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2003, 04-01 Study SessionNOTE: AT COUNCIL STUDY SESSIONS, THERE WILL BE NO PUBLIC COMMENTS, EXCEPT COUNCIL RESERVES THE RIGHT TO REQUEST INFORMATION FROM THE PUBLIC AND STAFF AS APPROPRIATE SUB.IECT Parks Parks Administration Administration Administration Public Works Administration DISCUSSION LEADER ACTIVITY Bill Hutsinpiller / Bill Hutsinpiller Parks and recreation agreement (10 minutes) Lee Walton Lee Walton Stan McNutt Dick Warren Lee Walton CITY OF SPOKANE VALLEY CITY COUNCIL WORKSHEET — STUDY SESSION CITY HALL AT REDWOOD PLAZA 11707 East Sprague Avenue, First Floor Spokane Valley, Washington Tuesday, April 1, 2003, 6:00 p.m. Parks and recreation regulations (10 minutes) ( Franchises (10 minutes) Special Events regulations (10 minutes) /Information services — County (15 minutes) Street obstruction regulations (5 minutes) /Animal Control Agreement- County(10 minutes) DISCUSSION GOAL Consensus - Agenda 4/22? Consensus - Agenda 4/22? Consensus - Agenda? Consensus - Agenda? Consensus - Agenda? Consensus - Agenda? Consensus- Agenda? 04/01/2003 TUE 11:09 FAX April 1, 2003 R ECEI APR 0 1 2003 City o S k r t Y f o 1 lv y oA ae Mr. Lee Walton, Acting City Manager City of Spokane Valley 11707 East Sprague Avenue, Suite 106 Spokane, Washington 99260 Re: Interim Parks Agreement Dear Lee: OFFICE OF COUNTY COMMISSIONERS JOIN RcSKEaLEY, LST Dr"irR1Cr • KATE MCCASUN, 2ND DISTRICT • PMoLLQ' D. HARRIS, 3RD DISTRICT This correspondence is in follow up to a phone conversation between Doug Chase and Bill Hutsinpiller. In that conversation Doug indicated to Mr. Hutsinpiller that the County would be willing to provide certain Parks Services commencing as of April 1, 2003 and running until the City of Spokane Valley executes the document entitled "INTERLOCAL AGREEMPNT BETWEEN SPOKANE COUNTY AND THE CITY OF SPOKANE VALLEY RELATING TO TITS OWNERSHIP, FUNDING, OPERATION AND MAINTENANCE OF PARKS, OPEN SPACE, RECREATION FACILITIh S AND PROGRAMS," ( "Agreement "). It is the County's understanding that the City Council will initially consider the Agreement at its meeting this evening with the hope of authorizing execution at a subsequent meeting. Pending such action, the County believes it would be of substantial benefit to both Parties that the County continue to provide Base Level Services and Senior Center Services. Accordingly, this correspondence is to at as a Memorandum of Understanding•( "MOU") between the County and City. Under the terns of the MOU the County will agree to provide Base Level Services and Senior Center Services, as described in Section 2.3 of the Agreement for those Properties set forth in Section 1.2 of the Agreement, commencing April 1, 2003. Such services would be performed until both Parties formally execute the Agreement (or one similar thereto) or either Party decides to terminate this MOU upon 24 hours notice. 1116 WEST RRAADWAY AVENUE - SPOKANE, WASHINGTON 99260-0100 • (509) 456 -2265 VIA FACSIMILE Sr MAIL (509) 921-1008 001/002 04/01/2003 TUE 11:09 FAX Mr. Lec Walton, Acting City Manager April 1, 2003 Page 2 The County will charge the City all actual costs for providing Base Level Services and Senior Center Services as generally outlined in Attachment "A" to the Agreement. Billings will occur semimonthly on the 16` and last day of the month for the first 15 days and the remaining days of each month. Payments will be due within 30 days of each billing. In the event the Agreement is executed, in lieu of payment of actual costs hereunder, by mutual agreement of the Parties, the Agreement may have an April 1, 2003 commencement date, in which instance no fees for Base Level Serves and Senior Center Services will be payable pursuant to the terms of this MOU, but instead will be payable pursuant to the Agreement. I have enclosed a copy of the Agreement as referenced herein. The Agreement, for the purpose of this MOU, will be made a part hereof and incorporated herein, as it concerns Base Level Services and Senior Center Services. If this proposal is acceptable to you, please execute this MOU in the space provided for hereinafter and forward the original to my attention. Sincerely yours, ( FRANCItNE M. BOXER Chief Executive Officer Enclosure Reviewed and Accepted this day of , 2003. O:u etterslwal ton-boxer prkcs 040 ] 03. aC x�y LEE WALTON, Acting City Manager e 002/002 03120/2003 09:33 FAX 509 477 3672 STTwEN J. TUc {na PROSECUTING ArroRxEY 0 Criminal Department PS$-1 1100 W. Mallon Avenue Spokane, WA 992604270 (509) 477.3662 FAX: 477 -3409 ova Department s&T 1115 W. Broadway Spokane. WA 99260 -0270 (509)477.5761 PAX:477.3672 SPOK CO PA CIVIL March 20, 2003 OFFICE OF PROSECUTING ATTORNEY From: James P. Emacio Chief Civil Deputy Prosecuting Attorney, Civil Division Spokane County Prosecuting Attorney's Office Telephone No.: (509) 477 -5764 FAX Phone No.: (509) 477 -3672 Domestic Violence Unit PSB-1 901 N Monroe, Suite 290 Spokane, WA 99201 (509)635.4500 FAX1115-4552 00 RECEIVED City CP 913oTaNe Valley Pages 16 MAID 2 0 2CC3 MAIL TO: Civil Division MAIL STOP S&T 1116 W. Broadway Avenue Spokane, WA 99260 -07 (509) 477 -5764 FAX: 477 - 3672 j..44 Please FAX to: Ruth Muller, City Clerk FAX Phone No: (509) 921 -1008 ****************************************** * * * * * * * * * *** * * * * * * * * ** * * * * * * * ** ****************************************** * * * * * * * * * * * # * * * ** * * ** * * * * * * * *** Re: Interlocal Agreement — Ownership, Funding, Operation and Maintenance of Parks, Open Space, Recreation Facilities and Programs WARNING: Most Fax machines produce copies on thermal paper. The image produced is highly unstable and will deteriorate significantly in a few years. This record should be copied on a plain paper copier prior to filing as a record. ******* 4********* O************i O*** 4* 4********** 4* M** ** 4*** 4* 4** *9M *0 *** ** * * * * *4M ** *4* *4 ** *** *4 If there are any questions regarding the message sent, please contact Tamara, Civil Department, Prosecuting Attorney's Office, 477 -5764. *** 444,*•.+ 44******* 0*****U**** 4************************* 4****** 4 * * * *t* *60 * *4* * * * *M*4** * * ** * ** *4 NOTICE: The irSormation contained in this transmission is privileged and confidential It is intended for the use of the individual or entity named above. If the reader of this message is not the intended addressee, the reader is hereby notified that any consideration, dissemination or duplication of this communication is strictly prohibited. If the addressee has received this communication in error, please return to the above address by mail and notify this office immediately by telephone. Thank you. 0 Drug/ Property Department PSB-1 721 N. Jefferson Spokane, WA 99260 -0270 (509) 477-6416 FAX 477-6150 0 Juvenile tnpertmcnt PSB -1 1200 W. Mattnn Avenue Spokane, WA 99260 -02.70 (509) 4776046 FAX 477 -6444 03=20/2003 09:33 FAX 509 477 3672 SPOK CO PA CIVIL 2h002 Return to: Pagel of 12 Daniela Erickson Clerk of the Board 1116 West Broadway Spokane, Washington 99260 DRAFT 3/20/2003 1, 1NTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY 2 AND THE CITY OF SPOKANE VALLEY RELATING TO THE OWNERSHIP, 3 FUNDING, OPERATION AND MAINTENANCE OF PARKS, OPEN SPACE, 4 RECREATION FACILITIES AND PROGRAMS 5 6 THIS AGREEMENT, made and entered into by and between Spokane County, a political 7 subdivision of the State of Washington, having offices for the transaction of business at 1116 West 8 Broadway, Spokane Washington 99260, hereinafter referred to as "COUNTY," and the City of 9 Spokane Valley, a municipal corporation of the State of Washington, having offices for the 10 transaction of business at the Rcdwood Plaza, 11707 East Sprague Avenue, Suite 106, Spokane 11. Valley, Washington 99206, hereinafter referred to as "CITY" jointly hereinafter referred to as the 12 "PARTIES." 13 14 WITNESSETH 15 16 WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County 17 Commissioners has the care of County property and the management of County funds and 18 business; and 19 20 WHEREAS pursuant to the provisions of chapter 39.34 RCW, two or more public 21 entities may jointly cooperate between each other to perform functions which each may 22 individually perform; and 23 24 WHEREAS, pursuant to the provisions of RCW 35.02.225, a newly incorporated city 25 may contract with a county to provide essential services; and 26 27 WHEREAS, all local governmental authority and jurisdiction with respect to the newly 28 incorporated area transfers from Spokane County to the City of Spokane Valley upon the official 29 date of incorporation; and 30 31 WHEREAS, the City of Spokane Valley desires to own, operate, and maintain parks, 32 open space, recreation facilities and programs within its boundaries which were previously 33 owned, operated and/or maintained by Spokane County; and 34 03/20/2003 09:34 FAX 509 477 3672 SPOK CO PA CIVIL @003 1 WHEREAS, Spokane County desires to divest itself of ownership, operation, 2 maintenance and financial responsibility for parks, open space, recreational facilities and 3 programs inside the boundaries of the City of Spokane Valley; and 4 5 WHEREAS, it is in the best interest of the public that the City of Spokane Valley and 6 Spokane County take appropriate actions to ensure a smooth transition in the ownership, 7 operation and maintenance of parks, open space, recreational facilities and programs to avoid 8 di sruption of service. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 NOW THEREFORE for and in consideration of the mutual promises set forth hereinafter, the PARTIES do mutually agree as follows: SECTION NO. 1: CONVEYANCE 1.1 COUNTY shall convey to CITY by individual quit claim deed in "as -is condition" all of its rights, title and interests, and when possible assign any leasehold interest or shared use responsibility, in the parks, open space(s) and recreation sites, hereinafter collectively referred to as "Properties," or individually referred to as "Property," listed in subsection 1.2 hereinafter, as well as all personal property permanently affixed thereto such as play equipment and ball field improvements. Consideration for each transfer will be $ 1.00 and other consideration more particularly described hereinafter. 1.2 The Properties to be transferred include: Page 2 of 12 Myrtle Point Opportunity Township Hall Valley Mission Pool Valley Senior Center Valley Mission Park Valley Mission Park (South) Balfour Park Brown's Park Buttercup Park Edgecliff Park Western Dance Center Sullivan Park DRAFT 3/20/2003 Mirabeau Point Park Park Road Park Park Road Pool Terrace View Park Terrace View Pool Castle Park PARTIES recognize that the COUNTY acquired Properties with public funds and also from private gifts/donations. CITY agrees to comply with any conditions imposed upon COUNTY by its use of public funds in acquisition or improvement of any Property or conditions imposed on private donations used to acquire or improvement any Property. A condition precedent to the transfer of any Property which the COUNTY acquired or improved with grant moneys from the Washington State Interagency Committee for Outdoor Recreation ( "IAC ") will be (1) CITY'S adoption of a Park Plan and (ii) IAC'S approval of the transfer. CITY agrees to timely adopt a Park Plan and apply for IAC approval of the Park P lan. 03/20/2003 09:34 FAX 509 477 3672 SPOK CO PA CIVIL g004 Page 3 of 12 DRAFT 3/20/2003 1 Each Party shall pay its own expenses in conjunction with the transfer of any Property 2 including but not limited to fees and expenses of agents, representatives, counsel and 3 accountants. 4 5 Closing costs shall be apportioned according to custom in Spokane County. 6 7 ALTA Title insurance shall be at the sole cost of CITY. 8 9 PARTIES shall mutually agree to a closing date for any Property. Provided, however, the 10 closing date(s) shall not affect CITY'S obligation to maintain, operate, repair, and improve 11 the Properties as of April 1, 2003. 12 13 CITY agrees and covenants to own, operate and maintain the Properties in perpetuity as 14 public parks, public recreational facilities, and/or public open spaces respectively. CTTY 15 may trade any Property or part thereof for another public park, public recreational property, 16 and/or public open space of equal or greater value. Transfers of any Property initially 17 acquired by COUNTY with moneys from Washington State Interagency Committee for 18 Outdoor Recreation will require IAC approval. 19 20 C1.TY agrees and covenants that it will not in any way limit or restrict access to and use of 21 any Property by non - CI'T'Y residents. 22 23 CITY agrees and covenants that any and all user fees, including charges made by any lessees, 24 concessionaires, service providers and/or other assignees, shall be at the same rate for non - 25 CITY residents as for the residents of CITY. 26 27 SECTION NO. 2: RESPONSIBILITY FOR OPERATION, MAINTENANCE, REPAIRS, 28 IMPROVEMENTS, AND RECREATION SERVICES 29 30 2.1 As consideration for COUNTY'S agreement to convey the Properties, CITY agrees to 31 assume full and complete responsibility for all maintenance, operation, repair, improvement, 32 and provision of recreation services on such Properties, to include facilities thereon, as of 33 April 1, 2003. 34 35 2.2 CITY contracts with COUNTY to maintain and operate the Properties listed in Section No. 1.2 36 on and after April 1, 2003 under the terms and conditions specified hereinafter. It is the intent 37 of the PARTIES that such responsibilities be consistent with the CITY'S Council /Manager form 38 of government provided for in chapter 35A.13RCW. 39 40 2.3 Base Level Services. Acting solely as an independent contractor on behalf of CITY, 41 COUNTY will provide routine park maintenance and operation services for the Properties 03/20/2003 09:35 FAX 509 477 3672 SPOK CO PA CIVIL X005 1 listed in Section 1.2 above at that level and standard provided to each individual Property in 2 calendar year 2002. This level of service is hereinafter referred to as "base level service." 3 4 CITY may request adjustments to individual tasks associated with base level service in order 5 to meet specific needs. COUNTY shall consider all such requests and, whenever reasonably 6 practicable, alter the work program as necessary. 7 8 COUNTY is only required to perform maintenance and operation services on the Properties 9 listed in Section 1.2 as those Properties were improved as of the 12:01 A.M. April 1, 2003, 10 the CITY's official date of incorporation. COUNTY and Cl t "Y anticipate that there may be 11 further improvements made to these Properties by CITY which will require additional 12 maintenance. CITY agrees to pay COUNTY for any increased maintenance costs to any 13 Property, regardless of the .funding source of the improvement, due to any improvement 14 thereto. 15 16 2.4 Extra or Enhanced Services. Acting solely as an independent contractor on behalf of CITY, 17 COUNTY will provide services above base level services upon written request from CITY 18 and mutual agreement as to any increased costs for such service. Such additional services are 19 hereinafter referred to as "extra or an enhanced services." 20 21 2.5 Construction of Mirabeau Meadows Park. COUNTY agrees to complete the construction 22 of Mirabeau Meadows Park. For the purpose of this Agreement, the terminology 23 "construction" shall include (1) preparing bid document(s) for the Project (Mirabeau 24 Meadows), (2) awarding the Project pursuant to County public works laws; (3) construction 25 management of the awarded Project; and (4) acceptance of the completed Project. COUNTY 26 has already prepared bid documents denominated as Project No. P3993. COUNTY agrees 27 not to award .Project if the bid of lowest responsible bidder exceeds $1.4 Million without 28 consultation and approval by CITY. 29 30 The cost of the Mirabeau Meadows Park construction will be funded solely using a portion of 31 State Grant (INTERGOVERNMENTAT. AGREEMENT) 1102 -99300 -018 estimated at $1.4 32 million. No COUNTY money will be used. 33 34 2.6 Oversee .Oesi2n of Mirabeau Point Center Place Facility ( "Facility "). County agrees 35 only to oversee the design of Mirabeau Poi.nt Center Place Facility ( "Facility"). All future 36 phase(s) of the Facility will be the sole responsibility of the CITY. For the purpose of this 37 Agreement, the terminology "oversee the design" shall mean employment of an architect to 38 design the Facility and payment for services solely from State Grant 39 (INTERGOVERNMENTAL AGREEMENT) /102- 99300 -018. No COUNTY money will be 40 used for the design of Facility. COUNTY has employed Tan Moore Architects under Project 41 Agreement No. P3983 to design the Facility. COUNTY will coordinate with CITY all major 42 decisions with respect to the design of the Facility. Page 4 01 12 DRAFT 3/20/2003 03120/2003 09:35 FAX 509 477 3672 SPOK CO PA CIVIL 0006 Page 5 of 12 DRAT 3/20/2003 1 2 The cost to design Mirabeau Point Center Place Facility will be funded solely using a portion 3 of State Grant (INTERGOVERNMENTAL AGREEMENT) #02 -99300 -018 estimated at 4 $500,000. If there are funds remaining in the State Grant (INTERGOVERNMENTAL 5 AGREEMENT) ##02- 99300 -018 upon completion of the Mirabeau Meadows Park 6 construction and Mirabeau Point Center Place Facility design, COUNTY staff will work with 7 CITY staff to allocate unused grant moneys for completion/construction of other elements of 8 the Mirabeau Point Master Plan. 9 10 Separate from the Grant Funds allocated for design of the Mirabeau Point Center Place 11 Facility, the COUNTY has set aside S1.4 million for the construction of Mirabeau Point 12 Center Place Facility. COUNTY agrees to make this money available to CITY in the event 13 CITY elects to proceed with construction of Mirabeau Point Center Place Facility not in a 14 lump sum, but as necessary to pay consultants and contractors for services completed. 15 COUNTY shall retain any and all interest on the $1.4 million. 16 17 COUNTY shall not have an obligation to operate or maintain either the Mirabeau Meadows 18 Park or Mirabeau Point Center Place Facility after their completion until the PARTIES 19 mutually agree as to all increased operation and maintenance costs in accordance with 20 Section 2.3 above. 21 22 2.7 Valley Mission Pool. COUNTY has set aside $1.6 million for the construction of an aquatic 23 facility intended to replace the Valley Mission Pool. COUNTY originally proposed a 24 replacement pool to be located at Valley Mission Park (South): The design of the new pool 25 has been completed. However, upon the vote to incorporate CITY, COUNTY opted to defer 26 construction of the new pool. COUNTY agrees to (i) transfer the complete plans for the new 27 Valley Mission Pool to CITY and (ii) to make available to CITY $1.6 million for 28 construction of a new pool at that location as determined by CITY and using the design 29 completed or another designed as approved by CITY. COUNTY agrees to transfer plans for 30 said pool to CITY upon execution of this Agreement. $1.6 million will be retained by 31 COUNTY and paid to CITY as needed by CITY to pay consultations and contractors in 32 conjunction with design/construction of a new pool. COUNTY shall retain any and all 33 interest on the $1.6 million. 34 35 SECTION NO. 3: DURATION 36 37 This Agreement shall commence at 12:01 A.M. on April 1, 2003 and terminate at 12:00 P.M. on 38 December 31, 2004, unless terminated as provided for in Section 10. This Agreement shall be 39 effective upon signature by both PARTIES. 40 41 42 03/20/2003 09:36 FAX 509 477 3672 SPOK CO PA CIVIL a007 1 SECTION NO. 4: COST OF SERVICES 2 3 CITY shall pay COUNTY the actual costs for base level services described herein and provided by 4 COUNTY to the Properties. For 2003 the costs of such base level services shall not include 5 equipment depreciation on equipment owned by COUNTY. The COUNTY, at its sole discretion 6 may include such equipment depreciation of equipment for calendar years 2004. The estimated cost 7 for 2003 base level services is SIX HUNDRED FIFTY -THREE THOUSAND TWO 8 HUNDRED DOLLARS and 10 /100 ($653,240.1.0). The methodology used to calculate the cost 9 of providing CITY'S base level services is set forth in Attachment "A," attached hereto and 10 incorporated herein by reference. This methodology contemplates that the CITY retains all 11 fees/revenues collected from Properties and facilities. Further, CITY shall be responsible for all 12 costs /assessments associated with ownership of park properties/facilities including but not 13 limited to electricity, sewer, water, gas, garbage, telephone, and taxes. Said costs are separate 14 from the estimated costs to provide base level services in 2003 as described herein. 15 16 In 2004, the ;PARTIES acknowledge that the estimated costs will automatically increase based 17 upon salary adjustments to include cost of living increases ( "COLA ") granted by the BOARD, 18 increased costs provided for in a Collective Bargaining Agreement, and increased costs for 19 various items set forth in Attachment `A." COUNTY will prepare an estimated cost for 2004 20 base level services using the same methodology as set forth in Attachment "A." This estimate 21 will be provided to CITY on or before October 31, 2003. This estimate will be used for the 22 purposes of 2004 billings. 23 24 COUNTY will bill CITY for the estimated cost of services, monthly, during the first week of the 25 month. For calendar 2003, the estimated cost of S653.240.10 will be divided into nine equal 26 payments of 572,582.23. Payments by CITY will be due by 5"' working day of the following 27 month. At the sole option of COUNTY, a penalty may he assessed on any late payment by 28 CITY based on lost interest earnings had the payment been timely paid and invested in the 29 Spokane County Treasurer's Investment Pool. 30 31 At the end of calendar year 2003 and 2004, using actual costs COUNTY and CITY will each 32 determine respectively whether or not the estimated costs were accurate. To the extent that the 33 CITY was over billed in any year, it will receive a credit to be applied as mutually agreed. If the 34 CITY was under billed, it will receive a debit in the subsequent billing. The adjustment will 35 normally take place in March of the year following the year services were performed but no later 36 than June 30 ( "date of determination "). At the sole discretion of the CI'T'Y, in the case of over 37 billing, or the sole discretion of the COUNTY, in the case of an under billing, the party may 38 request interest on such amount based on lost interest earnings had the under billing amount been 39 invested since the end of the calendar year to the date of determination in the Spokane County 40 Treasurer's Investment Pool or the over billing amount been invested since the end of the 41 calendar year to the date of determination in the Washington Cities Investment Pool. M &O Page 6 of 12 DRAFT 3/20/2003 03/20/2003 09:36 FAX 609 477 3672 SPOK CO PA CIVIL 1 items chargeable to the CITY shall be directly attributable and proportionate to services received 2 by City under the terms of this Agreement. 3 4 SECTION NO. 5: NOTICE 5 6 All notices or other communications given hereunder shall he deemed given on: (1) the day such 7 notices or other communications are received when sent by personal delivery, or (ii) the third day 8 following the day on which the same have been mailed by first class delivery, postage prepaid 9 addressed to COUNTY at the address set forth below for such Party, or at such other address as 10 COUNTY shall from time -to -time designate by notice in writing to the other PARTIES: 11 12 COUNTY: Spokane County Chief Executive Officer or his/her authorized representative 13 1116 West Broadway Avenue 14 Spokane, Washington 99260 15 16 CITY: City of Spokane Valley City Manager or his/her authorized representative 1.7 Redwood Plaza 18 11707 East Sprague Avenue, Suite 106 19 Spokane Valley, Washington 99206 20 21 SECTION NO. 6: COUNTERPARTS 22 23 This Agreement may be executed in any number of counterparts, each of which, when so 24 executed and delivered, shall be an original, but such counterparts shall together constitute but 25 one and the same. 26 27 SECTION NO. 7: ASSIGNMENT 28 29 COUNTY may assign any of its responsibilities under the terms of this Agreement so long as the 30 COUNTY remains responsible for oversight and supervision of all responsibilities. 31 32 SECTION NO. 8: LIABILITY 33 (a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees, 34 or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and 35 damages of any nature whatsoever, by any reason of or arising out of any negligent act or 36 omission of COUNTY, its officers, agents and employees, or any of them relating to or arising 37 out of performing services pursuant to this Agreement. In the event that any suit based upon such 38 claim, action, loss, or damages is brought against CITY, COUNTY shall defend the same at its 39 sole cost and expense; provided that CITY reserves the right to participate in said suit if any 40 principle of governmental or public law is involved; and if final judgment in said suit be 41 rendered against CITY, and its officers, agents, and employees, or any of them, or jointly against Page 7 of 12 DRAFT 3/20/2003 g008 03/20/2003 09:37 FAX 509 477 3672 SPOK CO PA CIVIL Page 8 of 12 DRAFT 3/20/2003 0009 1 CITY and COUNTY and their respective officers, agents, and employees, COUNTY shall 2 satisfy the same. 3 4 (b) CITY shall indemnify and hold harmless COUNTY and its officers, agents, and employees, 5 or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and 6 damages of any nature whatsoever, by any reason of or arising out of any negligent act or 7 omission of CITY, its officers, agents and employees, or any of them relating to or arising out of 8 performing services pursuant to this Agreement. In the event that any suit based upon such 9 claim, action, loss, or damages is brought against COUNTY, CITY shall defend the same at its 10 sole cost and expense; provided that COUNTY reserves the right to participate in said suit if any 11 principle of governmental or public law is involved; and if final judgment in said suit be 12 rendered against COUNTY, and its officers, agents, and employees, or any of them, or jointly 13 against COUNTY and CITY and their respective officers, agents, and employees, CITY shall 14 satisfy the same. 15 16 (c) The foregoing indemnity is specifically intended to constitute a waiver of each party's 17 immunity under Washington's Industrial Insurance Act, Chapter. 51 RCW, respecting the other 18 Party only, and only to the extent necessary to provide the indemnified party with a full and 19 complete indemnity of claims made by the indemnitor's employees. The PARTIES 20 acknowledge that these provisions were specifically negotiated and agreed upon by them. 21 22 (d) COUNTY and CITY agree to either self insure or purchase polices of insurance covering the 23 matters contained in this Agreement with coverages of not less than $5,000,000 per occurrence 24 with S5,000,000 aggregate limits including for staff professional liability and auto liability 25 coverages. 26 27 SECTION NO. 9: RELATIONSHIP OF THE PARTIES 28 29 The PARTIES intend that an independent contractor relationship will be created by this Agreement. 30 No agent, employee, servant or representative of COUNTY shall be deemed to be an employee, 31 agent, servant or representative of CITY for any purpose. Likewise, no agent, employee, servant or 32 representative of CITY shall be deemed to be an employee, agent, servant or representative of 33 COUNTY for any purpose. 34 35 'SECTION NO. 10: MODIFICATION AND TERMINATION 36 37 This Agreement maybe modified in writing by mutual agreement of the PAR.t.1LS. 38 39 Any Party may terminate only the maintenance and obligation of COUNTY set forth in 2.2, 2.3 and 40 2.4 herein for any reason whatsoever upon a minimum of 90 days written notice to the other Party. 41 03/20/2003 09:37 FAX 509 477 3672 SPOK CO PA CIVIL. [ib 010 DRAFT 3/20/2003 1 Any Party may terminate this Agreement for breach of any provision concerning the providing of 2 maintenance and operation services or payment of consideration upon thirty days (30) advance 3 written notice to the breaching Party. If the defaulting Party cures the breach to the satisfaction of 4 the notifying Party within the thirty-day (30) time frame or such time frame as is reasonably 5 necessary to cure the default, then the notice of termination shall be void. 6 7 Upon termination, CITY shall be obligated to pay for only those basic level services and extra or 8 enhanced services rendered prior to the date of termination based upon a pro rata allocation of costs 9 to the date of termination. 10 11 SECTION NO. 11: PROPERTY AND EQUIPMENT .12 13 The ownership of all equipment owned and utilized by COUNTY in providing maintenance and 14 operation services under this Agreement or acquired by COUNTY from the consideration by CITY 15 for such maintenance and operation services shall remain with COUNTY upon termination of this 16 Agreement. Provided, however, the PARTIES acknowledge that CITY may purchase equipment 17 and provide such equipment to COUNTY to perform such maintenance and operation expenses. 18 The ownership of any equipment acquired by CITY and made available to COUNTY to provide 19 maintenance and operation services under the terms of this Agreement shall remain with CITY 20 upon termination of this Agreement. 21 22 Attached hereto as Attachment "13" and incorporated herein by reference is a listing of certain 23 equipment and machinery that COUNTY presently owns and may use in conjunction with 24 providing maintenance and operation services to CITY under the terms of this Agreement. If the 25 Agreement runs its entire term without termination, COUNTY agrees to transfer to CITY at the end 26 of said terrn at no cost and in an "as -is condition" those pieces of equipment and machinery listed in 27 Attachment "13" which are still owned by COUNTY. If, for any reason, this Agreement is 28 terminated by either Party prior to December 31, 2004 COUNTY agrees to sell to CITY in as "as -is 29 condition" those remaining pieces of equipment and machinery listed in Attachment `B" which are 30 still owed by COUNTY for FIFTY THOUSAND DOLLARS (S50,000.00). 31 32 SECTION NO. 12: GENERAL TERMS 33 34 This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree 35 that there are no other understandings, oral or otherwise, regarding the subject matter of this 36 Ageement. No changes or additions to this Agreement shall be valid or binding upon the 37 PARTIES unless such change or addition is in writing, executed by the PARTIES. 38 39 This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. 40 41 42 Page 9 of 12 03%20/2003 09:38 FAX 509 477 3672 SPOK CO PA CIVIL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 DRAFT 3/20/2003 SECTION NO. 15: HEADINGS The section headings appearing in convenience and ready reference. define, limit or extend the scope or eon SECTION NO. 13: 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. 14: SEVIiRA.BILITY It is understood and arced among the PARTIES that if any parts, terms or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard to the remainder of the Agreement. If it should appear that any part, term or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. this Agreement have been inserted solely for the purpose of In no way do they purport to, and shall not be deemed to intent of the sections to which they pertain. SECTION NO. 16: REPRESENTATIVES COUNTY hereby appoints the Spokane County Parks and Recreation Director or his/her designee for the purpose of administering the terms of this Agreement. CITY hereby appoints the City Parks and Recreation Director or his/her designee for the purpose of administering the terms of this Agreement. Each PARTY'S representative agrees to meet on a monthly basis or as necessary to address COUNTY'S provision of basic level services or extra/enhanced level services under the terms of this Agreement. In the event there is a disagreement between the PARTIES, it shall be forwarded to the COUNTY CEO and CITY Manager for resolution. Spokane County Parks and Recreation Director or his/her designee agrees to attend staff meetings as requested by the CITY Manager. Page 10 of 12 03/20/2003 09:38 FAX 509 477 3672 SPOK CO PA CIVIL. Page 11 of 12 DRAFT 3/20/2003 [A 0 a. 2 1 SECTION NO. 17: REPORTING 2 3 COUNTY, through the Spokane County Parks and Recreation Director or his/her designee shall 4 provide a mutually acceptable quarterly report to CITY that will contain information relating to 5 services performed under the terms of this Agreement during the preceding quarter. 6 7 SECTION NO. 18: STAFFING 8 9 COUNTY shall have the sole right and responsibility to hire, assign, retain and discipline all 10 employees performing services under this Agreement according to collective bargaining agreements 11 and applicable state and federal laws. COUNTY agrees to meet and confer with CITY with respect 12 to staff are assigned to provide such services. 13 14 SECTION NO. 19: RECORDS 15 16 All public records prepared, owned, used or retained by COUNTY in conjunction with providing 17 services under the terms of this Agreement shall be deemed CITY property and shall be made 18 available to CITY upon request by CITY Manager. COUNTY will notify CITY of any public l 9 disclosure request under chapter 42.17 RCW for copies or viewing of such records as well as the 20 COUNTY's response thereto. 21 22 SECTION NO. 20: ASSURANCE 23 24 COUNTY represents and assures CITY that no other city or town will receive more favored 25 treatment in receipt of park maintenance and operation services than that made available to the 26 CITY for similar services. 27 28 IN WITNESS WHEREOF', the PARTIES have caused this Agreement to be executed on 29 date and year opposite their respective signatures. 30 31 DATED: BOARD OF COUNTY COMMISSIONERS 32 OF SPOKANE, COUNTY, WASHINGTON 33 34 35 JOHN ROSKELLEY, Chair 36 ATTEST: 37 VICKY M. DALTON 38 CLERK OF THE BOARD PHILLIP D. HARRIS, Vice - Chair 39 40 41 13Y: M. KATE MCCASLIN 42 Daniela Erickson, Deputy 03'20/2003 09:39 FAX 509 477 3672 SPOK CO PA CIVIL. DRAFT 3/20/2003 1 2 DATED: CITY OF SPOKANE VALLEY: 3 4 Attest: By: 5 6 Its: 7 City Clerk (Title) 8 9 Approved as to form only: 10 11 12 Acting City Attorney 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 It'valley City'Draft Con tricis1Parls\Parks services Valley 032003-draft 1 i.doc Page 12 of 12 1013 03%20/2003 09:39 FAX 509 477 3672 Spokane County Parks and Recreation (Spokane Valley) 12- NIanth Budget Year 2003 Full Time Employee PARKS- Administrative Personnel, Wa ge s/Benefits Percentage of Time Parks Director 32,590.78 40% Services Manager 45,665.64 60% Office Manager 5,96414 10% Office Assistant 3 15,339.38 50% 23 40 % 897. Accounting Tech 4 18, N/A Director 1,890.00 Facilities Stab Assistant 720.00 N/A Sub Total 121,067.17 Majntenance Personnel,. 100% Trades Specialist 50,744.50 5005 Trades Specialist 25,372.25 100% Maintenance Worker 11 42,668.00 Mechanic 11 21,481 -75 42% Extra Help 28,000.00 Soh Total 168,266.50 Cost allocation for maintenance and operation of Valley Park Properties: 57,924.60 Cosi of Supplies & Materials for Maintaining Valley Parks 109,24234 For estimated utility expenses see attached expense sumnetry Cost of Equipment M &O 26,253.20 Un- anticipated Repairs and Maintenance due to Mother Nature and Vandalism 35,000.00 Total Cost to the City for Operations of the Park Properties: 517,753.81 AQUATiCS- M aintetignesand Administration 4,073.86 5 %g Parks Director Services Manager 7,610.94 10% Office Manager 2,982.03 5% Recreation Program Coordinator 6,014.40 10% Office Assistant 4 2,099.25 5% Accounting Tech 4 4,724.30 106 Trades Specialist 22,812.00 45% M echanic 11 2,55735 5% Maintenance Extra Help 5 711.20 58,585.33 Aquatics Extra Help Aquatics Coordinator Pool Manager> & Lifeguards . Sub Total Cost allocation for maintenance and operation of Valley Pool Facilities: Cost of operating Supplies. Chemicals, Utilities, etc. for Valley Pools For estimated utility expenses sec attached expense sumrrtary Cost of Equipment M&O Page 1 of 2 SPOK CO PA CIVIL a01.4 4,176.90 76,283.00 81 ,159.90 27,977.00 14,700.00 3,731.42 Total Cost to the t. fur Operations of the Pool Properties: 186,153.65 SENIOR CENTER- Parks Director 4,073.86 , 5% Services Manager 7,610.94 I0% Office Manager 2,982.03 5% Senior Center Coordinator 24,886.18 50% Accountant Tech 4 2,362.15 5% Maintenance Worker II 6,400.20 15% Mechanic El 1,534.40 3% Extra Hclp (Janitor & Bus Drivers) 13.237,07 Sub Total 63,086.83 Cost allocation for maintenance and operation of' Valley Senior Ccnicr 1 2,629.98 Cost of Supplies ,C: Materials for Maintaining Valley Senior Center 5,992.00 *For estimated utility expenses see attached expense summary Cost of Equipment M&O 449.84 Total Coat to the City for Operations of the Senior Center: 82,158.65 Grand Total Operations of Parks, Aquatics & Senior Center: 786,066.11 (Year 2003) ATTACHMENT "A" 03/20/2003 09:39 FAX 509 477 3672 SPOK CO PA CiVIL Spokane County Parks and Recreation Contract with City of Spolwne Valley as of April 1, 2003 PARKS - *As of April 1, 2003 there would be a reduction in all Personnel Costs by 25% except extra help personnel. There are no costs for extra help personnel for January. February and March. There would also be a 25% reduction in the Cost of Supplies & Materials and Equipment M &O. There would be no reduction in the un- anticipated repairs and maintenance amount Administrative Personnel: Wages/Benefits Parks Director 24,443.10 25% reduction 34,249.23 25% reduction Office Manager 4,473.18 25% reduction Office Manager UfSce Asistant 3 11,504.61 25% reduction Accounting Tech 4 14,172.93 25% reduction Facilities Director 1,417.50 25% reduction Facilities Stall Assistant 540.00 25% reduction Sub TontI 90,800.55 Maintenance Personnel: Trades Specialist 311,05839 25% reduction Trades Specialist 19,029.24 25% reduction Maintenance Worker 11 32,001.03 25% reduction Mechanic II 16,111.35 25%reduction Extra Help 211,000.00 no reduction Sub Total 133,200.01 Cost allocation for maintenance and operation of Valley Park Properties: 44,844.92 25% reduction/riot extra help Cost of Supplies & Materials for Maintaining Valley Parks 81,931.77 25% reduction For estimated utility expenses see attached expense summary Cost of Equipment M &O 19,689.93 25% reduction Unanticipated Repairs and Maintenance due to Mother Nature and Vandalism 35,000.00 na reduction Total Cost to the City for Operations of the Park Properties: 405,467.18 AQUATICS- The aquatics season does not start until alter April, therefore not reduction in costs are calculated Maintenance and Administration Parks Director 4,073.86 no reduction Services Manager 7,610.94 no reduction Office Manager 2,982.03 no reduction Recreation Program Coordinator 6,014.40 no reduction Office Assistant 4 2,099.25 no reduction Accounting Tcch 4 4,724.34 no reduction 'Trades Specialist 22,812.0 no reduction Mechanic 11 2,557.35 no reduction Maintenance an Help 5,711.20 no reduction 58,585.33 Grand Total Operations of Parks, Aquatics & Senior Center: 653,240.10 (Year 2003) Page 2of2 Aquatics Extra Help Aquatics Coordinator Post Managers & Lifeguards Sub Total 4,176.90 no reduction 76,983.00 no reduction 81,159.90 27,977.00 no reduction 14,700.00 no reduction g015 Cost allocation for maintenance and operation of Valley Pool Facilities: Cost of operating Supplies, Chemicals, Utilities, etc. for Valley Pools •For estimated utility expenses see attached expense summary Cost of Equipment M &O 3,731.42 no reduction Total Cost to the City for Operations of the Pool Properties: 186,153.65 SENOR CENTER- 'As of April 1, 2003 there wonted he a reduction in all costs by 25% Director 3,055.41 25% reduction Services Manager 5,708.25 25 % reduction Office Manager 2,236.53 25% reduction Senior Center Coordinator 18,664.65 7595 rcdurtian Accountant Tech 4 1,771.65 25 %reduction Maintenance Worker [1 4,800.15 25% reduction ,Mechanic 11 1,150.83 25% reduction Extra Help (Janitor & Bus Drivers) 9,927.81 25% reduction Sub Total 47,315.28 Cost allocation for maintenance and operation of Valley Senior Ceatter 9,472.52 25% reduction Cost of Supplies & Materials for, Maintaining Valley Senior Ccntcr 4,49446 25% reduction For estimated utility expenses sec attached expense summary Cost of Equipment M &O 337.41 25% reduction Total Cost to the City for Operations of the Senior Center: 61,619.27 • 03V20/2003 09:40 FAX 509 477 3672 Spokane County Parks Equipment and Machinery Package (City of Spokane Valley) Estimated Estimated Equip Current Value Replacement # Cost $10,000.00 57,500.00 56,000.00 56,000.00 S6,000.00 56,000.00 54,000.00 $4,000.00 58,500.00 558,000.00 S50,000.00 545,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $40,000.00 5225,000.00 Estimated Estimated Equip Current Value Replacement # Cost 55,000.00 510,000.00 $1,200.00 52,500.00 51,000.00 56,000.00 51,000.00 56,000.00 58,000.00 $12,000.00 58,000.00 $17,000.00 S8,000.00 $17,000.00 58,000.00 $17,000.00 54,000.00 58,000.00 52,000.00 56,000.00 540,000.00 $100,000.00 55,000.00 520,000.00 55,000.00 $20,000.00 52,000.00 52,500.00 5400.00 5550.00 $200.00 $600.00 $98,800.00 5245,150.00 $156,800.00 5470,150.00 Total Total SPOK CO PA CIVIL Vehicles 461 2 Ton 1974 Ford F -150 465 1 Ton 1986 Chevy C -30 428 114 Ton 1988 Chevy S -10 429 1/4 Ton 1988 Chevy S -10 430 1/4 Ton 1988 Chevy S -10 433 1/4 Ton 1988 Chevy S -10 508 1/4 Ton 1983 Ford Ranger 511 1/4 Ton 1983 Ford Ranger 431 1 Ton 1988 Chevy C -30 Machinery 1 Kawasaki Mule 1992 4X2 Portable Herb Sprayer 484 Haulette/Trailer 1972 485 Haulette/Trailer 1972 501 5th Wheel Trailer 1994 1 Olathe Turf Sweepers 1984 2 Olathe Turf Sweepers 1984 3 Olathe Turf Sweepers 1984 Orsi Flail Mower CR 350 Jacobsen Over Seeder 423 Toro Gang Mower 1991 10 72" Riding Mower 1992 11 72" Riding Mower 1994 Generator Weed Trimmers (4) Backpack Blower (2) ATTACHMENT `B" Miles 84,581 60,381 45,044 46,869 40,364 51,395 58,751 49,067 71,294 1652 Hours SmaII SmaII SmaII Medium 4547 Hours 4814 Hours 482 Hours 2711 Hours 1043 Hours 900 Hours fib016 CITY OF SPOKANE VALLEY SPOKAYE COUNTY, y�/ WASHINGTON ORDINANCE NO. Apr 1 200.3 15 :07 P.07 AN ORDl NAJ CE. OF TEE CM OF P R A INE VALLEY, SPOKANE COUNTY, ; , WASHINGTON, ADOPTING REGULATIONS FOR SPECIAL EVENTS. WHIEE&EAS, it is in the interests of the City of Spokane Valley to allow community organizations and citizens to sponsor special events within the City, and WHEREAS, reasonable guidelines and a permitting process are necessary to protect the public's health., safety and welfare during special events, NOW, TEBREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Sect1nxt 1. Definitions. • "Applicant" is the person, firm or entity making application fora permit 13. "Parade" means any march or procession consisting of people, animals, bicycles, vehicles, or combination thereof, except wedding processions and fu.neraI processions, upon any public street or sidewalk which does not comply with adopted traffic regulations or controls, "Run" means an organized procession or race consisting of people, bicycles, or other vehicular devices or combination thereof containing ten (10) or more persons upon the public street or sidewalk. D. "Public Property' means a street or other public place (i.e_ Park) under the control and authority of the City. E. "Special Event" ms any parade, nub strut dance, or other demonstration and exhibition. F. "Street" or "Streets" means any public roadway, sidewalk, or portions thereof in the City of Spokane Valley dedicated to the public use_ G. "Street Dance" means any organized dance of fire or more persons on any public street, public sidewalk or publicly owned parking lot. Section 2. Permit. No person shall conduct a special event upon public property unless a permit has been obtained from the City Manager or designee_ Section 3. Ferrnit ,pjioation -Fee. The fee for a special event shall be determined by Resolution. Section 4. permit - Application - Contents. Applications for a spacial events permit G,' Sty of Spa]ainc valkcy 14314\Ord iniTheceOrdintrIcc 1 O. NU i,poc Apr 1 2003 15:07 P. 08 shall state: (a) name and address of applicant; (b) date and time of event; (c) name of sponsoring person or organization; (d) probable number of participants; (e) routes to include starting point and termination; (f) required access to public right of way; (g) location of assembly area; (h) copy of general liability insurance stating coverage; (i) security and traffic control provisions; (j) emergency medical provisions; and (k) a clean up plan. Section 5. Permit- Application - Filing. An application for a special event permit shall be filed with the City Manager not less than fifteen (15) days before the date on which the event will occur. The City Manager shall notify the applicant in v.aiting of approval or disapproval, no later than five (5) days following the date of application. Section 6. Bond Required. The City Manager shall require a cash deposit or performance bond as a guarantee that the area or street will be cleaned and returned to the condition in which it was found. The amount shall not be less than $50.00 and no more than $500.00. The City Manager shall determine the amount of bond or deposit by considering type of event, projected number of participants and spectators, and the sponsor's experience. For an event where clean up or other potential expenses would likely exceed $500.00, the City Manager shall refer the matter to the City Council for consideration. Section 7. Insurance Required. The applicant shall show proof of liability insurance with a combined single limit of $100,000.00 for each incident. Evidence of insurance shall be filed with the application and shall name the City of Spokane Valley as additional named insured. Section 8. permit- Issuance Standards. The City Manager shall issue a special event permit unless: (a) the time, route, and size will unreasonably disrupt the movement of traffic along streets; (b) the size or nature of the event requires supervision by a significant number of police officers that causes unreasonable expense or diversion of police duties; (c) the applicant failed to remit all fees documents, or bonds; or (d) the event exceeds five (5) consecutive days. Section 9. Traffic Control. The City Manager or designee may require any reasonable and necessary traffic control with the applicant responsible for the expense. The City Manager shall notify the applicant of any City projected traffic control expense and collect this amount before a permit is issued. Section 10. Appeal Procedure. Upon denial of a permit by the City Manager, an applicant may appeal to the Hearing Examiner by filing a written notice of the appeal within ten (10) days from the City Manager's decision. Upon such appeal, the Hearing Examiner may reverse, affirm, or modify the City Manager's determination. Section 1,X. Permit Revocation or Suspension. The special event permit issued under this ordinance is temporary and vests no permanent rights in the applicant, and may be immediately revoked or suspended by the City Manager if: (a) the applicant has made a misstatement of material fact in the information supplied; (b) the applicant has failed to fulfill a term or condition of the permit in a timely manner; (c) the applicant requests the cancellation of the permit or cancels the event; (d) the activity endangers or threatens persons or property, or otherwise jeopardizes the health, safety or welfare of persons or property; (e) the activity conducted is in violation of any of the terms or conditions of the special event permit; (0 an emergency or occurrence requires the cancellation or termination of the event in order to protect the public health or safety; or (g) the applicant fails to prepay expenses. The City shall refund the permit fee in the event of revocation caused by an emergency or supervening occurrence. All other refunds shall be at the discretion of the City Manager. G:'CCiry of Spore valley 14324\Crdinances\Ordinancc No. NUI.doc Section 12. ut and Policy- To implement the Special Event permit, the City Manager may develop and adopt rules, policies arid forms consistent with this ordinance. All adopted rules, policies and forms shall be filed with the City Clerk, Section. ViolatiorxlFenaltrt , Violation of this order cc is a Class I Civil infraction. Section 14. everability. If afy section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a ;curt of competent jurisdiction, such invalidity Or unconstitutionality shalt not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 25. Effective Date. This Ordinance shall be in full force and effect five ( ) days offer the date elate of publication of this Ordinance or a summary thereof to the official newspaper of the City. ATTEST: PASSED by the City Council this Interim City Clerk, Ruth Muller Approved As To Form: Interim City Attorney, Stanley M. Schwartz Date of Publication_ Effective Date: CriC 'iky of Sp .lcma valley t4324%O di nmCCS10rdiaalix yp NUI.doc day of April, 2003. Mayor, Michael Del /leming Rpr 1 2003 15 :07 P.09 The following is the title and summary of Ordinance No passed by the City of Spokane Valley City Council on the day of April, 2003. AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING REGULATIONS FOR SPECIAL EVENTS. The introductory paragraphs state Section 1 Section 2 Section 3 Section 4 Section 5 Section '6 Section 7 Section 8 Section Section 10 Section 11 Section 12 Section 13 Section 14 Section 15 Section 16 establishes a severability clause in the event some portion of the Ordinance is held invalid. Section 17 states this Ordinance shall be in full force and effect five (5) days after publication of the Ordinance Summary. The full text of the Ordinance is available at the City of Spokane Valley City offices as identified above. A copy will be mailed out upon request. Ruth Muller Interim City Clerk Published: GAC1City of Spokane Valley 14324\ Orslinances1Ordinmtee No. NULdoe City of Spokane Valley 11707 E. Sprague Spokane, WA 99206 (509) 921 -1000 NOTICE OF ORDINANCE PASSEL) BY SPOKANE VALLEY CITY COUNCIL Apr 1 2003 15 :08 P. 10 • Return to: Daniela Erickson Spokane Valley Contract Clerk of the Board No. CO3 -19 1116 West Broadway Approved: Spokane, Washington 99260 INTERi.,AL AGREEMENT BETWEEN SPOKANE COUNTY AND CITY OF SPOKANE VALLEY REGARDING DATA PROCESSING SERVICES (April 1, 2003 — December 31, 2004) THIS AGREEMENT, IiI NT, made and entered into by and between Spokane County, a political subdivision of the State of Washington, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane, Washington, 99260, hereinafter referred to as the "COUNTY," and City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at the Redwood Plaza 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washington, 99206, hereinafter referred to as the "CITY," jointly hereinafiier referred to as the "PARTIES." WITNI SSFTH: WHEREAS, pursuant to the provisions of R.CW 36.32.120(6), the Board of County Commissioners of Spokane County has the care of county property and management of funds and business; and WHEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley established midnight, March 31, 2003, as its official date of incorporation and upon that date will commence operations as a city; and WHEREAS, pursuant to chapter 35.02 R.CW, as of the official date of incorporation, local governmental authority and jurisdiction with respect to the newly incorporated area transfers from Spokane County to City of Spokane Valley; and WHEREAS, , chapter 39,34 RCW (Interdocal Cooperation Act), authorizes counties and cities to contract with each other to perform certain functions which each inay legally perf'orrn; and WHEREAS, the City of Spokane Valley desires to contract with Spokane County through its Information Systems Department to provide quality data processing services to its staff and residents. NOW, THEREFORE, for and in consideration of the mutual promises set forth hereinafter, the PARTIES do mutually agree as follows; Page 1 of 8 SECTION NO. 1: PURPOSE/SERVICES The purpose of this Agreement is to set forth the terms and conditions under which COUNTY, through the Spokane County .Infon- nation Systems Department ("ISD °') will provide Data Processing Services (`:Services ") to CITY. Such Services include Fixed Price Services and Discretionary Services. Fixed Price Services consist of 1) Access to .PRISM, (2) Access to WebPadal, (3) Web Access, (4) Web/Email Access. and (5) GIS. Discretionary Services consist of (1) Programming Services, (2) WEB Hosting Services, and (3) GIS services not included as part of 'fixed Price Services. Such Services are more particularly discussed in Attachments "A," "13," and "C" attached hereto and incorporated herein by reference. SECTION NO. 2: DURATION This Agreement shall commence upon execution by both PARTIES 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 10 of this Agreement, Provided, however, CITY agrees that there is a certain lead time is necessary in conjunction with COUNTY providing certain Service;- Accordingly, although the terns of Agreement with commence as of the date executed by both PARITFS, Ole actual provision of certain Services will riot necessarily commence as of that date. SECTION NO. 3: COST OF SERVICES AND PAYMENTS CITY shall pay COUNTY the actual costs of COUNTY providing Fixed Price Services and Discretionary Services under this Agreement. Costs for Fined Price Services to include (1) Access to PRISM, (2) Access to WebPadal, (3) Web Access, (4) WebfFrnai] Access are set forth in Attachment "A" attached Hereto and i.ncorporated herein by reference. Costs for Fixed Price SerVies to include GIS are set forth in Attachment "B," attached hereto and incorporated herein by reference- Fixed Price GIS services includes CCIIJN FY providing one (1) GIS specialist to CITY, to be housed at CITY- CITY shall pay the full costs of such GIS specialists to include salary, benefits, supplies, materials, equipment, and administrative overhead costs. Costs for Discretionary Services to include (1) Programming Services, () WEB Ilosti.ng Services, and (3) GIS senriees not included as part of fixed Price Services are set forth in Attachment "C," attached hereto and incorporated herein by reference, 'The PARTIES agree that the costs set forth in ,Attachments "A," "13," and "C" respectively are projected costs. COUNTY will charge CITY actual costs. Actual costs will include direct labor, supervision, employee benefits, equipment rental, materials and supplies, utilities, subcontracted • work and permits and overhead costs. Labor rates can be affected by overtone, extra holiday pay, shift differential, labor contracts, and on -call rates. Accordingly labor rates set forth in Attachment Page 2 of 8 "B" will be reviewed and modified when required. COUNTY will notify CiTY in writing of any changes to or modifications of such labor rates. COUNTY will bill CITY for the cost of all Fixed Price Services, except GIS services, and Discretionary Services, monthly, during the first week of the month for the preceding month. Payments by CITY for these services will be due within 30 days of billing. COUNTY will bill CITY for costs of GIS services as set forth in Attachment "B," on a monthly basis during the first week of each month. Monthly payments will determined by dividing those costs set forth in Attachment "B" by actual number of months from the commencement of providing such services through December 31, 2004. For example, Attachment "B" contemplates a 19 month budget from April 1, 2003 through December 31, 2004. Accordingly, the monthly payments will be calculated by dividing the total 19 monthly budget of $172.980,12 by 19 and billing the CITY $9,104.22 per month. if the COUNTY does not start providing GIS services until May 1, 2003, then the budget will be adjusted accordingly, and the new budget through December 2004 would be divided by 18. At the end of calendar year 2003 and calendar year 2004, using actual expenditures for all items set forth in Attachment "13" COUNTY will determine whether or not the estimated Costs used as the basis for establishing the budget 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 Services were performed. 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: CITY RESPONSIBILITIES In conjunction with COUi\rTY providing the services described in SECTION NO. 1 CITY does: (a) Confer on COUNTY the authority to perform the GIS and mapping maintenance services within CITY limits for the purposes of carrying out this Agreement, (b) Agree that when COUNTY provides Services COUNTY ISO may exercise all the powers and perform all the duties vested by law or by resolution in the CITY or other officer or department charged by CITY with data processing services (c) Agree that the CITY shall be responsible for providing workspace and furnishing phones, desk, chair and any other items deemed necessary for GIS specialist to perform their work. (d) Agree that in connecting the CITY network with the COUNTY network the CITY incurs the legal and financial responsibility of maintaining Virus protection on all CITY desktops, and a properly configured firewall on any other connections into the CiTY network for the protection of the Wide Area network comprised of COUNTY, City of Spokane, Spokane County Health, Spokane Transit Authority, and the State of Washington. Page3of8 SECTION NO. 5: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or (2) the third day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to PARTIES at the address set forth below, or at such other address as the PARTIES shall from tune -to -time designate by notice in writing to the other PARTIES: COUNTY: Spokane County Chief Executive Officer or his/her authorized representative 1116 \Vest Broadway Avenue Spokane, Washington 99260 Spokane County Director of ISD 815 North Jefferson Spokane, Washington 99260 -0400 CiTY: City of Spokane Valley City Manager or his/her authorized representative Redwood Plaza 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 SECTION NO. 6: COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. SECTION NO. 7: SUBCONTRACT COUNTY may subcontract any of its responsibilities set forth herein provided COUNTY retains the appropriate supervision and inspection of the contractor's work. SECTION NO. 8: LIABILITY (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 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. Page 4 of 8 (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 at or omission of CITY, its officers, agents and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss or damages is brought against COUNTY, CITY shall defend the same at its sole cost and expense; provided that COUNTY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against COUNTY, and its officers, agents, and employees, or any of them, or jointly against COUNTY and CITY and their respective officers, agents, and employees, CITY shall satisfy the same_ (c) The foregoing indemnity is specifically intended to constitute a waiver of each party's immunity under Washington's Industrial insurance Act, Chapter 51 RCW, respecting the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indcmnitor's employees. The PARTIES acknowledge that these provisions were specifically negotiated and agreed upon by them_ (d) COUNTY and CITY agree to either self insure or purchase polices of insurance covering the matters contained in this Agreement with coverages of not less than $.5,000,000 per occurrence with $5,000,000 aggregate limits including for PROSECUTOR deputies professional liability and auto liability coverages. SECTION NO. 9: RELATIONSHIP OF THE. PARTIES The PARTIES intend that an independent contractor relationship will be created by this Agreement_ No agent, employee, servant or representative of COUNTY shall be deemed to be an employee, agent, servant or representative of CITY for any purpose. Likewise, no agent, employee, servant or representative of CITY• shall be deemed to be an employee, agent, servant or representative of COUNTY for any purpose. Control of personnel standards of performance, discipline and all other aspects of performance, including that of the staff, shall be covered entirely by COUNTY_ COUNTY shall furnish all personnel and such resources and materials deemed by COUNTY as necessary to provide Services described aiidfor requested by CITY. SFC.`TION NO. 10: MODIFICATION AND TERMINATION This Agreement may be modified in writing by mutual agreement of the PARTIES_ Any Party, except with respect to Fixed Cr1S Services, may temiinate this Agreement for any reason whatsoever upon a minimum of 90 days written notice to the other .arty_ Fixed GIS Services may not be terminated by CJ.TY through the initial term of this Agreement. Any Party may terminate this Agreement upon a material breach by the another Party, provided the Party seeking to terminate the Agreement shall provide at least. 30 days written notice and an opportunity to cure to the breaching Party_ Page 5 of 3 Upon termination, CITY shall be obligated to pay for only those services rendered prior to the date of termination. SECTION NO. 11: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized by COUNTY or CITY respectively in providing Services or meeting its obligations under the terms of this Agreement shall remain with Party providing such property or equipment unless specifically and mutually agreed by the PARTIES to the contrary. SECTION NO. 12: GENERAL TERMS 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. Both PARTIES agrees to aid and assist the other Party in accomplishing the objectives of this Agreement. This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. SECTION NO. 13: VENUE 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. 14: SEVERABILITY It is understood and agreed among the PARTIES that if any parts, terms or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard to the remainder of the Agreement. If it should appear that any part, term or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. SECTION NO. 15: HEADINGS The section headings appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to Page 6 of 8 define, limit or extend the scope or intent of the sections to which they pertain. SECTION NO. 16: CONTRACT ADMINISTRATION COUNTY will identify specific COUNTY liaisons to handle day -to -day operational activities related to Basic Services and Discretionary Services. CITY will identify a liaison for the same purposes. The liaisons will meet regularly to review the performance of this Agreement. The PARTIES shall each appoint representatives to review contract performance and resolve problems, which cannot be dealt with by COUNTY and CITY liaisons. The PARTIES shall notify the other in writing of its designated representatives. COUNTY and CITY liaisons will meet periodically, with either Party authorized to call additional meetings with ten days written notice to the other. Any problem, which cannot be resolved by the PARTIES' designated representatives, shall be referred to CITY Manager and the Spokane County ISD Director for settlement. SECTION NO. 17: AUDITS AND INSPECTIONS The records and documents, with respect to all matters covered by this Agreement, shall be subject to inspection, review, or audit by COUNTY or CITY during the term of this contract and three (3) years after termination. SECTION NO. 18: REPORTING COUNTY shall provide a mutually acceptable quarterly report to CITY that will contain information relating to Services performed during the preceding quarter. SECTION NO. 19 RECORDS All records prepared or produced by COUNTY in conjunction providing services to CITY under the terms of this Agreement shall be the property of the COUNTY. Upon termination of this Agreement, COUNTY agrees to make copies of all such records which may be requested by CITY. SECTION NO. 20: STAFFING COUNTY shall hire, assign, retain and discipline all employees performing Services under this Agreement according to collective bargaining agreements and applicable state and federal laws. COUNTY agrees to meet and confer with CITY with respect to GIS Specialist assigned to provide Services. Page 7of8 SECTION NO. 21: ASSURANCE COUNTY represents and assures CITY that no other city or town or municipal corporation will receive more favored treatment in receipt of Services than that made available to the CITY for similar services. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE, COUNTY, WASHINGTON ATTEST: VICKY M. DALTON CLERK OF THE BOARD BY: Daniela Erickson, Deputy M. KATE MCCASLN DATED: CITY OF SPOKANE VALLEY: Attest: By: Its: City Clerk (Title) Approved as to form only: Acting City Attorney Page 8 of 8 JOHN ROSKELLEY, Chair PHILLIP D. HARRIS, Vice -Chair FIXED PRICE SERVICES Spokane County will provide the following Data Processing Services within CITY limits of Spokane Valley. as follows (actual levels of service provided by COUNTY will be those adopted by CITY and COUNTY in annual budget processes). Data Processing service levels as set by CITY shall reflect City policies and may or may not be similar to County policies. (1) Access to PRISM $35.00 / user /ip / month (2) Access to WebPadal $35.00 / user /ip / month (3) Web Access $4.50 / user /ip / month (4) Web /Email Access $7.50 / user /ip / month By participating in the Email portion of this contract CITY will have access to the combined address book of Spokane County, City of Spokane, STA, and County Health, and GroupShield Virus protection on the Exchange Information Store for all incoming mail ATTACHMVIE\rT "A" Spokane County Contract Costs: Employee Software Maintenance: Contracted Application Software: Salary plus benefits : /SD Management Support Overhead UNIX Desktop Support: GIS Program, /Database Adnrirr Support: Avista Digits! Orthos Hourly GIS Specialist Rate Plotting Material Fees Lamination Material Fees City of Spokane Valley Direct Costs: Cost - itemization contract for GIS Services* for the City of Spokane Valley *includes 1 fulltime employee charged on a time & materials basis, workspace to be provided by CITY Arclnfo COGO ArcView Photoshop Pagemaker PRISM (10 Licenses Q $35 per station per month) GIS Specialist Sun / Citrix Spokane County Personal Access Only Full City of Spokane Valley Access County GIS Sub -Total Dependant on Materials R. Size of Plots Dependant on Materials & Size of Map Laminations HP 1050 Color Ink -Jet Plotter SEAL Laminator Onyx Poster Shop Production House Windows Personal Computer Valley City Sub -Total GRAND TOTAL: ATTACHMENT "B" Annual Costs $1,520.40 5217.20 5217.20 5200.00 5200.00 54, 200.00 .5 56,161.00 513,083.57 51, 849.76 .55, 568.08 $0.00 $5,800.00 589,017.21 550.56 52.00- 545.00 510.00- S60.00 57,000.00 55,000.00 54,000.00 $1,200.00 517,200.00 5123,417.21 Contract Period Costs April 2003 -Dec 2004 52,660.7( $380.1( $380.1( S350.0( $350.0( 57,350.0( 598,281.7: $22,896.2 53,237.0/ 59,744.1 e $0.0( $10,150.0( 5155,780.1 S 17,200.0( $172,980.1; DISCRETIONARY SERVICES COUNTY will provide the following Discretionary Services to the CITY at the same level, degree and type as is customarily provided by COUNTY to the Spokane County Departments. Actual services provided will be those requested by CITY. Such services will be in the magnitude, nature and manner requested by CITY. CITY will set its own service standards for all discretionary services. Discretionary services shall be requested by CITY as outlined in ATTACI -IMENT "C-1". (1) Technical Services - $45.00 / hour technical assistance for network and desktop issues. (2) WEB Hosting Services - $0.33 / MB / month $150.00 one time set -up fee. (3) GIS SERVICES outside of a contracted employee as outlined in Attachment 3 Hourly GIS Specialist Rate $50.56 /hour Plotting Material Fees $2.00 - $45.00 (dependent on materials & size of plots) Lamination Material Fees $10.00 - $60.00 (dependent on materials & size of plots) ATTACHMENT "C" Request Number: Nature of Request: Location: Requester Name: Telephone: Fax: Authorization of Request of Discretionary Service: City of Spokane Valley Authorized Signature Date .Date: Recommended Action: Cost Estimate: Authorization to Proceed: (Printed Name) (printed Name) CITY OF SPOKANE VALLEY REQUEST AND APPROVAL FOR DISCRETIONARY DATA PROCESSING SERVICES Project/ Work Order Number: Proposed Schedule: Spokane County TS') Director Date City of Spokane Valley Authorized Signature (if cost is over $500.00) Date ATTACHMENT "C-1" FORM A FOBh7 B Fax TRANSMISSION WITHERSPOON, KEI.LL:Y, DAVENPORT & TOOLE P,S, R EC 1100 U.S. Bank Bldg. Spokane, WA 99201 C LJ (509) 624 -5265 APR 0 1 2 Fax: (509) 458 -2728 City of Spokane To: Ruth Muller Date: April 1, 2003 Valley Fax #: 921 -1008 Pages: 10, including this cover sheet. From: STANLEY SCHWARTZ Subject: Ordinances COMMENTS: CLIENT NO. 14324 -1 CON'FIDENTIALITYNOTICE: THIS FACSIMILE TR4NSHJSSION (AND THEMATER MI.SA7TACHEDTO1T) AREPRIVATE AND CONFIDENTLa. THE INFORMATION CONTAINED IN THE MATERIALS IS PRIVILEGED AND IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL(S) OR ENTITY(TES)NAMED ABOVE IF YOU ARE NOT THE INTENDED RECIPIENT, 11E ADVISED TIL4TTHE UNAUTHORIZED LSE, DISCLOSURE, COPYING, DISTRIBUTION OR THE TAKING OF ANY ACTIO.\' IN RELIANCE ON THE CONTENTS OF THIS INFORMATION IS STRICTLY PROhfIBITED. IF YOU HAVE RECEIVED THIS FACSIMILE TRANSMISSION IN ERROR, PLE.4SE IMMEDIATELY NOTIFY US BY TELEPHONE ID ARRANGE FOR THE RETURN OF THE TRANSMITTED DOCumENTS. [ 1 ORIGENAL WILL FOLLOW [XI ORIGINAL WILL NOT FOLLOW Apr 1 2003 15:05 P. 01 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. Rpr 1 2003 15 :05 p.02 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING STANDARDS AND PROCEDURES FOR CONSTRUCTION WORK AND ACTIVITY WITHIN CITY RIGHT -OF -WAY WHEREAS, it is often necessary to perform work and/or otherwise conduct activities with the public right of way, WHEREAS, to ensure the public safety and protect the public's interest in the right of way, the City Council has determined that a permit should be obtained when work or activity obstructs the public right of way; and WHEREAS, the City Council has determined that the regulation and permitting of construction work within the streets and rights -of -way of the City of Spokane Valley is necessary to protect the safety and general welfare of the traveling public. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do ordain as follows: Section 1. Definitions. For the purposes of this Ordinance the following terms, phrases and words shall have the following meaning. A. "Applicant" is any person, firm or entity making written application to the Director for an obstruction permit. B. "City" is the City of Spokane Valley. C. "Construction work" is the excavation or above ground construction work permitted under this Ordinance. D. "Director" means the City Manager or designee (anticipated to be the Public Works Director). E. "Easement" rneans any City easement for access and public utilities, F. "Improvement" is any public or private improvement including the property of public utilities. G. "Obstruction permit ", also known as a right -of -way permit, is the authorization granted by the City to perform work or conduct activity in a specified right -of -way or Page 1 G:1CkCJty of Spobne Vo}Jcy 143241ptdinancc 1/40Winanee No. CP,doc easement. Apr 1 2003 15 :05 P. 03 H. "Perrnittee" is any person who has been granted and has in full force and effect a permit issued hereunder, "Person" is any person, firm, corporation or service provider. 3, "Public Infrastructure" is any necessary construction, performed within, the City right- of - way or on private property, to install City facilities, including streets, sidewalks, storm drainage, street lights, sanitary sewers and/or water lines and necessary appurtenances, as identified within City standards. K. "Right-of-Way" Or "Public Way" means all property in which the City has any form of ownship or title and which is held for public street or utility purposes, regardless of whether or not any street or utility exists thereon or whether it i5 used, improved or maintained for publ o liSE;- l "Street" is any street, highway, sidewalk, alley, avenue or other public way, easerment, or other public place in the City_ Section 2. Obstruction Perrnit An obstruction permit is required of any person who performs construction work or otherwise engages in activity within existing or proposed City rights -of -way, streets, easements, or on City owned infrastructure. to the case of azr emergency, a private or public utility may comrnerice work prior to obtaining a permit, provided the person obtains a construction permit within forty -eight (48) hours after work is commenced. Section 3. Obstruction Permit-Application. No obstruction permit shall be issued unless a written application is submitted and approved by the Director. The application shall, at a minimum, contain the following: A. Construction plans or drawings approved by the Director; B. The period of time during which the right ofway will be obstructed', and C. Proof of the contractor's and all subcontractor state licensing, insurance and requirements_ Depending upon the nature and extent of the construction activity or work, the Director may require engineering, restoration and drainage plans be prepared by a Washington licensed engineer at applicant's sole cost and expense_ Section 4. Obstruction .Permit Fees, Obstruction Peimit fees shall be adopted by Resolution of the city Council, Page 2 G_`,ClCir, of Spokane valley J4 324 dinoJSCO Oprdinoncc No. C PJdoc , , y, .. • !.: ':r=te . " :1 1 r}`,:i \•�1. yj L4 Apr 1 2003 15 :06 P.04 Section 5. Notice Required. The applicant shall give to the Director notice not less than forty-eight (48) hours before any work or activity is commenced and shall notify the Director upon completion of the same. In the event of an unexpected repair or emergency, work may be commenced as required under the circumstances. Unexpected repairs and emergency work shall comply with all other requirements of this Ordinance. Section 6. Construction Standards. All work within the City right -of -way shall be in accordance with adopted City standards in effect at the time of the application for the permit. Section 7. Maintaining Access. In the event it is necessary for the permittee to excavate the entire width of the street, no more than half of the street shall be opened at one time. Such portion of the work shall be backfilled and completed before the remaining portion of the street may be opened. If it is impossible to permit the work without opening the entire width of the street at one time the permittee shall furnish facilities, such as bridges or other suitable means, to allow the flow of traffic without unnecessary congestion. The Director may, with the concurrence of the Chief of Police and Fire Chief, permit a street to be blocked for a short period of time where suitable detours can be provided and the public will not be unnecessarily inconvenienced. Section 8. Traffic Control. Permittee is responsible for all traffic control and assumes the responsibility to maintain appropriate signage, signals and barricades that protects the public safety. Permittee shall provide for the safe operation of all equipment, vehicles and persons within the right of way. Section 9. parnage to Existing Improvements. All damage to existing public or private improvements during the progress of the construction work or activity shall be repaired by the permittee. Methods and materials for such repair shall conform with adopted City standards. If the permittee fails to furnish the necessary labor and materials for such repairs, the Director shall have the authority to cause said necessary labor and materials to be furnished by the City and the cost shall be charged against the perrnittee. Such charge shall be immediately paid by permittee and shall, if not paid on demand, be deemed a valid claim on the bond filed with the City. Section 10. Citv's Right to Restore Right - of Wav and Easements_ If the permiuee fails to restore any City right -of -way or easement to its original a proper condition upon the expiration of the time fixed by such permit or shall otherwise fail to complete the right -of -way construction work covered by such permit or if the work of the perrnittee is defective and the defect is discovered within one (1) year from the completion of the right -of -way construction work, the Director or designee shall have the right to do all work and things necessary to restore the right-of-way and/or easement and to complete the right -of -way construction work. The perrnittee shall be liable for all costs and expenses of restoration or completion. The City shall have a cause of action for all fees, expenses and amounts paid for such work. Following demand, the City may enforce its rights pursuant to this Ordinance_ No additional Page 3 Gf CCiyy of Spokane valley 14 324lOrdinanceskOrdininte To. CP.doc Apr 1 2003 15:06 P. 05 permits shall be granted until the invoke for City- performed work has been paid. Section 11L. Bond. For the purpose of providing for the completion of the work or otherwise restoring the right of way to City standards, applicant shall post a performance bond with the City Clerk. The bond shall be 0) issued by a surety licensed to do business in the State of Washington and (2) in an amount equal to 100 percent of the estimated cost of the work, (or other reasonable measure of value) solely determined by the Director. If the improvements have not been timely or satisfactorily completed, the Director shall give notice of the sane to permit The Notice shall state; (1) the work to be done; (2) the time to complete the work which shall not exceed 30 clays; and ( that if the work is not commenced and completed vdthin the time allotted, the City will cause the work to be completed and use the bond proceeds to pay for the same. All costs in excess of the bond proceeds may be recovered through appropriate legal actiou by the City Attorney. A bond may be waived wheare proof of self - insurance is provided. The Director is authorized to reduce the amount of the Bond where good cause exists. Section 12. Insurance - Evidence. Permittee, prior to the commencement of construction hereunder, shalt furnish the Director satisfactory evidence in writing that the permitter has in force during the perfonuance of the construction work or activity, commercial general liability insurance of not less than on million. dollars (51,000,000.00) per occurrence and one million dollars (51,000,000,00) general aggregate duly issued, by an insurance uowpany authorized to do business in this state, In addition, the policy shall name the City as an additional named insured_ The Director may reduce the insurance limits if good cause exists. Section 13. Indemnification and Hold Harmless. The permjttee shall defend, indemnify and hold harmless the City, its officers, officials, employees and volunteers from any and all claim, , iujurie.s, damages, losses or suits, including attorney fees, arising out of the pernut issued ondcx this ordinance except as may be caused by the negligence or willful conduct on the part of the City. Section 14. Rules and Polk y. To implement the Obstruction Perrrkit and provide for the public health and safety the Director, under the supervision of the City Manager, may develop and adopt rules, policies and forms consistent wii;h the ordinance_ All adopted rules, policies and forms shall be fi]ed with the City Clerk, Section 13. Penalties. Any person violating the provisions of this Ordinance shall be deemed to have committed a Class I Civil Infraction. For any violation of a continuing nature, each days violation shall be considered a separate offense_ Section 16. Severability. The invalidity of any section, subsection, provision, clause, or portion thereof, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this Ordinance or the validity of its application to other persons or circumstances. Page 4 G: CCity of Spokane Vstley t 4 324kOrdinanceArardin:noe N Cp.det :d.e._. , " • Section 17. Effective Date. This Ordinance shall be in full force and effect five (5) days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. ATTEST: Passed By the City Council of the City of Spokane Valley on April —, 2003. Interim City Clerk, Ruth Miller Approved As To Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: Page 5 GACICi y of Spokane Valley 14 320.0xlinanceskOtdinance No. CP.doe Mayor, Michael DeVleming Rpr 1 2003 1506 P. 06 0401Y2003 TUE 13:43 FAX 54'..; . r. i %i r S P O K A N Li ` =i'di �} (�: -,�' z C O U' N' March 28, 2003 Dear Lee: Mr. Lee Walton, Acting City Manager City of Spokane Valley 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 Re: Interim Animal Control Services OFFICE ervices OFFICE OP COUNTY COMMISSIONERS FRAI:CINE M. 3OxkR CHIEF EXECU71vE OFPtCkk X1001/002 RECEIVED APR 0 1 2033 City of Spokane Valley This correspondence is in follow up to your phone conversation with Commissioner McCaslin. In that conversation you indicated that the City of Spokane Valley would be executing the lnterlocal Animal Control Services Agreement ("Agreement") with the County during the first week of April, possibly on the 1' or 3` That is great news. I know that the City will be most happy with the manner in which Nancy Hill and her department provide animal control services. In conversations with Jim Emacio, I have learned that the City adopted the County's Animal Control Ordinance and it will become effective as of your official date of incorporation. Although the City has not yet executed the Agreement, I believe it would be in both the County and City's best interests that the County, through its Animal Control Department, continue to provide animal control services as outlined in the Agreement, except as to any services requiring a. commission, until the City and County sign the Agreement. Accordin,Jy, pursuant to the terms of this letter, the County would agree to provide those animal control services set forth in the Agreement, a copy of which is enclosed. Those services would not include any activities requiting a commission from the City's Chief of Police. 1116 WIST ISROADWAY AVENUE • SPO_xAN , viA 99260 -0100 • (509) 477.2265 • FAX: (509) 477 -22 • fboxeI€ pokat county,org 04101!2003 TUE 13:43 FAX 3002!002 Mr. Lee Walton, Acting City Manager March 28, 2003 Page 2 These services would be performed until both Parties formally execute the Agreement (to include one similar thereto) or either Party decides to terminate this letter Memorandum of Understanding upon 24 -hours notice. A daily fee will be charged for providing such services. It would be calculated by taking the 9 -month figure of S286,083.00 and divide it by 274 days. This would equate to a daily rate of $1,044.10, Billings would occur once the lnteriocal Agreement is executed. If this proposal is acceptable to you, please execute this correspondence in the space provided for hereinafter and forward the original to my attention. Sincerely yours, c A FRANCINE M. BOXER Chief Executive Officer Enclosure OE'1 Ain xix 0323U3.UOC Reviewed and Accepted this day of , 2003. LEE WALTON, Acting City Manager SrEYCN J. Tuclallt PRotsECvnNG ArroRN2Y ❑ • Criminal Department PS13-1 1100 W. Mallon Avenue Spokane, WA 99260.3270 (509) 477 -3662 FAX 477-3409 T00(21 - it . '3 - .. . ._.. Ili ,1„.: I� C„ t S P O K A N E ! r gii;4 1 : : Z.,F a ' :..'. 2 Please PAX to: Ruth Muller City Clerk FAX Phone No: (509) 921-1008 ***•************************************” * * * * * * *• * * * * * * * * * * * * * * * * * * * * * ** From: James P. Emacio Chief Civil Deputy Prosecuting Attorney, Civil Division Spokane County Prosecuting Attorney's Office Telephone No.: (509) 477 -5764 FAX Phone No.: (509) 477 -3672 ***************************** * * * * * * * *** ** *** ** ** * * * * * ** ** * ** **444** * ** * ** Re: Interlocal Agreement: • Animal Control • Animal Spokane Valley Services • Animal Spokane Valley Costs • Animal Spokane Valley Time Study If there are any questions regarding the message sent, please contact Tamara, Civil Department, Prosecuting Attorney's Office, 477 -5764. ********* w************************.•************ s***** * * ** * * * * * * *.or*. * * ** * * * ** * ** * ** *444.4- * * * ** ** NOTICE: The information contained in this transmission is privileged and confidential. It is intended for the use of the individual or entity named above. If the reader of this message is not the intended addressee, the reader is hereby notified that any consideration, dissemination or duplication of this communication is strictly prohibited. If the addressee has received this communication in en please return to the above address by mail and notify this office immediately by telephone. Thank you. WARMING: Most Fax machiues produce copies on thermal paper. The image produced is highly unstable and will deteriorate significantly in a few years. This record should be copied on a plain paper copier prior to filing as a record. ❑ Gull Deptramsnt S &T 1115 W. Droadway Spokane, WA 99260-0270 (509)477-5764 FAX:477 -3672 OFvica OP PROSECUTING MIORNEY March 5, 2003 ❑ Dcenestie V1Otence Unit PS&1 9W N Monroe, Suite 200 Spokane, WA 99201 (509) 835 -4500 i:AX8354552 Pages 17 0 Drug/Property Department PSB-1 721 N. Jefferson Spokane, WA 99260.0270 (509) 477-6416 FAX: 477 -6450 RECEIVED MAR 0 5 NW City of Spnkane Valley COUNTY MAIL 10: Civil Division MAIL STOP S&T 1116 W. Broadway Avenue Spokane, WA 99260 -0270 (309) 477 -5764 FAX 477 -3672 0 • Juvenile Department FSt3 -1 1208 W. Mallon Avenue Spokane, WA 99260-4T270 (509) 477-6046 FAX: 4774444 1IA10 tad 00 MOdS gL9E LLt' 609 DA Tt= :ET E00g /90/E0 Emacio, James To: Iwalton@spokanevalley.org; rmuller@spokanevalley.org; smcnutt @spokanevalley.org: sms @wkdtlaw.com Cc: McCaslin, Kate; HIII, Nancy; Famell, Marshall Subject: Animal Control Interlocal Lee: Attached is an Interlocal Agreement for Animal Control Services to include attachments. I will fax a hard copy to Ruth. Jim zooE !�1 l�l animal control Animal - Spokane animal- Spokane animal- Spokane valley 0305934.., Valley Services... Valley costs R... Valley Time SW... 1 "IIAID Vd OD MOBS ZL9C LLB 60S XVd TO: CT EO07. /20 /E0 Return to: Daniein Erickson Clerk of the Board 1116 West Broadway Spokane, Washing 99260 I1RLOCAL AGREEMENT FOR AIi IAL CONTROL SERVICES fN THE CITY OF SPOKANE VALLEY (April 1, 2003- December 31, 2004) THIS AGREEMENT, made and entered into by and between Spokane County, a political subdivision of the State of Washington, having offices for the transaction of business at West 1116 Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as "COUNTY," and the City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at the Redwood Plaza, 11707 Bast Sprague Avenue, Suite 106, Spokane Valley, Washington 99206, hereinafter referred to as "CITY," jointly hereinafter referred to as the 'PARTIES." W I T N E S S E T H: WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners has the care of County property and the management of County funds and business; and WHEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley established 12;01 A.I., April 1, 2003, as its official date of incorporation and upon that date will commence operations as a city; and WHEREAS, pursuant: to chapter 35.02 ,RCW, as of the official date of incorporation, local governmental authority and jurisdiction with respect to the newly incorporated area transfers from Spokane County to the City of Spokane Valley; and WHEREAS, chapter 39.34 RCW (Interlocal Cooperation Act), authorizes counties and cities to contract with each otb to perform certain functions which each may legally perform; and Page 1 of 9 VO4 Vd Do )1OcS 7LFn £LV ZI; ¶t VO4F:1gI/ C WHEREAS, pursuant to RCW 36.32.120(6) and RCW 36.32.120(7), Spokane County, through its Board of County Commissioners, may enact ordinances dealing with animal control within the unincorporated area of Spokane County; and WHEREAS, the City of Spokane Valley may enact ordinances dealing with animal control within its boundaries; and WHEREAS, Spokane County has established an Animal Control Department managed by an Animal Control Director. Spokane County also owns and operates an animal shelter located at 2521 N. Flora Road, Spokane Valley, Washington; and WHEREAS, the City of Spokane Valley desires to employ the services of Spokane County to perform certain animal control functions within the boundaries of the City of Spokane Valley. NOW THEREFORE for and in consideration of the mutual promises set forth hereinafter the PARTIES do hereby agree as follows: SECTION NO. 1: PURPOSE The purpose of the Agreement is to reduce to writing the PARTIES understanding as to the terms and conditions under which COUNTY, through its Animal Control Department, will provide "Animal Control Services" to CITY within its boundaries. It is the intent of the PARTIES that Animal Control Services to be provided by COUNTY will be consistent with the City's Council/Manager form of government provided for in chapter 35A.13 RCW and within the statutory responsibilities of a City Animal Control Officer. For the purpose of this Agreement, Animal Control Services shall encompass the duties and functions which the COUNTY'S Animal Control Department customarily provides within the unincorporated areas of Spokane County. Said services shall include: 1. Enforcement of CITY'S Animal Control Ordinance; 2. Enforcement of CITY'S Inherently Dangerous Mammals/Reptiles Ordinance; 3. Enforcement of chapter 16.08 RCW (Dogs); 4. Enforcement of. chapter 16.52 RCW (Prevention of Cruelty to Animals); and 5. Enforcement of chapter 16.54 RCW (Abandoned Animals). Enforcement includes those items sct forth in Attachment "A," attached hereto and incorporated herein by reference, as they relate to "field services," "shelter services" and "educational services;" the licensing of dogs, cats and inherently dangerous Page 2 of 9 vooe iIAI) Vd OD NOdS ZL9E LL4 6OS YYd Zv :E[ EOOZ /SO /E0 marnnia]s /reptiles; and appearing before all administrative and judicial hearings in conjunction with such duties and functions. COUNTY, at its discretion, may conduct surveys within CITY for unlicensed dogs and cats. In conjunction with the enforcement of 1 and 2 herein above, CITY shall adopt and keep current by appropriate legislative action, an (i) Animal Control Ordinance and (ii) Inherently Dangerous Mammals/Reptiles Ordinance substantially identical to those adopted by COUNTY as they presently exist or as they may hereinafter be modified/amended, to include all fees/penalties. This responsibility shall not be deemed a restriction upon the CITY's legislative power. COUNTY'S ordinances are respectively codified as of Chapter 5.04 of the Spokanc County Code and Chapter 5.12 of the Spokane County Code. COUNTY shall provide CITY with a copy of Chapter 5.04 and Chapter 5.12 of the Spokane County Code and all subsequent modifications /amendments thereto. CITY shall provide COUNTY with copies of its adopted /amended Ordinances substantially identical to Chapters 5.04 and 5.12 of the Spokane County Code. CITY shall provide legal counsel to prosecute any citations /complaints issued by COUNTY in enforcement of 1 through 5 herein above in the Municipal Court or Superior Court. In performing the above services, COUNTY will provide such personnel, as it deems necessary as well as any and all vehicles and materials of any kind or nature whatsoever at no cost to CITY. Standards of performance, discipline of employees, and other matters incidental to providing such Animal Control Services to include control/supervision of personnel shall remain in COUNTY. All persons employed in the performance of Animal Control Services shall be COUNTY employees. COUNTY Animal Control Director agrees to meet and confer with CITY with respect to staff assigned to provide Animal Control Services. Issues of discipline or performance will be specifically left to COUNTY. COUNTY shall designate those persons it desires to be commissioned by CITY'S Chief of Police to issue notices of infraction and criminal citations contemplated by this Agreement. COUNTY will provide CITY's Chief of Police with appropriate information to demonstrate the qualifications of the designated person to act under commission of CITY'S Chicf of Police. Nothing herein contained shall make any employee of COUNTY an employee of CITY. The COUNTY Animal Control Director or his/her designee agrees to attend staff meetings as requested by the CITY Manager. Page 3 of 9 SOo ij3j 1TATD Vd 03 NOdS ZL9£: at 60S xv. Z6:£T 007.. /2O /£0 CITY shall supply at its own cost and expense any special supplies or stationary which it requests COUNTY use in providing Animal Control Services. COUNTY will provide Animal Control Services above and beyond those set forth herein to CITY at cost negotiated between CITY and COUNTY. SECTION NO. 2: DURATION This Agreement shall be effective at 12:01 A.M. on April 1, 2003, and run through 12:00 P.M. December 31, 2004, unless one of the PARTIES provides notice of termination as provided in Sections No. 4 and 9 of this Agreement. SECTION NO. 3: COST OF SERVICES AND PAYMENTS CITY shall pay COUNTY the actual costs for Animal Control Services provided under this Agreement. The estimated cost for. Animal Control Services under this Agreement for calendar year 2003 shall be TWO HUNDRED EIGHTY SIX THOUSAND EIGHTY THREE DOLLARS ($286,083). CITY'S cost was arrived at by using the methodology set forth in Attachment "B," attached hereto and incorporated herein by reference. The methodology contemplates that COUNTY will retain all revenues as outlined in Attachment "B," collected from performing such services. The PARTIES agree to use the same methodologies contained in Attachment "B" to arrive at the estimated costs for calendar year 2004 Animal Control Services. The PARTIES recognize that the costs will more than likely increase in 2004. For instance, staff may receive salary adjustments by COUNTY and/or the maintenance and operation expenses of the Animal Control Office may increase. These increases or potential decreases will be reflected in the figures used in the methodologies for calculating the CITY'S 2004 estimated costs. Additionally, the methodologies will use the Spokane Animal Control Department Time Study Analysis Report ( "Report "). This Report tracks the actual amount of time spent by Animal Control staff on animal control services in CITY and other areas of Spokane County. At the end of calendar year 2003 and calendar year 2004 respectively, using the numbers in the Report, COUNTY will determine whether or not the estimated percentage number used as the basis for calculating costs of Animal Control Services was accurate. To the extent that CITY was over billed in any year, it will receive a credit to be applied as mutually agreed. If CITY was under billed, it will receive a debit in the subsequent billing. The adjustment will normally take place in March of the year following the year Animal Control Services were performed. Page4of9 900 IJ 1IAI3 Vd 03 NOBS ZL9£ LLV 60t )Vd tit' :£T £00 /B0 /£0 COUNTY will bill CITY for the cost of services as outlined, monthly, during the first week of the month. Payments by CITY will be due by the 5 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: NOTICE All notices or other cornrnurtications given hereunder shall be deemed given on: (1) the day such notices or other communications arc received when sent by personal delivery; or (ii) the third day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to PARTIES at the address set forth below for such Party, or at such other address as PAW] I S shall from time -to -time designate by notice in writing to the other PARTY: COUNTY: CITY: SECTION NO. 5: COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. SECTION NO. : ASSIGNMENT Spokane County Chief Executive Offc .r or his/her authorized Yeprusentative 1116 West Broadway Avenue Spokane, Washington 99260 Anirnal Control Shelter 2521 North Flora Road Spokane Valley, Washi neon 99216 Attention; Animal Control Director City of Spokane Valley City Manager or hislher authorized representative Redwood Plaza 11707 Fast Sprague Avenue, Suite (06 Spokane Valley, Washington 99206 Inc Party may assign in whole or in part its interest in this Agreement without the approval of all other PARTIES. Page 5 of 9 Loci '1uA7: Vd OD iTOdS 7,t L!a so(J Y\ [ €Y 1MU2120 /TO SECTION NO. 7: LIABILITY (a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of COUNTY, its officers, agents and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against CITY, COUNTY shall defend the same at its sole cost and expense; provided'that CITY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against CITY, and its officers, agents, and employees, or any of them, or jointly against CITY and COUNTY and their respective officers, agents, and employees, COUNTY shall satisfy the same. (b) CITY shall indemnify and hold harmless COUNTY and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of CITY, its officers, agents and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against COUNTY, CITY shall defend the same at its sole cost and expense; provided that COUNTY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against COUNTY, and its officers, agents, and employees, or any of them, or jointly against COUNTY and CITY and their respective officers, agents, and employees, CITY shall satisfy the same. (c) The foregoing indemnity is specifically intended to constitute a waiver of each party's immunity under Washington's .Industrial Insurance Act, Chapter 51 RCW, respecting the other party only, and only to the extent necessary to provide the indenmified party with a full and complete indemnity of claims made by the indemnitor's employees. The PARTIES acknowledge that these provisions were specifically negotiated and agreed upon by them. (d) COUNTY and CITY agree to either self insure or purchase polices of insurance covering the matters contained in this Agreement with coverages of not less than $5,000,000 per occurrence with $5,000,000 aggregate limits including for COUNTY professional liability and auto liability coverages. SECTION NO. 8: 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 Page 6 of 9 9000 •rr.AIO Vd 03 )IOdS ZL9E LL6 GO(1 XVd WET 0007/SO/E0 agent, employee, servant or CITY representative shall be deemed to be an employee, agent, servant or representative of COUNTY for any purpose. SECTION NO. 9: MODIFICATION/TERMINATION This Agreement may be modified in writing by mutual agreement of the PARTIES. Any Party may terminate this Agreement for any reason whatsoever upon a minimum of 180 days written notice to the other PARTIES. Upon termination, CITY shall be obligated to pay for only those Animal Control Services rendered prior to the date of termination based upon a pro rata division of those costs set forth in Section No. 3 herein above to the date of termination. Upon termination, at CITY'S option, COUNTY shall continue to provide Animal Control Services to completion for those criminal/infraction cases filed prior to the effective date of the termination. SECTION NO. 10: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized in by COUNTY is providing Animal Control Services shall remain with the COUNTY unless specifically and mutually agreed by the PARTIES to the contrary. SECTION NO. 11 : ALL WRIT1 NGS CONTAINED RERUN/BINDING EFFECT This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change or addition is in writing, executed by the PARTIES. This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. SECTION NO. 12: DISPUTE RESOLU'T'ION Any dispute among the PARTIES with respect to the methodologies used to calculate the 2004 costs of Animal Control Services under the terms of this Agreement that cannot be resolved between the PARTIES shall be subject to arbitration. Page 7 of 9 60012 l LAID V61 OD MOdS 7,L9£ at 605 IVA tV: £T £007 /20 /£0 COUNTY and CITY shall each have the right to designate a person to act as an arbitrator. The two selected arbitrators shall then jointly select a third arbitrator. The decision of the arbitration panel shall be binding on COUNTY and CITY. The costs of the arbitration panel shall be jointly split between COUNTY and CITY. The decision of the arbitration panel shall be binding and not subject to judicial review. SECTION NO. 13: VENUE STIPULATION This Agreement has been and shall be construed as having been made and delivered within thc State of Washington and it is mutually understood and agreed by each party that this Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. SECTION NO. 14: SEVERABILITY It is understood and agreed among the PARTIES that if any parts, terms or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and thc rights and obligations of the PARTIES shall not be affected in regard to the remainder of the Agreement. If it should appear that any part, term or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. SECTION NO. 15: HEADINGS The section headings appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to define, limit or extend the scope or intent of the sections to which they pertain. SECTION NO. 16: DESIGNATION OF ADMINISTRATOR COUNTY appoints thc COUNTY Animal Control Director or his/her designee as its agent for the purposes of administering the terms of this Agreement. COUNTY Animal Control Director agrees to meet with CITY on a monthly basis to review the services being provided herein. The Animal Control Director or his /her designee will immediately notify the CITY Manager or his/her designee of any Animal Control emergency within CITY. Page 8 of 9 OTO J 1IAIO Vd 00 ?IOdS gL9E LL6 60S XVd PET EOOg /SO /EO SECTION NO. 17: RECORDS All public records prepared, owned, used or retained by COUNTY and/or Animal Control Department in conjunction with providing Animal Control Services under the terms of this Agreement shall be deemed CITY property and shall be made available to CITY upon . request by CITY Manager. COUNTY or Animal Control Department will notify CITY of any public disclosure request under chapter 42.17 RCW for copies or viewing of such records as well as the COUNTY'S response thereto. SECTION NO. 18: ASSURANCE COUNTY represent and assure CITY that no other city or town will receive more favored treatment in receipt of Annual Control Services than that made available to CITY for similar services. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE, COUNTY, WASHINGTON ATTEST: VICKY M. DALTON CLERK OF THE BOARD BY: M. KATE MCCASLIN Daniela Erickson, Deputy DATED: Attest: (Title) City Clerk Approved as to form only: H:1Valley City'Dhaft CantractsVuliiml Cattrnitianimal eantztl valley 030503- final.doc 0 [in 1IAIO Vd OD NOdS 7.L9£ LLt' 6OS XVd SP: CT T £00Z /90/£0 Acting City Attorney Page 9 of 9 JOHN ROSKELLEY, Chair PHILLIP D. HARRIS, Vice -Chair CTTY OF SPOKANE VALLEY By: Its: Fietd Services: Animal Control Services All field services are provided during normal hours of operation: Norma/ hours of operation- animal control officer on duty: Monday — .Friday 7'00 AM 6:00 PM & Saturday 9:00 AM — 5.00 P — except holidays • Dog at large complaints • Cat at large on private property • Dog barking • Dog or at no license • Dog or cat no rabies vaccination ■ Dog threatens person • Dog threatens domestic animal • Dog or eat bite • Injured dog or cat • Sick dog or cat • Agency assist • Abandoned anitner ■ Animal cruelty • Dead on arrival dog or cat • Confined dog or cat • Trapping dog or cat • Vicious dog • Kennel inspections • Dangerous dog inspections _ • Inherently dangerous mammal or reptile inspections • Other :.s deemed necessary by the department Emergency services only after normal hours of operation: • Injured or sick dogkcat. • Doglcet bite — dogicat is still at large. • Dog bite — severe dog bite (victim is in hospital and dog will need to be quarantined immediately in the county shelter). • Vicious or threatening dog — dog threatens persons or domestic animals and is still at large. • Animal in our humane trap that is making a disturbance or injuring itself. • Other raw enforcement agency requests our assistance when animals are involved. • Other emergency such as extreme cruelty, pet dying in a bot vehicle, etc. • Exotic DANGEROUS PET at large (i.e.; cougar, tiger, wolf, hear, etc.). • Multiple calls on same problem — animal control officer on calf will evaluate and snake a determination on whether to respond. ATTAiEM' "A" 7IAID Vd OD iOdS 19 LLt 60g rii 9t:ET £047.1 Shelter Services: Shelter hours: Monday, Tuesday, Thursday and Friday 10:00 AM — 5:30 PM & Saturday 1 :00 PM — 4:30 PM — closed Wednesday, Sunday and holidays Full service animal shelter — • Housing dog/cat — occasional other animal • Pet license program • After hours animal receiving room • Animal redemptions • Adoption program • Volunteer program • Dog training program • Trapping program • Crematorium on site Educational Services: • Dog bite prevention program - elementary schools and service workers • School career fair participation • Specialty presentations available upon request • Public service announcements = newspaper, radio, television • Community outreach — fair booth, license clinics, special events, etc. • Website Page 2of2 11AID Vd OD WOdS ZL9£ LLt 609 7iv.:1 96:£1 £OOZ /SO/£0 Director Staff Assistant Secretary Animal Control Officers -- 6 Animal Control Assistants -- 3.5 $86,110 $47,841 $46,240 $321,579 $121,245 Kennel Maintenance Officer $43,711 Kennel Maintenance Assistants -- 2 $64,047 Animal License Agents -- 1.6 $63,252 Budgeted Overtime Costs $16,448 Based on 2003 Budget $810,473 Maintenance & Operations 'Actual Costs 2002 Supplies $56,510 Uniforms $5,203 Professional Services $8,214 Telephone /Answering Service & Cell $11,426 Postage $20,817 Advertising $5,869 Training $2,143 Repair & Maintenance of Equipment $8,182 Dues & Membership Fees $319 Printing $5,704 Vehicle Expense $46,068 Insurance Expense $1,114 Utility Services $2,454 Parking Permit $144 Based on 2002 adopted budget `Total $174,167 Equipment & Technology Updates Stainless Steel Pet Bowls $917 Digital Pagers 11 @ 98.00 each $1,078 Floor Machine $6,737 Projected needs for 2003 Total $8,732 Cost Allocations* $211,652 Salary & Wages includes benefits Spokane County Animal Control Department Expenses Revised February 18, 2003 Adopted for 2003 Totals $1,205,024 *Based on OMB -A-87 Cost Plan — 2003 Includes credit for building and equipment depreciation. ATTACHMENT "B" 6TOIJ 91A1a Vd 00 90dS ZL9C LLt' 60S XVd 9ti =CT COOZ /SO /CO Pet Licenses $312,262 Pet Adoptions $17 Animal Shelter Fees $47000 Animal Control Services $23,574 Investment Interest _ $3,422 Animal Sale $9,353 Violations $9,000 Total $421,611 Page 2 of 4 Revenue Classifications Spokane County Animal Control Revenue Projections for 2003 Revised February 18, 2003 IIAJ VAT (11 Mf]dS 9C L14 GOS YVd 94'ET DOT19O1E4 Department Expenses Department Revenues Cost of Animal Control Spokane County Animal Control Revised February 18, 2003 Cost for providing the current level of service to the City of Spokane Valley. $1,205,024 $421,611 $783,413 X 48.69% = $381,444* Spokane County Animal Control currently provides 48.69% of it's services within the city limits of Spokane Valley. The cost to the city of Spokane Valley is based on estimated expenses offset by projected revenues. *This is a 12 -month figure from April 1, 2003 through December 31, 2003 amount is $286,083.00 Page 3 of 4 Service S I okane Valley Our Weight Total Request for service — ACO 49.34% 40% 19.74% Animal Impounds 47.64% 35% 16.67% Investi • ations Emergency calls 48.25% 15% 7.24% 48.51% 7% 3.40% Trapping Program 54.17% 3% 1.63% Total 48.69% LTO ) Page 4 of 4 Spokane County Animal Control Time Study — Percentages for the City of Spokane Valley 1IAIO 4d 00 )IOcS ZL9C LLfi 60S XV4 LVCT COOZ /SO /CO