Loading...
2003, 03-20 Regular Meeting1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS 6. APPROVAL OF AGENDA 7. PUBLIC COM MEN "tS (For mcmbus of the public to speak to the Council regarding matters NOt on Pane agenda Prase state ruin name. address and subject for the record and lima remarks to three minutes Thank you ) 8. COUNCIL REPORTS 9. CONSENT AC ENDA (Carralsts of nuns crnstdercd routine which are waved as a gaup A Councilmemba may remove an (tern from the Agenda to be considered separately.) 10. ACTION ITEMS A) 0 d !ices — First Reading 1 Agenda Bill No. 2003-058, Property Tax (Ordinance No. 55) altar r (PUBLIC COMMENT ON ORDINANCE NO. 55) ' Agenda Bill No. 2003 -078, Animal Control Regulations f (Ordinance No. 56) (runic coM H»-r oN ORD1NANCE NO. 50 Hearing 3) Agenda Bill No. 2003 -079, Haring Examiner Jurisdiction (Ordinance No. 57) (PUBLIC COMMENT ON ORDINANCE. NO. 57) u.�' - 1 Cotafell Agenda: Muds 20.2003 CITY OF SPOKANE VALLEY CITY COUNCIL AGENDA — REGULAR MEETING CITY HALL AT REDWOOD PLAZA 11707 East Sprague Avenue, First Floor Spokane Valley, Washington Thursday, March 20, 2003 6:00 p.m. B) Ordi nces — Second Reading 1 Agenda Bill No. 2003 -041, Employee Personnel Policies and /Benefits (Ordinance No. 44) (mimic coslMEY7 ORDNANCE NO. 44) 1 C antracts ) Agenda Bill No. 2003 -080, Pre-Trial Services Intcrlocal (Agreement . CO3 -21) (PUBLIC. COMMENT ON ACRES WNT O. CO3 -21) ( +vim"' Agenda Bill No. 2003 -067, Probation Services Intcrlocal (Agreement r j . CO3 -17) (PUBLIC COMMENT On AGREEMENT NO. CO3 -17) Agenda Bill No. 2003 -066, Jail Services Interlocal (Agreement No. C O 3 -16) (PUBLIC COMMENT ON AGIL EMYNT NO. CO3-1‘) v Ac Agenda Bill No. 2003 -081, Building and Construction Permit Transition (Agreement No. CO3 -20) (PUBLIC coMMrn r ON AGREEMENT NO. c03- . ' 15 ) Agenda Bill No. 2003 -083, Roads Maintenance, WSDOT (Agreement No. CO3 -24) (PUBLIC CYIM WNT ON AGREEMENT NO. CO3-24) 6) Agenda Bill No. 2003-084, Sign and Signal Maintenance, WSDOT (Agreement No. CO3 -25) (ruBUC COMMENT ON AGREEMENT NO. 013-25j Agenda Bill No. 2003 -082, Engineering Services Memorandum of nderstanding (Agreement No. CO3 -23) (PUBLIC COMMENT ON AGREEAIEYT No. . i fr ly8) Agenda Bill No. 2003 -085, Hearing Examiner Services Intcrlocal �� �� (Agreement No. CO3 -22) (mimic COMMENT os . AGREEMENT NO. (113 -2Z 11. CITY MANAGER AND STAFF REPORTS 12. PUBLIC COMMENTS p tauimum of ttutc mimes pkame. Hot your eune, address tad wski fur the 13. PENDING LEGISLATION 14. NEW BUSINESS 15. ADJOURNMENT . 1 . 0 STUDY SESSION FUTURE SCHEDULE A) Mar. 25, 2003, Council Regular Meeting, 6:00 p.m., City Hall B) Mar. 27, 28, 29, 2003 City Manager Final Interview C) Mar. 27, 2003, Council Special Meeting, 6:00 p.m., City Hall D) Mar. 3 2003, SPOKANE VALLEY INCORPORATION E) Apr. 1, 2003, Council Study Session, 6:00 p.m., City Hall F) Apr. 8, 2003, Council Regular Meeting, 6:00 p.m., City Hall G) Apr. 15, 2003, Fik Public Disclosure Reports ID Apr. 15, 2003, Council Regular Meeting, 6:00 p.m, City Hall COMM Agenet Mara 20. 2003 2 NAME PRESENT /ABSENT COMMENTS Mayor Michael DeVleminb Position No. 3 Deputy Mayor Diana Wilhite- Position No. 1 r � Councilmember Dick Denenny- Position No. 7 Councilmember Mike Flanigan- Position No. 6 ( Councilmember Rich Munson- Position No. 5 / Councilmember Gary Schimmels- Position No. 4 Councilmember Steve Taylor - Position No. 2 i i() CITY OF SPOKANE VALLEY. COUNCIL MEETING DATE 79/LL4L7e c)`3 COUNCIL ROLL CALL Ruth Muller From: Stan M Schwartz (sms @notes.wkdtlaw.comj Sent: Thursday, March 20, 2003 12:04 PM To: rmuller @spokanevalley.org Subject: WSDOT Agreements and County Interlocals 3/20/2003 Page 1 of 1 The WSDOT Agreements are boilerplate and are necessary for proper street signal and general maintenance. In the Signal Agreement my only comment is to ensure the City is prepared to perform items III A and B. For item III A will this be performed by the County under an Interlocal? Maybe Dick Warren knows. For the Road Maintenance Agreement we should get clarification on item IV, second paragraph related to indirect costs On the remaining County Agreements, we simply need to ensure the same language in the Pros, PD, Jury and Court is present. On the Jail Interlocal the City should do everything to divert people to other methods of confinement (ie. Geiger). Ruth Muller From: Stan M Schwartz (sms @notes.wkdtlaw.com] Sent: Thursday, March 20, 2003 12:05 PM To: rmuller @spokanevalley.org Subject: tonight's Meeting I will not be attend tonight's meeting as I am driving to the tri- cities for a hearing early Friday Morning. 3/20/2003 Ruth Muller From: Stan M Schwartz [sms @notes.wkdtlaw.com] Sent: Tuesday, March 18, 2003 11:12 AM To: rmuller ©spokanevalley.org Subject: Spokane County MOU re Engineering Services for Transportation The following are my comments on the above referenced MOU I received today. P4L- £L)L In paragraph la, I assume this relates to engineering services provided by the County for operation of the transportation(street) system. A reference to duties would be helpful - perhaps there is a County Code or Resolution that could be identified. I assume the County Engineer will also act as City Traffic Engineer in which case WAC 308 - 330 -260, -265 and -270 should be consulted and incorporated. In paragraphs lc through 1f, I believe the City must maintain decision - making authority under both the City Manager(or designee) and City Council. These provisions give the County too much control. In paragraphs 1g through 1i, the County review is fine. It appears the City has final approval authority over agreements and plans per paragraph 2e. Some language relating to costs and identification of personnel should be included. I hope the above is helpful. 3/18/2003 Page 1 of 1 EMERGENCY MANAGEMENT (Airway Hts.) 3/20/03 • State requirement for a S.V. plan (internally) & agreements with other jurisdictions • chain of command • mutual aid agreement • Incident Command System • annual reviews In light of todays events and the world we live in, I would like a consensis to create a committee made of (but not limited to) myself, city manager, 2nd. Council member, city legal staff with task of starting the process of writing our EMERGENCY MANAGEMENT PLAN. Clearly this committee should include input from our police chief, fire chief and sourounding jurisdictions. PROCLAMATION CITY OF SPOKANE VALLEY, WASHINGTON WHEREAS, on September 11, 2001, thousands of Americans and citizens of eighty countries were killed in a terrorist attack on the United States; and WHEREAS, America has responded to the terrorist attack by leading an international effort to end terrorism; and 'WHEREAS, victory in the battle against terrorism will be achieved due to the courage, sacrifice, and commitment of Americans, principally the men and women in the United States Armed Forces; and • WHEREAS, all Spokane Valley citizens, regardless of.their support for the foreign policy of any administration, believe in providing a compassionate and supportive community for residents of the county in all branches of the Armed Forces, the Reserves and those called to perform homeland security duties, as well as the families and friends of those serving; and WHEREAS, several Spokane Valley employees serve in the Armed Forces Reserve and to date, many have been deployed to their respective units; and, WHEREAS, citizens of Spokane Valley exercise a patriotic duty by acknowledging the fathers, mothers, sons and daughters of the county, and from every corner of the United States and allied nations, who heroically carry out the war on terrorism. NOW THEREFORE, I MAYOR MICHAEL DEVLEMING, ON BEHALF OF THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, WASHINGTON PROCLAIM MARCH 23 -29, 2003AS "SUPPORT OUR TROOPS WEEK" in Spokane Valley, Washington, and Citizens and City employees are encouraged to show the community's unwavering commitment to honor members of the Armed Forces for their courageous and patriotic duty in defending our country, its freedoms, and way of life. PROCLAIMED THIS 20 '' DAY OF MARCH 2003 MICHAEL DEVLEMING, MAYOR March 6, 2003 The Spokesman- Review Attention: Classified Advertising P. O. Box 2160 Spokane, WA 99210 -2160 Re: Legal Publication Please publish the following legal notice of special meeting in the Tuesday, March 18, 2003 (regular) of The Spokesman - Review. Thank you. Ruth 1 uller Interim City Clerk Sent by FAX: 509- 622 -1189 City of Sp kane Valley LEGAL NOTICE NOTICE IS HEREBY GIVEN THAT THE SPOKANE VALLEY CITY COUNCIL HAS SCHEDULED A SPECIAL MEETING AT CITY HALL ON THURSDAY, MARCH 20, 2003, BEGINNING AT 6:00 P.M. UNTIL APPROXIMATELY 9:00 P.M. THIS SPECIAL MEETING IS FOR THE PURPOSE OF RECEIVING BRIEFINGS BY STAFF ON VARIOUS ORDINANCES, RESOLUTIONS AND INTERLOCAL AGREEMENTS. THE CITY COUNCIL MAY TAKE ACTION ON SOME OR ALL OF THESE ITEMS FOLLOWING THE WORKSHOP SESSION IiN ORDER TO HAVE REGULATIONS AND CONTRACTS IN PLACE TO SERVICE THE COMMUNITY AS OF THE DATE OF INCORPORATION. RUTH MULLER INTERIM CITY CLERK 11707 E. Sprague • Suite 106 • Spokane Valley, Wa. • 99206 • (509) 921 -1000 • Fax (509) 921 -1008 CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -058 DATE ACTION IS TITLE: 2004 property tax TYPE OF ACTION: REQUESTED: March 20, 2003 APPROVED FOR CO L PACKET: City Manager Dept. Read Attorney Approve As To Form ATTACHMENTS: Ordinance No. 55 X Ordinance Resolution Motion Other SUBMITTED BY: Interim Finance Director STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Advance Ordinance No. 55 to Second Reading. DISCUSSION: Spokane Valley is authorized under state law to levy $3.60 per thousand of assessed valuation and deducting therefrom levies collected by a Fire District (currently at the rate of $1.50 per one thousand of assessed valuation) and those collected by a Library District (currently at the rate of $0.50 per one thousand dollars of assessed valuation). This ordinance provides for a levy rate for the City of Spokane Valley for taxes collected in the year 2004 of S2.10 per one thousand dollars of assessed valuation. This levy rate includes the $0.50 per one thousand dollars of assessed valuation that will be collected and paid to the Spokane County Public Library District pursuant to contract for library services within the City. ALTERNATIVES: Impose a levy rate of less than the $2.10 per one thousand dollars of assessed valuation, thereby reducing the amount of revenue available for providing services to the residents of the City. FISCAL IMPACT: None, adoption of this ordinance will provide a revenue source for the City. SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 55 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, 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. WI- IEREAS, State law authorizes the City of Spokane Valley to levy regular property taxes upon the taxable property within the corporate limits in order to provide revenue for the 2004 current expense budget of the City; WHEREAS, following the incorporation of the City of Spokane Valley, the property located within the City is no longer subject to the County Road tax and the City is authorized to levy a property tax in a lesser amount; WFIEREAS, the City of Spokane Valley is authorized to levy $3.60 per thousand of assessed valuation deducting therefrom levies collected by a Fire District and Library District in the total amount of $2.00 per one thousand dollars of assessed valuation; WHEREAS, RCW 84.52.020 requires the City Council on or before the 15 day of. November to certify budget estimates to the clerk of the Spokane County Board of Commissioners including amounts to be raised by taxing property within the limits of the City; and WHEREAS, the City Council pursuant to notice will hold a public hearing on the proposed budget estimates for 2004 including revenue sources which will fund the provision of services. NOW, THEREFORE, the City Council of the City of. Spokane Valley, Washington, do ordain as follows: Section 1. 2004 Levv Rate. There shall be and is hereby levied and imposed upon real property, personal property and utility property, as defined in RC\V Chapter 84.02 and 84.55.005 in the City of Spokane Valley, Washington a regular property tax for the year commencing January 1, 2004 at a rate of $2.10 per one thousand dollars of assessed valuation. It is recognized that fire districts currently levy upon property within the City at the rate of $1.50 per one thousand of assessed valuation and the City intends to provide $.50 per one thousand dollars of assessed valuation pursuant to contract for library services with the Spokane County Public Library District. The regular property tax levied through this ordinance is for the purpose of receiving revenue to make payment upon the general indebtedness of the City of Spokane Valley, the P:\Ordinanccs \Ord i nancc No.55- Prop.cax.doc Page 1 general fund obligations and for the payment of services for the City during the 2004 calendar year. The City further recognizes that this ordinance shall be amended when the City Finance Director obtains from the Spokane County Assessor the property valuation projections within the City such that the Finance Director may determine, with reasonable accuracy, the amount of property tax to be collected within the City of Spokane Valley. The purpose of this ordinance is to establish the levy rate as permitted by law. Section 2. Notice of Spokane County. Pursuant to RCW 84.52.020, the City Clerk shall certify to the County Legislative Authority a true and correct copy of this ordinance, as well as, the budget estimates adopted by the City Council in order to provide for and direct the taxes levied herein that shall be collected and paid to the City of Spokane Valley at the time and in the manner provided by the laws of the State of Washington. Section 3. 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 4. Effective Date. This Ordinance shall be in full force and effect on the official date of incorporation provided publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. ATTEST: PASSED by the City Council this day of March, 2003. Interim City Clerk, Ruth Muller Approved As To Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: P: \OrdinanceslOrdinanct No. Prop.tax.doc Mayor, Michael DeVleming Page 2 CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -078 DATE ACTION IS REQUESTED: March 20, 2003 APPROVED FOR COUNCIL ACKET: Manager Dept. Head Attorney Approve As To Form TITLE: Animal control regulations ATTACHMENTS: 1) Ordinance No. 56 2) Title pages for Chapters 5.04 and 5.12 of the Spokane County Code TYPE OF ACTION: X Ordinance Resolution Motion Other SUBMITTED BY: Interim City Manager STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Suspend the rules for two readings, advance to second reading, and adopt Ordinance No. 56. DISCUSSION: Discussion for enacting regulations for animal control was held at the March 13, 2003 Council study session. In order to provide regulation and licensing of animals within Spokane Valley to protect human health and safety, and to prevent injury to property and cruelty to animals, consensus of the Council is that it is in the best interests of the City to adopt Spokane County regulations. This ordinance provides for adoption by reference of Chapters 5.04 and 5.12 of the Spokane County Code as now in effect and as subsequently amended as the animal control regulations for the City of Spokane Valley. At some point Council may wish to rescind Section 5.04.031 of the Spokane County Code providing "Cat License- Required" as a part of the City animal control regulations. ALTERNATIVES: 1) direct staff to develop animal control regulations for control of animals within Spokane Valley; or 2) do not provide any regulation for animals within the boundaries of the City. FISCAL IMPACT: None SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 56 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING BY REFERENCE CHAPTERS 5.04 AND 5.12 OF THE SPOKANE COUNTY CODE AS THE ANIMAL CONTROL REGULATIONS FOR THE CF1'Y 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, the City of Council has determined that it is in the best interests of the City of Spokane Valley to adopt animal control regulations and licensing requirements set forth in Chapters 5.04 and 5.12 of the Spokane County Code as the Animal Control Regulations for the City of Spokane Valley; NOW, THEREFORE, the City Council of the City of. Spokane Valley, Spokane County, Washington, do ordain as follows: Section I. Animal Control Regulations. Pursuant to RCW 35A.11.020 and RCW 35A.12.140, the City of Spokane Valley adopts by reference Chapter 5.04 entitled "Dogs and Cats" and Chapter 5.12 entitled "inherently Dangerous Manunals/Reptiles" of the Spokane County Code as now in effect and as subsequently amended as the Animal Control Regulations for the City of Spokane Valley, any reference to "Spokane County" in Chapters 5.04 and 5.12 of the Spokane County Code shall be construed to refer to the City of Spokane Valley. Section 2. Amendment to Chapter 5.04 entitled "Does and Cats." Section 5.04.031 of the Spokane County Code entitled "Cat License — Required" is hereby deleted m its entirety. It is the intent of the City that cats shall not be licensed. • Section 3. Copy to Be Available. One copy of Chapters 5.04 and 5.12 of the Spokane County Code shall be available in the office of the City Clerk for use, inspection and copying by the public. Section 4. Reference to Hearing Bodies. When the animal control regulations adopted in Section 1 of this ordinance refer to Board of County Commissioners, Board of Appeals, Hearing Examiner or any other similar body, the City Council shall serve in such roles, but retains the right to establish one or more of such bodies, at any time without regard to whether any quasi-judicial or other matter is then pending for the purpose of delegating the appeal or other matter for hearing and disposition. 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, P:1Ortlinunces\Animul Contrul Ordinance No.56- final.duc Page 1 clause or phrase of this ordinance. Section 6. Effective Date. This Ordinance shall be in full force and effect on the official date or incorporation provided publication of this Ordinance or a suirunary thereof occurs in the official newspaper of the City as provided by law. ATTEST: PASSED by the City Council this day of March, 2003. Interim City Clerk, Ruth Muller Approved as to Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: P:lardinanccsWnimal Control Ordinance -t nal.doc Mayor, Michael DeVleming Page 1 Chapter 5.04 DOGS AND CATS Title 5 ANIMALS Page 1 of 2 Chapter 5.04 DOGS AND CATS 5.04.010 Purpose. • . 5.04.020 Definitions. 5.04.030 Dog license— Reouired. 5.04.0301 Dog /cat to have current vaccination against rabies. 5.04.032 Declaration of dangerous doe— Hearing and appeal — Impounding of dog. 5.04,033 Determination of tentially dancterous dog— Notice, hearing and appeal. 5.04.035 Registration of dangerous does — Requirements— Annual fee. 5.04.036 DangeLous dogs— Identification, 5.04.040 Unlawful use of license tags. 5.04.042 Commercial kennels. 5,04.043 Private kennels. .:*.,..Q.4.05,0 Enforcement power. 5.04.060 Imdipg�,if Qs - -No #ice of oti errs or eeper — (redemption —Fee. 5.Q4.U65 AdootSOn of animal - -{mac eement to spay or neuter — Sterility deposit — Forfeiture of animal -- Animal neuteringarogram revolving account. 5.04.066 Impounding of cats— Notice to owner or keeper— Redffi nntiop, 5.04.067 Control of cats. 5.04.070 Control of docjs. 5.04.071 Violations as infractions —Excg try" as,, 5.04.072 Notice of infraction— Issuance. 5 Q4,073 Notice of infraction --D_etermination final unless contested- -Form. 5.04.074 Re ponse to notice of infraction -- Contesting •et o r'natio —Hearin —Failure to res.ond or a.pear. 5.04.075 Hearings —Rules of procedure — Counsel. 5.04.076 Hearings — Contesting determination that infraction cm mitted—Agaol, 5.04.077 He r'r g,5— E6planation of mitigating circumstances. http: / /ordlink.corn/codes /spokaneco/ DATA /TITLE05/ Chapter _5_04 _ DOGS_AND_CATS /in... 2/26/2003 • Chapter 5.04 DOGS AND CATS Page 2 of 2 5.04.078 Order of court —Civil nature — Waiver, reduction. suspension of penalty — Community service in lieu of penalty, 5,09,.079 Notice of failure to sigra, nonappearance -- Failure to satisfy_p eliy,, 5.04.0791 Person receiving notice — Identification ens! detention. 5.04.079Z.FAure to obey instructions of e o is r 5.Q4.09.0 Animal control director or his or her designee — Issuance of criminal citation. 5.04.110 Redemption procedures. 5.04.120 Destruction of vicioupgs. 5.04.130 Penalties. 5.04.131 Violation as constituting a public nuisance. 5.04.140 Fee setting authority. 5.94.150 Duty when striking domesti animal with motor vehicle. 5.04.160 Animal bites to be reported. 5.04.170 Spaying and nu terinq services. 5.04.900 Severability 5.04.910 Effective date — Preservation of existing cases. http: / /ordlink.com/codcs /spoka.neco/ DA /Chapter 5 04 DOGS_AND_CATS /in... 2/26/2003 'Chapter 5.12 INHERENTLY DANGEROUS MAMMALS/REPTILES Page 1 of 1 Title 5 ANIMALS Chapter 5.12 INHERENTLY DANGEROUS MAMMALS /REPTILES 5,12.010 Purpose. 5.12.02,0 Definitions. 1.2.. 30 Running t large. 5j4 0 Harboring /owning i rer ty dangerous mammals and/or inherently dangerous reptiles. 5.12.050 Exemptions, 51 0 Licensing and ins [zes 5.12.070 Renewal otlicen.,es. 5.12.0$0 Standards for housing and care. 5.12.090 Impoundinolhousina fees, violations. penalties. 5.12.100 Enforcement provisions. 5.12.110 Sale an• t .nsfer of inherentl dang mi_si mammals and /or inherently dangerous reptiles, 5.12.120 Running at large /duty to notify animal control department. 5.1 2 130 Rabies virus testing /duty to reimburse for costs. 5.12.140 Ag ements. 5.12.150 Severability. 5.12.160 Complian with other laws. http J/ ordlink. comlcodes/ spokaneco /_DATAITITLE05 /Chapter_5_ 12_Il\THERENTLY_DAN... 2/26/2003 CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. - 2003 -079 DATE ACTION IS TITLE: TYPE OF ACTION: REQUESTED: Hearing examiner jurisdiction March 20, 2003 X Ordinance APPROVED FOR ATTACHMENTS: COUNCIL PACKET: Ordinance No. 57 Resolution City Manager Motion Dept. Head Other Attorney Approve As To Form SUBMITTED BY: Interim Community Development Director STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Advance Ordinance No. 57 to second reading. DISCUSSION: During study sessions and a public hearing on the comprehensive plan and related development regulations to guide land use development in the City, the consensus of the Council is that a hearing examiner process will facilitate land use decisions, code interpretations and appeals of City action. This proposed ordinance establishes authority and process for regulatory hearings and establishes the office of hearing examiner. ALTERNATIVES: 1) have all matters relating to land use decisions appealed to and determined by Spokane County Superior Court. FISCAL IMPACT: Cost for services under interlocal agreement with Spokane County SOURCE OF FUNDS: General Fund AMOUNT BUDGETED: 530,000 for the year 2003 AMOUNT NEEDED FOR PROJECT: P.SOrclinin eAOrd. 57. hcuin8 awnrdml.doc CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 57 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ESTABLISHING THE OFFICE OF HEARING EXAMINER, ADOPTING A HEARING EXAMINER SYSTEM, CONFERING JURISDICTION AND PROVIDING FOR RULES AND REGULATIONS. WHEREAS, the City of Spokane Valley will incorporate on March 31, 2003: WHEREAS, the City of Spokane Valley will adopt an Interim Comprehensive Plan and related Development Regulations to guide land use development in the City; WI-IER.EAS, the City Council believes a hearing examiner process will facilitate land use decisions, code interpretations and appeals of City action; and NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Purpose. The purpose of this ordinance is to establish the authority and process for regulatory hearings which will provide: A. A prompt opportunity for a hearing and decision on certain land use permits, appeals, alleged violations of land use regulations, and such other matters as may be assigned to the hearing exami ner. B. Procedural due process and the appearance of fairness by conducting hearings before a fair and impartial examiner competent in the fields of land use and regulatory requirements. Section 2. Office Created- Duties. Pursuant to RCW 35A.63.170, RCW 36.708.120(3) and RCW Chapter 58.17, the Office of Hearing Examiner ( "Examiner ") is created. The Examiner will conduct hearings, interpret, review and implement land use regulations and other regulatory requirements, make decisions and orders and perform such other duties as may be assigned. The term "Examiner" includes deputy examiner, examiner pro tem, or substitute examiner. The legal effect of the Hearing Examiner decisions shall, depending on the matter, be: (a) a recommendation to the City Council; (b) an administrative decision appealable to the City Council or Superior Court; or (c) a final decision of the City Council. Section 3. Appointment. The Examiner will be appointed through Interlocal Agreement private contract, or be an employee of the City. Section 4. Removal. The Examiner may be removed from office at any time for just cause by an affirmative vote of a majority of the whole membership of the Council. Page 1 Section 5. Qualifications. The Examiner will be appointed solely with regard to qualifications for the duties of the office and must have training and experience in land use planning and zoning issues including a license to practice law in the State of Washington. The experience must qualify the person to conduct administrative and quasi-judicial hearings and to discharge other conferred functions. The Examiner will hold no other elective or appointive office or position in the City. Section 6. Compensation. If the Examiner is appointed through an Interlocal Agreement or private contract compensation will be as negotiated between the City and the Examiner and /or the Examiner's employer. If the Examiner is a City staff position, compensation shall be as set forth in the City's salary schedule. Section 7. Powers: The Examiner shall receive and examine available information, including environmental documents, administer oaths and affimiations, examine witnesses, rule upon offers of proof, conduct public hearings and prepare a record thereof, and enter findings of fact, conclusions of law, and decisions on: a) Appeals from any decision of the Department of Planning in the administration and enforcement of the Development Regulations (Zoning Code) or other land use code or regulation where an appeal to the I- Iearing Examiner is specifically authorized; b) Applications for conditional use permits and suspension or revocation of such permits; c) Applications For variances; d) Preliminary plat applications; e) Appeals of State Environmental Policy Act determinations; f) Plat vacations and alterations; g) Application for shoreline permits; h) Applications for any other identified land use regulatory permits which may be required by ordinance; and i) Applications for site- specific zone changes and planned unit development; j) Applications for a change of conditions or modification to an approved zone change, preliminary plat, conditional use permit or other application requiring a public hearing; and k) Any other matters that the City Council may refer by Motion or ordinance, specifically declaring the matter may be heard by the Hearing Examiner. Section 8. Freedom From Improper influence. No person shall attempt to influence the Examiner in any matter pending before the Examiner, except publicly at a public hearing duly called for such purpose, or to interfere with an Examiner in the performance of the Examiner's duties in any other way; provided, that this section will not prohibit the City Attorney from rendering legal services to the Examiner. Section 9. Conflict of Interest. The Examiner shall not conduct or participate in any hearing, decision or recommendation in which the Examiner has a direct or indirect substantial financial interest, or concerning which the Examiner has had substantial prchearing contacts with proponents or opponents wherein the issues were discussed; nor, on appeal from or review of an Examiner decision, shall any member of the legislative body who has such an interest or has had P:\Ch dinentcs fNd, 57, hctaing cxzm- final.doc Page 2 such contacts participate in the consideration thereof. This is not intended to prohibit necessary or proper inquiries on matters such as scheduling and procedure, but any such contacts are to be entered into the official record of the proceeding. Whenever possible, such inquiries and the responses to such inquiries shall be in writing. The office of the Examiner will be separate from and not a part of the Planning Department. Section 10. Rules. The Examiner will prescribe Hiles for the scheduling and conduct of hearings and other procedural matters related to the duties of his office. The rules for a hearing will provide for the taking of sworn testimony and rebuttal, and may authorize the Examiner to limit the time allowed to parties testifying on an equal basis and time limits on rebuttal. Cross examination of witnesses may be allowed by the Examiner. The rules shall be approved by the City Council. Section 11. Decision -Legal Effect. The Examiner will receive and examine available information, make site visits, take official notice of matters, conduct public hearings, prepare a record thereof, and enter findings, decision or recommendations as provided in this section. A. The decision of the Examiner on the following matters shall be final and conclusive and have the effect of a final decision of the City Council. P10rdincxes\Ard. 57, hcuing cum.finel.duc 1. Applications for variances; 2. Conditional use permits; 3. Special use permits; 4. Shoreline Permits, when a public hearing is required; 5. Appeals from any administrative decision of the Department of Planning in the administration or enforcement of the Zoning Code or other land use code or regulation; 6. Appeals on State Environmental Policy Act determinations. B. The decision of the Examiner on the following matters shall be given the effect of an administrative decision appealable to the City Council: 1. Site specific zone changes of property, including any environmental determination (under SEPA); Planned unit developments, including any environmental determination (under SEPA); 3. Preliminary plats, including any environmental determination (under SEPA); and Page 3 4. Any other applications or appeals that the City Council may refer by motion or ordinance, specifically declaring the Hearing Examiner can be appealed to the City Council. C. The decision of a matter listed in Paragraph A above, except for a shoreline permit, shall be given the effect of an administrative decision appealable to the City Council, if it is related to a decision on a matter listed in Paragraph B that was heard concurrently and that is appealed to the City Council. the parties; D. In addition to the powers set forth herein, the Examiner may: 1. Regulate the course of the hearing in accord with this ordinance and other applicable laws and rules; 2. Hold conferences for the settlement or simplification of' issues by consent of P ;S7r&vnc 5 Oxd. 57, hrniirtgemm.ffl.doe 3. Dispose of procedural requests or similar matters; 4. Take such other action authorized by ordinance. D. The Exarn.iner is hereby empowered to act in lieu of the Board of Adjustment, the Planning Commission, and such other official, boards or commissions as may be assigned, for land use issues listed in Section 9, and other land use issues authorized by the City Council. Wherever existing ordinances, codes or policies authorize or direct the City Council, Board of Adjustment, Planning Commission or other official, boards or commissions to undertake certain activities which the Examiner has been assigned, such ordinances, codes or policies will be construed to refer to the Examiner Section 12. Land Use Issues -Report of Planning Department. On any land use or regulatory matter coming before the Examiner, the Planning Department will coordinate and . assemble the review of other City Departments, govermnental agencies, and other interested parties and will prepare a report summarizing the factors involved and the Department's findings and recommendations. At least five calendar days prior to the scheduled hearing, the report will be filed with the Examiner and copies thereof mailed to the applicant and made available for public inspection. Copies thereof will be provided to interested parties upon payment of reproduction costs. In the event that information to be provided by the applicant or other parties, outside of City control, has not been provided in sufficient time for filing five days in advance of the hearing, the Hearing Examiner may reschedule the hearing and notify interested parties. Section 13. Report to and Meeting with Planning Commission and City Council. The Examiner must report in writing to and, if requested, meet with the Planning Commission and City Council at least annually for the purpose of reviewing the administration of the land use policies and regulatory ordinances, and any amendments to City ordinances or other policies or procedures which would improve the performance of the Examiner process. Such report may include a summary of the Examiner's decisions since the last report. Page 4 Section 14. Reconsideration. Any aggrieved person upon good cause that the decision of the Examiner is based on erroneous procedure, error or law or fact, error in judgment, or the discovery of new evidence which could not have been reasonably available at the hearing, may make a written request for reconsideration by the Examiner within ten (10) days of the date the decision is rendered. This request must set forth the specific errors or new information relied upon by such appellant. The Examiner may after review of the record and materials take further action as appropriate. Section 15. Appeals. Unless provided otherwise by this Ordinance or statute (see RCW Chapter 36.70C and RCW Chapter 90.58), any aggrieved person may submit awritten appeal of the Examiner's Decision to the Council within fourteen (14) calendar days from the date the final decision of the Examiner is rendered. The Council shall hold a closed- record hearing on the appeal. Such written appeal shall allege specific errors of law or fact, specific procedural errors or errors in the interpretation of the Comprehensive Plan or development regulations. Upon such written appeal being filed within the time period allotted and upon payment of fees as required, a hearing will be held by the City Council. Such hearing will be held in accord with appeal procedures adopted by the City Council. if the Examiner has recommended approvals of the proposal, such recommendation will be considered by the City Council at the same time as the consideration of the appeal. The Examiner's decision will be presumed to be correct and supported by the record and law. Section 16. Incorporation By Reference. Pursuant to RCW 35A.12.140, the City of Spokane Valley incorporates by reference Spokane County Resolution 96 -0294, attached hereto to the extent it is not inconsistent with this Ordinance. Said Resolution will he of no further effect upon the adoption of the rules specified in Section 10 of this ordinance. In the event of an inconsistency between this Ordinance and the above Spokane County Resolutions, this Ordinance and other City Ordinances and rules shall supersede and control. Section 17. 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 18. Effective Date. This Ordinance shall be in full force and effect five (5) days after publication of the Ordinance Summary, and on the date of incorporation. PASSED by the City Council this day of March, 2003. V;YOndm,nce51Otd. 57. boring emm•faul.doc Mayor, Michael DeVleming Page 5 ATTEST: Interim City Clerk, Ruth Muller Approved as to Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: P:SOrdhwio 5O d, 57, :warily e,wm- (irul,doc Page 6 APPROVED FOR CO U L PACKET: City Manager Dept. Head Attorney Approve As To Form DATE ACTION IS REQUESTED: February 25, 2003- continued March 6, 2003 - continued March 13, 2003 -first reading March 20, 2003 - second reading TITLE: PERSONNEL ORDNANCE ATTACHMENTS: - Proposed Ordinance No. 44 TYPE OF ACTION: X Ordinance Resolution Motio n Other SUBMITTED BY: Don Morrison CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -041 STAFF' RECOMMENDS COUNCIL MAKE A MOTION TO: Suspend the rules, advance to second reading and adopt Ordinance No. 44. DISCUSSION: Refer to Human Resources System Binder material. Following introduction at the February 25, 2003 regular meeting, Council raised a number of questions relating to several provisions of this ordinance. The ordinance was delayed for action until councilmembers had an opportunity to thoroughly review with staff the provisions of the personnel policies and benefits included in this document. At the February 27, 2003 special meeting, this ordinance was reviewed by City staff, attorney and councilmembers and the consensus of the Council was to include Ordinance No. 44 as amended on the March 6, 2003 agenda. Action on this ordinance was continued at the March 6, 2003 meeting to allow time for the City Attorney to thoroughly review contents of the ordinance. At the March 13, 2003 meeting, this ordinance was advanced to second reading by a majority vote of the Council (4 -3). ALTERNATIVES: Refer to Human Resources System Binder material FISCAL IMPACT: SOURCE OF FUNDS: General Fund or Street Fund depending on assignment of personnel AMOUNT BUDGETED: TBD AMOUNT NEEDED FOR PROJECT: Dependent upon staffing plan and benefit resolutions CITY OF SPOKANE VALLEY SPOKANE COUNTY WASHINGTON ORDINANCE NO. 44 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON ESTABLISHING A HUMAN RESOURCES SYSTEM FOR THE CITY AND OUTLINING THE BASIC PERSONNEL POLICIES AND EMPLOYEE BENEFITS OF CITY EMPLOYEES. WI-IER.EAS, the City Council is desirous of establishing a human resources system for the City to provide the framework for. the classification, compensation, recruitment, selection and employment of city staff, and WHEREAS, the City Council desires to set forth the policies governing the management of the human resources functions of the city administration; NOW THEREFORE, the City Council of the city of Spokane Valley, Washington, do ordain as follows: Section 1. Human Resources System Established. A. There is established a human resources system for the City of Spokane Valley to provide a uniform system of personnel administration and ensure that recruitment, selection, placement, compensation, promotion, retention and separation of City employees are based upon qualifications and fitness in compliance with this Ordinance, Federal and State laws. B. Employment with the City shall be "at- will" and may be tenninated at any time by either the City Manager or the employee. No official or employee of the City, other than the City Manager, shall have the authority to enter into any agreement for employment. C. Personnel Policies that relate to wages, benefits and conditions of employment shall be submitted to the City Council for review and approval with the City Manager authorized, directed and empowered to development administrative policies, procedures, rules, forms and materials that are consistent with the Personnel Policies in order to implement the human resources system of the City. Said policies and procedures shall comply with all related state and Federal laws, as well as City ordinances and resolutions. Section 2. Equal Employment Opportunity. it is the policy of the City to ensure equal employment opportunity for all employees and appointed representatives. This commitment includes a mandate to promote and afford equal treatment and services to all citizens, employees and City representatives, and to assure equal employment opportunity based on ability and fitness to all persons regardless of race, religion, color, creed, national origin, sex, marital status, age, or the presence of any sensory, mental, or physical disability unless such disability effectively prevents the performance of the essential duties required of the position and which are bonafide occupational qualifications. P:\Ordinanccs\Ordinance No. 44,personnel.doc 1 Section 3. Non Discrimination. A. The City of Spokane Valley will not discriminate on the basis of race, color, national origin, sex, religion, age, marital status, or disability in employment or the provision of services. It is also the intent of the City to guarantee disabled persons equal opportunity to participate in or enjoy the benefits of City services, programs, or activities, and to allow disabled employees a bias free work environment. Section 4. Sexual Harassment. A. it is the policy of the City to seek to eliminate and /or prevent sexual harassment in general, as well as to alleviate any effects sexual harassment may have on the working conditions of an employee. in response to formal reports of sexual harassment, the city will seek to protect all parties involved from retaliation, false accusations, or future harassment, and, where indicated, will take reasonably prompt and adequate remedial measures. 13. The City Manager or designee shall investigate and appropriately respond to all complaints of sexual harassment. If the City Manager is the subject of the complaint, then an independent outside agency shall investigate the complaint. Any records related to sexual harassment shall be sealed and retained in a separate peronnel filed maintained by the Human Resources Manager. Section 5. Reporting Improper Governmental Action — `Vhistleblowing, A. In accordance with RCW 42.41, City officials and staff shall conduct City business with the utmost integrity and in strict accordance with all applicable federal, state and local laws. Accordingly, employees are encouraged to bring to the attention of the City Manager improper actions of City officials and employees. If the City Manager is the subject of the complaint, then the improper actions shall be reported to the City Attorney who shall consult with the City Council on a course of action. The City will not retaliate against any employee who makes such a disclosure in good faith, B. The City Manager is authorized and directed to develop and implement administrative policies and procedures to carry out the intent of this section and otherwise comply with State law related hereto. Section 6. Drug Testing. A. The City Manager shall require an appropriate post -offer pre- employment physical exam and drug screen test of all prospective City employees. B. Employees required to maintain a Commercial Driver's License (CDL) shall be subject to periodic random drug testing as required by law. C. Upon a finding by an employee's supervisor of reasonable suspicion that the employee's ability to properly perform the job has been lessened by the use of intoxicating liquor and/or drugs, the employee may be required to submit to alcohol or drug testing. In addition, an employee may be required to submit to alcohol or drug testing if the employee is injured or P: \Ordinances1Ordinzutoe No. 44,personnrl,doc 2 injures another employee during work hours or is involved in a work- related accident and the city reasonably suspects that the employee's actions or failure to act contributed to the injury or accident. Section 7. Employee Classification. A. Position classifications shall be developed and maintained for City employment. A job description shall be prepared and maintained so that that the classifications and accompanying salary reflect the current duties and responsibilities of the job. 13. Significant changes in the duties and responsibilities of any position within the city service shall result in an evaluation of the position and possible reclassification based on such changes. All position classifications shall be reviewed periodically to assure that the classification reasonably reflects the current duties and responsibilities of the position. C. Whenever the designated Human Resources Manager has classified a new position or reclassified an existing position, as required by subsections (a) and (b) of this section, the Human Resources Manager shall submit the changes to the City Manager for approval. To the extent the foregoing results in a change in an employee's current salary or wages, such change shall not become effective until inclusion and adoption through a budget ordinance of the City Council. Section 8. Salary Plan — Hiring Rate. A. The City Manager shall develop an annual salary plan for all City positions that results from an evaluation of duties and responsibilities. B. The salary plan shall be presented and considered as part of the annual budget adoption process, and shall include the grade, title and salary range of all classified City positions. C. New prospective City employees meeting the minimum qualifications for the position shall normally be hired at the minimum rate of pay within the salary range. However, when a prospective employee's current rate of pay exceeds the minimum rate of pay of the respective job title, or a prospective employee's qualifications, experience, and record of achievement considerably exceed the minimum requirements for the position, the City Manager may authorize a salary above the minimum. No employee shall be hired in excess of the approved salary range established for the position. Section 9. Overtime - Compensatory Time Off. A. For the purposes of computing eligibility for overtime pay, the term employee refers to those employees identified by RCW 49.46.130 who are eligible for overtime compensation. Employees who are exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) and RCW 49.46.130 shall not receive any overtime pay. Employees who are not exempt from the FLSA shall by compensated for overtime at the rate of one and one -half for hours worked in excess of the number of hours allowed per work week as designated under the Fair Labor Standards Act. P:\OrdinanceslOrdinance No. 44,personncldoc 3 B. When warranted, personal leave for exempt employees may be granted by the City Manager in recognition of extraordinary work time required of exempt positions. Section 10. Social Security and Medicare. A. The City of Spokane Valley shall offer a substitute social security program, and shall not participate in the Social Security System (FICA) for employees covered by a qualified retirement program. B. Casual, part -time and temporary employees who are not covered by a qualified retirement program shall participate in the Social Security System (FICA) as required by law. C. The Social Security Substitute Program shall be a 401A plan approved by the City Council. City and employee contribution rates and maximums shall match FICA contribution rates and maximums as published in the Internal Revenue Service's Employer's Tax Guide, iRS Publication 15. D. As required by law, the City shall participate in the Medicare program. Section 11.: Retirement. All regular full -time City employees, except the City Manager who has the option of joining an alternate portable retirement plan in lieu of PERS, shall be required to participate in the state mandated Washington State Public Employees Retirement System (PERS). Section 12. Severability. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this ordinance. Section 13. 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. ATTES Passed by the City Council of the City of Spokane Valley on , 2003. Interim City Clerk, Ruth Muller Approved as to Form: rim City Att• ney, Stankry M. Schwartz P:10rdinanceslOrdinancc No. 44,personnel.doc 4 Mayor, Michael DeVleming Date of Publication : Effective Date: P:\OrdinanceslOrdinancc No. 44.personnel.doc. 5 Return to: Danicla Erickson Spokane Valley Contract Clerk of the Board No. CO3 -21 1116 West Broadway Approved: Spokane, Washington 99260 IJ TERLOCAL AGREEMENT FOR PRETRJAL SERVICES IN THE CITY OF SPOKANE VALLEY (April .1, 2003 - December 31, 2004) WITNESSETH: THIS AGREEMENT, made and entered into by and between the Spokane County, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane, Washington 99260, herei.nafter 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, 1.1707 East Sprague Avenue, Suite 106, Spokane Valley, Washington 99206, hereinafter referred to as "CITY," jointly hereinafter referred to as the "PARTIES." WJ{EREAS, 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:O1.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 will transfer from Spokane County to the 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 Pagel of 9 WHEREAS, pursuant to the provisions of RCW 39.34.180, the City of Spokane Valley is responsible for the costs incident to prosecution of misdemeanor and gross misdemeanor offenses that occur within its jurisdiction and that are committed by adults; and WIIEREAS, Spokane County has established the Office of Pretrial Services ( "OPTS "). OPTS has two primary responsibilities. First, OPTS interviews, investigates and makes recommendations to District and Superior Courts on all felons who are in custody and have a First Appearance (Bond) Hearing. Second, both. Spokane County District/Municipal Court and Spokane County Superior Court designate OPTS to process Public Defender applications in order to make a determination of indigency. WHEREAS, the City of Spokane Valley desires to utilize the services OPTS to process Public Defender applications in order to make a determination of indigency where the charge is for a violation of a state statute punishable as a misdemeanor or gross misdemeanor offense committed by an adult within the jurisdiction of the CITY of Spokane Valley and/or (iii) the charge is for a violation of a City of Spokane Valley ordinance punishable as a misdemeanor or gross misdemeanor, hereinafter referred to as "Pretrial Services." NOW THEREFORE for and in consideration of the mutual promises set forth hereinafter and as provided for in the above- referenced recitals, the PAR11ES do hereby agree as follows: SECTION NO. 1: PURPOSE The purpose of this Agreement is to reduce to writing the PARTIES understanding as to the terms and conditions under which COUNTY through the Office of Pretrial Services ("OPTS ") will provide "Pretrial Services" for CITY. Pretrial Services are defined in Section No. 4 hereinafter. It is the intent of the PARTIES that Pretrial Services to be provided by COUNTY will be consistent with CITY'S Council/Manager form of government provided for in chapter 35A.13 RCW and the provisions of chapter 10.101 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 of the PARTIES provides notice of termination as further described in Sections No. 5 and 12 of this Agreement. Page 2 of 9 SECTION NO. 3: COST OF SERVICES AND PAYMENTS CITY shall pay COUNTY the actual costs for Pretrial Services provided under this Agreement. The estimated cost for Pretrial Services under. this Agreement for 2003 is TWENTY FIVE THOUSAND FIVE HUNDRED ONE DOLLARS ($25,501.00). CITY'S estimated cost was arrived at by using that methodology set forth in Attachment. "A," attached hereto and incorporated herein by reference. The PARTfES agree to use that same methodology contained in Attachment "A." to arrive at the estimated costs for calendar year 2004 Pretrial Services. The PARTIES recognize that the costs will more than likely increase in 2004. For instance, staff may receive salary adjustments by COUNTY or the maintenance and operation expenses of OPTS may increase. These increases or potential decreases will be reflected in the figures used in the methodology for calculating the CITY'S 2004 estimated costs. Additionally, the methodology will use the actual number of CITY cases receiving Pretrial Services. At the end of calendar year 2003 and calendar year 2004, using actual maintenance and operations expenditures ("M&O") expenditures as well as actual number of Pretrial Services provided to CITY for each year, COUNTY and CITY will each determine respectively whether or not the estimated M &O numbers and number of Pretrial Services number(s) (percentage) used as the basis for calculating costs 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 of the year following the year Pretrial Services were performed. For the purpose of this Agreement, the terminology M &O shall have the same meaning as set forth in the BARS manual adopted by the State of. Washington under chapter 43.88 R.CW. COUNTY will bill CITY for the cost of services as outlined, monthly, during the first week of the month. Monthly payments will be determined by dividing yearly costs by twelve (12) except for the 2003, where the above amount shall be divided by nine (9). 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. SECTION NO. 4: SERVICES PROVIDED RCW 10.101.020(1) provides that a determination of indigency shall be made for all persons wishing the appointment of counsel in criminal cases where the right to counsel Page 3 of 9 attaches and that the Court shall determine whether the person is indigent pursuant to the standards set forth in chapter 10.101 RCW. COUNTY through the Office of Pretrial Services ( "OPTS ") will process indigency applications for CITY in instances where the charge is for a violation of a state statute punishable as a misdemeanor or gross misdemeanor offense committed by an adult within the jurisdiction of the CITY and /or where the charge is for a violation of a City of Spokane Valley ordinance punishable as a misdemeanor or gross misdemeanor. Pretrial. Services shall be provided in the OPTS office, Spokane County Jail, or in the courtroom at the request of a Spokane County District Court .fudge. In the event CITY requests such Pretrial Services be provided at a location other than those provided for herein, the PARTIES agree to meet and mutually negotiate any and all increased/decreased costs to COUNTY in providing such Pretrial Services at such additional location(s). CITY further recognizes that a change in working location is a change in "working conditions." COUNTY will need to negotiate changes in working locations with affected bargaining units. COUNTY OPTS Program Manager or his/her designee agrees to attend staff meetings as requested by the CITY Manager. COUNTY OPTS Program Manager or his designee further agrees to meet upon request by the CITY Manager or his/her designee to discuss any Pretrial. Service provided under the terms of this Agreement. CITY agrees COUNTY will use COUNTY'S stationary in conjunction with providing Pretrial Services under the terms of this Agreement. SECTION NO. 5: NOTICE A.11 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 COUNTY at the address set forth below for such Party, or at such other address as COUNTY shall from tune -to -time designate by notice in writing to the other PARTIES: COUNTY: Page 4 of 9 Spokane County Chief Executive Officer or his/her authorized representative 1116 West Broadway Avenue Spokane, Washington 99260 SECTION NO. 6: REPORTING SECTION NO. 7: COUNTERPARTS SECTION NO. 8: ASSIGNMENT City of Spokane Valley City Manager or his /her authorized representative Redwood Plaza 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 COUNTY OPTS Program Manager shall provide a mutually acceptable quarterly report to CITY that will contain information relating to Pretrial Services performed during the preceding quarter. 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. No party may assign in whole or part its interest in this Agreement without the written approval of all other PARTY. SECTION NO. 9: STAFF ASSIGNIVIENT, RETENTION, DISCIPLINE, AND HIRING. COUNTY shall hire, assign, retain and discipline all employees performing Pretrial Services under this Agreement according to applicable collective bargaining agreements and state and federal laws. COUNTY agrees to meet and confer with CITY with respect to staff who are assigned to provide Pretrial Services. SECTION NO. 10: :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, 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 Page 5 of 9 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 COIJNTY 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 claims made by the indemnitor's employees. The PARTIES acknowledge that these provisions were specifically negotiated and agreed upon by them. (d) COUNTY and CITY agree to either self insure or purchase polices of insurance covering the matters contained in this Agreement with coverages of not less than $5,000,000 per occurrence with $5,000,000 aggregate limits and auto liability coverage. SECTION NO. 11: 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. SECTION NO. 1 MODIFICATION/TERM.I:NATION This Agreement may be modified in writing by mutual written agreement of the PARTIES. Any Party may tenninate this Agreement upon a minimum of 90 days written notice to the other PARTY. Page 6iof9 Upon termination, CITY shall be obligated to pay for only those Pretrial Services rendered prior to the date of termination based upon a pro rata division of those fees set forth in Section No. 3 for the month termination is effective based on calendar days. Upon termination, at CITY'S option and at no cost to CITY, COUNTY shall continue to provide services to completion for those indigency applications received prior to the effective date of termination. SECTION NO. 13: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized in association with COUNTY providing Pretrial Services under the terms *of this agreement shall remain with the COUNTY unless specifically and mutually agreed by the PARTIES to the contrary. SECTION NO. 1.4: ALL WRITINGS CONTAINED FI.E:REIN/BINDING EFFECT This Agreement contains terms and conditions agreed upon by the PA.RI1ES. 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. 1.5: DISPUTE RESOLUTION Any dispute among the PARI WWS with respect to the methodology used to calculate the 2004 costs of Pretrial Services under the terms of this Agreement that cannot be resolved between the PARTIES shall be subject to binding arbitration. COUNTY and CITY shall have the right to designate one person each to act as an arbitrator. The two selected arbitrators shall then jointly select a third arbitrator. The decision of the arbitration panel shall be binding on the PARTIES and not subject to judicial review. The costs of the arbitration panel shall be jointly split between the PAR PIES involved in the arbitration. SECTION NO. 16: VENUE STIPULATION This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each party Page 7 of 9 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. 17: SEVERABIL.ITY 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. S:I' C1`ION NO. 18: RECORDS All public records prepared, owned, used or retained by COUNTY and OPTS in conjunction with providing Pretrial Services under the terms of. this Agreement shall be deemed CITY property and shall be made available to CITY upon request by the CITY Manager subject to any applicable laws regarding privacy. COUNTY will notify CITY of any public disclosure request under chapter 42.17 RCW for copies or viewing of such records as well as the COUNTY'S response thereto. SECTION NO. 19: ASSURANCE COUNTY represents and assure CITY that no other city or town will receive more favored treatment in receipt of Pretrial Services than that made available to the CITY for similar services. SECTION NO. 20: HEADINGS The section headings appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to define, limit or extend the scope or intent of the sections to which they pertain. Page 8 of 9 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 A l."1"t: ST: VICKY M. DALTON CLERK OF THE BOA:RI) BY: Daniela Erickson, Deputy M. KATE MCCASLIN DATED: CITY OF SPOKANE VALLEY: Attest: By: Its: City Clerk (Title) Approved as to form only: Acting City Attorney O:1Valley CitytDraft Contracts\pretrial scrviceslprctrial services 022703- clraftl.doc Page 9 of 9 JOHN ROSKELLEY, Chair PI-MLIP D. HARRIS, Vice - Chair BUDGET & STAFF ALLOCATIONS - CITY OF SPOKANE VALLEY Office of Pre -Trial Services The department's 2003 Salary & Benefits (S &B) budget is $284,784. The Maintenance & Operations (M &O) budget is $10,398. Our total projected 2003 budget is $295,182. 20% of Salaries & Benefits, or $56,957, is dedicated to providing misdemeanor services to the unincorporated area of the county, which includes the new City of Spokane Valley. 26% of Maintenance & Operations, or $2,703, is dedicated to misdemeanor services. We have been tracking misdemeanor cases since June and identifying the area of the county where the arrests were made. The number of arrests in the City of Spokane Valley has run between 38% and 42%. The percentages have remained consistent and our data coincides with statistical data compiled by District Court and the Sheriffs Department. Based on these figures, $22,782 or 40% of the department's Salary & Benefit budget ($56,956 x 40 %) is allocated to the City of Spokane Valley. Maintenance & Operations was $1,081. Indirect costs as a portion of S &B total $1,638. Indirect costs are calculated as follows: Formula Indirect Costs = Misdemeanor Portion of 2003 Salary & Benefits x 40% x Factor (7.19 %) $56,956 x 40% = $22,782 $22,782 x 7.19% = $1.638 Indirect Cost Total departmental costs allocated to the City of Spokane Valley is $25,501. ATTACIIMENT "A" Return to: Daniela Erickson Spokane Valley Contract Clerk of the Board No. CO3 -17 1116 West Broadway Approved: Spokane, Washington 99260 INTERLOCAL AGREEMENT FOR PROBATION SERVICES FOR THE CITY OF SPOKANE VALLEY (April 1, 2003 - December 31, 2004) THIS AGREEMENT, made and entered into by and among the Spokane County District /Municipal Court, having offices for th.e transaction of business at 1100 West Mallon, Spokane, Washington 99260, hereinafter referred to as "COURT," Spokane County, having offices for the transaction of business at 1116 \Vest Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as "BOARD," together sometimes referred to along with the COURT 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 "PA.R.TIES." WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners of Spokane County has the care of County property and the management of County funds and business; and WHEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley established 12:01 A 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 will transfer from COUNTY to CITY; 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 Pagel of 7 WITNESSETH: 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) misdemeanor 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. I: 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 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 2of7 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 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 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 PAR HES 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 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 1116 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 SECTION NO. 7: ASSIGNMENT No Party may assign, in whole or in part, its interest in this Agreement without the approval of all other PARTIES. SECTION NO. 8: 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, loss, costs, expenses, and daanages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of COUNTY /COURT, their 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 C1TY, 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/COURT and their respective officers, agents, and employees, COUNTY shall satisfy the same. (b) CITY shall indemnify and hold harmless COUNTY /COURT 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 /COURT, CITY shall defend the same at its sole cost and expense; provided that COUNTY /COURT reserve 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 /COURT, and their 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 fill and complete indemnity of claims made by the indemnitor's employees. The PARTIES acknowledge that these provisions were specifically negotiated and %need 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 auto liability coverage. SECTION NO. 9: RELATIONSHIP OF THE PARTI The PA.RTIES intend that an independent contractor relationship will be created by this Agreement. No agent, employee, servant or representative of COUNTY /COURT shall be deemed to be an Page 4 of 7 employee, agent, servant or representative of CITY for any purpose. Likewise, no agent, employee, servant or representative of the CITY shall be deemed to be an employee, agent, servant or representative of COUNTY/COURT for any purpose. SECTION NO. 10: REPORTING COURT shall provide a mutually acceptable quarterly report to CITY that will contain information relating to Probation Services performed during the preceding quarter. SECTION NO. 11: PROBATION SERVICES STAFF COURT shall hire, assign, retain and discipline all employees performing Probation Services under this Agreement according to collective bargaining agreements, relevant civil services rules and regulations, state and federal laws and applicable agreements. COURT agrees to meet and confer with CITY with respect to stag' assigned to provide Probation Services. SECTION NO. 12: RECORDS All public records prepared, owned, used or retained by COURT in conjunction with providing Probation Services under the terms of this Agreement shall be deemed CITY property and shall be made available to CITY upon request by the CITY Manager subject to the court rule, statue or case law. COURT will notify CITY of any public disclosure request under chapter 42.17 RCW for copies or viewing of such records as well as the COURT'S response thereto. SECTION NO. 13: ASSURANCE COUNTY and COURT represent and assure CITY that no other city or town will receive more favored treatment in receipt of Probation Services than that made available to the CITY for similar services. SECTION NO. 14: MODIFICATION OR 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 90 days written notice to the other PARTIES. Upon termination COURT shall continue to provide Probation Services to completion for those cases assigned by the COURT to receive Probation Services prior to the effective date of the termination. Page 5of7 SECTION NO. 15: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized in providing Probation Services shall remain with the original owner unless specifically and mutually agreed by the PARTIES to the contrary. SECTION NO. 16: ALL WRITINGS 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 writing, executed by the PARTIES. This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. SECTION NO. 17: VENUE STIPULATION This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each party that this Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. SECTION NO. 18: SEVERABILITY 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 PAR.TIES shall not be affected in regard to the remainder of the Agreement. If it should appear that any part, term or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. SECTION NO. 19: 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. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. Page 6 of 7 DATED: SPOKANE COUNTY MUNICIPAL/DISTRICT COURT: ATTEST: VICKY M. DALTON CLERK OF THE BOARD $Y: Danicla Erickson, Deputy Attest: City Clerk A.pprovcti as to form only: Acting City Attorney Page 7 of 7 13y: Its: ' DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE, COUNTY, WASHINGTON JOHN ROSKELLEY, Chair PI—H LIP D. HARRIS, Vice -Chair M. KATE MCCASLIN DATED: CITY OF SPOKANE VALLEY: 0:1Vaffey City\Draft Coat tcts \Probation\probation services 022703 -draft 3.DOC 13y: Its: (Title) Return to: Daniela Erickson Spokane Valley Contract Clerk of the Board No. CO3 -16 1116 West Broadway Approved: Spokane, Washington 99260 I NFERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND CITY O.F SPOKANE VALLEY REGARDING COST SHARING FOR JAIL SERVICES (April 1., 2003 — December 31, 2004 with renewal right through December 31, 2006) THIS AGREEMENT, made and entered into among Spokane County, a political subdivision of the State of Washington, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane Washington 99260, hereinafter referred to as "COUNTY," 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," and the Spokane County Sheriff, having offices for the transaction of business at 1100 West Mallon Avenue, Spokane, Washington 99260, hereinafter referred to as "SHERIFF," hereinafter individually referred to as a ''Party" and collectively referred to as the "PARTIES." WITNESSETH: WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners has the care of county property and management of county funds and business; and WHEREAS, pursuant to the provisions of chapter 70.48 R.CW, Spokane County has constructed a facility for holding and detaining individuals arrested, charged or serving terms for the commission of certain criminal' offenses, said facility ( "Jail ") located at 1100 West Mallon Avenue, Spokane, Washington; and WHEREAS, pursuant to the provisions of RCW 70.48.090, contracts may be entered into between counties and cities for Jail services; and WHEREAS, the City of Spokane Valley is desirous of entering into an Agreement with Spokane County and the Spokane County Sheriff with regard to housing its prisoners. NOW THEREFORE for and in consideration of the mutual promises set forth hereinafter, the PARTIES do mutually agree as follows: Page 1 of 12 SECTION NO. 1: P URPOSE The purpose of this Agreement is to set out COUNTY and SHERIFF'S responsibi.lities in conjunction with providing Jail services for CITY prisoners as well as CITY'S responsibility for compensation of such Jail services. SECTION NO. 2: SCOPE OF SERVICES (1) Page 2 of 12 Definition of "City prisoner." "City prisoner" means a person booked into the Jail when a CITY charge is the principal basis for booking the person as set forth in Section No. 4 of this Agreement. (2) Definition of "Jail." "Jail" means that facility located at 1100 West Mallon Avenue, the adult detention building, the third floor of the County -City Public Safety Building and the holding cells located at the Valley Precinct, 12710 East Sprague, Spokane Valley, Washington 99206. (3) Definition of "Booking." "Booking," means the completion of the process of entering all associated information into the Jail Management System in the creation of a Jail stay. (4) Acceptance/Incarceration of City Prisoners: (a) COUNTY and SHERIFF shall accept CITY prisoners for incarceration in the Jail in the same manner as COUNTY prisoners and in accordance with then current "Jail Booking Policy for Crowded Conditions" ( "Jail Policy "). CITY realizes that there may be occasions when certain CITY prisoners may not be accepted due to emergent conditions or the criteria set forth in the Jail Policy. (b) Incarceration, care and feeding of CITY prisoners by COUNTY and SHERIFF shall be in the same mariner as COUNTY prisoners and in accordance with then current published policies governing the Jail. If an emergency exists or the Jail population becomes too large to be handled in the Jail, any or all of CITY prisoners may be released, transferred or temporarily held at another appropriate facility pursuant to applicable Jail Policies and state and local laws and regulations. (c) In instances where CITY chooses to house its prisoners in another incarceration facility outside of Spokane County, SHERIFF agrees to accept such prisoners for booking into the Jail consistent with the Jail Policy. (5) Jail Operation. SHERIFF is responsible for the actual operation and maintenance of the Jail and shall have charge of all persons confined therein. (6) Court Appearances. COUNTY and SHERIFF shall make CITY prisoners available for and transport them to Municipal Court video first appearances and court appearances at the Public Safety Building as required. (7) ( ( Bail. Any bail received subsequent to the closure of Municipal Court shall be receipted to the Jail and made available to CITY. Delivery and Notification. C1TY shall be responsible for the delivery of male and female CITY prisoners to the custody of SHERIFF at the Jail. No person who appears to be sick or injured will be booked at the Jail until he/she has received proper medical attention. Booking Procedure. COUNTY shall book C1TY prisoners in accordance with Jail policies and procedures. Personal property of CITY prisoners will be handled in the same manner as other Jail prisoners. (10) Medical Treatment. COUNTY will provide and furnish for CITY prisoners confined in the Jail with minor medical care, attention, and treatment that is administered within the Jail. COUNTY will arrange for any outside medical treatment as needed for CITY prisoners. (11) Sentence and Release Documents. The Municipal Court will provide the Jail with sentencing and release documents in a manner acceptable to the Jail. SECTION NO. 3 TERM AND TERMINATION This Agreement shall commence on April 1, 2003, at 12:01 A.M. and terminate on December 31, 2004 at 12:00 P.M. This Agreement may be renewed for an additional two (2) year time frame by mutual agreement of all PARTIES. Any such renewal shall be subject to all terms and conditions set forth herein as well as an additional condition, at the sole option of COUNTY, providing for a penalty 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. As provided for in RCW 70.48.090, this Agreement may not be terminated by the PARTIES prior to the end of the initial term or renewal term, unless the terminating Party, which can only be CITY or COUNTY, gives the other PARTIES at least ninety (90) days advance written notice of its intent to terminate this Agreement prior to January I of any calendar year. SECTION NO. 4 COMPENSATION (1) Except as otherwise provided, CITY shall be responsible for the booking fees and detentions costs when a CITY charge is the principal basis for booking a person where one or more of the following applies, whether pre-trial or post -trial: Page 3of12 (a) The person is booked for violation of a CITY ordinance; or (b) The person is booked for violation of a misdemeanor or gross misdemeanor committed within CITY; or (c) The person is booked for a warrant relating to (a) and (b) above. A CITY charge is not the principal basis for confining a person where: (3) Page 4 of 12 (a) The person is booked exclusively or in combination with other charges by reason of a felony charge (including 72 -hour hold). Provided, after the felony charge is released, CITY shall be responsible for booking fees and detention costs as they relate to pending CITY charges; or (b) The person is booked exclusively or in combination with other charges by reason of a felony charge that has been reduced to a misdemeanor or gross misdemeanor; or (c) The person is a federal prisoner who can be removed by a federal agency without regard to CITY charges. Provided, this provision does not apply when the federal booking is an administrative hold pending release of CITY charges. (2) On multiple charges, it is the intent of the PAR.1Ik S, that CITY shall pay only those booking fees and detention costs directly attributable to the booking and detention of misdemeanor or gross misdemeanor charges originating from CITY'S jurisdiction. By way of example, prisoners held or processed on multiple charges shall be billed as follows: (a) Prisoner held or processed on both felony and city misdemeanor or gross misdemeanor charges. (i) Concurrent bookings/detention. No charge, the more serious felony offense will control. (ii) Consecutive bookings/detention. Upon release of the felony offense the billing for CITY charges will commence. (b) CITY misdemeanors or gross misdemeanor charges and COUNTY or another City's misdemeanors or gross misdemeanor charges. (i) Concurrent bookings /detention. (a) Arresting agency will be initially billed when charges are at same level. (b) CITY will be billed if during transport for another City /County in transit booking, a CITY charge(s) is found and causes the individual to be booked and removed from in transit until released on CITY charge(s). Detention Costs. Detention costs shall be based on each detention hour a CITY prisoner is detained in the Jail. The term "detention hour" shall mean the sixty (60) minute period, or any fraction thereof, that a person is held in the Jail and shall commence at the time of actual booking as shown on the computer; except, if the person is released within one -half (1/2) hour, no detention charge shall be incurred. For the purpose of this paragraph, detention hours, to include any fraction thereof, shall be based upon half hour increments, rounding to the nearest hour. For example: 29 minutes No charge 30 minutes to 1 hour 29 minutes charged 1 hour 1 hour'30 minutes .. charged 2 hours 2 hours 30 minutes charged 3 hours 3 hours 30 minutes charged 4 hours 4 hours 30 minutes charged 5 hours 5 hours 30 minutes charged 6 hours PARTIES recognize that from time -to -time there may be exceptions to the manner of computing the detention hour(s) as provided for herein. In such instances, PARTIES agree to negotiate in good faith on an appropriate manner of computing the detention hours. (4) Medical Costs. (5) Page 5 of 12 (a) CITY shall pay for any and all medical costs incurred by a person who is in need of medical services at the time of his/her arrest by a CITY officer, and prior to his/her being booked into the Jail. COUNTY, in instances where a medical service provider improperly bills COUNTY for such medical services, will forward the billing(s) to CITY for payment. (b) After booking into the Jail, COUNTY shall pay for any and all medical costs incurred by a CITY prisoner. Calculation of CITY'S Cost for Bookine Detention and Other Related Costs. COUNTY uses an outside indeperident cost allocation plan preparer in development of daily housing rates and booking fee cost calculations for the Jail. Based on a study of 2000 actual costs, those rates for the 2003 calendar year are: Booking .... $79.86 Detention ...$2.42 per hour Neither of these rates includes any direct or indirect costs associated with the operation and maintenance of the holding cells at the Valley Precinct as they presently exist or as they may Page 6 of 12 be hereinafter expanded. The PARTIES agree to review such costs on or before August 1, 2003 for the remainder of. 2003 and on or before January 1st for each subsequent year this Agreement is in effect. CITY agrees, at the sole option of the COUNTY, to meet before September 1, 2003 and renegotiate either the booking fee or detention fee so that the CITY, along with all other users, assumes its proportionate share of all direct and indirect costs associated with the operation and maintenance of the holding cells at the Valley Precinct for the remainder of 2003. Such fees would be in addition to the fees established by the outside independent cost allocation plan preparer for the jail facility located at 1100 West Mallon Avenue and the adult detention building located on the third floor of the County-City Public Safety Building. CI fY further agrees that the COUNTY, at its sole option, may increase either the booking fee or detention fee for calendar year. 2004 and subsequent years this Agreement is in effect so that CITY, along with all other users, assumes its proportionate share of all direct and indirect costs associated with the operation and maintenance of the holding cells at the Valley Precinct. COUNTY shall notify CITY by August 1 of each year of the budget impact of the actual costs for the prior year. If the cost allocation is not available by August 1 of any year, COUNTY will provide an estimate cost allocation. COUNTY shall provide CITY with a written copy of its backup material for the proposed costs. The refund or balance due shall be reflected in the booking and detention costs, as appropriate, in the following year's costs beginning with the following year's January billing. SECTION NO. 5: .PAYMENT CITY shall be billed by COUNTY via certified mail on a monthly basis on or before the 30 day of each month for the preceding month. Payment shall be made within thirty (30) days of receipt of COUNTY'S application for payment, regardless of any dispute. 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. The billing shall provide sufficient information for CITY to verify the billed costs including, but not limited to, CITY prisoner by name, stay number, date/time in, date/time out, whether or not booking fee charged, and charge(s) for which booked. If CITY disputes all or a portion of a billing, CITY shall provide COUNTY with written notice of the disputed item. If CITY and COUNTY stab are unable to resolve the dispute, the matter shall be referred to COUNTY Administrator and CITY Manager, or their designees for negotiation. The PARTIES shall endeavor to meet and work cooperatively to resolve any disputes in a prompt and courteous manner. In the event a dispute results in a credit to CITY, the credit may be applied to the subsequent month's billing or the last billing of the year, or at the discretion of COUNTY, a check may be issued to CITY for the specified amount. SECTION NO. 6: FINANCING S1-{ERIFF and COUNTY shall consult CITY in advance of any capital improvement and the maintenance expenditure in excess of $100,000.00. COUNTY shall annually inform CITY by August 1St of its projected costs for the next fiscal year as a part of the regular budgetary process. Each Party shall be responsible for the financing of its contractual obligations under its normal budgetary process. SECTION NO. 7: ADMINISTRATION No new or separate legal or administrative entity is created to administer the provisions of this Agreement. SECTION NO. 8: PROPERTY UPON TERMINATION Title to all property acquired by the PARTIES in the performance of this Agreement shall remain with the acquiring Party upon termination of this Agreement.. SECTION NO. 9: RECORDS COUNTY shall keep a detailed and accurate record of all Jail and detention costs. COUNTY'S duly authorized representative upon request shall make the records available for review, copying and audit during regular COUNTY business hours to CITY'S duly authorized representative. SECTION NO. 10: MODIFICATIONS DUE TO LEGISLATION OR COURT HOLDING In the event that federal or state legislation is passed affecting this Agreement, or in the event a decision of any court is entered affecting this Agreement, the PARTIES shall meet and mutually amend this Agreement to comply with such laws and/or court holding. SECTION NO. 11: LIA13ILI T Y Nothing in this Agreement is intended to, or shall be deemed to, constitute a partnership or joint venture among the PARTIES. CITY shall indemnify and hold harmless COUNTY /SHFR1.FF and their respective 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 including but not limited to arresting, detaining, charging, prosecuting, or transporting persons before booking by the Jail or thereafter while the persons are in the custody of CITY outside the Jail. In the event that any suit based upon such claim, action, loss, or damages is brought against COUNTY /SHERIFF, CITY shall defend the same at its sole cost and expense; provided that COUNTY /SHERIFF reserve the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said Page 7 of 12 suit be rendered against COUNTY /SHERIFF, and its officers, agents, and employees, or any of them, or jointly against COUNTY/SHERIFF and CITY and their respective officers, agents, and employees, CITY shall satisfy the same. COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of COUNTY /SHERIFF, their officers, agents and employees, or any of them relating to or arising out of performing services pursuant to this Agreement including but not limited to booking CITY prisoners, furnishing all Jail and health services, and injuries which may occur while incarcerated in the Jail. In the event that any suit based upon such claim, action, loss, or damages is brought against CITY, COUNTY/SHERIFF 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 /SHERIFF and their respective officers, agents, and employees, COUNTY shall satisfy the sarne. Where an officer or employee of a Party is acting under the direction and control of another Party, that other Party shall accept all liability for the officer or employee's negligence. Each Party waives immunity under RCW Title 51. The PARTIES have specifically negotiated this provision. SECTION NO. 12: NOTICES All notices or other communications given hereunder shall be deemed given on: (i) the day such notices or other conununications are received when sent by personal delivery; or (ii) the third day following the day on which the same have been mailed by first class delivery, postage prepaid, addressed to COUNTY and at the address set forth below for such Party, or at such other address as COUNTY shall from tune -to -time designate by notice in writing to the other PARTIES. COUNTY: Spokane County Chief Executive Officer or his/her authorized representative 1116 West Broadway Avenue Spokane, Washington 99260 CITY: Page 8of12 City of Spokane Valley City Manager or his /her authorized representative Redwood Plaza 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 SHERIFF: Captain /Dick Collins, Jail Commander Spokane County Jail 1100 West Mallon Spokane, Washington 99260 SECTION NO. 13: AGREEMENT TO BE FILED CITY shall file this Agreement with its City Clerk. COUNTY shall file this Agreement with the County Auditor. SECTION NO. 14: COMPLIANCE WITH LAWS The PARTIES shall observe all applicable federal, state and local laws, ordinances and regulations in conjunction with meeting their respective obligations under the terms of this Agreement. SECTION NO. 15: VENUE STIPULATION The laws of thc State of Washington shall be applicable to the construction and enforcement of this Agreement. Any action at law, suit in equity or judicial proceeding regarding this Agreement shall be instituted only in courts of competent jurisdiction within Spokane County, \Vashington. SECTION NO. 16: 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 Agreement. SECTION NO. 17: MODIFICATION No modification or amendment of this Agreement shall be valid until the same is reduced to writing and executed with the same formalities as this present Agreement. SECTION NO. 18: ASSIGNMENTS This assignment is binding on the PARTIES and their heirs, successors, and assigns. No Party shall assign, transfer, or subcontract its interest, in whole or in part, without first obtaining the written consent of the other PARTIES. SECTION NO. 19: WAIVER No officer, employee, agent or otherwise of any Party has thc power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. All remedies afforded in this Agreement or at law shall be taken and construed as cumulative, that is, in addition to every other remedy provided herein or by law. Page 9 of 12 SECTION NO. 20: ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the PARTIES. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind the PARTIES. The PARTIES have read and understand all of this Agreement, and now state that no representation, .promise or agreement not expressed in this Agreement has been made to induce any of them to execute it. SECTION NO. 21: HEADINGS The section headings 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. 22: S In the event any portion of this Agreement should become invalid, or otherwise unenforceable, the rest of this Agreement shall remain in full force and effect. SECTION NO. 23: INSURANCE During the term of the Agreement, COUNTY and SHERIFF shall maintain in force at their sole expense, each insurance noted below: There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days written notice from COUNTY and SHERIFF or their Page 10 of 12 1. Worker's Compensation Insurance in compliance with. RCW 51.12.020, which requires subject employers to provide workers' compensation coverage for all their subject workers and Employer's Liability Insurance in the amount of $5,000,000; 2. General Liability Insurance on an occurrence basis, with a combined single limit of not less than $10,000,000 each occurrence for bodily injury and property damage. It shall include contractual liability coverage for the indemnity provided under this Agreement; 3. Automobile Liability Insurance with a combined single limit, or the equivalent of not less than $5,000,000 each accident for bodily injury and property damage, including coverage for owned, hired and non -owned vehicles; and 4. Professional Liability Insurance with a combined single limit of not less than $5,000,000 each claim, incident or occurrence. This is to cover damages caused by the error, omission, or negligent acts related to the professional services to be provided under this Agreement. The coverage must remain in effect for at least two years after the Agreement is completed. insurer(s) to CITY. As evidence of the insurance coverages required by this Agreement, COUNTY shall furnish, upon request, written. evidence of acceptable insurance to CITY at the time it returns the signed Agreement. If requested, complete copies of insurance policies shall be provided to CITY. COUNTY shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self- insurance. SECTION NO. 24: NON- D1SCR1MV INATTON No individual shall be excluded from participation in, denied the benefit of, subjected to discrimination under, or denied employment in the administration of or in connection with this Agreement because of race, color, creed, marital status, familial status, religion, sex, sexual orientation, national origin, Vietnam era or disabled veteran's status, age, or disability. COUNTY and SHERIFF shall comply with all applicable federal, state and local nondiscrimination laws regulations and policies. SECTION NO. 25: NON EXCLUSIVE This Agreement shall be non - exclusive and CITY reserves the right at any time to use other Jail facilities for the confinement of CITY prisoners. SECTION NO. 26: ASSURANCE COUNTY and SHERIFF represent and assure CITY that no other city and town has or will receive more favored treatment under a contract with COUNTY or SHERIFF in the care and treatment of its prisoners or in charges assessed, than that provided under this Agreement for CITY prisoners and the charges made to CITY under this Agreement. 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, WASHING TON Attest: VICKY M. DALTON Clerk of the Board By: DANIELA ERICK.SON M. KATE MCCASLIN, Vice -Chair Deputy Clerk Approved as to form: PHILLIP D. HARRIS Chief Civil Deputy Prosecuting Attorney Page llof12 JOHN ROSKELLEY, Chair DATED): Attest: City Clerk (Title) Approved as to Form: Acting City Attorney DATED: H :IVnlley City\Drrfl ContractsUaiRjail interlocal Valley 030303- final.doc Page 12 of 12 CITY OF SPOKANE VALLEY: By: Its: SPOKANE COUNTY SHERIFF: By: Title: Return to: INTERLOCA.Y. AGREEMENT BETWEEN SPOKANE COU l: Y AND THE CITY OF SPOKANE VALLEY RELATING TO PROCESSING OF BUILDING AND CONSTRUCTION PERMIT APPLICATIONS • TTTTS 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 West Broadway, 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 Redwood Plaza, 11707 East Sprague, Avenue, Suite 106, Spokane Valley, Washington 99206, hereinafter referred to as "CITY," jointly hereinafter referred to as the "PA.RT1BS." Page 1 of 6 Daniela Erickson Clerk of the Board 1116 West Broadway Spokane, Washington 99260 WITNESSETH Spokane Valley Agreement Contract No. CO3 -20 Approved: WITEREAS, pursuant to the provisions of RCW 36.3.2.120(6), the board of County Comm.ission.ets has the care of County property and the management of County funds and business; and WHEREAS pursuant to the provisions of chapter 39.34 R.CW, two or more public entities may jointly cooperate between each other to perform functions which each' may individually perform; and WHEREAS, pursuant to the provisions of RCW 35.02.225, a newly incorporated city may contract with a county to provide essential services; and WHEREAS, the City of Spokane Valley has established its official date of incorporation as of 12:01 A.M. on April 1; and WHEREAS, all local governmental authority and jurisdiction with respect to the newly incorporated area transfers from Spokane County to the City of Spokane Valley upon the official date of incorporation; and W1 EREAS, pursuant to chapter 19.27 RCW and chapter 19.27A RCW, there shall be in effect in all counties and cities of the State a state building code consisting of, for the purposes of this Agreement, unless otherwise mutually agreed to, the Uniform Building Code and related standards as codified in WAC Chapter 51-40; the Uniform Mechanical Code 'as codified in WAC Chapter 51 -44, both published by the International Conference of Building Officials; the Unifoirn Plumbing Code as published by the International Association of Plumbing and Mechanical Officials as codified in WAC Chapter 51-46 and WAC Chapter 51 -47; the Uniform Fire Code and related standards published by the International Fire Code Institute as codified in WA.0 Chapter 51 -44 and WAC Chapter 51 -45; the Washington State Energy Code as codified in WAC Chapter 51 -11; and the Ventilation and Indoor Air Quality Code as codified in WAC Chapter 51 -13, all as adopted by Spokane County with amendments thereto in Chapter 3 of the Spokane County Code; and WHEREAS, pursuant to chapter 19.27 RCW, the state building code shall be enforced by the counties and cities; and WHEREAS, Spokane County and the City•of Spokane Valley agree that having County staff finish processing various building and related construction applications /permits, which were filed with Spokane County prior to the official date of incorporation of Spokane Valley, on behalf of the City will assist in an orderly transfer of authority and jurisdiction. • NOW THEREFORE for and 'in consideration of the mutual promises set forth hereinafter, the PARTIES do mutually agree as follows: SECTION 'NO.1:. PREINCORPORATION PERMIT APPLICATIONS FILED win' SPOKANE COUNTY 1,.1 Except as otherwise provided for herein, COUNTY shall continue to review on behalf of CITY all vested. building and construction applications /permits filed with the COUNTY before the official date'of.incorporation which involve property within CITY. For the purpose of.this Agreement the official date of incorporation shall be 12:01 A.M. on April. 1, 2003. Review by COUNTY shall' occur in accordance with the •regulations under which the applications /permits are vested or to which they are otherwise subject. Review contemplates coordination with COUNTY not CiTY departments for compliance with applicable land use controls and other regulations. Any decision as to whether . and/or when an application vested shall be made by COUNTY. 1.2. COUNTY. review of building and construction related ' applications/permits, which include but are not limited to building permits, plumbing and mechanical permits, fire • systems /fire sprinkler permits, and grading and clearing permits, shall include decisions to approve, condition or deny applications; follow -up inspections; issuance of extensions or completion of extensions; and issuance of ancillary permits, such as grading, fire, plumbing and mechanical permits, which are essential for completion of each original project permit. The term • "approve" shall include issuance of permits for any vested applications. Appeals of building related permit decisions, if any, will be processed in accordance with section 3.02.020 of the Spokane County Code, with the designated City of Spokane Valley administrative staff serving in lieu of the city Building Official as that terminology is used in that section.' Page 2 of 6 • 1.3 COUNTY will prepare and send the CITY a list of all building and construction applications /permits pending within the CITY as of the official date of incorporation. Subsequent updated lists will be sent to the CITY on a regular or on request basis as mutually agreed to. SECTION NO. 2: PERMIT CONDITION AND CODE COMPLIANCE 2.1 Enforcement of Permit Conditions. The COUNTY is authorized, on behalf of the City, to enforce conditions of approval as provided for in Section 109.3 of the 1997 Uniform Building Code published by the international Conference of Building Officials for those building and other permits that the COUNTY processes pursuant to this .Agreement. Such enforcement authority shall not include initiation of court enforcement actions whether civil or criminal. Initiation of such actions shall be the sole responsibility of the CITY. 2.2 Enforcement of Code :Requirements. Within a reasonable period following the effective date of this Agreement, the COUNTY shall provide the CITY with a list and brief explanation of all building/construction code compliance matters occurring within the CITY'S boundaries and under review by the COUNTY as of the official date of incorporation. All such compliance actions not subject to a vested application/permit as described herein shall become the responsibility of the CITY as of the date of incorporation. SECTION NO. 3: DUi2ATION 3.1 This Agreement shall become effective upon the CITY'S official date of incorporation and shall continue until the COUNTY determines processing of those building and construction applications /permits for which the COUNTY has accepted fees has been completed. The terminology "processing" shall include code compliance as set forth in SECTION NO.2 herein above unless otherwise mutually agreed to in writing by the PARTIES. Building • and construction applications/permits subsequent to the official date of incorporation shall be the sole responsibility of the CITY. Upon request, and within a reasonable time, the COUNTY agrees to make any records available to the CITY that the COUNTY has maintained under the terms of this Agreement. SECTION NO. 4: APPLICATION PROCESS 4.1 COUNTY and CITY will each prepare and have available for applicants and other interested parties a document describing the handling of applications based on this Agreement. Page 3 of 6 SECTION NO. 5: INDEMNIFICATION 5.1. 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. 5.2 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. 5.3 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 loss 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. BECTON NO. 6: PERSONNEL 6.1 Control of personnel assigned by COUNTY to process applications/permits under this A.greement shall remain with COUNTY. Standards of performance, discipline and all other aspects of performance shall be governed by COUNTY. - SECTION NO. 7: ADMINISTRATION 7.1 This Agreement shall be administered by the Spokane County Building & Code Enforcement Director or his/her authorized designee, and the City Manager, or his/her authorized designee. SECTION NO. 8: AtNDM ;kN T S 8.1 This Agreement is the complete expression of the terms hereto and any oral representation or understanding not incorporated herein are excluded. Any modifications to this Agreement shall be in writing and signed by both PA.R'ITTES. SECTION NO. 9: THIRD-PARTY BENEFICIAR..I:ES 9.1 This Agreement is made and entered into for the sole protection and benefit of the PARTIES hereto. No other person or entity shall have any right of action or interest in this . Agreement based upon any provision set forth herein. Page 4 of 6 SECTION NO. 10: VENUE 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. SECTION NO. 11: ASSIGNMENT Each Party to this Agreement binds itself, its successors and assigns of each other party with respect to all covenants of this Agreement. Neither party may assign, or transfer in whole �r in part its interest in this Agreement without the express written consent of the other party. SECTION NO. 12: SEVERA.BIL.ITY No change, addition or.erasure of any printed portion of this Agreement shall be valid or binding upon the other Party. There shall be no modification of this Agreement, except in writing executed with the same formalities as this present instrument, SECTION NO. 13: 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. 14: ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the PAR'l'TES. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the PARTIES. Both PARTIES have read and understand the whole of the above Agreement and now state that no representations, promises or agreements not expressed in this Agreement have been made to induce either to execute the same. SECTION NO. 15: OWNERSHIP OF VEHICLES AND MATERIALS All vehicles and/or materials owned or purchased by COUNTY for the purpose of reviewing, processing, and/or enforcing building and construction applications /permits pursuant to this Agreement, either from COUNTY moneys or moneys derived pursuant to this Agreement, shall remain the sole property of COUNTY. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. Page 5 of 6 4.7 BOARD OF COUNTY COMMISSIONERS DATE: OF SPOKANE. COUNTY, WASHINGTON A.T.1 .e. ST VICKY M. DALTON CLERK OF THE .BOARD BY: DATE: CITY OF SPOKANE VALLEY: 1 T: BY: - Daniela Erickson. Deputy CITY CLERK Approved as to form only: JOHN ROSICELLEY. Chair P.HILLR T - HARRIS, Vice-Chair M. KATE MCCASLIN BY: Its: Acting City Attorney H;1Val Icy City%Draft CanLru;is\Buildiig & Cade\B&C wested arEps latcrlocal Valley 021303-draft 3.d� Page 6 of 6 Spokane Valley Agreement Contract No. CO3 -24 Approved: MASTER AGREEMENT FOR ROADWAY MAINTENANCE GM - 01399 STATE MAINTENANCE OF CITY OF SPOKANE VALLEY OWNED ROADWAY ON STATE ROUTE 27 (PINES) AND STATE ROUTE 290 (TRENT) This AGREEMNT made and entered into this day of , 2003 is by and between the STATE OF WASHINGTON, Department of Transportation, acting through the Secretary of Transportation, hereinafter called the "STATE ", and the City of Sp okane Valley, Spokane County, Washington hereinafter called the "LOCAL AGENCY "; acting through the Interim Public Works Director of the LOCAL AGENCY, hereinafter called the "CHIEF EXECUTIVE" WHEREAS, the LOCAL AGENCY owns certain Roadways including SR-27 and SR -290 within the corporate limits of the City as a result of Incorporation within Spokane County, and the LOCAL AGENCY must assume certain 'maintenance and operational responsibilities by virtue of RCW 47.24.010 and .RCW 47.24.020, and WHEREAS, it would be to the mutual benefit of the STATE and the LOCAL AGENCY for the STATE to perform the operation and maintenance of certain Roadways to the extent set forth in this AGREEMENT, and to establish, in writing, each party's responsibility. NOW THEREFORE, by virtue ofRCW 47.28.140 and in consideration of the terms, conditions, covenants, and performance contained herein or attached and made part of, IT IS MUTUALLY AGREED AS FOLLOWS: I GENERAL The STATE agrees to perform certain roadway maintenance and operation activities for the LOCAL AGENCY at the expense of the LOCAL AGENCY as outlined in Exhibit "A" Estimate of Cost attached hereto and by this reference made part of this AGREEMENT. 1 Get 01399 The LOCAL AGENCY and STATE will meet as necessary / a minimum annually to review coordination issues, system changes, and maintenance and operations issues for the LOCAL AGENCY owned roadways. The LOCAL AGENCY retains ownership of said roadways. As such, the STATE will coordinate review of modifications with the LOCAL AGENCY prior to implementation. The exception is where extraordinary circumstances require the STATE to take immediate remedial action. In the event a condition exists resulting from storm damage, third party damage, or other reasons, the STATE may of their own volition, remove any obvious and immediate traffic hazards before notification to the LOCAL AGENCY. The STATE is responsible for implementing and maintaining necessary traffic from the point at which the condition is identified until the roadway is restored to it's previous functional state. 11 STATE RESPONSIBILITY As to the Roadways identified in Exhibit "A," the STATE shall be responsible to perform the following tasks: A. Original paving plans and all revisions thereto, as determined by the STATE, shall be reviewed by the LOCAL AGENCY'S Public Works Director before the plan and/or any revisions are implemented. As defined in RCW 47.24, the STATE shall continue to pave SR -27 and SR -290. B. Provide routine maintenance and operation which shall involve the performance of the following activities: 1. Sweeping Pavement and dust control measures. 2. Cleaning Catch Basins and Drains. 3. Litter Pick Up and Noxious Weed Control. 4. Snow Plowing, Sanding, and Liquid Chemical Deicing. 5. Winter Sand Cleanup, Including Cleaning Sidewalks. 6. Painting Crosswalks, Stop Bars, and Striping. 7. Sign Maintenance. 2 GM 01399 C. Emergency M.ai.ntenance D. Replacement or repair caused by accidents, vandalism, adverse weather or unanticipated forces or actions. 1. The STATE agrees to perform replacement or repair of the SR -27 or SR -290 roadway components at LOCAL AGENCY expense if the damage was caused by accidents, vandalism, adverse weather or unanticipated forces or actions. The STATE shall notify the LOCAL AGENCY within 24 hours of the replacement or repair work as to any relevant information the STATE may possess if the damage was caused by a third party. E. Standards The STATE agrees to perfonn emergency maintenance on SR -27 or SR -290 roadway components at LOCAL AGENCY expense if the damage was caused by accidents, vandalism, adverse weather or unanticipated forces or actions. The STATE shall notify the LOCAL AGENCY within 24 hours of the replacement or repair work as to any relevant information the STATE may possess if the damage was caused by a third party 1. Work to be performed by the STATE will be consistent with current STATE practices concerning the operation and maintenance standards consistent with M 50101. Maintenance Manual. 1[11 LOCAL AGENCY RESPONSIBILITY The LOCAL AGENCY'S responsibilities regarding the designated roadway identified in Exhibit "A" shall include providing maintenance, operation, repair and replacement activities that are not covered in Section II, State Responsibility. IV PAYMENT AND ASSOCIATED COST The estimated cost of routine maintenance and operation in (the current year) is as detailed in Exhibit "A" attached hereto and by reference made part of this AGREEMENT. The LOCAL AGENCY 3 GM 01399 agrees to set aside funds for payment to the STATE for such work in this amount. It is anticipated that actual costs will rise in subsequent years as materials, wages and other costs increase. The LOCAL AGENCY further agrees to reimburse the STATE for the actual direct and related indirect costs of work covered by this AGREEMENT including additional work for emergency maintenance and additional work performed at the request of the LOCAL AGENCY. Payments shall be Trade upon presentation of progress billings by the STATE, and within thirty (30) days after the LOCAL AGENCY has received each billing The LOCAL AGENCY agrees that if payment for the work is not made within forty -five (45) days after the LOCAL AGENCY has been billed for the work, the STATE may withhold any monies which the LOCAL AGENCY is entitled to receive from the :Motor Vehicle Fund and apply the withheld monies to the amount billed by the STATE until satisfied. During the progress of any and all work assigned to the STATE, and for a period of not less than three years from the date of payment to the STATE for that work the records and accounts pertaining to said work and accounting thereof are to be kept available for inspection and audit by the LOCAL AGENCY. Copies of all records, accounts, documents, or other data pertaining to the project will be furnished upon request to the LOCAL AGENCY. If any litigation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained until all litigation, claim or audit funding has been resolved even though such litigation, claim or audit continues past the three year retention period. In the event that it is determined that an overpayment has been made to the STATE by the LOCAL AGENCY, the LOCAL AGENCY will bill the STATE for the amount of overpayment. V RIGHT OF ENTRY The LOCAL AGENCY grants the STATE access to LOCAL AGENCY right of way for the purpose of performing operation, maintenance, repair or replacement of the roadway elements along the roadways designated in Exhibit "A" and any systems that are added to this highway in the duration of this AGREEMENT. 4 GM 01399 DTI TERM OF AGREEMENT The term of this AGREEMENT shall be for up to one year, beginning on the date first entered above, and ending on December 31 of that year. This AGREEMENT shall automatically be renewed on a calendar year basis unless written notice of termination is given by either party by the preceding November 1 of any such year. Failure of either party to notify the other of such termination on or before November 1 o.f any such year shall cause this AGREEMENT to automatically be renewed for the next ensuing calendar year. Either the STATE; or. the LOC AL AGENCY may terminate this AGREEMENT for any reason with written notice to the other party at the end of a sixty (60) calendar days following receipt of notice. Termination of this AGREEMENT shall constitute termination of all associated roadway assignment documents as well. Upon such notice, the STATE shall have no further responsibility of any kind or nature regarding the LOCAL AGENCY'S roadways, including any features that were added to this AGREEMENT by amendment. VII LEGAL RELATIONS Each of the PARTIES to this AGREEMENT shall protect, defend, indemnify, and save harmless to the other PARTY, it officers officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims, judgment, and /or awards of darnages, arising out of or in any way resulting from, each of the PARTY'S negligent acts or omissions. No PARTY will be required to indemnify, defend, save harmless the other PARTY if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the other PARTY. Where such claims, suits, or sections result from concurrent negligence of the PARTIES, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the PARTY'S own negligence. :Each of. the PARTIES agrees that its obligations under this subparagraph extent to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each of the other PARTIES, by mutual negotiation, hereby waives, with respect to each of the other PARTY only any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event that any of the PARTIES or combination of the PARTIES incurs any judgment, award and/or cost arising thereform, including attorneys' fees to enforce the provisions of this Section, all such fees expenses and costs shall be recoverable from the responsible PARTY or combination of the PARTIES to the extent of that PARTY'S /those PARTIES' culpability. This indemnification shall survive the termination of this AGREEMENT. 5 GM 01399 In the event that any party deems it necessary to instituute legal action or proceedings to enforce any right or obligation undr this AGREEMENT, the PARTIES hereto agree that any such action or proceedings shall be brouught in a coourt of competent jurisdiction situated in Thurston County, Washington. Ali claims brought which arise out of, in connection with, on incident to the execution of this AGREEMENT will be forwarded to the LOCAL AGENCY for initial processing. Any such claims believed to be caused by the concurrent or sole negligence of the STATE will be formally tendered to the General Administration /Office of Risk Management for processing pursuant to RCW 4.92.100. YN WITNESSWEIEREOF, the parties hereto have executed the AGREEMENT as of this day and year first above written. Approved As To Form: " sistant Atto ey Gen al Date: 3 STATE OF WASHINGTON 6 Approved As To Form: LOCAL AGENCY Attorney Date: CITY OF SPOKANE VALLEY :DEPARTMENT OF TRANSPORTATION (OF SPOKANE CO.) By: By: Assistant Region Administrator for Operations CITY Interim ' City Manager Date: Date: GM 01399 EXHIBIT "A" Estimated Annual Routine Maintenance Cost are estimated as follows: SR 27 -P1NES Sweeping Pavement 2,500 Cleaning Catch Basins/Drains 2,500 Litter Pick Up 500 Noxious Weed Control 500 Snow Plowing, Sanding, Liquid Chemical Deicing 60,000 Winter Sand Cleanup, Includes Cleaning Sidewalks 17,000 Painting Crosswalks, Stop Bars 6,000 Striping 10,000 Sign Maintenance 4,000 Total $103,000 Sweeping Pavement 2,500 Cleaning Catch Basins/Drains 2,500 Litter Pick Up 2,500 Dead Animal Disposal (deer, moose) 2,500 Snow Plowing, Sanding, Liquid Chemical Deicing 50,000 Winter Sand Cleanup, Includes Cleaning Sidewalks 15,000 Sign Maintenance 4,000 Painting Crosswalks, Stop Bars 5,000 Striping 20,000 Total Estimated Grand Total SR 290-TRENT $104,000 $207,000 7 GM 01399 MASTED( AGREEMENT FOR SIGNAL AND _ILLUMINATION MAINTENANCE GM - 01398 STATE MAINTENANCE OF CJTN.' OF SPOKA E VALLEY O`YNNE'D TRAFFIC SIGNALS AND :ILLUMINATION ON STATE ROUTE 27 (PINES) AND STATE ROUTE 290 TRENT) Spokane Valley Agreement Contract Yo. CO3 -25 Approved: This AGREEMENT made and entered into this day of , 2003 is by and between the STATE OF WASHINGTON, Department of Transportation, acting through the Secretary of Transportation, hereinafter called the "STATE ", and the City of Spokane Valley, Spokane County, Washington hereinafter called the "LOCAL AGENCY "; acting through the Interim Public Works Director of the LOCAL AGENCY, hereinafter called the "CHTEIr EXECUTIVE" WHEREAS, the LOCAL AGENCY owns certain traffic signals and illtunination, and WHEREAS, it would be to the mutual benefit of. the STATE and the LOCAL AGENCY for the STATE to perform the operation and maintenance of certain traffic signal systems and illumination systems to the extent set forth in this Agreement, and to establish, in writing, each party's responsibility. NOW THEREFORE, by virtue of _KCW 47.28.140 and in consideration of the terms, conditions, covenants, and performance contained herein or attached and made part of, IT IS MUTUALLY AGREED AS FOLLOWS: I GENERAL The STATE agrees to perform certain activities regarding the maintenance and operation of the designated traffic signal systems and illuminations systems owned by the LOCAL AGENCY as identified in Exhibit "A" attached hereto and by this reference made part of this Agreement_ The LOCAL AGENCY and STATE will meet as necessary / a minimum annually to review coordination issues, system changes, and maintenance and operations issues for the LOCAL AGENCY owned traffic signal and illumination systems. The LOCAL AGENCY retains ownership of said traffic and illumination systems. As such, the STATE will coordinate' review of modifications with the 1 GM - 01398 LOCAL AGENCY prior to implementation. The exception is where extraordinary circumstances require the STATE to take innrn.ediate remedial action. in the event a condition exists resulting from storm damage, third party damage, or other reasons, the STATE may of their own volition, remove any obvious and immediate traffic hazards before notification to the LOCAL AGENCY. The STATE is responsible for implementing and maintaining necessary traffic control from the point at which the condition is identified until the traffic signal system or illumination system is restored to it's previous functional. state. H STATE RESPONSIBI_i1i:TY As to the traffic signal systems and illumination systems identified in Exhibit "A," the STATE shall be responsible to perform the following tasks: A. Original signal phasing and timing plans and all revisions thereto, as determined by the STATE, shall be reviewed by the LOCAL AGENCY'S Public Works Director before the plan and /or any revisions are implemented. B. Provide routine maintenance and operation which shall involve the performance of the following activities: 1. Day to day observation of sigma' timing, to include coordination and adjustments. 2. Removal and replacement of failed component (i.e. load switches, loop amplifiers, conflict monitors, etc.) components inside the control cabinet. These components, installed by the STA'L'E shall. be replaced with LOCAL AGENCY owned component or purchase a new component from the STA'T'E. 3. Replacing signal lamps that burn out. 4. Annual signal head cleaning and re- lamping. 5. Maintaining all associated interconnects. 6. Maintaining accurate maintenance records, as to the time and materials used in completing the various tasks for each location. 7. Routine preventative maintenance to the extent consistent with the STATE'S current preventative maintenance standards. 8. The STATE is responsible for maintenance of LOCAL AGENCY owned intersection illumination. 2 GM - 01398 C. Emergency Maintenance E. Standards 1. The STATE agrees to perform emergency maintenance on said traffic signal systems and illumination systems at LOCAL AGENCY expense. Emergency maintenance includes repair or replacement of traffic signal systems or components and the necessary traffic control for STATE) workers to perform the work. The STATE shall notify the LOCAL AGENCY within 24 hours of the emergency work as to any relevant information the STATE may possess if the damage was caused by a third party. D. Replacement or repair caused by accidents, vandalism, adverse weather or unanticipated forces or actions. 1. The STATE agrees to perform. replacement or repair of the traffic signal system components and illumination system cornpon.ents at LOCAL AGENCY expense if the damage was caused by accidents, vandalism, adverse weather or unanticipated forces or actions. The STATE shall notify the LOCAL AGENCY within 24 hours of the replacement or repair work as to any relevant information the STATE may possess if the damage was caused by a third party. 2. Subject to the exceptions set forth in paragraph C (1) and D (1) above, the STATE) is specifically excluded from performing work to paint, repair or replace signal system and illumination system components except when the LOCAL AGENCY requests the STATE to perform the work at LOCAL AGENCY expense. In that event, the parties will enter into a Signal Assignment For R.epair Or Replacement, as shown in Exhibit "D" attached hereto and by this reference made a part of this Agreement. 1. Work to be performed by the STATE will be consistent with current STATE practices concerning the operation and maintenance of traffic signal systems as set forth as follows: a) Components employed in traffic signal systems, Intelligent Transportation Systems (ITS) or any other electrical installation will conform to requirements of WAC 296 -46A -104 Traffic management systems. b) Work will be performed in accordance with section 2500, 2600 and 2700 (if illumination maintenance is included in the Agreement) of, the current 3 . GM - 01398 Time Standards Manual M54 -05 for maintenance procedures for traffic signals, highway lighting and ITS equipment. c) Work performed on these signal systems will be documented in Signal Maintenance Management records LOCAL AGENCY :RESPONSIBILITY The LOCAL AGENCY'S responsibilities regarding the designated traffic signal systems and illumination systems identified in Exhibit "A" shall include the following: A. Provide maintenance, operation, repair and replacement activities that are not covered in Section II, State Responsibility of this Agreement. B. The LOCAL AGENCY is responsible for payment of operational power costs associated with all signals and illumination. C. Request that STATE to perform repair or replacement work of the illumination and signal systems by using the Signal Assignment Foi Repair form as shown in Exhibit "D." iV SIGNAL AND ILLUMINATION ASSIGNMENT OR DELETION This Agreement may be amended to add or delete LOCAL AGENCY traffic signal or illumination systems by way of a Signal Assignment or Deletion document, as shown in Ex.hibit "C" attached hereto and by reference made a part of this Agreement. The supplemental document shall include as a minimum a description of the signal. installation(s) to be added or deleted and the system(s) precise location. The effective date of coverage or deletion shall be defined in the Signal and Illumination Assignment or Deletion document. The Signal Assignment or Deletion form shall be signed on behalf of the STATE by the Regional Administrator or his designee. The LOCAL AGENCY shall review the Signal Assignment or Deletion document and indicate concurrence by authorized signature, and returning one copy of the document with original.signatures to the STATE. 4 GM -01398 A signal may be deleted from this Agreement at the sole discretion of the STATE upon 30 days written notice to the LOCAL AGENCY. . PAYMENT ANI) ASSOCIATED) COST The estimated cost of routine maintenance and operation in (the current year) is as defined in Exhibit "13" attached hereto and by reference made part of this Agreement. The LOCAL AGENCY agrees to set aside funds for payment to the STATE for such work in this amount. It is anticipated that actual costs will rise in subsequent years as materials, wages and other costs increase. The LOCAL AGENCY further agrees to reimburse the STATE for the actual cost of work covered by this Agreement including additional work for emergency maintenance and additional work performed at the request of the LOCAL AGENCY. Payments shall be made upon presentation of progress billings by the STATE, and within thirty (30) days after the LOCAL AGENCY has received each billing The LOCAL AGENCY agrees that if payment for the work is not made within forty -five (45) days after. the LOCAL AGENCY has been billed for the work., the STATE may withhold any monies which the LOCAL AGENCY is entitled to receive from the Motor Vehicle Fund arid apply the withheld monies to the amount billed by the STATE until satisfied. During the progress of any and all work assigned to the STATE, and for a period of not less than three years from the date of payment to the STATE for that work the records and accounts pertaining to said work and accounting therefore are to be kept available for inspection and audit by the LOCAL AGENCY. Copies of all records, accounts, documents, or other data pertaining to the project will be furnished upon request to the LOCAL AGENCY. If litigation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained until all litigation, claim or audit finding has been resolved even though such litigation, claim or audit continues past the three year retention period. In the event that it is determined that an overpayment has been made to the STATE by the LOCAL AGENCY, the LOCAL AGENCY will bill the STATE for the amount of overpayment. 5 GM - 01398 VI RIGHT OF ENTRY The LOCAL AGENCY grants the STATE access to LOCAL AGENCY right of way for the purpose of performing operation, maintenance, repair or replacement of the signal and illumination systems designated in Exhibit "A" and any systems that are added to this Agreement by way of the Signal and Illumination Assignment document Exhibit "C." VII TERM OF AGREEMENT The term of this AGREEMENT shall be for up to one year, beginning on the date first entered above, and ending on December 31 of that year. This agreement shall automatically be renewed on a calendar year basis unless written notice of termination is given by either party by the preceding November. 1 of any such year. Failure of either party to notify the other of such termination on or before November 1 of any such year shall cause this Agreement to automatically be renewed for the next.ensuing calendar year. Either the STATE or the LOCAL AGENCY may terminate this AGREEMENT for any reason with written notice to the other party at the end of a sixty (60) calendar days following receipt of notice. Termination of this Agreement shall constitute termination of all associated signal assignment documents as well. Upon such notice, the STATE shall have no further responsibility of any kind or nature regarding the LOCAL AGENCY'S traffic signals and illumination systems, including any systems that were added to this Agreement by amendment. VIII LEGAL RELATIONS Each of the PARTIE -S to this AGREEMENT shall protect, defend, indemnify, and save harmless to the other :PA IT, it officers officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims, judgment, and/or awards of damages, arising out of, or in any way resulting from, each of the PARTY'S negligent acts or omissions. No PARTY will be required to indemnify, defend, save harmless the other PARTY if the claim, suit, or action for injuries, death, or damages in caused by the sole negligence of the PARTY. Where such claims, suits, or sections result from concurrent negligence of the PARTIES, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the PARTY'S own negligence. 6 OM -01398 Each of the PARTIES agrees that its obligations under this subparagraph extent to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each of the other PARTIES, by mutual negotiation, hereby waives, with respect to each of the other PARTY only any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event that any of the PARTIES or combination of the PARTIES incurs any judgment, award and/or cost arising thereform, including attorneys' fees to enforce the provisions of this Section, all such fees expenses and costs shall be recoverable from the responsible PARTY or combination of the PARTIES to the extent of that PARTY'S /those PARTIES' culpability. This indemnification shall survive the termination of. this AGREEMENT. In the event that any party deems it necessary to instituute legal action or proceedings to enforce any right or obligation undr this AGREEMENT, the PARTIES hereto agree that any such action or proceedings shall. be brouught in a coourt of competent jurisdiction situated in Spokane County, Washington. All claims brought which arise out of, in connection with, on incident to the execution of this Agreement will be forwarded to the LOCAL AGENCY for initial processing. Any such claims believed to be caused by the concurrent or sole negligence of the STATE will be formally tendered to the General Adniinistration/Office of Risk Management for processing pursuant to R.CW 4.92.100. IN wITNI?.SS NW'aIs'.REOF, the parties hereto have executed the AGREEMENT as of this day and year first above written. STATE OF WASIIINGTON CITY OF SPOKANE VALLEY DEPARTiVIENT OF TRANSPORTATION (OF SPOKANE CO.) By: By: REGION Maintenance Engineer CITY Interim City Manager. 7 GM -01398 A List Of Traffic Signals and Roadway Illumination That The STATE Will Be Maintaining and Operating for the LOCAL AGENCY. SIGNAL LOCATIONS 290 @PARK 310WATT 290 @VISTA 310WATT 290 @ARGONNE 310WATT 290 @PINES 310WATT 290 @EVERGREEN 310WATT 27 @MISSION 310WATT 27 @BROADWAY 310WATT 27 @SPRAGUE 310WATT 27 @16TH 310WATT 27 @32ND 310WATT CMITIBIKEE EXHIBIT "A" ILLUMINATION LOCATIONS 1 1 1 1 1 1 1 1 290(u�DICKEY 250 WATT 290(c�DOLLAR 250 WATT 290@BRADLEY 250 WATT 290(a�COLEMAN 250 WATT 290(&LILY 250 WATT 290ABOWMAN 250 WATT 290(&CENTER 250 WATT 290 250 WATT 290( 250 WATT 290 at7 BESSIE 250 WATT 290 250 WATT 290 250 WATT 290 250 WATT 290(c�BOEING 250 WATT 290(@FOWLER 250 WATT 290(p�BUTLER 250 WATT 290WILLIAMS 250 WATT 290(@LOCKWOOD 250 WATT 290(�STEGNER 250 WATT 290(PIT 250 WATT 290(&WOODLAWN 250 WATT 290(McDONALD 250 WATT 290(a�BEST 250 WATT 290ADAMS 250 WATT 290 ( BURNS 250 WATT 290 EAST OF 4 3 5 3 3 4 3 3 3 3 4 2 9 3 3 3 3 3 3 3 3 3 6 3 3 PINES 250 WATT 7 290 250 WATT 3 290 (SULLIVAN 310WATT 10 S GM - 01398 11 4 10 5 2 6 8 16 7 7 290 a( FLORA 310WATT 4 290 @MONTE DEL RAY 310WATT 3 2900BARKER 310WATT 6 2900WELLESLY 310WATT 2 27 NEAR RR TRACKS 310WATT 2 27@ 24th and 28 310WATT 8 Modern Electric Maintained 200 WATT 27@MAXWELL 200 WATT 1 270CATALDO 200 WATT 1 270VALLEYWAY 200 WATT 1 2703RD 200 WATT 1 2707TH 200 WATT 1 27011TH 200 WATT 1 270SINTO 200 WATT 1 27 @N 700 200 WATT 1 27 @N 302 200 WATT 1 2704TH 200 WATT 1 2708TH 200 WATT 1 270.12TH 200 WATT 1 27 @BOONE 200 WATT 1 27@ALKI 200 WATT 1 2701ST 200 WATT 1 27 @S 421 200 WATT 1 2709TH 200 WATT 1 27013TH 200 WATT 1 27 @DESMET 200 WATT 1 27 @OLIVE 200 WATT 1 2702ND 200 WATT 1 2706TH 200 WATT 1 27 @10TH 200 WATT 1 Avista Maintained 270Mansfield 100 WATT 270Marietta 100 WATT 27(a Buckeye 100 WATT 270Grace 100 WATT 27 @North 3204 100 WATT 27 @North 3322 100 WATT 2 1 1 1 1 1 UM - 01398 E.XHTf3IT ".E3" Estimated Annual Routine Maintenance Cost There are 163 luminaires on SR290 and SR27 Annual Estimated Preventative Maintenance Cost - $9,044 Annual Estimated Emergency Maintenance Cost - $9,310 Total - $18,354 Average Annual cost $112,60 per luminaire. There are 10 Signals with 76 luminaires attached on SR290 and SR27 Annual Estimated Preventative Maintenance Cost - $18,538 Annual. Estimated Emergency Maintenance Cost - $8,320 Annual Estimated Signal Operations (timing) Cost - $9,698 Total - $36.556 Average Annual cost $3,655.60 per signal with luminaires attached. There is 1 Flasher with 1 luminaire attached on SR290 at University Annual Estimated Preventative Maintenance Cost - $251 Annual Estimated Emergency Maintenance Cost - $370 Total - $621 Estimated Grand Total for Signal and Illumination Costs - S55,531 Estimate doesn't include power cost which will be billed directly to the Local Agency. 10 CM -01398 k ` IDA I T " SIGNAL AND ILLUMINATION ASSIGNMENT MAINTENANCE (UST) DOCUMENT This list is of signals assigned to STATE for maintenance by the LOCAL AGENCY Assignment Maintenance (List) Document 11 GM - 01398 EXHIBIT "D" Traffic Signal and Illumination assignment For :Repair or Replacement .Document This Signal and Illumination Assignment for Repair or Replacement, made and entered into this day of , 20 by and between the STATE OF WASHINGTON, Department of Transportation, acting through the Secretary of Transportation., by virtue of Title.47 RCW, hereinafter designated as the "STATE ", and the City of Spokane Valley, Spokane County, Washington hereinafter called the "LOCAL AGENCY ". WHEREAS, Master Agreement number GM —1398, entered into between the STATE and the LOCAL AGENCY is incorporated and by this reference, made a part of this Signal and Illumination Assignment for Repair or Replacement as if fully set forth herein. NOW THEREFORE, it is mutually agreed that the following work is to be performed by the STATE at LOCAL AGENCY expense: I. .Description and Location of.L'xisting Facility: 2. Description of Work: 3. Cost(labor and materials): 4. the effective date to start this Signal and Illumination Assignment for Repair or Replacement is IN WHTl'NESS WHEREOF, the parties hereto have executed this Signal and Illumination Assignment for Repair or Replacement as of the day and year first above written. STATE OF WASHINGTON CITY OF SPOKANE VALLEY DEPARTMENT OF TRANSPORTATION (OF SPOKANE CO.) By: By: REGION Maintenance Engineer CITY Tnterim ;City - Manager 12 GM - 01398 Z0021 Memorandum of Understanding Between the City of Spokane Valley and Spokane County WHEREAS the City of Spokane Valley (CITY) has voted to incorporate and is planning to contract with Spokane County (COUNTY) for engineering services_ WEER AS an agreement for services between CITY and COUNTY is being prepared covering services to be contracted, the budget estimates for such services, and rates to be charged to the CITY. This memorandum of understanding will address procedural items. WHEREAS both CITY and COUNTY desire a seamless transition in the responsibility and operations of the transportation system with no loss or reduction in service. THEREFORE, COUNTY and CITY do hereby agree as follows: 1. COUNTY agrees to perform the following responsibilities: a. To provide engineering services in a timely manner. b. To act as the grantee on .a11 existing project grants is within the CITY corporate limits. c. To act as agent for CITY in making day - to-day decisions regarding project issues such as funding, design, utility relocation, right -of -way, plan and specification preparation, and construction inspection. d. To act as liaison for CITY with grant funding agencies including out -of- town meetings. e. To act as the contract agency on all CITY projects that begin construction during year 2003. f. To inform CITY promptly of any changes in project cost estimates. g. To review proposed project utility agreements with the CITY Public Works Director. h. To review proposed Right -of -Way Agreements with the CITY Public Works Director. i. To review project plans with CITY staff at project inception, and at approximately 30 %, 60 %, and 90% completion. j. To meet routinely with CITY staff to discuss non - project affairs. k. Attend CT iY Council meetings during project award approval to explain project and answer questions concerning the project. 1. To review proposed contract change orders with the C1TY Public Works Director. m. To allow CITY access to project files for review purposes. 2. CITY agrees to perform the following responsibilities: a. To promptly review all plans, specifications, and estimates for City street projects prepared by COUNTY. Spokane Valley Agreement Contract No. CO3 -23 Approved: S)NOA OI'and'00'0dS 9Ln L16 605 Xvd 6S :6T COOZ/DT /C0 C b. To act as grantee on all CITY project grants applied for after March 31, 2003. c. To act as contract agency on all CITY projects that begin construction after December 31, 2003. d. To meet routinely with COUNTY staff to discuss project and non- project affairs. • e. To promptly review and approve documents including but not limited to project grant applications, construction contracts, utility agreements, right - of -way agreements, and contract change orders. f. To place project approval items on CITY Council agendas in a timely fashion. SPOKANE COUNTY: By: Date: County Engineer CITY OF SPOKANE 'VALLEY' By Date: Interim City Manager • SMUOM OIlgfld'OO'OdS 9.07L LL6 809 IVd 00 :ST COOV T /C0 Spokane Valley Contract No. CO3 -22 Approved: INTERLOCAL COOPERATION AGREEMENT BETWEEN CITY OF SPOKANE VALLEY AND SPOKANE COUNTY FOR HEARING EXAMINER SERVICES This agreement is between the CITY OF SPOKANE VALLEY, a Washington State municipal corporation, as "Spokane Valley," and SPOKANE COUNTY, a political subdivision of the State of Washington, as "County," jointly referred to hereinafter as the "Parties." WHEREAS, pursuant to RCW 39.34.080, governmental entities may contract with each other to perform any governmental service which each may legally perform; and WHEREAS, Spokane ''alley is newly incorporated and at this time does not have a hearing examiner to conduct quasi-judicial hearings on land use and other matters involving the City of Spokane Valley, and WHEREAS. Spokane Valley has adopted an ordinance providing for the establishment of a Hearing Examiner system to hear land use, administrative and other matters over which the City has jurisdiction; and WHEREAS, Michael C. Dempsey is a County employee and currently serves as the Spokane County Hearing Examiner, and is a duly admitted member of the Washington State Bar Association and is knowledgeable on land use and other local government matters; Now, Therefore, The Parties agree as follows: 1. PURPOSE. This agreement is to provide a mechanism whereby the County's hearing examiner can act as the hearing examiner pro -tcm for Spokane Valley to conduct administrative and quasi-judicial hearings_ 1 COMPENSATION. Spokane Valley agrees to pay Spokane County for hearing examiner services at the rate of SEVENTY NINE AND NO /100 DOLLARS (S79.00) per hour. This fee includes all costs associated with preparing the written decision including typing. reviewing submitted materials, organizing and mailing to the respective parties. The hearing examiner shall keep a log of the number of hours worked and nature of the work performed for each hearing item. The Parties understand and acknowledge that the hearing examiner shall not be considered an employee of Spokane Valley when performing services pursuant to this agreement. 3. PAY tr T. Spokane Valley shall submit payment, within thirty (30) days of receipt of invoice for services rendered, payable to Spokane County, c/o of the Hearing Examiner, 3` Floor, County Public Works Building, 1026 West Broadway, Spokane, Washington 99260 -0245. Page 1 of 4 P:'Contrnet3 Jiearing Examiner Agrtcment Goc Spokane Valley Contract No. CO3-22 Approved: AUTIIORIIATION FOR SERVICES, The City Manager of Spokane Valley shall be responsible for the administration of this agreement and requesting the services of the hearing examiner. 5.. AGRE,EMENT NOT EXCLUSIVE. Michael Dempsey is hereby appointed a a he,aring examiner pro-tcm for Spokane Valley. This agreement is not exclusive and Spokane Valley may designate other hearing examiner pm-terns to hear similar matters as authorized by local ordinance or resolution. 6. DURATION. The term of this agreement shall be two years commencing on the date this agreement is executed ("initial Turn"), After the Initial Term, this agreement shall automatically renew for one (1) yew period.. Either party may terminate this agreement upon 60 days written notice to ihe other party. Spokane Valley understands that the County cannot guarantee that its hearing examiner will be available at all timLs requested by Spokane Valley, but shall be available at all times scheduled by the Parties, DECISIONS. The hearing examiner pro-tem shall comply with the requirements of federal, state and local law relating to the matter being considered by the examiner. including the ordinances and resolutions of Spokane Valley, If there is no applicable tune period under Stall LC or 'local ordinance or resolution fur issuance of the bearing examiner's decision, the hearing examiner shall exercise his best efforts to render a written decision with findings and conclusions within thirty (30) calendar days of concluding the hearing. If the hearing examiner's wainen decision is appealed, the hearing examiner shall nwiew and certify the record from the hearing to the appropriate body after preparation of the record by the hearing examiner. 8, ADMINISTRATIVE SUPPORT. Spokane Valley shall supply all necessary administrative support services for the hearing examiner, such as hearing 'room, recording equipments notifications, files and copies of applicable regulations, policies, and reports, 9. AGREEMENT ADMINISTRATION. No new or separate legal entity or administrative entity is formed hy this agreement. No property will be acquired, held or disposed of 10. LIABILITY. 10,1 COUNTY shall indemnify and hold harmless CITY and its officers, agents, and errtplayees, or any of !hem 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 ()minion of COUNTY, its officers, agents and employees, or any of thern 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 damagn is brought against CITY. COUNTY stud! 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 judgraent 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 sante. Pap, 2 Gf 4 Moninctsilicatins Ulm Aff CeinEnt-dOC Spokane Valley Contract No. CO3 -22 Approved: 10.2 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, CfIY shall satisfy the same. 10.3 In executing this Agreement, 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 or regulations. If any cause, claim, suite, 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 damages are awarded against CITY. COUNTY (to include SHERIFF) or both, CITY shall satisfy the same, including all chargeable costs and reasonable attorney's fee`s. 11. TERMINATION. If the agreement is terminated. Spokane Valley shall reimburse the County for any services performed pursuant to this agreement that have not at the time of termination been paid for and which the parties have previously agreed is compensablc work. 12. VENUE. This agreement has and shall be construed as having been made and delivered in the State of Washington, and the laws of the State of Washington shall be applicable to its construction and enforcement. Any action at Taw, suit in equity or judicial proceedings for the enforcement of this agreement or any provision hereto shall be instituted only in the courts of competent jurisdiction within Spokane County. Washington. 13. ALL WRITING AS CONTAINED HEREIN. This agreement contains all of the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind the Parties. 14. RECORDING. This agreement shall be recorded with the Spokane County Auditor after its approval by both Parties. TN WITNESS WHEREOF, the parties hereby execute the above agreement: Dated this day of Page 3 of 4 P. 1Cootrads\Hearin; Fxaminer ABreetnane.doc Dated this day of Approved as to form: Approved as to form: Page 4 of 4 P:■Contractilirantng Eurnmer Agrc+ement.da: By By Stanley M. Schwartz, Spokane Valley City Attorney By James P. Emacio, Deputy Prosecuting Attorney Spokane Valley Contract No. CO3 -22 Approved: CITY OF SPOKANE VALLEY, WASHINGTON Mike DeVleming, Mayor City of Spokane Valley Spokane Valley City Clerk BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON Chair Daniclla Erickson, Clerk of the Board