane County Code is not affected by this repeal. Section 5. Severability. if any section, sentence, clause or phrase of this ordinance shall 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 6. 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. PASSEL by the City Council this day of April, 2003. S:1OrdinanceslOrdinance No. 56 -A 1 ,animal reams amend.doc Mayor, Michael DeVlem ng ATTEST: Interim City Clerk, Ruth Muller Approved as to Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: S:\Ordinances \Ordinance No. 56-A ',animal regs amend.doc DATE ACTION IS REQUESTED: April 8, 2003 -first reading April 22, 2003- second reading ATTACHMENTS: APPROVED FOR Ordinance No. 63 COUNCIL PACKET: City Manager Dept. Head Attorney Approve As To Form TITLE: TYPE OF ACTION: Street obstruction regulations X Ordinance Resolution Motion Other SUBMITTED BY: Interim Public `Yorks Director CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -100 STAFF RECOMMENDS COUNCiL MAKE A MOTION TO: Advance Ordinance No. 63 to second reading. DISCUSSION: Many times it is necessary for agencies, contractors, and /or individuals to perform work and /or conduct activities within the public right of way. To ensure the public safety and protect the public's interest in the right of way, staff proposes that Council adopt an ordinance requiring permits for such activity within the public right of way. This ordinance establishes standards and procedures for any permits issued for such street obstruction activity. At first reading of this ordinance, Council requested clarification and changes that have been incorporated into this revised ordinance. ALTERNATiVES: Do not require permit for street obstruction activity and not have any control over activities conducted vith.in the public right of ways. FISCAL IIVIPACT: Cost for inspection and enforcement of permit activity to be recovered by permit fee. SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 63 AN ORDINANCE OF THE CITY OF' SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING STANDARDS AND PROCEDURES FOR CONSTRUCTION WORK AND ACTIVITY WITHIN CITY RIGHT -OF -WAY WHEREAS, it is often necessary to perform work and/or otherwise conduct activities within the publ ic . - iWht -0f- -way; WHEREAS, to ensure the public safety and protect the public's interest in the right of -_ way, the City Council has determined that a permit should be obtained when work or activity obstructs the public right : Af way; and WHEREAS, the City Council has determined that the regulation and permitting of construction work within the streets and rights -of -way of the City of Spokane Valley f are_ - _ - {Deleted: i necessary to protect the safety and general welfare of the traveling public. NOW THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do ordain as follows: Section 1. Definitions. For the purposes of this Ordinance the following terms, phrases and words shall have the following meaning. A. "Applicant" is any person, firm or entity making written application to the Director for an obstruction permit. 13. "City" is the City of Spokane Valley. C. "Construction work" is the excavation or above ground construction work permitted under this Ordinance. D. "Director" means the City Manager or designee (anticipated to be the Public Works Director). '' E. "Easement" means any City easement for access or public utilities. r / r, F. "Improvement" is any public or private improvement, including the property of public a' utilities. o, ,6 6 , rr � G. "Obstruction permit ", also known as a right -of -way permit, is the authorization t granted by the City to perfoln2 wa ortonduct in'a'spetifred rrghtUf- 1%wilyar : S:SCktlinnocc3_Qnlinn"ce N'.63 uteri obitntMi 1cillitic dQc - { Deleted: Deleted: Deleted: =id Deleted: I'rgc Deleted: Deleted: 03.13w„mcnts anal Sect irkedthid My Documems\Ordinmcee No.63, street obstruction (rev).doc Inserted: C: \pocetmcnrs and Srsting$ ty Doctenr•nts5Ordinance No.63, street obstruction (rev).doc Deleted: S:tOrdinanccs'Ordinancc No.63, street ubstructiun.duc J easement. H. "Permittee" is any person who has been granted and has in full force and effect a permit issued hereunder. I. "Person" is any person, firm, corporation or service provider. J. "Public Infrastructure" is any necessary construction, performed within the City right- of-way or on private property, to install City facilities, including streets, sidewalks, storm drainage, street lights, sanitary sewers and/or water lines and necessary appurtenances, as identified within City standards. K. "Right -of -Way" or "Public Way" means all property in which the City has any form of ownership or title and which is held for public street or utility purposes, regardless of whether or not any street or utility exists thereon or whether it is used, improved or maintained for public use. L. "Street" is any street, highway, sidewalk, alley, avenue or other public way, easement, or other public place in the City. Section 2. Obstruction Permit Required. An obstruction permit is required of any person who performs construction work or otherwise engages in activity within existing or proposed City rights -of -way, streets, easements, or on City owned infrastructure. Work done by or for the Cit within its ri ht -of -wa ' will not rt:.l wire an obstruction ermit but will be held to the sane standards of performance. In the case of an emergency, a private or public utility may commence work prior to obtaining a permit, provided the person obtains a construction permit within forty - eight (48) hours after work is commenced or on the first City business day followin said elapsed forty -eight (48) hour period. Section 3. Obstruction Permit - Application. No obstruction permit shall be issued unless a written application is submitted and approved by the Director. The application shall, at a m inimum, contain the following: A. Construction plans or drawings approved by the Director f•rerauired; 13. The period of time during which the right of way will be obstructed; and C. Proof of the contractor's and all subcontractor state licensing, insurance and requirements. Depending upon the nature and extent of the construction activity or work, the Director may require engineering, restoration and drainage Tans reared by a W ton licensed] k,',' engineer at applicant's sole cost and expense. S OtdinancestOrdiuttcc No.6: %Irvvt bSlNCtiotMAitjrc, iy Page 2 ' f Deleted: CADocu tents Jtd rte Setiings'dthiel \lynncuments'dhdinance 4 0 Na.63, street obsnuclimt (tcv).doc Inserted: C:Snocuinrnts end ScuingsMrthicI\My Dacunavt3 \Otdinutnec N6.63, street otsuoction (rev) doc Deleted: 5:,C1rdinnnceil irdinnnoe No.63, strecs obstructit i,doc Section 4. Obstruction Permit Fees. Obstruction Permit fees shall be adopted by Resolution of the City Council. Section 5, Notice fie uired. The applicant shall give to the Director notice not less than forty- eight (48) hours before any work or activity is commenced and shall notify the Director upon completion of the same. to the event of an unexpected repair or emergency, work may he commenced as required under the circumstances. Unexpected repairs and emergency work shall comply with all other requirements of this Ordinance. Section 6. Construction Standards. All work within the City right -of -way shall be in accordance with adopted City standards in effect at the time of the application for the permit. These include but are not limited to current versions of the Spokane County Standards for Road and Sewer Construction; the Manual on Uniform Traffic Control Devices (MUTCD) Washint,*ton State Department of Transportation (WSDOT) Standard Specifications for Road. Bridle and Municipal Construction; and applicable standards of the American Public Works Association (APWA). Section 7. Maintaining; Access. In the event it is necessary for the permittee to excavate the entire width of the street, no more than half of the street shall be opened for construction and closed to traffic at one time. Such portion of the work shall be backfilled and completed before the remaining portion of the street may be excavated. If it is impossible, infeasible or unsafe to permit the work ehilelnaintainiq an open lane for traffic, The Director - _ _ _- ma '. with the concurrence of the Chief of Police and fire Chief sermit the street to be blocked for a short period of time where suitable detours can be provided and the public will not be unnecessarily inconvenienced. Thepermittee shall - furnish facilities,such_as_brid ,ges or other -- - ----- - - - --- suitable means, or clearly identify appropriate detours, to allow the flow of traffic without unnecessary congestion. ppropriate sitnage and traffic control shall be furnished in accordance with the MU_TCD. Section 8. Traffic Control. Permittee is responsible for all traffic control and assumes the responsibility to maintain appropriate signage, signals and barricades that protects the public safety. in accordance with the MUTCD. Permittee shall provide for the safe operation of all equipment, vehicles and persons within the right of way. Section 9. Damage to Existine Improvements. All damage to existing public or private improvements during the progress of the construction work or activity shall be repaired by the permittee. Methods and materials for such repair shall conform with adopted City standards. If the permittee fails to furnish the necessary labor and materials for such repairs, the Director shall have the authority to cause said necessary labor and materials to be furnished by the City and the cost shall be charged against the permittee. Such charge shall be immediately paid by permittee and shall, if not paid on demand, be deemed a valid claim on the bond filed with the City. Section 10. Apt dinnthteAhdntmicc \0.f 5 3ttccUtSImetiolt_LMjne,i�.'� � r r City's Right to R9store Ridh o1 aid F.,isemenCs- tt`theyei:rne itfe ' - f eaac_3 Deleted: o{xning the entire width of the stria tt one tier_ Deleted: Deleted: opened Deleted: without Deleted: The Director may, with the con:urretree of the Chief of Polioe nod Fire Chief, permit a ta cri to be blocked for n shoe period of time where suitnblc detours can be ptowided and the public, will not be unnecessarily incemsmicnecd. Deleted: Page Deleted: 1 Deleted: C:Docunxots ScningskItltiefthty I)ncumciatOr finance to,63, street obsrmctfon (rev) doe Inserted: CADoeurrtenuend ScningsklslticM9y D cumcou\Ordinnucc No.63. street obsrrtectien (rev),doc Deleted: S:\Ordinanceel.Orttintutc^ 1 N o.63, sired obstruction,doc I 1 fails to restore any City right -of -way or easement to its original and proper condition upon the expiration of the time fixed by such permit or shall otherwise fail to complete the right -of -way construction work covered by such permit or if the work of the permitter is defective and the defect is discovered within one. (1) year from the completion of the right -of -way construction work, the Director or designee shall have the right to do all work and things necessary to restore the right -of -way and /or easement and to complete the right -of -way construction work. The permittee shall be liable for all costs and expenses of restoration or completion. The City shall have a cause of action for all fees, expenses and amounts paid for such work. Following demand, the City may enforce its rights pursuant to this Ordinance. No additional permits shall be granted until the invoice for City - performed work has been paid. Section 11. bond. For the purpose of providing for the completion of the work or otherwise restoring the right of way to City standards, applicant shall post a performance bond with the City Clerk. The bond shall be: (1) issued by a surety licensed to do business in the State of Washington and (2) in an amount equal to 100 percent of the estimated cost of the work (or other reasonable measure of value) solely determined by the Director. If the improvements have not been timely or satisfactorily completed, the Director shall give notice of the same to permittee. The Notice shall state: (I) the work to be done; (2) the time to complete the work which shall not exceed 30 days; and (3) that if the work is not commenced and completed within the time allotted, the City will cause the work to be completed and use the bond proceeds to pay for the. same. All costs in excess of the bond proceeds may be recovered through appropriate legal action by the City Attorney. A bond may be waived where proof of self - insurance is provided. The Director is authorized to reduce the amount oldie I3ond where good cause exists. Section 12. insurance - Evidence. Permittee, prior to the commencement of construction hereunder, shall furnish the Director satisfactory evidence in writing that the permittee has in force during the performance of the construction work or activity, commercial general liability insurance of not less than one million dollars ($1,000,000.00) per occurrence and one million dollars (S1,000,000.00) general aggregate duly issued by an insurance company authorized to do business in this state. in addition, the policy shall name the City as an additional named insured. The Director may reduce the insurance limits if good cause exists. Section 13. Indemnification and Hold Harmless. The permittee shall defend, indemnify and hold harmless the City, its officers, officials, employees and volunteers from any and all claims, injuries, damages, losses or suits, including attorney fees, arising out of the permit issued order this ordinance except as may be caused by the negligence or willful conduct on the part of the City. 1, 1, , n, Section 14. Rules and Policy. To implement the Obstruction Permit and provide for the public health and safety the Director, under the supervision of the City Manager, may develop and adopt rules, policies and forms consistent tvlththe ordirtante.' ? ytl' adt�p [rZ1'�iltc�,'15oltci�'aiit1 S u6 3 rarer ckstnrtiCo.A0i iitON Deleted: Page Deleted:. Deleted: C:1Dommans end Settings1/41thcclL\ty Document OTdin:rtce No.63, sh at obstruction (tcv),doc Inserted: C:Iui umrnts and Settings'dthielL \ty DcxamciatOtdivancc No.63, street obstntction (rcv),dnc Deleted: S; Drdinence: tOrdinance No.63, same obsmrtiotn,dc. 3 forms shall be filed with the City Clerk. Section 15. Penalties. Any person violating the provisions of this Ordinance shall be deemed to have committed a Class 1 Civil Infraction. For any violation of a continuing nature, each day's violation shall be considered a separate offense. Section 16. Severability. The invalidity of any section, subsection, provision, clause, or portion thereof, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this Ordinance or the validity of its application to other persons or circumstances. Section 17. Effective Date. This Ordinance shall be in full force and effect five (5) days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. ATTEST: Passed By the City Council of the City of Spokane Valley on April , 2003. Interim City Clerk, Ruth Miller Approved As To Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: C:1tlrtlinnnces5fhdin:ucre No 63 greet obits ueiiro=tcdliiteAS Mayor, Michael DeVleming 0, t1 i • , j Deleted: S:tiOrdinances\Ordinamcc No.63, mica 122g5 Deleted: Page Deleted: y Deleted: C:11.3c.Y.unntu wtd SettirgstdthieTMy Documentslordintutrc No.63, strop obstruction (rev).doc Inserted: C:Docutncnts and Scuinly. 4thieNvty Doeunarins5 eclinnnce No.63, street alx tzuction (rev).doe i DATE ACTION IS R EQUESTED: April 8, 2003 -first reading April 22, 2003- second reading ATTACHMENTS: APPROVED FOR Ordinance No. 64 COUN . ACKET: ity Manager Dept. Head Attorney Approve As To Form TITLE: TYPE OF ACTION: Special Events regulations X Ordinance Resolution Motion Other SUBMITTED BY: Interim City Manager CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003-101 STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Adopt Ordinance No. 64. DISCUSSION: There will be many community organizations and citizens who will wish to sponsor and conduct special events within the City and on public property. Staff recommends that reasonable guidelines and a permitting process be established to protect the public health, safety and welfare during special events. This ordinance provides for a permitting process and regulations governing such special events within the City. At first reading of this ordinance, Council discussed provisions in Section 8 and changes have been made as suggested. The word "shall" has been replaced with the word "may" and sub letter (d) has been removed. ALTERNATIVES: Do not provide a permit process for special events and no City control over conduct of any special events within the City. FISCAL IMPACT: Cost for permit administration covered by fee and bond /deposit required for guarantee public property returned to acceptable condition. SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 64 AN ORDiNANCE OF THE CITY OF SPOKANE. VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING REGULATIONS FOR SPECIAL EVENTS. WHEREAS, it is in the interests of the City of Spokane Valley to allow community organizations and citizens to sponsor special events within the City; and WHEREAS, reasonable guidelines and a permitting process are necessary to protect the public's health, safety and welfare during special events. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Definitions. A. "Applicant" is the person, t`irm or entity making application for a permit. B. "Parade" means any march or procession consisting of people, animals, bicycles, vehicles, or combination thereof, except wedding processions and funeral processions, upon any public street or sidewalk which does not comply with adopted traffic regulations or controls. C. "Run" means an organized procession or race consisting of people, bicycles, or other vehicular devices or combination thereof comprising fifteen (15) or more persons upon the public street or sidewalk. D. "Public Property" means a street or other public place (i.e. Park) sunder the control and authority of the City. E. "Special Event" means any use, parade, run, street dance, or other demonstration and exhibition on public property. F. "Street" or "Streets" means any public roadway, sidewalk, or portions thereof in the City of Spokane Valley dedicated to the public use. G. "Street Dance" means any organized dance of five or more persons on any public street, public sidewalk or publicly owned parking lot. H. "Use" means any activity (including sporting activities), function or event where fifteen or more people are estimated to_att:end. Section 2. Permit. No person shall conduct a special event upon public property unless a petniit has been obtained from the City Manager or designee. Section 3. Permit- Application -Fee. The Fee for a special event shall be determined by Resolution. Section 4. Permit- Application - Contents. Applications for a special events permit S:lOrdinanccs\Ordinance No.br,special evente.doc shall state: (a) name and address of applicant; (b) date and time of event; (c) name of sponsoring person or organization; (d) probable number of participants; (e) routes to include starting point and termination; (f) required access to public right of way; (g) location of assembly area; (h) copy of general liability insurance stating coverage; (i) security and traffic control provisions; (j) emergency medical provisions; and (k) a clean up plan. Section 5. Permit - Application - Filing. An application for a special event permit shall be filed with the City Manager not less than fifteen (15) days before the date on which the event will occur. The City Manager shall notify the applicant in writing of approval or disapproval, no later than five (5) days following the date of application. Section 6. Bond Required. The City Manager shall require a cash deposit or performance bond as a guarantee that the public property will be cleaned and returned to the condition in which it was found. The amount shall not be less than $50.00 and no more than $1,000.00. The City Manager shall determine the amount of bond or deposit by considering type of event, projected number of participants and spectators, and the sponsor's experience. For an event where clean up or other potential expenses would likely exceed $1,000.00, the City Manager shall refer the natter to the City Council for consideration. Section 7. Insurance Required. The applicant shall show proof of liability insurance with a combined single limit of one million dollars ($1,000,000.00) per occurrence. Evidence of insurance shall be filed with the application and shall name the City of Spokane Valley as additional named insured. Depending upon the nature of the special event and its risk to the public and private individuals, the City Manager may reduce the liability limits. Section 8. Permit - Issuance Standards. The City Manager may issue a special event permit unless: (a) the time, route, and size will unreasonably disrupt the movement of traffic along streets; (b) the size or nature of the event requires supervision by a significant number of police officers that causes unreasonable expense or diversion of police duties; (c) the applicant failed to remit all fees, documents, or bonds. . Section 9. Traffic Control. The City Manager or designee may require any reasonable and necessary traffic control with the applicant responsible for the expense. The City Manager shall notify the applicant of any City projected traffic control expense and collect this amount before a permit is issued. Section 10. Appeal Procedure. Upon denial of a permit by the City Manager, an applicant may appeal to the City Council by filing a written notice of the appeal within ten (10) days from the City Manager's decision. Upon such appeal, the City Council may reverse, affirm or modify the City Manager's determination. Section 11. Permit Revocation or Suspension. The special event permit issued under this ordinance is temporary and vests no permanent rights in the applicant, and may be immediately revoked or suspended by the City Manager if: (a) the applicant has made a misstatement of material fact in the information supplied; (b) the applicant has failed to fulfill a tern or condition of the permit in a timely manner; (c) the applicant requests the cancellation of the permit or cancels the event; (d) the activity endangers or threatens persons or property, or otherwise jeopardizes the health, safety or welfare of persons or property; (e) the activity conducted is in violation of any of the terms or conditions of the special event permit; (f) an emergency or occurrence requires the cancellation or termination of the event in order to protect the public health or safety; or (g) the applicant fails to prepay expenses. The City shall refund the permit fee in the event of revocation caused by an emergency or S:1Ordinances \Ordinance No.&I. pecial events.doc supervening occurrence. All other refunds shall be at the discretion of the City Manager. Section 12. Rules and Policy. To implement the Special Event permit, the City Manager may develop and adopt rules, policies and forms consistent with this ordinance. All adopted rules, policies and forms shall be filed with the City Clerk. Section 13. Violation/Penalty. Violation of this ordinance is a Class 1 Civil infraction. Section 14. Severability. 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 15. Effective Date. This Ordinance shall be in full force and effect five (5) days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. ATTEST: PASSED by the City Council this day of April, 2003. Interim City Clerk, Ruth Muller Approved As To Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: S;4Ordinattoes \Ordinance No.64,special cvenis.doc Mayor, Michael DeVleming CHECK DATE . .C1,4ECK NUMBER A AMOUNT 0/.1—/ P PAYEE . .. . D DJWARTMENT 4/4/2003 1 1P7 to $ $1 5 P Proilunan Company C Consulting se rvices for period ending 3128103 ' 'T? :• FOR THE ITEMS INDICATED BELOW; DIANA WILHITE CLAIM VOUCHER LISTING CITY OF SPOKANE VALLEY, WASHINGTON 99206 Clatin Voucher Usting - 4-4-03 DI T\ • I Council Meeting 4/8/2003 Total this page: $130,190.45 Page 1 ‹r 'CHECK DATE . CI:HICK NUMBER 1 WIT • i - PAYEE. DESCRIPTION ----4 `---s T.7,74/4/2003 - Re ntat - 4/101 r ' | " ' ::::::::::::::' ::::.i: - ::::::.:.:::::: .:;::.:.•,:.;::: :::::::"..:;: ... :;:;:::: ;:::::: ::::::.:::. :::::::::: . :::::::::::: ::::::::: ..,:::::::: :;:::::-.:. .::::::::::: :::::::::: ::::::::::: *::::::::::: 1::::::::::; :::::::::::::::L::::::::::: :::::::::-; . :::::::::: ::::::::::: , -:..U:.:.-,.:- N. :::-::. 0 01.<7: , :•:•: , :0 ..:E.:" •:•:.:•:•:. :::: ::-'.."..!-. ''. N-2-:::. ..-..:„..:.:. ....:....z. J :::::::::: :: ::: :4:::::::::: ti: ::::.:-.:::::::- ::::::::::::: , ...:::-._::::::::::::::::::: : :::::....,2:::: : ::.::::::::11 : ea-:::::::::: ok::::::::: t \k:-... (u1::::::::::7 w:::::: ( 4.::::::::::: . ..x::::::: ..::::::::.:::: .::::z::: ....::::::: :::: .;:::::::::. •::::::::: ::::::::: :::::::::: ::::::::::: .::::::: ...:::::::::::.. Credit c tirp7 - - - - 4i4/2003 * • • • $387.53 Royal Business Systems igiiii:i:::i!iii:Miiiii:illiiii:::i: Copy costs and stapies - - i,i!iii:iiMiadijili!ii,i 4/4/20.03 $338.03 MCPC Office supplies %/ i.re4 * • * Linen 4/4/20 _..i:iik:Fli:i:i::!1.. $31.20 Amedcan Floor mat service V 2 9 ?0 ,:::;:i;ili!iii' .. L-272.05 Resource Computing Network hardware i tabor, desktop tech support ' 3 s . . • * ..! .6. - 4/4/2603 250.71 High Meals for Council meetings ' • L , - . L 4/4/2003 ..---. -± ?io5.17 Karin Bosworth Reimbursement for supplies o . .1 . .7 . :.t . ei. . i 'ii:iiiiiiiiiiniMi:iiiii i i i i i ii - • - •.:•:-:.:.,.....,..,:.:•:•:.:•:::•:•:.:•,,,,,,,,,,,,,•!-!•:•:..:::•:-:•:•1-;•:•:-;•: •i•i•,:•:-:•:•,,,,,..,::..:•:.:.:.:.:.:.:..•.....•:.:::•:,:i.:1,;: ::::.:::::;.:::::.:.::::::::::,,,:::: 4/4 $3,500.00 City of Spokane Valley Committee for Inc. Seed monay& ticket sales reimbursement 1 d . 4i , .1 - /266 , 3 * • • - 21,238.68 . JVH Technical plotter laminatin0pacbine & supplies ;; _ 4/4/2003 : Bankcard processing Center Credit card pymt: air fare, mtg meals chairs Vilp. 4/1-1C. 4 - /5.95 Hewlett-Rackard Company _ . Server hardware, software and tech support ,. ./ _ ' - e1-P.. L 4 96 Sue Larson Reimbursement for postage & mlg supplies '' ' 51) 414/2003 00 APA - Inland Empire Section Conference regiiitiiiOn ior Scott • Kuhla V ei $384.00 Occupational Medicine Associates Employment audio exams & lab screenings V cq '1%I:.: . . 4 $150.00 Irnprast fund Increase change fund for Permit Center roit Hill ITEMS INDICATED HELDIV: APPROVED - FINANCE COMMITTE • DIANA WILHITE RICHARD MUNSON CM-14WN A:Claim Vouches Litting 44•03 CLAIM VOUCHER LISTING CITY OF SPOKANE VALLEY, WASHINGTON 99206 6.)24.1c,, Total this page: $150,401.18 GRAND TOTAL: $280 59-14 4-ts: Page 2 4 czgt ti(O3 DATE ACTION IS REQUESTED: April 22, 2003 TITLE: Animal Control TYPE OF ACTION: Agreement Ordinance APPROVED FOR COUNCIL PACKET: ATTACHMENTS: Resolution Agreement No. CO3 -35 City Manager X Motion Dept. Head Other Attorney Approve As To Form SUBMITTED BY: Interim City Manager CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION FISCAL IMPACT: SOURCE OF FUNDS: General Fund AMOUNT BUDGETED: $286,200 AMOUNT NEEDED FOR PROJECT: S286,083 Agenda Bill No. 2003 -110 STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Authorize the Interim City Manager to execute Agreement No. CO3 -35 for animal control services with Spokane County. DISCUSSION: At the February 20, 2003 Spokane County provided information about the services that would he available to Spokane Valley for animal control services by County staff. Ordinance No. 56 was approveded by the City Council on March 20, 2003 adopting by reference Spokane County animal control regulations as the City's animal regulations. This agreement has been negotiated between City staff and Spokane County establishing provisions for enforcing the City's animal control regulations for the years 2003 and 2004. ALTERNATIVES: 1) contract with a private agency for providing enforcement of the City's regulations, or 2) develop an in -house animal control department with necessary equipment and facilities. Return to: Daniela Erickson Clerk of the Board 1116 West Broadway Spokane, Washington 99260 THIS AGREEMENT, made and entered into by and between Spokane County, a political subdivision of the State of Washington, having offices for the transaction of business at West 1116 Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as "COUNTY," and the City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at the Redwood Plaza, 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washington 99206, hereinafter referred to as "CITY," jointly Hereinafter referred to as the "PARTIES." 1NTERLOCAL AGREEMENT FOR ANIMAL CONTROL SERVICES IN THE CITY OF SPOKANE VALLEY (April 1, 2003-December 31, 2004) W ITN ESSETH: WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners has the care of County property and the management of County funds and business; and WHEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley established 12:0.1. A.M., April 1., 2003, as its official date of incorporation and upon that date will commence operations as a city; and WHEREAS, pursuant to chapter 35.02 .RCW, as of the official date of incorporation, local governmental authority and jurisdiction with respect to the newly incorporated area transfers from Spokane County to the City of Spokane Valley; and WHEREAS, chapter 39.34 RCW (lnterlocal Cooperation Act), authorizes counties and cities to contract with each other to perform certain functions which each may legally perform.; and WHEREAS, pursuant to RCW 36.32.1.20(6) and RCW 36.32.120(7), Spokane County, through its Board of County Commissioners, may enact ordinances dealing with animal control within the unincorporated area of Spokane County; and WHEREAS, the City of Spokane Valley may enact ordinances dealing with animal control within its boundaries; and WHEREAS, Spokane County has established an Animal Control Department managed by an Animal Control Director. Spokane County also owns and operates an animal shelter located at 2521 N. Flora Road, Spokane Valley, Washington; and WHEREAS, H:EREAS, the City of Spokane Valley desires to employ the services of Spokane County to perform certain animal control functions within the boundaries of the City of Spokane Valley. NOW THEREFORE for and in consideration of the mutual promises set forth hereinafter the PARTIES do hereby agree as follows: SECTION NO. I: PURPOSE The purpose of the Agreement is to reduce to writing the PARTiES understanding as to the terms and conditions under which COUNTY, through its Animal Control Department, will provide "Animal Control Services" to CITY within its boundaries. It is the intent of the PARTIES that Animal Control Services to be provided by COUNTY will be consistent with the City's Council/Manager form of government provided for in chapter 35A.13 RCW and within the statutory responsibilities of a City Animal Control Officer. For the purpose of this Agreement, Animal Control Services shall encompass the duties and functions which the COUNTY'S Animal Control Department customarily provides within the unincorporated areas of Spokane County. Said services shall include: 1. Enforcement of CITY'S Animal Control Ordinance; 2. Enforcement of CITY'S inherently Dangerous ivlammais /Repti.les Ordinance; 3. Enforcement of chapter 16.08 RCW (Dogs); 4. .Enforcement of chapter 16.52 RCW (Prevention of Cruelty to Animals); and 5. Enforcement of chapter 1.6.54 RCW (Abandoned Animals). Enforcement includes those items set forth in Attachment "A," attached hereto and incorporated herein by reference, as they relate to "field services," "shelter services" and "educational services;" the licensing of dogs, cats and inherently dangerous mammals/reptiles; Page 2 of 9 and appearing before all administrative and judicial hearings in conjunction with such duties and functions. COUNTY, at its discretion, may conduct surveys within CITY for unlicensed dogs and cats. in conjunction with the enforcement of 1 and 2 herein above, CITY shall adopt and keep current by appropriate legislative action, an (i} Animal Control Ordinance and (ii) inherently Dangerous Mammals/Reptiles Ordinance substantially identical to those adopted by COUNTY as they presently exist or as they may hereinafter be modified/amended, to include all fees/penalties. This responsibility shall not be deemed a restriction upon the CITY's legislative power. COUNTY'S ordinances are respectively codified as of Chapter 5.04 of the Spokane County Code and Chapter 5.12 of the Spokane County Code. COUNTY shall provide CiTY with a copy of Chapter 5.04 and Chapter 5.12 of the Spokane County Code and all subsequent modifications/amendments thereto. CITY snail provide COUNTY with copies of its adopted /amended Ordinances substantially identical to Chapters 5.04 and 5.12 of the Spokane County Code. CITY shall provide legal counsel to prosecute any citations/connplaints issued by COUNTY in enforcement of 1 through 5 herein above in the Municipal Court or Superior Court. in performing the above services, COUNTY will provide such personnel, as it deems necessary as well as any and all vehicles and materials of any kind or nature whatsoever at no cost to CITY. Standards of performance, discipline of employees, and other matters incidental to providing such Animal Control Services to include control /supervision. of personnel shall remain in COUNTY. All persons employed in the performance of Animal Control Services shall be COUNTY employees. COUNTY Animal Control Director agrees to meet and confer with CITY with respect to staff assigned to provide Animal Control Services. Issues of discipline or performance will be specifically left to COUNTY. COUNTY shall designate those persons it desires to be commissioned by CITY'S Chief of Police to issue notices of infraction and criminal citations contemplated by this Agreement. COUNTY will provide CITY'S Chief of Police with appropriate information to demonstrate the qualifications of the designated person to act: under commission of CITY'S Chief of .Police. Nothing herein contained shall make any employee of COUNTY an employee of CITY. The COUNTY Animal Control Director or his /her designee agrees to attend staff meetings as requested by the CITY Manager. CiTY shall supply at its own cost and expense any special supplies or stationai), which it requests COUNTY use in providing Animal Control Services. Page 3 of 9 COUNTY will provide Animal Control Services above and beyond those set forth herein to CITY at cost negotiated between CITY and COUNTY. SECTION NO. 2: DURATION This Agreement shall be effective at 12:01 A.M. on April 1, 2003, and run through 1.2:00 P.M. December 31, 2004, unless one of the PARTIES provides notice of termination as provided in Sections No. 4 and 9 of this Agreement. SECTION NO. 3: COST OF SERVICES AND PAYMENTS CiTY shall pay COUNTY the actual costs for Animal Control Services provided under this Agreement. The estimated cost for Animal Control. Services under this Agreement for calendar year 2003 shall be TWO HUNDRED EIGHTY SIX THOUSAND EIGHTY THREE DOLLARS ($286,083). CITY'S cost was arrived at by using the methodology set forth in Attachment "B," attached hereto and incorporated herein by reference. The methodology contemplates that COUNTY will retain all revenues as outlined in Attachment "B," collected from performing such services. The PARTIES agree to use the same methodologies contained in Attachment "B" to arrive at the estimated costs for calendar year 2004 Animal Control Services. The PARTIES recognize that the costs will more than likely increase in 2004. For instance, staff may receive salary adjustments by COUNTY and/or the maintenance and operation expenses of the Animal Control Office may increase. These increases or potential decreases will be reflected in the figures used in the methodologies for calculating the CITY'S 2004 estimated costs. Additionally, the methodologies will use the Spokane Animal Control Department Time Study Analysis Report ( "Report"). This Report tracks the actual amount of time spent by Animal Control staff on animal control services in CITY and other areas of Spokane County. At the end of calendar year 2003 and calendar year 2004 respectively, using the numbers in the Report, COUNTY will determine whether or not the estimated percentage number used as the basis for calculating costs of Animal Control Services was accurate. To the extent that CITY was over billed in any year, it will receive a credit to be applied as mutually agreed. if CiTY was under billed, it will receive a debit in the subsequent billing. The adjustment will normally take place in March of the year following the year Animal Control Services were performed. COUNTY will bill CITY for the cost of services as outlined, monthly, dining the first week of the month. Payments by CITY will be due by the 5 day of the following month. At the sole option of COUNTY, a penalty may be assessed on any late payment by CITY based on Page 4 of 9 lost interest earnings had the payment been timely paid and invested in the Spokane County Treasurer's Investment Pool. SECTION NO. 4: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other conmiunications 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 PARTIES at the address set forth below for such Party, or at such other address as PARTIES shall from time- to-time designate by notice in writing to the other PARTY: COUNTY: CITY: SECTION NO. 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 NO. 6: ASSIGNMENT No Party may assign in whole or in part its interest in this Agreement without the approval of all other PARTIES. Page 5uf9 Spokane County Chief Executive Officer or his/her authorized representative 1 116 West Broadway Avenue Spokane, Washington 99260 Animal Control Shelter 2521 North Flora Road Spokane Valley, Washington 99216 Attention: Animal Control Director City of Spokane Valley City Manager or his/her authorized representative Redwood Plaza 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 SEC ION NO. 7: LIABILITY (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, Toss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or 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, foss, 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 judgrnent in said suit be rendered against CITY, and its officers, agents, and employees, or any of them, or jointly against C]TY 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 aJ.l 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, Y, 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 governmentai 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 .I.ndusniai Insurance Act; Chapter 5.1 R.CW, 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 PART 'ia~'S acknowledge that these provisions were specifically negotiated and agreed upon by thorn. (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 COUNTY professional liability and auto liability coverages. SECTION NO. 8: RELA i I_ONSH.I P OF THE 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 CITY for any purpose. Likewise, no Page6of9 agent employee, servant or CiTY representative shall be deemed to be an employee, agent, servant or representative of COUNTY for any purpose. SECTION NO. 9: MODIFICATION/TERMINATION This Agreement may be modified in writing by mutual agreement of the PA.RTiES. Any Party may terminate this Agreement for any reason whatsoever upon a minimum of 180 days written notice to the other .PARTIES. Upon termination, CITY shall be obligated to pay for only those Animal Control Services rendered prior to the date of termination based upon a pro rata division of those costs set forth in Section No. 3 herein above to the date of.tennination. Upon termination, at CITY'S option, COUNTY shall continue to provide Animal Control Services to completion for those cri.rninal /infraction cases filed prior to the enective date of the termination. SECTION NO. 10: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized in by COUNTY is providing Animal Control Services shall remain with the COUNTY unless specifically and mutually agreed by the PAR.T.I ES to the contrary. SEC TION NO. 11: ALL WRITINGS CONTAINED M.EREIN /BINDING EFFECT This Agreement contains terms and conditions agreed upon by the PARTIES. The .PARTIES agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement_ No changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change or addition is in writing, executed by the PARTIES. This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. SECTION NO. 12: DISPUTE RESOLUTION Any dispute among the PARTIES with respect to the methodologies used to calculate the 2004 costs of Animal Control Services under the terms of this Agreement that cannot be resolved between the PARTIES shall be subject to arbitration. COUNTY and CiTY shall each have the right to designate a person to act as an arbitrator. The two selected arbitrators shall. then jointly select a third arbitrator. The decision of the arbitration panel shall be binding on COUNTY and CITY. Page 7 of 9 The costs of the arbitration panel shall be jointly split between COUNTY and CITY. The decision of the arbitration panel shall be binding and not subject to judicial review. SECTION NO. 13: VENUE S T .I rte. 'lJLATION This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each party that this Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. SECTION NO. 14: SEVERABILITY It is understood and agreed among the PARTIES that if any parts, terms or provisions of this Agreement are held by the courts to be illegal., the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard to the remainder of the Agreement. if it should appear that any part, tern 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 NO. 15: READINGS The section headings appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. in no way do they purport to, and shall not be deemed to define, limit or extend the scope or intent of the sections to which they pertain. SECTION NO. 16: DESIGNATION OF ADMINISTRATOR COUNTY appoints the COUNTY Animal Control Director or his/her designee as its agent for the purposes of administering the terms of this Agreement. COUNTY Animal Control Director agrees to meet with CITY on a monthly basis to review the services being provided herein.. The Animal Control Director or his /her designee will i.m.mediately notify the CITY Manager or hisfner designee of any Animal Control emergency within CITY. SECTION NO. 17: .RECORDS • a e 1 of All public records prepared, owned, used or retained by COUNTY and/or Animal Control Department in conjunction with providing Animal Control Services under the terms of this Agreement shall be deemed CITY property and shall he made available to CITY upon request by CITY Manager. COUNTY or Animal Control Department will notify CITY of any public disclosure request under chapter 42.17 RCW for copies or viewing of such records as well as the COUNTY'S response thereto. SECTION NO. 18: ASSURANCE COUNTY represent and assure CITY that no other city or town will receive more favored treatment in receipt of Animal Control Services than that made available to CITY for similar services. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on 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: M. KATE MCCASLIN Daniela Erickson, Deputy DATED: Attest: (Title) City Clerk Approved as to form only: Acting City Attorney Page 9ofi JOHN ROSKELLEY, Chair PHILLIP D. HARRIS, Vice - Chair CITY OF SPOKANE VALLEY Fly: Its: F 1Vsllcy C:ih4lhnit CammaclAnimal Canxm anmcd acxarvl 0305034inal.d Animal Control Services Field Services: All field services are provided during normal hours of operation: Normal hours of operation- animal control officer on duly: Monday — Friday 7:00 AM— 6 :00 PM & Saturday 9:00 AM— 5:00 Pivi— except holidays • Dog at Large complaints • Cat at large on private property • Dog barking • Dog or cat no license • Dog or cat no rabies vaccination • Dog threatens person • Dog threatens domestic animal • Dog or cat bite • Injured dog or cat • Sick dog or cat • Agency assist • Abandoned animal • Animal cruelty • Dead on arrival dog or cat • Confined dog or cat • Trapping dog or cat • Vicious dog • Kennel inspections • Dangerous dog inspections • Inherently dangerous mammal or reptile inspections • Other as deemed necessary by the department Emergency services only after normal hours of operation: • Injured or sick dog/cat. • Dog/cat bite— dog/cat is still at large. • Dog bite — severe dog bite (victim is in hospital and dog will need to be quarantined immediately in the county shelter). • Vicious or threatening dog — dog threatens persons or domestic animals and is still at large. • Animal in our humane trap that is making a disturbance or injuring itself. • Other law enforcement agency requests our assistance when animals are involved. • Other emergency such as extreme cruelty, pet dying in a hot vehicle, etc. • Exotic DANGEROUS PET at large (i.c.; cougar, tiger, wolf, bear, etc.). • Multiple calls on same problem — animal control officer on call will evaluate and make a determination on whether to respond ATTACHMENT "A" Shelter Services: Shelter hours: Monday, Tuesday, Thursday and Friday 10:00 AM — 5:30 PM & Saturday .1:00 Pili — 4:30 PM— closed Wednesday, Sunday and holidays Full service animal shelter — • Rousing dog/cat— occasional other animal • Pet license program • After hours animal receiving room • Animal redemptions • Adoption program • Volunteer program • Dog training program • Trapping program • Crematorium on site Educational Services: • Dog bite prevention program - elementary schools and service workers • School career fair participation • Specialty presentations available upon request • Public service announcements — newspaper, radio, television • Community outreach — fair booth, license clinics, special events, etc. • Wehsite Page 2 of 2 Cost for providing the current level of service to the City of Spokane Valley. Department Expenses Department Revenues Cost of Animal Control Page3of4 Spokane County Animal Control Revised February 18, 2003 $1,205,024 $421,611 $783,413 X 48.69% = $381, 444* Spokane County Animal Control currently provides 48.69% of it's services within the city limits of Spokane Valley. The cost to the city of Spokane Valley is based on estimated expenses offset by projected revenues. *This is a 12 -month figure from April 1, 2003 through December 31, 200: amount is 8286,083.00 Service Spokane Valley Our Weight ; Total • .Request for service — ACO 49.34% 40% : 1.9.74% Animal impounds 47.64% 35% 16.67% Investigations 48.25% ].5% 7.2.4% Emergency calls 48.51 % 7% 3.40% •Trapping Program 54.17% 3% 1.63% Total i 48.69% Rage 4 of 4 Spokane County Animal Control - Time Study — Percentages for the City of Spokane Valley Return to: Page 1. of 12 Danicla Erickson Clerk of the Board 1116 West Broadway Spokane, Washington 99260 DRAFT 4/4/2003 1 INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY 2 AND THE CITY OF SPOKANE VALLEY :RELATING TO Tin OWNERSHIP, 3 FUNDING, OPERATION AND M'.A ITENANC1{. OF PARKS, OPEN SPACE, • 4 :RECREATION FACILITIES AND PROGRAMS 5 6 TBJS AGREEMENT, made and entered into by and between Spokane County, a political 7 subdivision of the State of Washington, having offices for the transaction of business 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 East Sprague Avenue, Suite 106, Spokane 11 Valley, Washington 99206, hereinafter referred to as "CITY" jointly hereinafter referred to as the 12 "PARTIES." 13 14 WITNESSEETB 15 16 WHEREAS, AS, pursuant to the provisions of :RCW 36.32.120(6). the Board of County 17 Commissioners has the care of County property and the management of County finds and 18 business; and 19 20 WHEREAS pursuant to the provi.sioas of chapter 39.34 RCW, two or more public 21 entities may jointly cooperate between each other to perform functions which each may 22 individually perform; and 23 24 WIIEREAS, pursuant to the provisions of RCW 35.02.225, a newly incorporated city 25 may contract with a county to provide essential. services; and 26 27 W) H::RH�AS all local governmental authority and jurisdiction with respect to the newly 28 incorporated area transfers from Spokane County to the City of Spokane Valley upon the official 29 date of incorporation; and 30 31 WHEREAS, the City of Spokane Valley desires to own, operate, and maintain parks, 32 open space, recreation facilities and programs within its boundaries which were previously 33 owned, operated and /or maintained by Spokane County; and 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 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 PAR1IES do mutually agree as follows: SECTION NO. 1: CONVEYANCE 1.1 COUNTY shall convey to C1TY by individual quit claim deed in "as -is condition" all of its rights, title and interests, and when possible assign any leasehold interest 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 1.2 hereinafter, as well as all personal property permanently affixed thereto such as play equipment and ball field improvements. Consideration for each transfer will be $1.00 and other consideration more particularly described hereinafter. 1.2 The Properties to be transferred include: Page 2 of 1.2 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 Park Western Dance Center Sullivan Park : DRAFT 4/4/2003 Mirabeau Point Park Park Road Park Park R.oad Pool Terrace View Park Terrace View Pool Castle Park PARTIES recognize that the COUNTY acquired Properties with public funds and also from private gifts/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) IA.C' S approval of the transfer. C1TY agrees to timely adopt a Park Plan and apply for IAC approval of the Park Plan. Pne 3 of 12 DR Fa 4/4/2003 1 Each .Party shall pay its own expenses in conjunction with the transfer of any Property 2 including but not limited to fees and expenses of agents, representatives, counsel and 3 accountants, 4 5 Closing costs shall be apportioned according to custom in Spokane County. 6 7 ALTA Title insurance shall be at the sole cost of CITY, 8 9 PARTIES shall mutually agree to a closing date for any Property. Provided, however, the 10 closing date(s) shall not affect CITY'S obligation to maintain, operate, repair, and improve 11 the Properties as of ApriE 1, 2003. 12 13 C1'['Y agrees and covenants to own, operate and maintain the :Properties in perpetuity as 14 public parks, public recreational facilities, and/or public open spaces respectively- CITY 15 may trade any property or part thereof For another public park, public recreational property, 16 and /or public open space of equal or greater value_ Transfers of. any Property initially 17 acquired by COUNTY with moneys from Washington State interagency Committee for 1.8 Outdoor,R.ecreation will require 1AC approval. 1.9 20 CITY agrees and covenants that it will not in any way limit or restrict access to and use of 21 any Property by non -CITY residents. 22 23 CITY agrees and covenants that any and all user fees, including charges made by any lessees, 24 concessionaires, service providers and/or other assignees, shall be at the same rate for non - 25 CITY residents as for the residents of CITY. 26 27 SECTION NO. 2: RESPONSIBILITY FOR OPERATION, MAIN'TENA,N E, REPAIRS, 2g JNI_TRO > MIIIt NT , A.ND RECREATION SERviCEs 29 30 2,1 As consideration for COUNTY'S agreement to convey the Properties CITY agrees to 31 assume full and complete responsibility for all maintenance, operation, repair, improvement, 32 and provision of recreation services on such properties, to include facilities thereon., as of 33 April 1., 2003_ 34 35 2.2 C1" Y contracts with COUNTY to .maintain and operate the Properties listed in Section No. 1,2 36 on and after April 1, 2003 under the terms and conditions specified hereinafter_ It is the intent 37 of the P,.I.'.LE;.S that such responsibilities be consistent with the CITY'S Council/Manager Fora, 38 of government provided for in chapter 35A.13 RCW_ 39 40 2.3 'Base Level Services, Acting solely as an independent contractor on behalf of C11'I1'Y, 41 COUNTY will provide routine park: maintenance and operation services for the Properties Page 4 of 12 DRAFT 4/4/2003 1 listed in Section 1.2 above at that level and standard provided to each individual Property in calendar year 2002. This level of service is hereinafter referred to as "base level service." 3 4 CITY may request adjustments to individual tasks associated with base level service in order 5 to meet specific needs. COUNTY shall consider all such requests and, whenever reasonably 6 practicable, alter the work program as necessary. 7 8 COUNTY is only required to perform maintenance and operation services on the Properties 9 listed in Section 1.2 as those Properties were improved as of the 12;01 A.M. April L 2003, 10 the GTTY's official date of incorporation, COUNTY and CITY anticipate that her may be .11 further improvements made to these Properties by CITY which will require additional 12 maintenance. CITY agrees to pay COUNTY for any increased maintenance costs to any 13 Property, regardless of the funding source of the improvement, due to any improvement 14 thereto, 16 2.4 Extra or Enhanced Services. Acting solely as an independent contractor on behalf of C1fY, 17 COl.TNTY will provide services above base level services upon written request from CITY 18 and mutual agreement as to any increased costs for such service. Such additional services are 19 hereinafter referred to as "extra or an enhanced services_" 20 21 2.5 Construction of Mirabeau Meadows Park- COUNTY agrees to complete the construction 22 of . Mirabeau ivleadows Park_ For the purpose of this Agreement, the terminology 23 "construction" shall include (1) preparing hid docun,eat(s ) for the Project Ovlirabeau 24 Meadows), (2) awarding the Project pursuant to County public works laws; (3) construction 25 management of the awarded Project; and (4) acceptance of the completed Project. COUNTY 26 has already prepared bid documents denominated as Project No. P3993. COUNTY agrees 27 riot to award Project if the bid of .lowest responsible bidder exceeds $1.4 Million without 28 consultation and approval by CITY, 29 30 The cost of the Mirabeau Meadows Park construction will be funded .solely using a portion of .31 Mate Grant (INTERGOVERNMENTAL AGREE NT) lk)2- 99300.-018 estimated at $1.4 32 million No COUNTY money will be used. 33 34 2.6 Oversee Desiin of Mirabeau Point Center .Place Facility ( "Facility ")_ County agrees 35 only to oversee the design of Mirabeau Point Center Place Facility ( "Facility')_ Al] future 36 phase(s) of the Facility will be the sale responsibility of the CITY. For the purpose of this 37 Agreement, the terminology "oversee the design" shall mean employment of an architect to 38 design the Facility and payment for services solely from State Grant 39 {I ]'TE1 GOV.El_tN14 t .fA. , AGREEMENT) 402- 99304018_ No COUNTY money will be 40 used for the design of Facility. COUNTY has employed Tan Moore Architects under Project 41 Agreement No. P3983 to design the Facility. COUNT Y will coordinate with CITY all major 42 decisions with respect to the design of the Facility. Page 5ofl_2 DRAFT 4/4/2003 1. 2 The cost to design Mirabeau Point Center Place Facility will be funded solely using a portion 3 of State Grant (h\ITER.GOVERNMENTAL AGREEMENT) #02- 99300 -018 estimated at 4 $500,000. If there are funds remaining in the State Grant (INTERGOVERNMENTAL 5 AGREEMENT) #02- 99300 -018 upon completion of the Mirabeau Meadows Park 6 construction and Mirabeau Point Center Place Facility design, COUNTY staff will work with 7 CITY staff to allocate unused grant moneys for completion /construction of other elements of 8 the Mirabeau Point Master Plan. 9 10 Separate from the Grant Funds allocated for design of the Mirabeau Point Center Place 11 Facility, the COUNTY has set aside $1.4 million for the construction of Mirabeau :Point 12 Center Place Facility. COUNTY agrees to make this money available to CITY in the event 13 CITY elects to proceed with constniction of Mirabeau Point Center Place Facility not in a 14 lump sum, but as necessary to pay consultants and contractors for services completed. 15 COUNTY shall retain any and all interest on the S1.4 mi I l ion. 16 17 COUNTY shall not have an obligation to operate or maintain either the Mirabeau Meadows 18 :Nark or Mirabeau Point Center Place Facility a$er their completion until the PARTIES 19 mutually agree as to all increased operation and maintenance costs in accordance with 20 Section 2.3 above. 21 22 2.7 Valley Mission :Pool. COUNTY has set aside $1.6 million for the construction of an aquatic 23 facility intended to replace the Valley Mission Pool. COUNTY originally proposed a 24 replacement pool to be located at Valley Mission Park. (South). The design of the new pool 25 has been completed. However, upon the vote to incorporate CITY, COUNTY opted to defer 26 construction of the new pool. COUNTY agrees to (i) transfer the complete plans for the new 27 Valley Mission :Pool to CITY and (ii) to make available to CITY 81.6 million for 28 construction of a new pool at that Location as determined by CITY and using the design. 29 completed or another designed as approved by CITY. COUNTY agrees to transfer plans for 30 said pool to CITY upon execution of this Agreement. $1.6 million will be retained by 31 COUNTY and paid to CITY as needed by CITY to pay consultations and contractors in 32 conjunction with design/construction of a new pool. COUNTY shall retain, any and all 33 interest on the $1.6 mullion. 34 35 SECTION NO. 3: DURATION 36 37 This Agreement shall commence at 12:01 A.M. on April 1, 2003 and terminate at 12:00 P.M. on 38 December 31, 2004, unless terminated as provided for in Section 10. This Agreement shall be 39 effective upon signature by both PARTIES. 40 41 42 Page 6 of 12 DRAFT 4/4/2003 1 SECTION NO. 4: COST OF SERVICES 2 3 CITY shall pay COUNTY the actual costs for base level services described herein and provided by 4 COUNTY. to the Properties. For 2003 the costs of such base level services shall not include 5 equipment depreciation on equipment owned by COUNTY. The COUNTY, at its sole discretion 6 may include such equipment depreciation of equipment for calendar years 2004. The estimated cost 7 for 2003 base level services is SIX HUNDRED FIFTY -THREE THOUSAND TWO 8 HUNDRED DOLLARS and 10 /100 ($653,240.10). The methodology used to calculate the cost 9 of providing CITY'S base level services is set forth in Attachment "A," attached hereto and 10 incorporated herein by reference. This methodology contemplates that the CITY retains all 11 fees/revenues collected from Properties and facilities. Further, CITY shall be responsible for all 12 costs/assessments associated with ownership of park properties/facilities including but not 13 limited to electricity, sewer, water, gas, garbage, telephone, and taxes. Said costs are separate 14 from the estimated costs to provide base level services 4_12003 as described herein. 15 16 In 2004, the PARTiBS acknowledge that the estimated costs will automatically increase based 17 upon salary adjustments to include cost of living increases ( "COLA ") granted by the BOARD, 18 increased costs provided for in a Collective Bargaining Agreement, and increased costs for 19 various items set forth in Attachment "A." COUNTY will prepare an estimated cost for 2004 20 base level services using the same methodology as set forth in Attachment "k" This estimate 21 will be provided to CITY on or before October 31, 2003. This estimate will be used for the 22 purposes of 2004 billings. 23 24 COUNTY will bill CITY for the estimated cost of services, monthly, during the first week of the 25 month. For calendar 2003, the estimated cost of $653.240.10 will be divided into nine equal 26 payments of $72,582.23. Payments by CITY will be due by 5 working day of the following 27 month. At the sole option of COUNTY, a penalty may be assessed on any late payment by 28 CITY based on lost interest earnings had the payment been timely paid and invested in the 29 Spokane County Treasurer's Investment Pool. 30 31 At the end of calendar year 2003 and 2004, using actual costs COUNTY and CITY will each 32 determine respectively whether or not the estimated costs were accurate. To the extent that the 33 CITY was over billed in any year, it will receive a credit to be applied as mutually agreed. If the 34 CITY was under billed, it will receive a debit in the subsequent billing. The adjustment will 35 normally take place in March of the year following the year services were performed but no later 36 than June 30 ( "date of determination "). At the sole discretion of the CITY, in the case of over 37 billing, or the sole discretion of the COUNTY, in the case of an under billing, the party may 38 request interest on such amount based on lost interest earnings had the under billing amount been 39 invested since the end of the calendar year to the date of determination in the Spokane County 40 Treasurer's Investment Pool or the over billing amount been invested since the end of. the 41 calendar year to the date of determination in the Washington Cities Investment Pool. M &O Page 7 of 12 O R.A_FT 4/4/2003 1 items chargeable to the CITY shall be directly attributable and proportionate to services received 2 by City under the terms of this Agreement. a 4 SECTION NO. 5: NOTICE 5 6 All notices or other communications given hereunder shall be deemed given on: (1) the day such 7 notices or other communications are received when sent by personal deliver}; or (ii) the third day 8 following the day on which the same have been mailed by first class delivery, postage prepaid 9 addressed to COUNTY at the address set forth below for such Party, or at such other address as 10 COUNTY shall from time -to -time designate by notice in writing to the other PARTIES: 11 12 COUNTY: Spokane County Chief Executive Officer or his/her authorized representative 13 1116 West Broadway Avenue 14 Spokane, Washington 99260 15 16 CiTY: City of Spokane Valley City Manager or his/her authorized representative 17 R.edwood Plaza 18 11707 East Sprague Avenue, Suite 106 19 Spokane Valley, Washington 99206 20 21 SECTION NO. 6: COUNTERPARTS 22 23 This Agreement may be executed in any number of counterparts, each of which, when so 24 executed and delivered, shall be an. original, but such counterparts shall together constitute but 25 one and the same. 26 27 SECTION NO. 7: ASSIGNMENT 28 29 COUNTY may assign any of its responsibilities under the terms of this Agreement so long as the 30 COUNTY remains responsible for oversight and supervision of all responsibilities. 31 32 SECTION NO. 8: LIABILITY 33 (a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees, 34 or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and 35 damages of any nature whatsoever, by any reason of or arising out of any negligent act or 36 omission of COUNTY, its officers, agents and employees, or any of them relating to or arising 37 out of performing services pursuant to this Agreement. In the event that any suit based upon such 38 claim, action, loss, or damages is brought against CITY, COUNTY shall defend the same at its 39 sole cost and expense; provided that CiTY reserves the right to participate in said suit if any 40 principle of governmental or public law is involved; and if .final judgment in said suit be 41 rendered against CITY, and its officers, agents, and employees, or any of them, or jointly against Page 8 oF12 DRAFT 4/4/2003 1 CITY and COUNTY and their respective officers, agents, and employees, COUNTY shall 2 satisfy the same. 3 4 (b) CITY shall indemnify and hold harmless COUNTY and its officers, agents, and employees, 5 or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and 6 damages of any nature whatsoever, by any reason of or arising out of any negligent act or 7 omission of CITY, its officers, agents and employees, or any of them relating to or arising out of 8 performing services pursuant to this Agreement, In the event that any suit based upon such 9 claim, action, loss, or damages is brought against COUNTY, CITY shall defend the same at its 10 sole cost and expense; provided that COMM.' reserves the right to participate in said suit if any 11 principle of governmental or public law is involved; and if .final judgment in said suit be 12 rendered against COUNTY, and its officers, agents, and employees, or any of them, or jointly 13 against COUNTY and CITY and their respective officers, agents, and employees, CITY shall 14 satisfy the same_ 15 1.6 (c) The foregoing indenn.ruty is specifically intended to constitute a waiver of each party's 17 immunity under Washington's Industrial Insurance Act, Chapter 51 RCW, respecting the other 18 Party only, and only to the extent necessary to provide the indemnified party with a full and 19 complete. indemnity of claims made by the inderrrtnitor's employees_ The PARTIES 20 acknowledge that these provisions were specifically n.egotiated and agreed upon. by them, 2I 22 (d) COUNTY and CITY agree to either self insure or purchase polices of insurance covering the 23 .matters contained in this Agreement with coverages of not less than $5,000,000 per occurrence 24 with $5,000,000 aggregate limits including for staff professional liability and auto liability 2.5 coverages, 26 27 SECTION NO, 9 RELATIONSHIP Of THE PARTIES 28 29 The PARTIES intend that an independent contrac.-tor relationship will be created by this Agreement. 30 No agent, employee, servant or representative of COUNTY shall be deemed to be an employee, 31 agent, servant or representative of CITY for any Likewise, no agent, employee, servant or 32. representative of CITY shall be deemed to be an employee, agent, servant or representative of 33 COUNTY for any purpose. 34 35 SECTION NO. 10: MODIFICNTION AND TERMINATION 36 37 This Agreement may be modified in writing by mutual agreement ofthe PART. i S. 38 39 Any Party may terminate only the maintenance and obligation of COUNTY set forth in 2.2, 2,3 and 40 2.4 herein for any reason whatsoever upon a minimum of 90 days written notice to the other Party. 41 DRA:FJ: 4/4/2003 1 Any Party may terminate this Agreement for breach of any provision concerning the providing of 2 maintenance and operation services or payment of consideration upon thirty days (30) advance 3 written notice to the breaching Party. Lf the defaulting Party cures the breach to the satisfaction of 4 the notifying Party within the thirty -day (30) time flame or such time frame as is reasonably 5 necessary to cure the default, then the notice of termination shall be void. 6 7 Upon termination, C1TY shall be obligated to pay for only those basic level services and extra or 8 enhanced services rendered prior to the date of termination based upon a pro rata allocation of costs 9 to the date of termination. 10 11 SECTION NO. 1.1.: PROPERTY AND EQUTP.MENT 12 13 The ownership of all equipment owned and utilized by COUNTY in providing maintenance and 14 operation services under this Agreement or acquired by COUNTY from the consideration by CITY 15 for such maintenance and operation services shall remain with COUNTY upon termination of this 16 Agreement. Provided however, the PARTIES acknowledge that CiTY may purchase equipment 17 and provide such equipment to COUNTY to perform such maintenance and operation expenses. 18 The ownership of any equipment acquired by CITY and made available to COUNTY to provide 19 maintenance and operation services under the terms of this Agreement shall remain with C1TY 20 upon termination of this Agreement_ 21 22 Attached hereto as Attachment "B" and incorporated herein by reference is a listing of certain 23 equipment and machinery that COUNTY presently owns and may use in conjunction with 24 providing maintenance and operation services to CITY under the terms of this Agreement. If the 25 Agreement runs its entire term without termination, COUNTY agrees to transfer to CITY at the end 26 of said term at no cost and in an "as-is condition" those pieces of equipment and machinery listed in 27 Attachment "l3' which are still owned by COUNTY_ If, for any reason, this Agreement is 28 terminated by either. Party prior to December 31, 2004 COUNTY agrees to sell to CITY in as "as -is 29 condition" those remaining pieces of equipment and machinery listed in Attachment "B" which are 30 still owed by COUNTY for FIFTY T:HOUSANiD DOLLARS ($50,000.00). 31. 32 SECTION NO. 1.2: GENERAL TERMS 33 34 This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree 35 that there are no other understandings, oral or otherwise, regarding the subject matter of this 36 Agreement. No changes or additions to this Agreement shall be valid or binding upon the 37 PARTi:ES unless such change or addition is in writing, executed by the PARTIES. 38 39 This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. 40 41 42 Page 9of12 Page 10 of l2 DRAFT 4/4/2003 1 SECT.iON NO. 13: VENUE STIPULATION 2 3 This Agreement has been and shall be construed as having been made and delivered within the 4 State of Washington and it is mutually understood and agreed by each Party that this Agreement 5 shall be governed by the laws of the State of Washington both as to interpretation and 6 performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this 7 Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction 8 within Spokane County, Washington. 9 10 SECTION NO. 14: SEVERABIL1TY 11 12 it is understood and agreed among the PARTIES that if any parts, terms or provisions of this 13 Agreement are held by the courts to be illegal, the validity of the remaining portions or 14 provisions shall not be affected and the rights and obligations of the PARTIES shall not be 15 affected in regard to the remainder of the Agreement. If it should appear that any part, term or 16 provision of this Agreement is in conflict with any statutory provision of the State of 17 Washington, then the part, term or provision thereof that may be in conflict shall be deemed 18 inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall 19 be deemed to modify to conform to such statutory provision. 20 21 SECTION NO. 15: HEADINGS 22 23 The section headings appearing in this Agreement have been inserted solely for the purpose of 24 convenience and ready reference. In no way do they purport to, and shall not be deemed to 25 define, limit or extend the scope or intent of the sections to which they pertain. 26 27 SECTION NO. 16: REPR 'SENTA'1'i;VES 28 29 COUNTY hereby appoints the Spokane County Parks and Recreation Director or his/her 30 designee for the purpose of administering the terms of this Agreement. CiTY hereby appoints 31 the City Parks and Recreation Director or his /her designee for the purpose of administering the 32 terms of this Agreement. Each PARTY'S representative agrees to meet on a monthly basis or as 33 necessary to address COUNTY'S provision of basic level services or extra/enhanced level 34 services under the terms of this Agreement. In the event there is a disagreement between the 35 PARTIES, it shall be forwarded to the COUNTY CEO and CITY Manager for resolution. 36 37 Spokane County Parks and Recreation .Director or his/her designee agrees to attend staff 38 meetings as requested by the CITY Manager. 39 40 41 9 Page 3.1. of 12 DRAFT 4/4/2003 1 SECTION NO. 17: REPORTING 2 3 COUNTY, trough the Spokane County Parks and Recreation Director or his/her designee shall 4 provide a mutually aweptable quarterly report to Cf1Y that will contain information relating to 5 services performed under the terms of this Agreement during the preceding quarter. 6 7 SECTION NO. 18: STAFFING ~FINE 8 9 COLITY shall have the sole right and responsibility to hire, assign, retain and discipline all 10 employees perfor,ning services under this Agreement according to collective bargaining agreements 11 and applicable state and federal laws- COUNTY agrees to net and confer with CITY with respect 12 to staff are assigned to provide such services. 13 14 S.ECT.T.ON NO. 19: ECORDS 15 E6 All public records prepared, owned., used or retained by COUNTY in conjunction with providing 1.7 services under the terms of this Agreement shall be deemed CITY property and shall be made 1.8 available to CITY upon request by CITY Manager. COUNTY will notify CITY of any public 1.9 disclosure request Linder chapter 42.17 RCW for copies or viewing of such records as well as the ?0 O'Y's response thereto. 21 22 SECTION .NO, 20: ASSURANCE 23 24 CITY represents and assures CITY that no other city or town will receive more favored 25 treatment in receipt of park maintenance and operation services than that made available to the 26 CITY for sirailar .services, 27 8 JN W.T.I'.I I SS WHEREOF, the PrldUIES have caused this Agreement to be executed on. 29 date and year opposite their respective signatures. 30 31 .DATED: BOARD OF OU TY OM \41SS.fONERS 32 OF SPOKANE, COUNTY, WASHLNGTON 33 34 35 JORN ROSKELLEY, Chair 36 AI TEST: 37 - VICKY M. DALTO N 38 CL1R1( OF THE 'BOARD PHI LLIP D. HARRIS, Vice -Chair 39 4 41 BY: M. KATE MCCASLEN 42 ,Daniel#► Erickson, Deputy 1 2 DATED: CITY OF SPOKANE VALLEY: 3 4 Attest: By: 5 6 ; 7 City Clerk (Title) 8 9 Approved as to form only: 10 11. Acting City Attorney 12 13 14 15 16 17 I8 I9 20 21 22 23 24 25 26 27 28 29 30 31 3 33 34 35 36 37 38 3 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 H;1 Vailey City\Dr ff: Contra.;L9 Parks\Fadcs servi Valley U3201B- 1I_41ac: Page 12 of 12 DRAFT 4/4/2003 AQUATICS- Maintenance and Administration Parks Director Services Manager Office Manager Recreation Program Coordinator Office Assistant 4 Accounting Tech 4 Trades Specialist Mechanic 11 Maintenance Extra Help Aquatics Extra Hell? Aquatics Coordinator Pool Managers & Lifeguards Sub Total Cost allocation for maintenance and operation of Valley Pool Facilities: Cost of operating Supplies, Chemicals, Utilities, etc. for Valley fools •For estimated utility expenses sec attached expense Summary Cost of Equipment M&O Total Cost to the City for Operations of the Pool Properties: Cost allomlion for maintenance and operation of Valley Senior Center Cost of Supplies & Materiels for Maintaining Valley Senior Center 'For estimated utility expenses sec attached expense summary Cost of Equipment M &O Spokane County Parks and Recreation (Spokane Valley) 12 -Month Budget Year 2003 PARKS- Full Time Employee Administrative Personnel: Wages/BeneEts Percentage of" Nene Parks Director 32,590.78 40% Services Manager 45,665.64 60% Office Manager 5,964.14 10% Office Assistant 3 15,339.38 50% Accounting Tech 4 18,897.23 40% Facilities Director 1,890.00 N/A Facilities Staff Assistant 720.00 N/A Sub Total [21,067.17 Maintenance Personnel: Trades Specialist 50,744.50 100% Trades Specialist 25,372.25 50% Maintenance Worker 11 42,668.00 100% Mechanic 11 21,481.75 4216 Extra Help 28 000.00 Sub Total 168,266.50 Cost allocation for maintenance and operation of Volley Park Properties: 57,924.60 Cost of Supplies & Materials for Maintaining Valley Parks 109,242.34 For estimated utility expenses see attached expense summary Cost of F ..quipmcnl M &t.) 26,253.20 tin - anticipated Repirs and Maintenance due to :Mother Nature and Vandalism 35,000.00 Total C'ost to the City for Operations of the Park Properties: 517,753.81 4,176.90 76983.00 81,159.90 27,977.00 14,700.00 3,731.42 186,1 53.65 SENIOR CENTER- Parks Director 4,073.86 5% Services Manager 7,610.94 10% Office Manager 2,982.03 5% Senior Center Coordinator 24,886.18 50% Accountant Tech 4 2,362.15 5% Maintenance-Worker 11 6,400.20 15% Mechanic 11 1,534.40 3% Extra Help (Janitor & 13us Drivers) 0,237.07 Sub Total 63,086.83 12,629.98 5,99'2.00 449.84 Total Cost to the City for Operations of the Senior Center: 82,158.65 ( ;rand Total Operations of Parks, Aquatics & Senior Center: . 786,066.11 (Year 2003) N ATTAC�,T-i_ E NT. "A" 4,073.86 5% 7,610.94 10% 2,982.03 5% 6,014.40 10% 2,099.25 5% 4,724.30 10% 22,812.00 45% 2,557.35 5% 5,711.20 58,585.33 PARKS- Page 2 of 2 Spokane County Parks and Recreation Contract with City of Spokane Valley as of April 1, 2003 'Afar of April 1, 2003 there would be a reduction in all Personnel Costs by 25% except extra help personnel. There are no costs for axira help personnel for Januau }y, February and Mauch. There would also be a 25% reduction in the Cast of Supplies & Materials and Equipment M &O. There would be no reducti in the un- anticipated repairs and maintenance amount Administrative Personnel: Wages/Benefits Parks Director 24,443.10 25 %reduction SericesMlanager 34,249.23 25% reduction Office Manager 4,473.18 25 %reduction Office Assistant 3 11,504.61 25% reducti on Accounting Tech 4 14,172.93 25% reduction Facilities Director 1,417.50 25% reduction Facilities Staff Assistant 540.00 25% reduction Sub Total 90,800.55 Maintenance Personnel: Trades Specialist Trades Specialist Maintenance Worker II Mechanic 11 Extra Help Sub Total Cost allocation for maintenance and operation of Valley Park Properties: 44,844.92 25 %rcductieu/not extra help Cost of Supplies &. Materials for Maintaining Valley Parks 81,931.77 25% reduction •For estimated utility expenses scc attached expense summary Cost of Equipment M &O 19,689.93 25% reduction Un- anticipated Repairs and Maintenance due to Mother Nature and Vandalism Total Cost to the City for Operations of the Park Properties: 405,467.18 AQUATICS- 'The aquatics season does not ::tart until after April, therefore not reduction in costs are calculated Maintenance and Administration Parks Director Services Manager Office Manager Recreation Program Coordinator Office Assistant 4 Accounting Tech 4 Trades Specialist Mechanic 11 Maintenance Extra Help Aquatics Extra Help Aquatics Coordinator Pool Managers & Lifeguards Sub Total Cost allocation for maintenance and operation of Valley Pool Facilities: Cost of operating Supplies, Chemicals, Utilities, etc. for Valley Pools •For estimated utility expenses see attached expense summary Cost of Equipment M&O Toad Cost to the City for Operations of the Pool Properties: 186.151.65 SENIOR C.E\'TER- As of April 1, 2003 there would be a reduction in all costs by 25% Director 3,055.41 25% reduction Services Manager 5,708.25 25% reduction Office Manager 2,236.53 25% reduction Senior Center Coordinator 18,664.65 25% reduction Accountant Tech 4 1,771.65 25% reduction Maintenance Worker II 4,800.15 25% reduction Mechanic II 1,150.83 25%reduction Extra Help (Janitor & Bus Drivers) 9,927.81 25 %reduction Sub Total 47,315.28 Cost allocation for maintenance and operation of Valley Senior Center 9,472.52 25% reduction Cost of Supplies & Materials for Maintaining Valley Senior Center 4,494.06 25% reduction 'For estimated utility expenses see attached expense sumtttary Cost of Equipment M&O 337.41 25% reduction Toad Cost to the City for Operations of the Senior Center: 61,619.27 4,073.86 7,610.94 2,982.03 6,014.40 2,099.25 4,724.30 22,812.0 2,557.35 5,711.20 58,585.33 4,176.90 76,983.00 81,159.90 27,977.00 14,700.00 3,731.42 Crated Total Operations of Parks, Aquatics & Senior Center: 653,240.10 (Year 2003) 38,058.39 25% reduction 19,029.24 25% reduction 32,001.03 25% reduction 16,111.35 25 %reduction 28,000.00 no reduction 133,200.01 35,000.00 no reduction no reduction no reduction no reduction no reduction no reduction no reduction no reduction no reduction no reduction no reduction no reduction no reduction no reduction no reduction Spokane County Parks Equipment and Machinery Package (City of Spokane Valley) Estimated Estimated Equip Current Value Replacement # Cost 510,000.00 57,500.00 56,000.00 $6,000.00 $6,000.00 $6,000.00 . $4,000.00 $4,000.00 58.500.00 558,000.00 $50,000.00 $45,000.00 515,000.00 515,000.00 $15,000.00 515,000.00 515,000.00 515,000.00 $40.000,00 5225,000.00 Estimated Estimated Equip Current Value Replacement # Cost $5,000.00 $10,000.00 $1,200.00 52,500.00 51,000.00 56,000.00 $1,000.00 $6,000.00 $8,000.00 512,000.00 $8,000.00 517,000.00 58,000.00 517,000.00 58,000.00 517,000.00 54,000.00 $8,000.00 52,000.00 $6,000.00 $40,000.00 5100,000.00 55,000.00 520,000.00 $5,000.00 520,000.00 $2,000.00 52,500.00 5400.00 $550.00 $200.00 5600.00 598,800.00 5245,150.00 $156,800.00 $470,150.00 Total Total Vehicles 461 2 Ton 1974 Ford F -150 465 1 Ton 1986 Chevy C -30 428 1/4 Ton 1988 Chevy S -10 429 1/4 Ton 1988 Chevy S -10 430 1/4 Ton 1988 Chevy S -10 433 1/4 Ton 1988 Chevy S -10 508 1/4 Ton 1983 Ford Ranger 511 1/4 Ton 1983 Ford Ranger 431 1 Ton 1988 Chevy C -30 Machinery 1 Kawasaki Mule 1992 4X2 Portable Herb Sprayer 484 Haulette/Trailer 1972 485 Haulette/Trailer 1972 501 5th Wheel Trailer 1994 1 Olathe Turf Sweepers 1984 2 Olathe Turf Sweepers 1984 3 Olathe Turf Sweepers 1984 Orsi Flail Mower CR 350 Jacobsen Over Seeder 423 Toro Gang Mower 1991 10 72" Riding Mower 1992 11 72" Riding Mower 1994 Generator Weed Trimmers (4) Backpack Blower (2) ATTACHMENT "B" Miles 84,581 60,381 45,044 46,869 40,364 51,395 58,751 49,067 71,294 1652 Hours Small Small Small Medium 4547 Hours 4814 Hours 482 Hours 2711 Hours 1043 Hours 900 Hours