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2010, 01-19 Regular Meeting AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING FORMAL MEETING FORMAT Tuesday,January 19,2010 6:00 p.m. Spokane Valley City Hall Council Chambers 11707 E Sprague Avenue Council Requests Please Silence Your Cell Phones During Council Meeting CALL TO ORDER: INVOCATION: PLEDGE OF ALLEGIANCE: ROLL CALL: APPROVAL OF AGENDA: INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: MAYOR'S REPORT: PUBLIC COMMENTS: This is an opportunity for the public to speak on any subject not on the agenda for action. When you come to the podium, please state your name and address for the record and limit remarks to three minutes. 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. a. Approval of the following claim vouchers: VOUCHER LIST DATE W/VOUCHER NUMBERS: TOTAL AMOUNT 01-07-2010 (year 2010) 19331-19334 $2,378.57 01-08-2010 (year 2009) 19337-19353 $3,264,279.48 01-08-2010 (year 2010) 19354 $4,594.00 01-12-2010 (payroll) 3041, 3042, 3043, 19325, 19335, 19336, $208,769.21 19355, 19356 GRAND TOTAL $3,480,021.26 b. Approval of Council Meeting Minutes of January 5, 2010 NEW BUSINESS: 2. Second Reading Proposed Ordinance 10-001 Amending Gambling Ordinance—Ken Thompson [public comment] 3. Second Reading Proposed Ordinance 10-002 Amend 17.100.030 -Cary Driskell/Jeana Poloni [public comment] 4. Proposed Resolution 10-001 Homeless Housing and Assistance Act—Mike Connelly [public comment] 5. Proposed Resolution 10-002 Amending Fee Resolution—Mike Stone [public comment] Council Agenda 01-19-10 Regular Meeting Page 1 of 2 6. Motion Consideration: CenterPlace Food Service Contract—Mike Stone [public comment] PUBLIC COMMENTS: This is an opportunity for the public to speak on any subject not on the agenda for action. When you come to the podium, please state your name and address for the record and limit remarks to three minutes. ADMINISTRATIVE REPORTS: 7. Animal Control—Cary Driskell/Nancy Hill/Commissioner Todd Mielke 8. False Alarms—Rick VanLeuven/Cary Driskell 9. Ed Byrne JAG Grant— Cary Driskell 10. City Manager Vacancy—Mike Connelly 11. Advance Agenda Discussion—Mayor Towey INFORMATION ONLY: (will not be reported or discussed) 12. Paveback 13. Fee Resolution ADJOURNMENT General Meeting Schedule(meeting schedule is always subject to change) Regular Council meetings are generally held every Tuesday beginning at 6:00 p.m. The Formal meeting formats are generally held the 2nd and 4th Tuesdays. Formal meeting have time allocated for general public comments as well as comments after each action item. The Study Session formats (the less formal meeting) are generally held the 1St 3rd and sometimes 5th Tuesdays. Study Session formats DO NOT have time allocated for general public comments; but if action items are included, comments are permitted after those specific action items. NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical,hearing,or other impairments,please contact the City Clerk at(509)921-1000 as soon as possible so that arrangements may be made. Council Agenda 01-19-10 Regular Meeting Page 2 of 2 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 01-19-10 City Manager Sign-off: Item: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Approval of the Following Vouchers: VOUCHER LIST DATE W/VOUCHER NUMBERS: TOTAL AMOUNT 01-07-2010 (year 2010) 19331-19334 $2,378.57 01-08-2010(year 2009) 19337-19353 $3,264,279.48 01-08-2010(year 2010) 19354 $4,594.00 01-12-2010(payroll) 3041, 3042, 3043, 19325, 19335, 19336, $208,769.21 19355, 19356 GRAND TOTAL $3,480,021.26 RECOMMENDED ACTION OR MOTION: Approve claims for vouchers as listed above. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Ken Thompson, Finance Director ATTACHMENTS Voucher Lists vchlist 01/07/2010 8:48:03AM 20 Voucher List Page: 1 Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO# Description/Account Amount 19331 117/2010 002237 CITI MORTGAGE, INC. CIP NO 0088 ROW ACQUISITIONS/BROADWAY/ 300.00 Total : 300.00 19332 117/2010 000069 MERCIER, DAVID JAN 2010 JAN 10:AUTO ALLOWANCE 400.00 Total : 400.00 19333 117/2010 000286 SPOKANE VALLEY ASSEMBLY 102 ROOM FOR PUBLIC MEETING 150.00 Total : 150.00 19334 117/2010 000140 WALTS MAILING SERVICE Jan 2010 PRINTING SERVICES-QUARTERL` 1,528.57 Total : 1,528.57 4 Vouchers for bank code : apbank Bank total : 2,378.57 4 Vouchers in this report Total vouchers: 2,378.57 I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify to said claim. Finance Director Date Page: 1 vchlist 01/08/2010 2:12:04PM Voucher List Spokane Valley Page: 1 Bank code : apbank Voucher Date Vendor Invoice PO# Description/Account Amount 19337 1/8/2010 000958 AAA SWEEPING, LLC 19338 1/8/2010 000603 CONTRACT DESIGN ASSOC INC 19339 1/8/2010 001926 DAVENPORT, SARAH 19340 1/8/2010 002076 GINNO CONSTRUCTION OF IDAHO 19341 1/8/2010 000007 GRAINGER 19342 1/8/2010 002238 INTERSTATE BATTERIES 19343 1/8/2010 000864 JUB ENGINEERS, INC. 19344 1/8/2010 000252 LOWE'S BUSINESS ACCOUNT 19345 1/8/2010 000073 MCCORMICK, GREG 19346 1/8/2010 000652 OFFICE DEPOT INC. 19347 1/8/2010 000512 OFFICETEAM 43503 42271 CONTRACT NO.09-006,VACTORIN 43505 42267 CONTRACT NO.09-004, SWEEPINC 43652 42271 CONTRACT NO. 09-006,VACTORIN 43653 42267 CONTRACT NO. 09-004, SWEEPING Total : 28079 EXPENSES Progress PYMT 6 9145770856 9145770864 9147720990 9147919998 990012097 0062301 DEC 2009 EXPENSE 501376798001 30443481 42492 CHAIRS-KENDALL,JANSSEN Total : MILEAGE EXPENSES Total : 42434 DISCOVERY PARK CONSTRUCTIOI Total : 42246 GRAINGER BLANKET PO—SMALL E 42246 GRAINGER BLANKET PO 42246 GRAINGER BLANKET PO 42246 GRAINGER BLANKET PO—SMALL E Total : BATTERIES Total : JUB CONTRACT 09-033:STREET M Total : OPERATING SUPPLIES: CP MILEAGE EXPENSE OFFICE SUPPLIES: CP Total : Total : Total : STAFFING SVCS: LASERFICHE 28,486.41 48,286.94 274.11 6,395.77 83,443.23 1,379.18 1,379.18 31.69 31.69 62,138.13 62,138.13 63.78 10.65 -56.78 155.18 172.83 627.80 627.80 6,903.29 6,903.29 348.22 348.22 33.00 33.00 88.60 88.60 374.90 Page: 1 vchlist 0110812010 2:12:04PM Voucher List Spokane Valley Page: 2 Bank code : apbank Voucher Date Vendor Invoice PO# Description/Account 19347 1/8/2010 000512 000512 OFFICETEAM 19348 1/8/2010 000836 SCHULTZ,WILLIAM J. 19349 1/8/2010 000001 SPOKANE CO TREASURER 19350 1/8/2010 000391 SPOKANE VALLEY FIRE DIST.#1 19351 1/8/2010 002239 THOMPSON, GINGER 19352 1/8/2010 000347 WORLEY, STEVE 19353 1/8/2010 000152 WSDOT 17 Vouchers for bank code : apbank (Continued) EXPENSE 40300025 40300026 40300027 40300030 40300031 40300032 40300033 40300034 40300035 4th QTR 2009 REFUND EXPENSE RE-313-ATB91215051 RE-313-ATB91215054 RE-313-ATB91215067 Total : BATTERY CHARGER EXCHANGED Total : IMPROVEMENTS: ROCKWELL PH1 IMPROVEMENTS: ROCKWELL PH2 IMPROVEMNETS; SUMMERFIELD F IMPROVEMENTS: CLEMENT SEWE IMPROVEMENTS: ROTCHFORD AC IMPROVEMENTS:VALLEYVIEW SE IMPROVEMENTS:W. PONDEROSA IMPROVEMENTS:W. PONDEROSA ROAD IMPROVEMENTS: SUTTERS Total : 4TH QTR 2009: FIRE CODE FEES Total : DEPOSIT REFUND Total : ASCE MEMBERSHIP REIMBURSEM Total : STATE TOUTE ROADWAY MAINT SIGNAL& ILLUMINATION MAIN INTELLIGENT TRAFFIC SYSTEMS Total : Bank total : 17 Vouchers in this report Total vouchers : Amount 374.90 5.42 5.42 7,517.27 233,504.43 15,988.81 659,385.11 397,960.67 555,833.30 675,838.64 534,255.42 5,980.67 3,086,264.32 16,741.24 16,741.24 210.00 210.00 230.00 230.00 3,163.41 1,961.05 163.17 5,287.63 3,264,279.48 3,264,279.48 Page: 2 l — vchlist Voucher List Page: 3 01/08/2010 2:12:04PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor pertormed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify to said claim. Finance Director Date Page: 3 vchlist 0110812010 3:22:56PM Voucher List Spokane Valley Page: 1 Bank code : apbank Voucher Date Vendor Invoice PO# DescriptionlAccount Amount 19354 1/8/2010 002232 RIPLEY, ISAAC R.AMD MERRILY C. CIP NO 0088 BROADWAY RECONSTRUCTION 4,594.00 Total : 4,594.00 1 Vouchers for bank code : apbank Bank total : 4,594.00 1 Vouchers in this report Total vouchers : 4,594.00 I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify to said claim. Finance Director Date Page: 1 vchlist 01112/2010 1:15:02 P M ;OPY Voucher List Spokane Valley i)(`"?jAA C,kA;z 6 Page: 1 Bank code : apbank Voucher Date Vendor Invoice PO# Description/Account Amount 3041 3042 3043 3054 19325 19335 19336 \\19355 1/5/2010 000048 VANTAGE TRANSFER AGENTS,401A PL Ben31906 1/5/2010 000145 VANTAGEPOINT TRANSFER AGENTS,4: Ben31908 1/5/2010 000682 EFTPS Ben31910 1/5/2010 000682 EFTPS Ben31922 1/5/2010 000165 DEPT OF RETIREMENT SYSTEMS Ben31898 1/7/2010 001896 DANIEL H BRUNNER Ben31904 1/7/2010 000699 WA COUNCIL CO/CITY EMPLOYEES Ben31900 1/5/2010 000120 AWC Ben31902 Ben31920 19356 1/5/2010 000164 LABOR&INDUSTRIES Ben31896 Ben31918 401A: Payment Total : 457 DEFERRED COMPENSATION: F Total : FEDERAL TAXES: Payment FEDERAL TAXES: Payment PERS: Payment Total : Total : Total : MCCONVILLE& HOLTEN 09-00170: Total : UNION DUES: Payment Total : HEALTH PLANS: PAYMENT HEALTH PLANS (COUNCIL): PAYME Total : LABOR& INDUSTRIES: Payment LABOR& INDUSTRIES: Payment Total : 9 Vouchers for bank code : apbank Bank total : 9 Vouchers in this report Total vouchers : 26,446.38 26,446.38 3,858.85 3,858.85 26,377.48 26,377.48 1,382.32 1,382.32 41,976.76 41,976.76 325.00 325.00 2,146.59 2,146.59 94,424.30 2,383.48 96,807.78 3,109.41 6,338.64 9,448.05 208,769.21 208,769.21 Page: 1 DRAFT MINUTES SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT Spokane Valley City Hall Council Chambers Spokane Valley,Washington January 5,2010 6:00 p.m. Attendance: Councilmembers Staff Rose Dempsey, Councilmember Dave Mercier, City Manager Bill Gothmann, Councilmember Mike Jackson, Deputy City Manager Dean Grafos, Councilmember Mike Connelly, City Attorney Brenda Grassel, Councilmember Cary Driskell, Deputy City Attorney Bob McCaslin, Councilmember Ken Thompson, Finance Director Gary Schimmels, Councilmember Neil Kersten,Public Works Director Tom Towey, Councilmember Mike Stone, Parks &Recreation Director Rick Van Leuven,Police Chief Carolbelle Branch,Public Information Officer Greg Bingaman, IT Specialist Chris Bainbridge, City Clerk In the absence of a council chair, City Clerk Bainbridge called the meeting to order at 6:00 p.m. and welcomed everyone to the meeting. 1. Council Officer Elections—Chris Bainbridge City Clerk Bainbridge explained the procedure for selecting the Mayor and Deputy Mayor; and she then opened the floor for nominations. Councilmember Dempsey nominated Councilmember Gothmann for Mayor; and Councilmember McCaslin nominated Councilmember Towey for Mayor. City Clerk Bainbridge asked if any councilmember wished to speak to the nominations, and Councilmember Gothmann said he wished to speak to his own nomination. Councilmember Gothmann explained that since several councilmembers don't know him very well, it might be helpful to indicate some of the issues he has helped out on in the past; and Councilmember Gothmann distributed copies to Councilmembers of the Comprehensive Plan, Chapter 10 Neighborhoods, and said the reason that chapter is in the Comp Plan was due to his and Ian Robertson's efforts; he distributed copies of a survey he conducted which was included on the September 19, 2008 council agenda, and said he analyzed the sheriffs departments of twenty-one of the largest cities in Washington and he then read the executive summary of that document explaining the effectiveness of the City's police efforts; he distributed a copy of a survey concerning the effects of television on Council and Community dated 1-25-08; also distributed was a copy of financial data based upon the six-year forecasts; he mentioned the directional issue of Sprague and suggested that be separated from the SARP (Sprague/Appleway Revitalization Plan) and that the options be presented to citizens for a vote; he said he believes the SARP needs to be returned to the Planning Commission, that previous entitlements should be added to existing entitlements; and regarding customer service, he distributed copies of Comp Plan Chapter 1 Introduction as well as city philosophy and the principles guiding our customer service philosophy, as well as ratings of customer service as a result of a scientific survey conducted early last year. City Clerk Bainbridge invited further comments; no further comments were offered, and City Clerk Bainbridge closed the nominations, and distributed the paper ballot to each councilmember for voting for Mayor. City Clerk Bainbridge collected the ballots for Mayor with the following results: those voting for Councilmember Towey included Councilmembers Schimmels, Grafos, Towey, McCaslin, and Grassel; Council Meeting Minutes: 1-05-2010 Page 1 of 7 Approved by Council: DRAFT and those voting for Councilmember Gothmann included Councilmembers Gothmann and Dempsey. Therefore,the results showed a majority vote for Councilmember Towey for mayor. Mayor Towey thanked everyone on Council and in the audience, said this is a new turning point as we have never had a council with four new people; and said they are going in the direction they think the Valley citizens want them to go, and said if Council doesn't go in that direction, the citizens will let Council know. Mayor Towey then explained the process for selecting the Deputy Mayor, which is the same as that for Mayor, and he opened nominations for Deputy Mayor. Councilmember Grassel nominated Councilmember Schimmels, and Councilmember Dempsey nominated Councilmember Gothmann. There were no further nominations and Mayor Towey closed the nominations. City Clerk Bainbridge distributed the paper ballots to each councilmember; and after they voted, she collected the ballots with the following results: those voting for Councilmember Schimmels included Councilmembers Schimmels, McCaslin, Grassel, Grafos and Mayor Towey Those voting for Councilmember Gothmann included Councilmembers Gothmann and Dempsey. Therefore, the results showed a majority vote for Councilmember Schimmels for deputy mayor. Deputy Mayor Schimmels thanked everyone for their support. It was moved by Councilmember McCaslin, seconded and unanimously agreed to approve the amended agenda. 2. Motion Consideration: Personnel Matters [added item] Councilmember McCaslin made the following motion: `pursuant to his current employment agreement and consistent with the provisions of RCW 35A.13.130, RCW 35A.13.140, the City Council of Spokane Valley hereby requests that David Mercier, City Manager tender his resignation for the convenience of the City, effective on February 5, 2010, and declares that the City Manager will be on paid administrative leave status until the effective date of said resignation. This action constitutes a no-fault separation from service for the convenience of the City. The City Council hereby expresses its sincere appreciation to David Mercier for his service since 2003 as the first City Manager of Spokane Valley. " Councilmember Grafos seconded the motion. It was moved by Councilmember Gothmann and seconded by Councilmember Dempsey to postpone this issue until next week. Councilmember Gothmann explained that it has been the practice of this council for the past seven years,that any time there is a substantial issue for discussion, that such be included on the agenda, and said none of the City's constituents have been notified that this item is on the agenda, and therefore, he said citizens cannot speak to the issue, either in favor or against; and Councilmember Gothmann asked if Council will have open council discussions or closed discussions where citizens do not get a chance to express their views, and he said that is his reason for his motion to postpone this issue, and he said that he feels it is a good thing to have open meetings. Councilmember McCaslin responded that this is an open meeting; and said the question is before the Council as well as before the citizens and said they will be allowed to speak to this issue, so there is nothing closed about this as this meeting is open now and will continue to be open. Councilmember Gothmann replied that there are thousands of citizens in our city who were not notified of this issue as the official notification went out last Friday concerning the contents of tonight's agenda; and this personnel matter was not included on that agenda; and he again expressed that postponing the issue one week would give opportunity for notifying the citizens of this issue. Deputy Mayor Schimmels asked City Attorney Connelly for an opinion on the postponement. City Attorney Connelly said that the agenda was amended by a vote of the Council; and Council can postpone or not based upon the will of Council. Vote by acclamation to postpone this issue until next week: In Favor: Councilmembers Gothmann and Dempsey; Opposed: Mayor Towey, Deputy Mayor Schimmels, and Councilmembers Grassel, Grafos, and McCaslin; Abstentions: None. Motion failed. Council Meeting Minutes: 1-05-2010 Page 2 of 7 Approved by Council: DRAFT At Mayor Towey's request, City Clerk Bainbridge re-read the main motion: `pursuant to his current employment agreement and consistent with the provisions of RCW 35A.13.130, RCW 35A.13.140, the City Council of Spokane Valley hereby requests that David Mercier, City Manager tender his resignation for the convenience of the City, effective on February 5, 2010, and declares that the City Manager will be on paid administrative leave status until the effective date of said resignation. This action constitutes a no- fault separation from service for the convenience of the City. The City Council hereby expresses its sincere appreciation to David Mercier for his service since 2003 as the first City Manager of Spokane Valley." Councilmember Dempsey said that she does not support the motion because she said she feels we have had one of the best city managers around anywhere, who has guided the City through these economic times so we are stable, balanced, and in good shape, and that he has done this at the will of the City Council; that this has not been Dave Mercier's operation but has been the operation of the City Council and she said she feels they are shooting the messenger,and said she very much opposes this motion. Councilmember Gothmann said he has mixed emotions as he feels it is unfair to ask a City Manager to work for a council that does not support him. Councilmember Gothmann said he is bound for the good of the City to see not what is better for Dave Mercier but what is better for the City, and that he will vote against the motion;that the survey he mentioned earlier concerning ratings of the customer service of this city showed customer service ratings good to excellent; that he wanted to make sure that it is known that every action done by Mr. Mercier was at the request of the Council; Councilmember Gothmann said he has witnessed criticism of Mr. Mercier for not getting out in front, and said that the City Council asked Mr. Mercier not to get out in front; and witnessed criticism of Mr. Mercier for not living within the city limits, and Councilmember Gothmann said that was an agreement between the City Council and the City Manager, and asked why people would punish someone for doing as stated in a contract; and said for the good of the city,he would vote no on this motion. Mayor Towey invited public comments. Darla Arnold, 10512 E 44th Avenue: she said she is here as a citizen and is also a City employee; and said she needs acknowledgement and information from this Council to the citizens of this City, approximately 89,000 citizens,why asking Mr. Mercier to leave is a good idea; she said she hasn't heard any reason why other then they just want him to leave; and she asked Council to perhaps give the citizens another chance to voice their comments, as council works for the citizens of the City of Spokane Valley. Mayor Towey said that this is a new council; that by the vote of the citizens, they have told Council which direction to go and he said Council will go in that direction; he said that Mr. Mercier is probably the most professional individual he has ever met in his life; and said that he (Mayor Towey) or none of the Councilmembers on the dais approached Mr. Mercier with the idea of separation; but that Mr. Mercier approached them because Mr. Mercier knew that the new City Council is going in another direction; and said that Mr. Mercier is so professional that he knew that his worth with the Spokane Valley is up. Mayor Towey said that Mr. Mercier started this city, he worked hard for this city, and this was a new incorporation, and he did it; and Mayor Towey said he thinks that Mr. Mercier now realizes in him approaching Council, that Mr. Mercier realizes that it is a new era and Council is going in a new direction. E. Bert Darrah, 12010 E 33rd Avenue: he said Council keeps talking about direction, and he asked Council which direction they are going to go and said he hears this but doesn't hear any specifics on which direction this Council will go. Mayor Towey said hopefully in the next couple of months,he will find out which direction this council will go. Mr. Darrah said he is sure the current Councilmembers were in favor of disincorporating the City, and that this is just one more step to sabotage the City. Mayor Towey said they were not in favor of disincorporation, and said he doesn't think there is one Councilmember on the dais that was for that, but Mr. Darrah said "I'm sorry if I don't believe you." Mr. Darrah said he doesn't Council Meeting Minutes: 1-05-2010 Page 3 of 7 Approved by Council: DRAFT believe any of the councilmembers; that this city has problems and this is just one more step to sabotage this city, and said he told a friend of his that this was going to happen, and it did; and he asked what other surprises will the citizens get. Mayor Towey said that is up to the Council, and Mr. Darrah said that is what he is afraid of. Jennie Willardson, 12722 E 23rd Avenue: said she feels the new council is a wonderful positive change for the city; that Mr. Mercier has done a City Manager's job for seven years, and his service is appreciated, however, it's time for a change, and said she ran in 2005 because she felt the problems the City Council experiences were on the advice of Mr. Mercier; and said she doesn't know to what extent the City Council on looking into alternative library services instead of staying with the County, or in examining alternative police forces instead of staying with the County services, and on continuing to force the SARP when most of the city has not been in favor of it; and said it is time for a change; and she thanked him for his years of service,but said this is an at-will position and it is time for a change. Mike DeVleming, 3418 S Melissa Drive: said he doesn't envy council's position as it is a tough position; they are up there, most have never sat on this council before, it is a big job and said it seems like almost every Tuesday they will face very difficult decisions; and he said without the experience of sitting here and knowing exactly how things run, for them to go "off the bat" and make such a major decision, astounds him. Mr. DeVleming said that perhaps this council has already researched what it will take to replace a city manager, what the cost will be to this city, and he asked them if they are aware of those costs; and said for a group touting how important it is to save money, they just bit off a pretty big chunk of money on something that wasn't a priority; and he recommended the Council give it the week to allow the members of Council to hear what the rest of the citizens might say about this type of decision. Mike King, 9300 E Sprague: said that council should listen; that this City is one of the most fiscal responsible cities in the State of Washington contrary to Spokane County and contrary to Spokane City; that the fiscal responsibility has a lot to do with the city manager and how the city has been managed; and Council's stewardship and their present management shows fiscal irresponsibility; and he asked them not to do something so fiscally irresponsible. Patty Bischoff 2218 S Dusk Lane: said she realizes she may be "sticking her neck out" as a Spokane Valley employee; said she works for the Parks and Recreation Department; that she previously worked for the State for eleven years, and she left that job to work for the City of Spokane Valley, that she loves her job and she wanted to be a part of her city; and she voted for the City's incorporation and was happy it became a city; and said she is proud of her city; she said regarding the comments about disincorporation, she said he respectfully disagrees with Mayor Towey's previous comments, as she knows for sure that one or two current councilmembers were for disincorporation and were not for the City she loves but wanted to get rid of the city she loves, which was disconcerting to her; and she said she was not happy they were elected to council; she said read numerous articles about negative comments about Mr. Mercier and she was concerned this action might be on the agenda tonight; she said our city would not be what it is were it not for Mr. Mercier. She said concerning the information in the media about our city in a bad financial position, we are in fact in a great position, especially comparing our city with Spokane City or Spokane County; and she was disturbed about certain councilmembers wanting across-the-board pay cuts; she said she took a 25% pay cut when she left State employ for her City of Spokane Valley job, and she did so because she wanted to be a part of this city; and she commented on the amount of negativity and the lack of support; and she asked for pardon for her impassioned plea, but said we should keep Mr. Mercier; and said at the least, the issue should be postponed for a week to give council time to consider the matter, and for citizens to voice their comment; and she said it is a drastic measure to take; and she said there were a lot of people who didn't vote, and said if people knew more of the issues; and if people had known how great the council was before, perhaps there would have been more support, and she said she was grateful for the video taping of the meetings. Council Meeting Minutes: 1-05-2010 Page 4 of 7 Approved by Council: DRAFT Tony Lazanis, City of Spokane Valley: said the valley has a lot of assets, and in order to utilize those assets,to be better for the valley,he feels some changes need to be made; and said he hopes Council does that. Dick Behm, 3626 S Ridgeview Drive: said there has been a lot of rhetoric during the last four or five months; that the "silly season" is over and it is now time to roll up sleeves and get to work; he said he does not have a problem with the motion but has a problem in that with all the rhetoric about open government and keeping the citizens informed, to pull this out and pass it without notifying the public at large of this being on the agenda, he said is irresponsible on this Council's part; he said they stated, all of those who ran for election, that keeping the citizens informed was the most important thing; and he said now is the time to do that, and not just at a meeting tonight, but to publicize in the paper what Council will do and what the agenda will be;he said he has no problem with however Council passes this,but said he has a problem with not notifying the citizens. Mayor Towey invited further comments; and no further comments were offered. Councilmember Dempsey said that she would like to state something, and have people realize she means no harm, and said that the City Councilmembers from the very beginning have been elected by a majority of the people; and said every councilmember was elected by a majority; and so every councilmember has done what they felt was the will of the people, which she said is not always easy to know what the will of the people is; that at times there would be people who come close to council who have the same ideas, while the people who don't share those same ideas, stay away, but who may come out later to let councilmembers know they do not agree. Councilmember Dempsey said she wanted to remind everyone that although the new councilmembers have a mandate, so did the former councilmembers; and they did what they felt was best as this council will do what this council's feels is best, and such should be done with due deliberation and to allow the citizens to have the opportunity to speak. Councilmember Gothmann said that another custom that has happened for seven years, is before every motion or action, the fiscal impact is addressed; and every action in the past was brought forward noting how much money it would cost; and he asked those who are proposing this, what is the cost of this motion to the City in dollars. Councilmember Schimmels said he wasn't in on the conversation regarding this matter, but said he believes it was an agreeable effort on both sides, and said that down the road a month, three months or six months, that he believes this would happen "irregardless of what we say and irregardless of what we do"and he said Council is in a position to carry through this with; and said that he believes the decision is there and that's how it's going to be. At Mayor Towey's request, City Clerk Bainbridge re-read the motion: "pursuant to his current employment agreement and consistent with the provisions of RCW 35A.13.130, RCW 35A.13.140, the City Council of Spokane Valley hereby requests that David Mercier, City Manager tender his resignation for the convenience of the City, effective on February 5, 2010, and declares that the City Manager will be on paid administrative leave status until the effective date of said resignation. This action constitutes a no- fault separation from service for the convenience of the City. The City Council hereby expresses its sincere appreciation to David Mercier for his service since 2003 as the first City Manager of Spokane Valley." Vote by Acclamation: In Favor:Mayor Towey, Deputy Mayor Schimmels, and Councilmembers Grafos, Grassel, and McCaslin. Opposed: Councilmembers Gothmann and Dempsey. Abstentions: None. Motion carried. City Manager Dave Mercier said given the consensus of Council, he gave the following response: "In response to the City Council of Spokane Valley request for my resignation as City Manager for the convenience of the City pursuant to my current employment agreement and consistent with the provisions of RCW 35A.13.130, and RCW 35A.13.140, I hereby tender my resignation, effective on February 5, 2010, and acknowledge that I will be on paid administrative leave status until the effective date of said Council Meeting Minutes: 1-05-2010 Page 5 of 7 Approved by Council: DRAFT resignation. My requested resignation in response to the request of the City Council constitutes a no-fault separation from service for the convenience of the City." Mr. Mercier also commented that"as I take my leave this evening, that it has been my distinct pleasure to serve during the formative years of this Washington's newest city; and as I go I want my parting words to be compliments to the city staff; that they have done terrific work over the course of many months, many years, sometimes under very very difficult circumstances; and so they have my admiration; and I'm proud to have been associated with you. Thank you and good evening." Mr. Mercier left the room to a standing ovation. 3. Gambling Ordinance Amendment—Ken Thompson Finance Director Thompson explained that the rules for gambling tax is handled as per our ordinance; and it sets out that concerning the due date, that the 15th of the month following the completion of a quarter, the gambling establishments will present their report and pay their taxes to the City. Mr. Thompson said that has never worked very well as it is too quick of a turn-around, and said that some gambling establishments have more than one outlet; and he suggested changing that date from the 15th of the month to the 30th to give the City and the gambling establishments more time to respond; and he said that is the only change he is proposing, and added that such change was also suggested by the State Auditor's office as they too realize the quick turnaround time; and if council agrees, this matter will come back before Council next week for a first reading of an ordinance. There was Council consensus to move forward as staff proposed. 4. Advance Agenda—Mayor Discussion included comment from Councilmember Gothmann about setting a date for a winter retreat; and it was determined Deputy City Manager Jackson will propose some dates next week after querying councilmembers and staff about possible dates; and Councilmember Dempsey said she is not available on any Wednesday. Mr. Jackson said the retreat is normally one day, and the date and time is at the Council's pleasure. Deputy Mayor Schimmels asked Mr. Jackson what he could tell council about the upcoming AWC meeting Friday and Saturday, of the times and whether Mr. Jackson had information; and Mr. Jackson said staff can supply the agenda to councilmembers,that it is an all day event Friday and half day Saturday. Deputy Mayor Schimmels also asked about the legislative meeting in Olympia, and if information would be forthcoming or if Mr. Jackson needed council input. Mr. Jackson said that event is January 27 and 28, and staff would need Council input and the issue of the legislative agenda could be placed on next week's agenda, and Council concurred. Councilmember Gothmann said he inquired earlier if they were making appointments over there now to meet with the legislature, and he was told they are working on it, and said he assumes our lobbyist is trying to set up some appointments for council; and Mr. Jackson said he needs to confirm that and will check back with Council. Mayor Towey mentioned that the legislative meeting in Olympia could necessitate an adjustment on Council's meeting schedule as it would conflict with the January 26 meeting if such would result in a lack of quorum for that council meeting. City Clerk Bainbridge asked Mayor Towey when he might want to consider making the committee appointments; and it was noted many of the committees, boards or agencies, started January 1st; and Mayor Towey said he will solicit each councilmember's desires for what committees they prefer, and Council concurred with that process and to also place this matter on next week's agenda for action. 5. Information Only: CenterPlace Food Service Contract: this was for information only and was not reported or discussed. 6. Council Check in Councilmember Gothmann mentioned the HCDAC (Housing and Community Development Advisory Committee) upcoming proposals; and Deputy Mayor Schimmels said there may by a solid waste liaison board meeting the 27th but the agenda for that meeting is unknown now. Council Meeting Minutes: 1-05-2010 Page 6 of 7 Approved by Council: DRAFT 7. City Manager Comments Deputy City Manager Jackson said that Dave Mercier is well respected and liked by staff, he is very professional, and said as a staff, we are indebted to him for his leadership, mentorship and support given to staff over the years; and appreciate him. Mr. Jackson also suggested that as in past practices, that the Mayor and Deputy Mayor meet weekly with the City Manger and the City Clerk to go over the agenda items to review the packet material to make suggestions, and to build potential items which can be discussed with the full council; and he suggested such meetings perhaps start Monday; and Mayor Towey agreed it is needed, and said he and staff can discuss a date for such meeting later. 8. EXECUTIVE SESSION: Land Acquisition and Potential Litigation [RCW 42.30.110(1)(b);RCW 42.30.110(1)(i)] It was moved by Councilmember Dempsey, seconded and unanimously agreed to adjourn into executive session for approximately one hour to discuss pending litigation and land acquisition, and that no action is anticipated thereafter. Council adjourned into executive session at 7:03 p.m. At 8:05 p.m., Deputy City Attorney Driskell announced the executive session would be extended until approximately 8:20 p.m. Mayor Towey declared council out of executive session at 8:37 p.m.; and it was then moved by Councilmember Gothmann, seconded, and unanimously agreed to adjourn. ATTEST: Thomas E. Towey, Mayor Christine Bainbridge, City Clerk Council Meeting Minutes: 1-05-2010 Page 7 of 7 Approved by Council: CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Meeting Date: January 19, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Second Reading Proposed Ordinance 10-001 Amending Spokane Valley Municipal Code 3.25.040, Gambling Tax GOVERNING LEGISLATION: Spokane Valley Municipal Code 3.25.040 Gambling Tax PREVIOUS COUNCIL ACTION TAKEN: Gambling Tax Ordinance #28 was adopted by Council January 28, 2003, and effective March 31, 2003; and codified as Spokane Valley Municipal Code 3.25. Section 3.25.020B1 was amended in September, 2004. BACKGROUND: The City implemented a gambling tax in early 2003. Gambling establishments were required to report their gross tax and pay amounts due to the City on or before the 15th day of the month succeeding the quarterly period in which the tax accrued. The 15 day requirement was difficult for establishments to meet, especially if they had more than one business where gambling took place. City staff didn't pursue gambling tax establishments that missed the deadline established by the ordinance because the Council wanted a business friendly environment and staff felt the 15 day deadline was too short. Reminder letters were sent, usually 30 days after the end of the quarter, rather than the 15 days mentioned in the ordinance. The State Auditor's Office has suggested the ordinance be changed to require reports within 30 days of the end of the quarter rather than the 15 days that now appears in the ordinance. This issue was discussed at the January 5, 2010 council meeting. OPTIONS: 1) Advance the ordinance to an upcoming council meeting for a second reading; 2) Rearrange priorities in the department to place greater emphasis on examining gambling tax returns between the 16th and 30th day succeeding each calendar quarter, and notify gambling establishments the existing 15th deadline will be strictly enforced. RECOMMENDATION: Move to approve ordinance 10-001. BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Finance Director Ken Thompson ATTACHMENT: Draft Ordinance 10-001 Amending 3.25 Gambling Tax DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY WASHINGTON ORDINANCE NO. 010-001 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON, AMENDING SPOKANE VALLEY MUNICIPAL CODE 3.25.040, GAMBLING TAX REGULATIONS FOR THE CITY OF SPOKANE VALLEY. WHEREAS, the City of Spokane Valley adopted Ordinance 03-028 on January 28, 2003,t o be effective upon the date o f incorporation. Ordinance 03-028 was later codified into Spokane Valley Municipal Code (SVMC) Chapter 3.25, Gambling Tax; and WHEREAS, SVMC 3.2 5.040 w as a dopted w ith a requirement that g ambling e stablishments submit completed quarterly reports documenting the establishment's gambling activity within 15 days of the end of the quarter; and WHEREAS, the fifteen-day requirement of 3.25.040 is difficult for establishments to meet, and staff along with the State Auditor's Office suggests the section be amended to change the required reports due within thirty days of the end of the quarter rather than the fifteen days as currently stated. NOW THEREFORE, the City C ouncil of the City of Spokane Valley,Washington, ordains as follows: Section 1. Intent. The City of Spokane Valley declares that the intent of this Ordinance is to amend 3.25.040 to provide an appropriate time frame for gambling establishments to file quarterly reports documenting their gambling activity for the preceding quarter. Section 2. Amending SVMC 3.25. Regarding T ime T o F ile Quarterly R eport. SVMC 3.25.040 is hereby amended as follows: 3.25.040 Payment of tax. The tax imposed by this chapter shall be due and payable in quarterly installments and remitted to the city finance director together with the required information on the return form(s), as prescribed by the City, on or before the 30th fifteenth day of the month succeeding the quarterly period in which the tax accrued, unless the 30th fifteenth day of the month is a nonbusiness day or holiday, then said tax shall be due and payable on the next business day. Any tax remaining unpaid on the day following its applicable due date shall be delinquent;provided however: A. Whenever an entity subject to the tax imposed by this chapter ceases the taxable activity for a period of more than two consecutive calendar months, the tax shall become due and payable on the tenth calendar day following the last date of business,unless the tenth day is a nonbusiness day or holiday,then said tax shall be due and payable on the next business day. B.Whenever the city manager determines,based upon a hi story of delinquent payment or an assignment for the benefit of creditors, or such other evidence that the ability of the City of Spokane Valley to collect the tax owing from the taxpayer may be in jeopardy,the City, after not less than 10 days' written notice t o the taxpayer, may require the taxpayer t o remit t axes owing he reunder at a sh orter interval than prescribed herein.Notice shall be given by regular and certified mail. In the event that the certified m ail is refused b y the taxpayer and returned t o the C ity of S pokane Valley,no tice s hall be deemed effective upon the date of mailing of the notice by regular mail. (Ord. 28 § 4, 2003). Section 3. Remainder o f S VMC 3.25. U nchanged. The remaining pr ovisions of S VMC 3.25 are unchanged by this amendment. Ordinance 10-001 Amending SVMC 3.25.040 Page 1 of 2 DRAFT Section 4. Severability. If any section, subsection, sentence or clause of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining provisions of this chapter. Section 5. Effective date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a s ummary thereof occurs in the official newspaper of the City as provided by law. Approved this day of January, 2010. ATTEST: Thomas E. Towey, Mayor Christine Bainbridge, City Clerk Approved As To Form: Office of the City Attorney Ordinance 10-001 Amending SVMC 3.25.040 Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 19, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Second Reading Ordinance 10-002, Code Compliance Amendment to SVMC 17.100.030 GOVERNING LEGISLATION: SVMC 17.100.030 PREVIOUS COUNCIL ACTION TAKEN: On December 1, 2009, staff provided the Council with information regarding the proposed ordinance which would allow the City to comply with state law and utilize a full range of options when bringing code compliance cases to court. On January 12, 2009 the Council conducted a first reading of proposed Ordinance 10-002. BACKGROUND: The existing language in SVMC 17.100.030 does not clearly state that in order to recover civil penalties that the City may file an action in Spokane County Superior Court. It has been the City's practice to file in Superior Court, but there may be instances when filing in district court is appropriate. Staff recommends that this amendment be adopted to ensure compliance with state law, and identify the full range of courts in which the City may enforce its codes. OPTIONS: Request additional discussion/changes to the proposed ordinance; adopt as drafted RECOMMENDED ACTION OR MOTION: I move to approve Ordinance 10-002. BUDGET/FINANCIAL IMPACTS: Anticipated to be revenue neutral. STAFF CONTACT: Jeana Poloni, Legal Intern ATTACHMENTS: Attachment 1 — Proposed amendment to SVMC 17.100.030 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 10-002 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON,AMENDING SECTION 17.100.030 OF THE SPOKANE VALLEY MUNICIPAL CODE RELATING TO CODE COMPLIANCE. WHEREAS, the City of Spokane V alley previously adopted Spokane Valley Municipal C ode Chapter 17.100, regulating nuisance conditions on public and private property; and WHEREAS, the existing provisions should be amended to ensure compliance with State law, to provide clarity, and give staff the full range of options to ensure compliance with City code. WHEREAS, the following changes are consistent with the City's Comprehensive Plan, and are necessary to protect the health, safety, and welfare of the general public and the environment. NOW, THEREFORE, the City C ouncil of the City of S pokane Valley,Washington ordains as follows: Section 1. Amendment. Spokane Valley M unicipal C ode s ection 17.10 0.030 i s he reby amended as set forth below. 17.100.030 Enforcement,authority, and administration. A. In order to discourage public nuisances and otherwise promote compliance with applicable code provisions,the City may, in response to field observations or reliable complaints,determine that violations of this title have occurred or are occurring, and may: 1. Enter into voluntary compliance agreements with persons responsible for code violations; 2. Issue notice and orders, assess civil penalties, and recover costs as authorized by this chapter; 3. Require abatement by means of a judicial abatement order, and if such abatement is not timely completed by the person or persons responsible for a code violation,undertake the abatement and charge the reasonable costs of such work as authorized by this chapter; 4. Allow a person responsible for the code violation to perform community service in lieu of paying civil penalties as authorized by this chapter; 5. Order work stopped at a site by means of a stop work order, and if such order is not complied with, assesses civil penalties as authorized by this chapter; 6. Suspend, revoke, or modify any permit previously issued by the City or deny a permit application as authorized by this chapter when other efforts to achieve compliance have failed; and 7. Forward a written statement providing all relevant information relating to the violation to the office of the city attorney with a recommendation to prosecute willful and knowing violations as misdemeanor offenses. B. The procedures set forth in this chapter are not exclusive. These procedures shall not in any manner limit or restrict the City from remedying or abating violations of this title in any other manner authorized by law. C. In addition to, or as an alternative to,utilizing the procedures set forth in this chapter,the City may seek legal or equitable relief to abate any conditions or enjoin any acts or practices which constitute a code violation. D. In addition to, or as an alternative to,utilizing the procedures set forth in this chapter,the City may assess or recover civil penalties accruing under this chapter by legal action filed in Spokane County I district court or superior court by the office of the city attorney. Ordinance 10-002 Amending 17.100.030 Page 1 of 2 DRAFT E. The provisions of this chapter shall in no way adversely affect the rights of the owner,lessee,or occupant of any property to recover all costs and expenses incurred and required by this chapter from any person causing such violation. F. In administering the provisions for code compliance,the City shall have the authority to waive any one or more such provisions so as to avoid substantial injustice.Any determination of substantial injustice shall be made in writing supported by appropriate facts. For purposes of this subsection, substantial injustice cannot be based exclusively on financial hardship. G. The City may,upon presentation of proper credentials,with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued court order,enter at reasonable times any building or premises subject to the consent or court order to perform the duties imposed by this code. It is the intent of the city council that any entry made to private property for the purpose of inspection for code violations be accomplished in strict conformity with constitutional and statutory constraints on entry, and the holdings of the relevant court cases regarding entry. The right of entry authorized by this chapter shall not supersede those legal constraints. H. The City may request that the police, appropriate fire district, Spokane Regional Health District,or other appropriate City department or other non-city agency assist in enforcement. (Ord. 07-015 § 4, 2007). Section 2. Remainder of SVMC 17.100 Unchanged. The remaining provisions of SVMC 17.100 are unchanged by this amendment. Section 3. Severability. If any section, sentence, clause or phrase of this Ordinance should be he ld to b e i nvalid or unc onstitutional by a c ourt of competent jurisdiction, such invalidity o r unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 4. Effective Date. This Ordinance shall be in full force and effect five (5) days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. PASSED by the City Council this day of January,2010. Thomas E. Towey,Mayor ATTEST: City Clerk,Christine Bainbridge Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 10-002 Amending 17.100.030 Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 19, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Resolution 10-001 to continue participation in Spokane County's Homeless Housing and Assistance Act Regional Program. GOVERNING LEGISLATION: RCW 43.185C PREVIOUS COUNCIL ACTION TAKEN: On January 12, 2009, Council approved drafting of a finalized resolution to continue participation in the County's regional homelessness program. BACKGROUND: See attached letter from Spokane County. OPTIONS: The Council may vote for or against the Resolution. RECOMMENDED ACTION OR MOTION: Move to approve Resolution 10-001 BUDGET/FINANCIAL IMPACTS: Revenue neutral. STAFF CONTACT: Cary Driskell, Deputy City Attorney ATTACHMENTS: Exhibit 1: Resolution Continuing Adoption of the Spokane County 10-Year Plan to End Homelessness and Regional Homeless Program. Exhibit 2: Information from Spokane County regarding "Homeless Housing and Assistance Act Regional Program." DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO. 10-001 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, CONTINUING TO ADOPT SPOKANE COUNTY'S REGIONAL TEN-YEAR PLAN TO END HOMELESSNESS AND THEIR REGIONAL HOMELESS PROGRAM. WHEREAS, pursuant to the provisions of RCW 43.185C, the Legislature passed the Homeless Housing and Assistance Act,the purpose of which is to recognize the fiscal and societal costs of homelessness for the public and private sectors, with a stated goal for state and local governments to end homelessness in Washington State; and WHEREAS, Spokane County adopted resolution 2005-1149 on December 20, 2005, authorizing execution of an Interlocal Cooperation Agreement between Spokane County and the cities and towns therein to develop a ten-year Homeless Housing Strategic Plan("Plan")and other matters related thereto; and WHEREAS, the Plan was adopted by Spokane County on January 19, 2006 and subsequently revised and finalized on February 24,2009, and titled"The Road Home"; and WHEREAS, RCW 43.185C in its entirety, and more specifically, 43.185C.160, allows the cities and towns within Spokane County to either assert responsibility for homeless housing within its borders, thereby creating its own homeless housing plan and program, or adopt the Spokane County Homeless Housing Task Force's Recommendations and the Plan as its own. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County,Washington as follows: Section 1. Adoption of Spokane County Plan. The City of Spokane Valley hereby adopts the Spokane County Regional Ten-Year Plan to End Homelessness and regional County homeless program. Section 2. Written Notice. The City Manager of the City of Spokane Valley is authorized to provide written notice of this Resolution to the Spokane County Director of Community Services, Housing, and Community Development. Section 3. Effective Date. This Resolution shall be in full force and effect upon adoption. Signed and executed this day of January,2010. CITY OF SPOKANE VALLEY Thomas E. Towey,Mayor ATTEST: Approved as to form: Christine Bainbridge, City Clerk Office of the City Attorney Resolution 10-001 Homeless Housing and Assistance Act i pok `1t i+I�'f7�ll: X,Ill �. wry' CHRISTINE BARADA COMMUNITY SERVICES, HOUSING, AND COMMUNITY DEVELOPMENT DIRECTOR December 18,2009 The Honorable Richard Munson City of Spokane Valley 11707 E. Sprague Avenue Suite 106 Spokane Valley,WA 99206 Dear Mayor Munson: I Re: Response and Resolution needed by January 31,2010 on Homeless Housing and Assistance Act Regional Program. In 2005 the State Legislature passed a bill known as the Homelessness Housing and Assistance Act,ESSHB 2163,later codified at RCW 43.185C("Act")with a stated goal of reducing homelessness statewide by fifty percent by July 1,2015. The Act requires the establishment of a local homeless housing task force,whose purpose is to develop a ten-year homeless housing plan specific to the local jurisdiction's needs. The Act imposes real estate document recording fees,a portion of which is retained by the respective county,with the balance going to the state for the I purpose of allocating grants to local governments. The Act was amended in 2007 by ESSHB 1359 and again in May,2009 by ESSHB 2331 for the purpose of continuing funding by imposing document recording fees. The Act allows the cities/towns to assert responsibility for homeless housing within its borders if it so chooses by forwarding a resolution from its legislative authority to the county stating its intention to operate a separate homeless housing program.The city/towns potential allocation of the document recording fees would be based on a percentage equal to the percentage of the city's/town's portion of the real estate excise tax collected by the county. Since 2005 approximately$4.3 million has been collected for Spokane County regionally. Some of this revenue goes to the state depending on specific legislation.Your jurisdictions percentage of revenue would be based on the real estate excise tax percentage. (See Attached). A city/town choosing to operate its own homeless housing program is then responsible for complying with all of the same statutory requirements as counties,including the adoption of its own homeless housing plan and program. Alternatively,the city/town may by resolution of its legislative authority chose to stay in the county's homeless regional plan and program. For the past 2-years, Spokane County has contracted with the City of Spokane,through its Human Services Department to administer a Request for Proposal(RFP)process and monitor funded county-wide homeless activities that further the goal of reducing homelessness by 2015. For 2010-2011,the Board of Spokane County Commissioners will allocate$1,000,000 toward the 312 WEST 8TH AVENUE • FOURTH FLOOR • SPOKANE, WA 99204 PHONE:(509)477-5722 • FAX:(509)477-6827 • TDD:509-477-5722 •1 RELAY SERVICE OF WASHINGTON:1-800-833-6384 • WWW.SPOKANECOUNTY.ORG I regional goal of reducing homelessness,and agreed to an Agreement with the City y of Spokane to again conduct the RFP process and monitor funded projects and services. The document recording fees are placed in a separate fund by the Spokane County Auditor's Office,with a portion remitted to the State as required by statute.In 2008-2009 a Task Force developed a Spokane Regional Ten-Year Plan to End Homelessness(Plan).Its purpose having been accomplished,the Task Force will be replaced by,or incorporated into an Advisory Committee. The Advisory Committee will include representatives of the Spokane incorporated cities/towns and citizens of the unincorporated area and make recommendations to the county and Board of County Commissioners on regional homeless priorities,needs,and funding allocations. This letter is to advise you that your city/town has the right to operate your own homeless housing program by submitting a resolution from your legislative authority to Spokane County Community Services,Housing,and Community Development Department by January 31,2010. In this event an Agreement between Spokane County and your city/town will be executed. (See attached sample resolution). Spokane County continues its support of the regional approach to reducing homelessness and we encourage your jurisdiction to remain in our regional planning and appropriation process. By January 31,2010 please return a copy of your resolution choosing to remain in the county's Homeless Housing Program or to opt out of the county program. (See attached sample resolution). We look forward to your response and regional participation in this very important cause. Please call me at 477-7561 or Tim Crowley at 477-4488 if you have any questions. Sincerely, Christine Barada Director cc: T.Mielke M.Richard B.Mager M.Farnell D.Mercier T.Crowley 2 I I 1 No. BEFORE THE(CITY)(TOWN)COUNCIL. OF • 1 IN THE MATTER OF ADOPTING THE ) SPOKANE COUNTY REGIONAL 10-YEAR ) PLAN TO END HOMELESSNESS(THE ) ROAD HOME)AND REGIONAL ) RESOLUTION HOMELESS PROGRAM ) ) fith WHEREAS,pursuant to the provisions of Chapter 484,Laws of 2005 (ESSB 21 63)ttieit after codified at RCW 43.185C,the Legislature passed the Homeless Housing and Assistance. b't'�"Act' ,Iieypurpose of which is to recognize the fiscal and societal costs of homelessness for the Ric c anvil privatelkectors, with.a stated goal for state and local governments to end homelessness in Washi ktVh State. WHEREAS,Spokane County adopted Resolution No.2005-1149 Deceml lag1 00JI'uthorizing execution of an Interlocal Cooperation Agreement between SpokaneCount3.hd Mitity of Spokane to develop a 10-year Homeless Housing Strategic Plan("Plan")a9R1'111114 mattdtS related thereto;said Plan having been developed and adopted January 19,2006 and subse l enily evisec`and finalized February 24, 2009,hereinafter known as the Spokane County Regional�}QOpar Wnot1nd Homelessness("The Road Home"); 14E� '1414 1,1''' WHEREAS,RCW 43.185C allows the Cities and Towns l in Apokane County to either assert responsibility for homeless housing within its tS`rdGrs,therebf heating its own homeless housing plan and program or adopt the Homeless Housing' k Face's Recommendations and the Spokane County Regional 10-Year Plan to End Homelessness(" Road(Hoine")as its own; NOW,THEREFORE,BE IT HE I SOL by the(Name of City or Town)(Town)Council of (Name of City 'f ltB � (N rty or Town)that rtAl��reb 1, ltt f�'I III , ,�I Adopts the Spokane County ion l 0-Year Plan to End Homelessness("The Road Home")and regional county homeless pro { (O lMg into the county program). •}*IIlllit k 1I11,/ OR Chooses to operate its o3�t 118ftiless program,including creating its own homeless housing plan and will meet state requit }ents. (N}�ting'out of the county program). r,llll3i ',l;' PASSE1 AID A> �r�this day of ,2009. '11iillillfllll .p Ili' CITY COUNCIL OF ,Washington Name ATTEST: Name Name Clerk 1I • • • iJ • C a) . �E...1 L a) X O \O O O O `O O O O O O W * O W C. c ri co 1. CD O m 1. 0 t-1 N N to 0 to O ►n m co O o CO CI' O o o CD CD O LO o a) w ucsi rio0om 0000rioi6aio 4.1 CO V d r1 N O C cc w C. 0 co o O O C O 0 D. m cu › s t o L a) u > ++ 0 0 to a) _,c c co m .`DC U U c y N `t N a�i b 3 v N O O 3 C O Uc o ~3 0 c 0 C L_m o m O m as E m CD CU a°i N Q O 10- a) l0 • O' N N '0 Uo N M. CO al O a1 •p m C u oi a) a-, O .N C d� N' ri ri 0 In CO co ,N 03 Y y = OD, 0 0 0 a) o x s L N 4) E • em1 rmi m-I ,°i c a) N p .� m m. m m o �, o �. 2 y vii o d il) C O l^D_ 0 N- 0 ln0 d C a) C u c m m d' O qt O so: O E O E a) M 000 O co O DdD o0 "O +O+ 3 .^i m t 0) 0 O O O O O u N C l D Q _4._I- +� 4''+ do c E C +' o C CD O lmD_ O lm0 O C O 00 3 N N Li) O N -0 'p ry c0 C U N H ffi in CO C l^0 0 (.0 co u d � E C) t- N rn CD' l0' O l0' .O IA '= .O > E y .Y. a) N '-1' G) ++ 9 Q t E t • a u ` u - c Z N v 3 in /A N b j °Q (O yr O +� C a`@)• u C C Co `1 C' N 00 O u tt0 a) D. c :1:-.. m y =' c ro. o E — o m E x u 4-- > U c O MO 00 4J 0 O (O aI) 0- a m IDo coo m c Y ID co'Cu • a) OO N m E ++ ++ [O. Co N "a c a) zi U 0 o O O ++ o) u o ho Q 41 a C o O v- :- 3 Q O 0 C .0 0 0 !-^ F'- • =N U Q F-• Z )• Q F- re . I Chris Bainbridge From: Richard Munson Sent: Monday, December 21, 2009 2:19 PM To: Dean Grafos; bgrassel @msn.com; Bob McCaslin (Bob McCaslin); 'edward @cet.com'; Bill Gothmann; Branch, Carolbelle; Cary Driskell; Chris Bainbridge; Dave Mercier; Dempsey, Rose; Diana Wilhite; Dick Denenny; Gary Schimmels; Ian Robertson; Mike Connelly; Mike Jackson; Passmore Sue; Richard Munson Cc: 'DPfrimmer @spokanecounty.org' Subject: FW: Attached letter from Spokane County to Mayor Richard Munson Attachments: Spokane Valley 2163 Mayor Letters.pdf This looks like a job for the incoming council. RICH Richard M. Munson Mayor Spokane Valley (509)688-0034 From: Pfrimmer, Debi [mailto:] Sent: Friday, December 18, 2009 1:29 PM To: Richard Munson Cc: Dave Mercier Subject: Attached letter from Spokane County to Mayor Richard Munson 7 kusticmcrt On Behalf of Christine Barada, Director, Spokane County Community Services, Housing, and Community Development Department: Dear Mayor Munson, Please see the attached letter and documentation regarding: Response and Resolution needed by January 31, 2010 on Homeless Housing and Assistance Act Regional Program(with attachments sample resolution and calculations on County surcharge collected for Spokane County regionally). The original documentation will be sent to you via USPS. If you have any questions please don't hesitate to call Christine Barada at 477-7561 or Tim Crowley at 477-4488. Thank you, Debi Pfrimmer Staff Assistant Community Services, Housing, and Community Development Department 312 W. 8th Avenue Spokane, WA 99204 (509)477-5723 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 19, 2009 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Proposed Resolution 10-002 Amending 2010 Fee Resolution GOVERNING LEGISLATION: The current resolution is 09-015 which was passed in October 20, 2009, and was effective January 1, 2009. PREVIOUS COUNCIL ACTION TAKEN: Each year the City Council passes a resolution to adjust fees so that most city costs can be recovered for services provide to others. Staff also recommends the deletion and addition of fees when conditions warrant the change. BACKGROUND: Fees for 2010 were approved by the City Council on October 20, 2009. Following the approval of fees it was noticed that there was one incorrect fee within the Parks and Recreation Department section. Amending the fee resolution is necessary since reservations are currently being taken for 2010. 1. Under Picnic Shelters — the rate listed of "$84 for five hours" should be changed to "$50". Staff did not recommend an increase for 2010 and the initial change was the result of a clerical error. OPTIONS: Approve the amendment to the 2010 fee resolution as suggested by staff OR Provide additional direction to staff. RECOMMENDED ACTION OR MOTION: Approve the 2010 fee resolution amendment as outlined by staff. BUDGET/FINANCIAL IMPACTS: These changes will have no net affect on City revenues for 2010. STAFF CONTACT: Michael D. Stone, Director of Parks and Recreation ATTACHMENTS: None DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO. 10-002 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING RESOLUTION 09-015, AND APPROVING AN AMENDED MASTER FEE SCHEDULE WHEREAS, it is the general policy of the City to establish fees that are reflective of the cost of services provided by the City; and WHEREAS, the City uses a resolution to establish fees for City programs, permits and services, and periodically,the fee resolution must be updated to incorporate new or modified services; and WHEREAS, C ouncil d esires t o m odify t he R esolution and accompanying F ee S chedule to correct fees associated with rental of picnic shelters. NOW THEREFORE,be it resolved by the City Council of the City of Spokane Valley, Spokane County,Washington, as follows: Section 1. The changes needed at this time are incorporated into the attached schedule D of the Master Fee Schedule. Section 2. Repeal. To the extent that previous fee schedules are inconsistent with those set forth herein,they are repealed. Section 3. Effective Date. This Resolution shall be in full force upon adoption. Approved this day of January, 2010. ATTEST: CITY OF SPOKANE VALLEY Christine Bainbridge, City Clerk Thomas E. Towey, Mayor Approved as to form: Office of the City Attorney Resolution 10-002 Amending Fee Resolution for 2010 Page 1 of 16 DRAFT MASTER FEE SCHEDULE Fee Schedule Page No. Schedule A: Planning 3 Schedule B: Building 5 Schedule C: Fire Code 10 Schedule D: Parks and Recreation 12 Schedule E: Administrative 15 Schedule F: Other Fees 15 Schedule G: Police Fees 16 Resolution 10-002 Amending Fee Resolution for 2010 Page 2 of 16 DRAFT MASTER FEE SCHEDULE Schedule A — Planning FEE AMOUNT AMENDMENTS Comprehensive Plan Amendment $1,500.00 Zoning or other code text amendment $1,500.00 APPEALS Appeal of Administrative Decision $1,050.00 Appeal of Hearing Examiner Findings $315.00 Transcript/record deposit on Appeals of Hearing Examiner Decisions $157.00 ENVIRONMENTAL REVIEW STATE ENVIRONMENTAL POLICY ACT(SEPA) Single Dwelling (when required) $100.00 All other developments $350.00 Environmental Impact Statement(EIS) Review,minimum deposit $2,200.00 Addenda of existing EIS Review $350.00 SHORELINE Substantial Development Permit $840.00 CRITICAL AREAS Floodplain Permit $315.00+$52.00 per lot OTHER PERMITS Home Occupation Permit and Accessory Dwelling Units (ADU) $84.00 Conditional Use Permit $840.00 Temporary Use Permit $157.00 LAND USE ACTIONS Subdivisions Preliminary plat $2,324.00+$40.00 per lot Final Plat $1,424.00+$10.00 per lot Time extensions—file review and letter $80.00 Short Plats Preliminary 2 to 4 lots $1,224.00 Final plat 2 to 4 lots $924.00 Preliminary plat 5 to Slots $1,424.00+$25.00 per lot Final plat 5 to Slots $1,224.00+$10.00 per lot Time extensions—file review and letter $80.00 Resolution 10-002 Amending Fee Resolution for 2010 Page 3 of 16 DRAFT Plat Alteration Subdivision plat $682.00 Short plat $278.00 Binding Site Plan Binding site plan alteration $1,474.00 Change of Conditions $650.00 Preliminary binding site plan $1,674.00 Final Binding Site Plan $924.00 Aggregation/Segregation Lot line adjustment $105.00 Lot line elimination $105.00 Zero lot line $105.00+$10.00 per lot Plat Vacation $1,474.00 SIGNS Review of permanent sign $50.00 +$25.00 if public works review needed Review of temporary sign $50.00 SITE PLAN REVIEW $550.00 STREET VACATION APPLICATION $1,365.00 OTHER Administrative Exception $315.00 Variance $1,575.00 Administrative Interpretations $100.00 Preapplication Meetings $250.00 Deducted from land use application fee is application is filed within one year of preapplication meeting ZONING Zoning map amendments (rezone)* $1,650.00 Planned residential development plan $1,575.00+$26.00 per lot Planned residential development modification $525.00 Zoning letter $210.00 *If rezone is combined with other action(s), cost of other action(s)is additional Resolution 10-002 Amending Fee Resolution for 2010 Page 4 of 16 DRAFT Schedule B — Building Fee Payment Plan review fees are collected at the time of application. Such fees may be adjusted during plan review. Overages or under payments will be appropriately adjusted at the time of permit issuance. Plan review fees are separate from and additional to building pe rmit fees. Permit fees and any of her unpaid fees are collected prior to issuance of the permit. Fees for outside professional services required during the permit process will be paid by the applicant. Examples of out side p rofessional s ervices include review by c ontract reviewers, special inspection or construction services, consultant ser vices for spe cial topics, surveying or of her se rvices required to determine compliance with applicable codes. Fee Refund Policy Plan review fees are non-refundable once any plan review work has been started. Permit fees are non- refundable once work authorized by the permit has begun. Applicants/permit ho lders of projects e ligible for r efund must request a r efund i n writing within 180 calendar days of application submittal or permit issuance. Requests received after 180 calendar days are not eligible for refund. Building plan review fees will be refunded when an eligible request is received in writing. A $35.00 administrative fee will be retained. If the paid building plan review fee exceeds $35.00, the amount for refund will be calculated at the rate of 100%of the building plan review fee paid minus $35.00. Building permit fees will be refunded when an eligible request is received in writing within 180 days of permit issuances. An a mount e qual to the hourly r ate for one hour of staff time a s designated in this schedule w ill b e retained. If the building permit fee is less than the amount for one hour of staff time,the building permit fee will not be refunded. If the paid building permit fee exceeds the amount for one hour of staff time,the refund will be calculated at the rate of 95%of the building permit fee paid in accordance with Schedule B of the Master Fee Schedule. FEES GENERAL Hourly Rate for City Employees $61.00 Overtime rate for City Employees (1.5 times regular rate) $92.00 Investigation fee: Work commenced without required permits Equal to permit fee Replacement of lost permit documents Hourly rate; 1 hour minimum Revisions t o plans requested by the applicant or pe rmit hol der w ill b e charged the hourly rate with a minimum of one hour. Revised plans submitted in response to reviewer correction letters are not subject to the hourly assessment. Washington State Building Code Council Surcharge (WSBCC) $4.50 per permit WSBCC Surcharge (Multi-Family) $4.50 1st dwelling unit+ $2.00 each additional unit BUILDING PERMIT: Resolution 10-002 Amending Fee Resolution for 2010 Page 5 of 16 DRAFT Building permit fees for each project are set by the following fees. The figures below are to be used to determine the building permit fees and plans check fees based on the value of the construction work as stated by the applicant or the value calculated by the Building Official using the latest valuation data published in the Building Safety Journal by the International Code Council,whichever value is greater. Valuations not listed in the Building Safety Journal: Building Type Valuation Per Square Foot Residential garages/storage buildings (wood frame) $19.00 Residential garages (masonry) $22.00 Miscellaneous residential pole buildings $19.00 Residential carports, decks,porches $15.00 Building Permit Fee Calculation Total Valuation Building Permit Fee $1.00 to $25,000.00 $69.25 for first$2,000.00 + $14.00 for each additional $1,000.00 (or fraction thereof) Up to and including $25,000.00 $25,001.00 to $50,000.00 $391.25 for first$25,000+ $10.10 for each additional $1,000.00 (or fraction thereof) Up to and including $50,000.00 $50,001.00 to $100,000.00 $643.75 for first$50,000.00 + $7.00 for each additional $1,000.00 (or fraction thereof) Up to and including $100,000.00 $100,001.00 to $500,000.00 $993.75 for first$100,000+ $5.60 for each additional $1,000.00 (or fraction thereof) Up to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,233.75 for first$500,000.00 + $4.75 for each additional $1,000.00 (or fraction thereof) Up to and including $1,000,000.00 $1,000,001 and up $5,608.75 for first$1,000,000.00 + $3.15 for each additional $1,000.00 (or fraction thereof) Plan Review Fee Calculation %of Building Permit Fee Plans review fee (general) 65% Plans review fee—Group R-3 occupancies (single family less than 7,999 sq ft) 40% Plans review fee—Group R-3 occupancies (single family 8,000 sq ft or more) 65% Plans review fee—Group U occupancies (sheds,barns,et.) 25% Initial Plan Review Fees are capped at$35,000 not including pass-through expenses for outside review as noted in the "Fee Payment" section of this schedule. Resolution 10-002 Amending Fee Resolution for 2010 Page 6 of 16 DRAFT OTHER BUILDING PERMITS: Over-the-Counter Service $61.00 flat fee Demolition Permit Single Family Residence $46.00 flat fee Commercial Buildings $131.00 flat fee Garage or accessory building associated with residence or commercial building $21.00 flat fee Foundation Only: 25%of building permit fee Swimming Pools, over 5,000 gallons $52.00+ plumbing fees Re-roof(no plan review charge unless submitted for review) Based on Project Valuation Change of Use or Occupancy Classification Permit Hourly Towers, elevated tanks, antennas Hourly GRADING PERMIT: 100 cubic yards (cu yd) or less $21.00 101 to 1,000 cubic yards $21.00 for first 100 cu yd. + $7.00 each additional 100 cu yd 1,001 to 10,000 cubic yards $88.00 for first 1,000 cu yd+ $6.00 each additional 1,000 cu yd 10,001 to 100,000 cubic yards $154.00 for first 10,000 cu yd+ $15.00 each additional 10,000 cu yd 100,001 to 200,000 cubic yards $386.00 for first 100,000 cu yd+ $15.00 each additional 100,000 cu yd 200,000 or more cubic yards $528.00 for first 200,000 cu yd+ $15.00 for each additional 200,000 cu yd GRADING PLAN REVIEW FEE: 50 cubic yards or less No Fee 51 to 100 cubic yards $12.00 101 to 1,000 $21.00 1,001 to 10,000 $27.00 10,001 to 100,000 $27.00 for first 100,000 cu yd+ $7.00 each additional 10,000 cu yd 100,001 to 200,000 $104.00 for first 100,000 cu yd+ $6.00 for each additional 100,000 cu yd 200,001 or more $166.00 Land Clearing Only(without earth being moved) $68.00 Paving Permit(greater than 5,000 sq. ft. —new paving only) $263.00 Resolution 10-002 Amending Fee Resolution for 2010 Page 7 of 16 DRAFT MECHANICAL PERMIT: Plan review fees for mechanical permits will be collected at the time of application as noted in the "Fee Payment" section of this schedule. Permit fees will be collected when the permit is issued. If submitted as part of a building permit application,the unit costs are added, but not the "basic"fee for issuing the permit. Mechanical Permit Fees A. BASIC FEES 1. Basic fee for issuing each permit $37.00 2. Basic fee for each supplemental permit $8.00 B. UNIT FEES (in addition to the basic fee) 1. Installation or relocation of Furnaces and suspended heaters a. up to and including 100,000 btu $13.00 b. over 100,000 btu $16.00 2. Duct work system $11.00 3. Heat pump and air conditioner a. 0 to 3 tons $13.00 b. over 3 tons to 15 tons $21.00 c. over 15 tons to 30 tons $26.00 d. over 30 tons to 50 tons 437.00 e. over 50 tons $63.00 4. Gas water heater $11.00 5. Gas piping system $1.00 per outlet 6. Gas log, fireplace,and gas insert installation $11.00 7. Appliance vents installation; relocation; replacement $10.00 each 8. Boilers, compressors,and absorption systems a. 0 to 3 hp- 100,000 btu or less $13.00 b. over 3 to 15 hp- 100,001 to 500,000 btu $21.00 c. over 15 -30 hp-500,001 to 1,000,000 btu $26.00 d. over 30 ph- 1,000,001 to 1,750,000 btu $37.00 e. over 50 hp-over 1,750,000 btu $63.00 9. Air Handlers a. each unit up to 10,000 cfm, including ducts $13.00 b. each unit over 10,000 cfm $16.00 10. Evaporative Coolers (other than portable) $11.00 11. Ventilation and Exhausts a. each fan connected to a single duct $11.00 b. each ventilation system $13.00 c. each hood served by mechanical exhaust $13.00 12. Incinerators a. residential installation or relocation $21.00 b. commercial installation or relocation $23.00 13. Unlisted appliances a. under 400,000 btu $52.00 b. 400,000 btu or over $105.00 14. Hood a. Type I $52.00 b. Type II $11.00 15. LP Storage Tank $11.00 16.Wood or Pellet Stove insert $11.00 17.Wood stove system-free standing $26.00 Resolution 10-002 Amending Fee Resolution for 2010 Page 8 of 16 DRAFT PLUMBING PERMIT: Plan review fees for mechanical permits will be collected at the time of application as noted in the "Fee Payment" section of this schedule. Permit fees will be collected when the permit is issued. If submitted as part of a building permit application, the unit costs are added,but not the "basic" fee for issuing the permit. A. BASIC FEES 1. Basic fee for issuing each permit $37.00 2. Basic fee for each supplemental permit $8.00 B. UNIT FEES (in addition to the basic fee) 1. Each plumbing fixture on a trap $6.00 each (includes g arbage disposals, dishwashers, backflow de vice, drainage, hot tubs,built-in water so ftener, water closets,lavatories, sinks, drains, etc.) 2.Water Heater $6.00 each 3. Industrial waste pretreatment interceptor $16.00 (includes its trap and vent, except kitchen type grease interceptors functioning as fixture traps.) 4. Repair or alteration of water piping, drainage or vent piping $6.00 each fixture 5. Atmospheric type vacuum breaker $6.00 each 6. Backflow protective device other than atmospheric type vacuum breakers $6.00 each 7. Medical gas $6.00 per outlet 8. Interceptors $6.00 each RIGHT-OF-WAY PERMIT: A traffic plan and traffic plan review is required if more than 50%of the width of any street is closed or if a single arterial lane is closed. A minimum plan review fee of$6 1.00 (hourly rate for city employees) applies to all right-of-way permits that require a traffic plan. If additional staff time is required, it will be charged at the hourly rate. Category 1.Non-cut obstruction without clean up $73.00 2.Non-cut obstruction with clean up $110.00 3. Pavement cut obstruction,non-winter $168.00 4. Pavement cut obstruction,winter $210.00 5. Approach Permit $52.00 SIGN PERMIT: Sign permits are subject to assessment of p lanning division review fees as found in Schedule A. Sign Permits are also subject to the assessment of the WSBCC fee as noted in Schedule B "General" section. Signs mounted on buildings $48.00 per sign(flat fee) Sign and pole mounting $68.00 per sign (flat fee) Resolution 10-002 Amending Fee Resolution for 2010 Page 9 of 16 DRAFT Schedule C — Fire Code FIRE ALARM, SPRINKLER AND OTHER PROTECTION SYSTEMS City processing fee added to these Fire District I fees $37.00 Plans check and review fees, inspections and permit for installation of sep arate fire alarm system or sprinkler system applications, and other fire protection systems. Fire Alarm System New Installation 1 to 4 devices $165.00 5 to 100 devices $275.00 Additional 100 devices $55.00 Each additional panel $44.00 Sprinkler supervision only $83.00 Each additional floor $44.00 Fire Sprinkler Systems 1 to 9 heads $58.00 10-49 $182.00 50-100 $303.00 101-200 $358.00 201-300 $385.00 301-400 $413.00 401-500 $468.00 500 and more $550.00+$.36 per head For hydraulically designed systems,multiply the above fee by 2 Non-Suppression Systems Range hoods,halon, CO2, dry chemical, FM 200,intergen spray booths, etc. Unit 1-5 nozzles $110.00 Over 5 nozzles $110.00+ $11.00 per nozzle Bottle(s) $33.00 per bottle Fire Pump Installation: Plan review and inspection fee $550.00 Underground Fire Mains: Plan review and inspection fee $165.00 Standpipes not a part of automatic suppression system: Plan review and inspection $165.00 Resolution 10-002 Amending Fee Resolution for 2010 Page 10 of 16 DRAFT Other Protection Systems Fire extinguishing system(other than sprinklers) $55.00 +$1.50 per nozzle Standpipe installation Class I and II $64.00 Standpipe installation Class III $77.00 Storage tank installation: flammable &combustible liquids $70.00 per tank Storage tank installation: hazardous materials $70.00 per tank Liquefied petroleum $70.00 Gaseous oxygen systems $70.00 Nitrous systems $70.00 Medical gas systems $70.00 Hazardous material recycling systems $70.00 Vapor recovery system $60.00 Cryogenic $70.00 Storage tank removal, abandonment or any combination of flammable or combustible liquid storage tanks $105.00 Emergency or standby commercial power generator installation $70.00 PERMITS: Conditional Use Permit $70.00 Temporary Use Permit $70.00 Tents/Canopy Permit $70.00 Event Permit To Be Determined PLANS CHECK AND REVIEW BY THE BUREAU OF FIRE PREVENTION New Commercial plans check and inspection(for projects not mentioned elsewhere) $70.00 LAND USE Subdivision/PUD Preliminary $140.00 Final $70.00 Short Plat Preliminary $140.00 Final $70.00 Resolution 10-002 Amending Fee Resolution for 2010 Page 11 of 16 DRAFT Schedule D - Parks and Recreation ADMINISTRATIVE FEES Basic fees to be considered when applying rates Administrative Fee $32.00 Refuse Fee $52.00 AQUATICS Pool admission(age 5 and under) free Pool admission(age older than 5) $1.00 Pool punch pass(25 swims) $20.00 Weekend family discount- 1 child under 13 free with paying adult Swimming Lessons $30.00 Swim Team Fee $35.00 Reservation(less than 50 people) $105.00 per hour** Food fee (less than 50 people,if applicable) $25.00 Reservation(50-100 people) $131.00 per hour** Food fee (50-100 people,if applicable) $52.00 Reservation(101-150 people) $157.00 per hour** Food fee (101-150 people,if applicable) $79.00 **Minimum 2 hours ALCOHOLIC BEVERAGE PERMIT $10.00 CENTERPLACE Conference Center Wing Auditorium $79.00 per hour Auditorium $475.00 per day Auditorium $236.00 per half day Auditorium w/Presentation System $52.00 per hour*** Auditorium w/Presentation System $315.00 per day*** Auditorium w/Presentation System $158.00 per half day*** Auditorium Deposit $52.00 Executive Conference Room $52.00 per hour Executive Conference Room Deposit $52.00 Meeting Room (day and evening use) $42.00 per hour Meeting Room $263.00 per day Large Meeting Room $75.00 per hour Large Meeting Room $225.00 per half day Large Meeting Room $450.00 per 9 hr. day Meeting Room $131.00 per half day Meeting Room Deposit $52.00 Patio Event Package $300.00 per event Portable Sound System $150.00 per event Platinum Package $500.00 per event ***Requires rental ofpresentation system, see next page Resolution 10-002 Amending Fee Resolution for 2010 Page 12 of 16 DRAFT Great Room Kitchen with dining room rental $105.00 per use Kitchen Commercial use (2 hour minimum) $52.00 per hour Kitchen deposit 452.00 Multi-use/Banquet Hall $105.00 per hour Multi-use/Banquet Hall $840.00 per 9 hr session Multi-use/Banquet Hall $1,575.00 all day(6 a.m.-1 a.m.) Small Dining Area $52.00 per hour Deposit $210.00 Stage $21.00 per section per day Stage Removal $150.00 Table Settings (linens and tableware) $3.00 per place setting Senior Center Wing Lounge with Dance Floor $105.00 per hour Lounge with Dance Floor $850.00 per 6 hours Lounge deposit $210.00 Meeting room(evening use) $42.00 per hour Meeting room(evening use) $131.00 per 4 hr session Meeting room(weekend use) $262.00 per day Meeting room (weekend use) $131.00 per half day Meeting room deposit $52.00 Private Dining Room $52.00 per hour Private dining room deposit $52.00 Wellness Center $105.00 per hour Miscellaneous Cleanup fee $52 to $315.00 per event Host/Hostess (after hours) $16.00 per hour Presentation System *** $262.00 per day (includes projector,podium, DVD/VCR sound system, camera system) Room Setup $26.00 per hour Satellite Video Conferencing $262.00 per hour Sound System $42.00 per day Technical Support $42.00 per hour Television/VCR $79.00 per day Touch Pad Voting System $121.00 base station per day+ $16.00 per keypad per day per hour LCD Projector $25.00 per hour LCD Projector $100.00 per day Coffee Service $25.00 service Linens Only $5.00 per table Wine glass only rental $.50 per glass Resolution 10-002 Amending Fee Resolution for 2010 Page 13 of 16 DRAFT EVENTS—includes Pavilion Events include but are not limited to activities such as car shows,tournaments, and activities involving 200 or more people. The Parks and Recreation Director will make the final determination. General Fee $157.00 Non-profit applications $84.00 or free with sponsorship SPECIAL EVENTS: (See Spokane Valley Municipal Code 5.15) National Night Out $5.00 FIELD RENTAL/USE $26.00 1St hour+ $15.00 each additional hour INDOOR USE Open gym admission $2.00 Playground program admission(10 entries) $21.00 MIRABEAU SPRINGS Small shelter and waterfall $250.00 maximum 2 hours Refundable deposit(less than 200 people) $52.00 Event Pictures (for events reserving CenterPlace or Mirabeau Meadows) $150.00 per hour MIRABEAU MEADOWS AND VALLEY MISSION Shelter(less than 200 people) $84.00 Shelter(200 or more people) $157.00 Refundable deposit(less than 200 people) $52.00 Refundable deposit(200 or more people) $257.00 PICNIC SHELTERS Less than 200 people $50.00 $81.00 for 5 hours 200 or more people $157.00 Refundable deposit(less than 200 people) $52.00 Refundable deposit(200 or more people) $257.00 VALLEY MISSION ARENA Rental(Renter responsible for on-site preparation. Requires liability insurance) $105.00 per weekend Refundable deposit $52.00 PROFESSIONAL PHOTOGRAPHY—Permit fee $26.00 annual RECREATION Recreation program fees are set to recover costs as specified in the Parks and Recreation revenue policy. Resolution 10-002 Amending Fee Resolution for 2010 Page 14 of 16 DRAFT Schedule E — Administration COPY FEE: Copy of audio tapes,video tapes, DVD, CD's, etc. At Cost Copy of written documents (see Spokane Valley Municipal Code 2.75.070) $.15 per page Copy large format documents $3.00 per page NSF Check return fee $26.00 Schedule F — Other Fees BUSINESS REGISTRATION Business Registration $13.00 annual Nonprofit Registration $3.00 annual Late Business Registration Fee: (charged in addition to the business registration fee) (SVMC 5.05.050) Failure to pay the registration fee by the applicable date shall result in a late fee of 50%of the annual registration fee. Failure to pay the annual fee may result in non-issuance of a Washington State license, as determined by the Washington State Department of Licensing. Adult Entertainment Establishment License, Live Adult Entertainment $1,575.00 Establishment License,Adult Arcade $1,575.00 Adult Arcade Device License $157.00 Manager License $157.00 Entertainer License $157.00 Late Adult Entertainment License Fee: (charged in addition to the license fee) 7 to 30 calendar days past due 25%of license fee 31 to 60 calendar days past due 50%of license fee 61 and more calendar days past due 75%of license fee TOW OPERATOR REGISTRATION FEE $105.00 annual OVERSIZED LOAD PERMIT FEE $26.00 STORMWATER UTILITY CHARGE ON DEVELOPED PARCELS: Each single-family unit $21.00 annual All other properties each $21.00 per 3,160 sq. ft impervious surface Resolution 10-002 Amending Fee Resolution for 2010 Page 15 of 16 DRAFT Schedule G — Police Fees Alarm system registration Residential alarm systems $25.00 annual Commercial alarm systems $35.00 annual If the alarm site has no false alarms during the registration year,the following year's registration fee will be reduced to $15.00 per year for residential,and$25.00 per year for commercial.] Discounted alarm registration fees The annual registration fees and false alarm cost recovery fees are reduced by 50% for eligible citizens. To qualify for the fee reduction,an eligible person a. has a gross annual income of less than$19,100 for a one-person household or b. has a gross annual income of less than $21,850 for households of two or more persons or c. is sub stantially di sabled, meaning t hat t he pe rson ha s a phy sical or m ental i mpairment w hich substantially lim its o ne o r m ore major 1 ife activities or f unctions, s uch a s caring for one self, performing manual tasks such as walking, seeing,hearing, speaking,breathing and learning. Appeal regarding a false alarm $25.00 Service fees for response to a false alarm: Residential false alarm incident $85.00 per incident Commercial false alarm incident $165.00 per incident Resolution 10-002 Amending Fee Resolution for 2010 Page 16 of 16 AMENDED CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 19, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: CenterPlace Food Services Contract GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: CenterPlace Marketing Plan was approved in 2007. The first CenterPlace Food Services Contract was approved by the City Council in January 2008. BACKGROUND: CenterPlace moved forward with a contract for a non-exclusive in-house caterer for 2009. That was in accordance with the CenterPlace Marketing Plan approved by City Council in 2007. Staff issued a Request for Proposals on October 10, 2008 to provide Food Services at CenterPlace. Eight proposals were received. An interview short list was created after the proposals were evaluated and four finalists participated in an interview and taste testing process. As a result of the interview and taste testing process, staff identified Beacon Hill Events as the most qualified and experienced food service provider. At the end of 2009, both Beacon Hill and the City mutually agreed to not renew the contract for 2010. Staff feels that the concept of an in-house caterer at CenterPlace has merit, is of benefit to our customers and would like to give this opportunity another try for 2010. Therefore, we are recommending a new contract with Glover Mansion Events LLC, dba Red Rock Catering for 2010 as they were the second choice during the RFP process in December of 2008. Contract Highlights are the same as last year and they include: 1. One year non-exclusive contract with up to five one-year renewals 2. Commissions of 10% to 15% paid on food and beverages served 3 Third Party caterers allowed 4. Additional Marketing and Advertising 5. Provides for new food and beverage opportunities 6. Improved customer service and convenience OPTIONS: Authorize approval of CenterPlace Food Services Contract or recommend changes to proposed contract. RECOMMENDED ACTION OR MOTION: Approve the CenterPlace Food Services Contract with Red Rock Catering and authorize the City Manager or designee to approve the annual the annual renewals. BUDGET/FINANCIAL IMPACTS: None. Contract will provide additional revenue to City. STAFF CONTACT: Michael D. Stone, Director of Parks and Recreation ATTACHMENTS: Draft Contract and Exhibits AGREEMENT FOR CENTERPLACE FOOD SERVICES Glover Mansion Events LLC, dba Red Rock Catering THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington, hereinafter "City" and Glover Mansion Events LLC, dba Red Rock Catering, hereinafter "Contractor," sometimes jointly referred to as"parties." IN CONSIDERATION of the terms and conditions contained herein the parties agree as follows: 1. Grant of Catering/Concessions Privilege. The City grants Contractor non-exclusive authority for the sale of food and beverages, including alcoholic beverages, within CenterPlace as set forth generally in the Request for Proposals, attached as Exhibit 1 and incorporated herein by reference, and more specifically as set forth immediately below. Events not using Contractor for food and/or beverage service shall be referred to as Third Party events and are limited to the following conditions,rules and regulations. If a term in the Request for Proposals is inconsistent with the terms of this agreement, the terms contained in this agreement shall control. A. Events booked prior to the date of this Agreement. Agreements entered into by CenterPlace prior to the date of this agreement allowed the customer to use any caterer on the approved vendor list for CenterPlace. Caterers chosen by these customers will be allowed to provide food and beverage service. B. Events booked after the date of this Agreement. Events booked after the date of this agreement in which the customer wishes to use a Third Party caterer who complies with the CenterPlace policies in effect for third party caterers at the time. C. Special Events. For up to five Special Events in CenterPlace during each calendar year, subject to the discretion of the Director, the City reserves the right to permit an event presenter or its designee to sell and/or give away food and beverages in connection with the Special Event presented. D. Third Party Events. For all Third Party catered Events, an event presenter or its designee may be allowed to provide food and beverages. An Event presenter will not be allowed to use Contractor's equipment. Further, Contractor will not receive any revenue or commission for the City or an event presenter who is given the right to sell and/or give away food and beverages in CenterPlace, nor will Contractor pay any commissions to the City for sales made by an event presenter or its designee. E. Administration. The Parks and Recreation Director (Director) or designee shall administer and be the primary contact for Contractor. F. Representations. The City has relied upon the qualifications of the Contractor in entering into this agreement. By execution of this agreement, Contractor represents it possesses the ability, skill and resources necessary to perform the work and is familiar with all current laws,rules and regulations which reasonably relate to the services contracted for. No substitutions of agreed upon personnel shall be made without the written consent of the City. Contractor shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Contractor shall correct such deficiencies without additional compensation except to the extent such action is directly Agreement for CenterPlace Food Services—Red Rock Catering-Page 1 of 6 attributable to deficiencies in City furnished information. G. Modifications. The City may modify this agreement whenever necessary or advisable. The Contractor will accept modifications when ordered in writing by the Director or designee. Compensation for such modifications or changes shall be as mutually agreed between the parties. 2. Term of Contract. This agreement shall be in full force and effect upon execution and shall remain in effect until December 31, 2010. There are up to five additional one year renewal options,which may be exercised at the sole discretion of the City by the Director of Parks and Recreation. The City shall notify the Contractor by November 1 of each year whether the following option year will be exercised. Either party may terminate this agreement by thirty days written notice to the other party. In the event of such termination, the City shall pay the Contractor for all work previously authorized and satisfactorily performed prior to the termination date. Contractor shall fulfill all contracts with third parties booked at CenterPlace prior to termination as called for in this paragraph. 3. Event Pricing/Compensation. A. Event Pricing. Event pricing by the Contractor shall be as set forth in the Event Pricing,which is attached as Exhibit 2 and incorporated herein by reference. B. Compensation. Payment by the Contractor shall be as set forth in the Compensation Terms, which is attached as Exhibit 3 and incorporated herein by reference. 4. Facilities access and use. Access and use to the facilities shall be as set forth in Exhibit 4, which is attached and incorporated herein by reference. 5. Payment. The City shall be paid as set forth in Exhibit 3. 6. Notice. Notice shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name: Christine Bainbridge, City Clerk Name: Glover Mansion Events LLC, dba Red Rock Catering Phone Number: (509)921-1000 Phone Number: 509-459-0000 Address: 11707 East Sprague Ave, Suite 106 Address: 321 West 8th Spokane Valley,WA 99206 Spokane,WA 99204 7. Applicable Laws and Standards. The parties,in the performance of this agreement,agree to comply with all applicable Federal, State,local laws, ordinances, and regulations. 8. Relationship of the Parties. It is understood,agreed and declared that the Contractor shall be an independent Contractor and not the agent or employee of the City, that the City is interested in only the results to be achieved, and that the right to control the particular manner, method and means in which the services are performed is solely within the discretion of the Contractor. Any and all employees who provide Agreement for CenterPlace Food Services—Red Rock Catering-Page 2 of 6 services to the City under this agreement shall be deemed employees solely of the Contractor. The Contractor shall be solely responsible for the conduct and actions of all its employees under this agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings,plans,specifications,and other related documents prepared by the Contractor under this agreement are and shall be the property of the City,and may be subject to disclosure pursuant to RCW 42.56 or other applicable public record laws. 10. Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of the Contractor's records with respect to all matters covered in this contract. Such representatives shall be permitted to audit,examine and make excerpts or transcripts from such records and to make audits of all contracts,invoices,materials,payrolls and record of matters covered by this contract for a period of three years from the date final payment is made hereunder. 11. Insurance. The Contractor shall procure and maintain for the duration of the agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor,its agents,representatives, or employees. No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office(ISO)form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than$1,000,000 each occurrence, $2,000,000 general aggregate. Agreement for CenterPlace Food Services—Red Rock Catering-Page 3 of 6 C. Other Insurance Provisions. The insurance policies are to contain,or be endorsed to contain,the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. Cancellation of Contractor's insurance shall be governed by either: a.the policy shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty days prior written notice by certified mail, return receipt requested,has been given to the City, or b. the Contractor shall provide at least 30 days prior written notice by certified mail,return receipt requested of a cancellation. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this contract,the Contractor shall furnish acceptable insurance certificates to the City at the time the Contractor returns the signed contract. The certificate shall specify all of the parties who are additional insureds,and will include applicable policy endorsements,and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self- insurance. 12. Indemnification and Hold Harmless. The Contractor shall defend,indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees,arising out of or in connection with the performance of this agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then,in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City,its officers,officials,employees, and volunteers,the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of the agreement. 13. Waiver. No officer,employee,agent or other individual acting on behalf of either party has the power,right or authority to waive any of the conditions or provisions of this agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this agreement or by law,shall be taken and construed as cumulative,and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this agreement Agreement for CenterPlace Food Services—Red Rock Catering-Page 4 of 6 or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this agreement or any part thereof. 14. Assignment and Delegation. Neither party shall assign,transfer or delegate any or all of the responsibilities of this agreement or the benefits received hereunder without first obtaining the written consent of the other party. 15. Subcontracts. Except as otherwise provided herein, the Contractor shall not enter into subcontracts for any of the work contemplated under this agreement without obtaining prior written approval of the City. 16. Confidentiality. Contractor may,from time to time,receive information which is deemed by the City to be confidential. Contractor shall not disclose such information without the express written consent of the City or upon order of a Court of competent jurisdiction. 17. Jurisdiction and Venue. This agreement is entered into in Spokane County,Washington. Venue shall be in Spokane County, State of Washington. 18. Cost and Attorney's Fees. In the event a lawsuit is brought with respect to this agreement, the prevailing party shall be awarded its costs and attorney's fees in the amount to be determined by the Court as reasonable. Unless provided otherwise by statute, Contractor's attorney fees payable by the City shall not exceed the total sum amount paid under this agreement. 19. Entire Agreement. This written agreement constitutes the entire and complete agreement between the parties and supercedes any prior oral or written agreements. This agreement may not be changed, modified or altered except in writing signed by the parties hereto. 20. Anti-kickback. No officer or employee of the City,having the power or duty to perform an official act or action related to this agreement shall have or acquire any interest in this agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from any person with an interest in this agreement. 21. Business Registration. Prior to commencement of work under this agreement,Contractor shall register with the City as a business. 22. Severability. If any section,sentence,clause or phrase of this agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section, sentence, clause or phrase of this agreement. 23. Exhibits. Exhibits attached and incorporated into this agreement are: 1. Request for Proposals to Provide Food Services for CenterPlace,with Addendums 1 and 2; 2. Event Pricing; 3. Compensation Terms; 4. Facilities Access and Use; 5. Insurance certificates. IN WITNESS WHEREOF,the parties have executed this agreement this day of Agreement for CenterPlace Food Services—Red Rock Catering-Page 5 of 6 , 2010. CITY OF SPOKANE VALLEY: Contractor: , City Manager Owner Tax ID No. ATTEST: APPROVED AS TO FORM: Christine Bainbridge, City Clerk Office of the City Attorney Agreement for CenterPlace Food Services—Red Rock Catering-Page 6 of 6 Exhibit 1 Request for Proposal to Provide Food Services for CenterPlace City of Spokane Valley, Washington Parks and Recreation Department 2426 N. Discovery Place Spokane Valley, WA 99216 The City of Spokane Valley is requesting Proposals for Food Services for CenterPlace operated by the City of Spokane Valley. The Vendor will supply food services necessary to complete all catering requirements described in section 2.0 of this proposal. This work is currently not under any contract. Interested and qualified caterers who have successfully demonstrated their ability to provide similar services at comparable facilities are invited to submit proposals. All questions and comments will be reviewed and changes/addendums will be posted on the City website. Hard copies will be mailed upon request. 1.1 Objective: The objective of this Request for Proposals (RFP) process is to solicit sealed proposals to establish a contract(s), through competitive negotiations, to provide food services for CenterPlace. 1.2 General Information: The City of Spokane Valley has a population of 88,280 residents and covers a geographic area of over 35 square miles. The City of Spokane Valley incorporated in March 2003. CenterPlace is owned by the City of Spokane Valley and operated by the Parks and Recreation Department. It is a 54,000 sq. ft. regional event, senior and community facility. There are over 30 rooms in the facility including (but not limited to) the kitchen, Great Room, Fireside Lounge and other smaller meeting rooms. Typical facility operating hours are 7:00AM — 10:00PM Monday-Thursday and 7:OOAM-12:OOAM Friday, Saturday & Sunday. Hours subject to change. 1.3 Selection Process: The selection process will be comprised of the following components: 1. Establish Compliance 2. Review Proposals 3. Interview Finalists 4. Final Selection 1 Exhibit 1 The City of Spokane Valley will select a firm based on a combination of objective and subjective criteria including but not limited to qualifications, experience, menu selection, and commission paid to the City. 1.3.1 Step 1. Qualification of Proposals: Food Services Proposals will be reviewed by a committee of 3 (three) or more staff members of the City. Food Services Proposals not meeting the Minimum Mandatory Requirements (Section 1.3.3) will be deemed non-compliant by the committee will be eliminated from further consideration. 1.3.2 Step 2. Evaluation: The selection committee will evaluate the proposals based on written submissions and interviews. Criteria will include all aspects of the proposals. The City of Spokane Valley reserves the right to rank all proposals, along with reference checks, inspection of representative work and other information as may be determined and select "finalists" in a manner deemed in the best interest of the City. This includes but is not limited to a combination of experience, qualifications, quality of submittals, menus with pricing strategies and proposed commissions. The City will have sole discretion in judging the most qualified firm and awarding the contract. The City reserves the right to issue addendums to this Request for Proposals at any time. The City reserves the right to accept or reject any and all submittals and to withdraw or revise the selection process at any time. The decision by the City shall be final, and there is no further recourse or appeal. 1.3.3 Minimum Mandatory Requirements: 1. Firms submitting must have a minimum of 3 years of service/experience in the food services industry similar in nature and scope to those described in this RFP. Representative work should include experience or capabilities in all aspects of food services. 2. Firm must demonstrate knowledge and compliance of federal, state and local laws and regulations. 3. Successful firm will be required to obtain a City of Spokane Valley business license. 4. Firm must hold a Washington State Master Business License with a Spirits license or have the ability to obtain it within 6 months of award of contract. 5. Submission of a complete proposal as outlined in this request. RFP does not obligate the City to accept or contract for any expressed or implied services. 1.3.4 Vendor's Cost to Develop Proposals: RFP does not obligate the City to pay any costs incurred by respondents in the preparation and submission of a proposal. Exhibit 1 2.0 CONTRACT EXPECTATIONS: The expectation of the City of Spokane Valley CenterPlace Contract is to provide food services for local and regional groups which utilize the facility. The vendor will need to provide examples of menus with various pricing strategies to meet the needs of CenterPlace guests. Acceptable standards will produce a high level of customer service and quality food. The vendor will be required to inspect and monitor their own product. The vendor is expected to guarantee that all requirements as will be agreed upon and set forth in the final contract are met. A representative of the vendor shall communicate or be available for communication on a daily basis on weekdays and be able to be reached on weekends. Expectations include full compliance with all applicable state and local laws and licensing requirements. 2.1 Catering: The successful bidder will have the opportunity to provide non-exclusive catering services to events held at CenterPlace. The City's intent is to award this Food Services contract to one preferred vendor, however, groups would still have the ability to provide their own food or choose a caterer from our preferred list. Subcontracting is not allowed except where specifically approved by the City in writing. Catered events will range from continental breakfasts to served dinners, for both formal and informal settings. In 2007, 228 catered banquet events were served at CenterPlace. There were 405 meetings which also occurred at our facility which may or may not have had catered food. 2.1.1 Dining Facilities: Seating Capacity Great Room 350 Small Dining Room 50-100 (rented separately or with Great Room) Fireside Lounge 150 Meeting Room 106 15 Meeting Room 108 45 Meeting Room 109 100 Meeting Room 110 45 Meeting Room 111 45 Auditorium 105 (finger foods only; plated meals not allowed) Executive Conference Room 50 2.1.2 Commercial Kitchen: The caterer would have full access to the Commercial Kitchen. Caterer would be responsible for ensuring cleanliness of the kitchen after each event. Exhibit 1 2.2 Vendor Responsible for all Support Facilities: The City of Spokane Valley will not provide large equipment storage, work space or office space as part of this contract. The vendor will be responsible for providing all support facilities at their own location. Vendor will also be responsible for maintaining the cleanliness of the kitchen facilities which will include tableware, equipment, prep surfaces and floors. 2.3 Contract Term: This work will be awarded by contract to one preferred vendor. The contract term shall be for a period of one (1) year with five (5) one- year renewal options which may be exercised by the Parks and Recreation Director at his/her sole option. Either party may terminate the contract with a minimum of 30 days notice. The contract shall commence on or about January 1, 2009. The contract manager for the City of Spokane Valley shall be the Parks and Recreation Director or their designee. 2.4 Equal Opportunity Requirements: The City is an equal opportunity employer and requires all vendors to comply with federal and state policies and regulations concerning equal opportunity. 2.5 Business Registration: The Vendor awarded the contract must be registered to do business with the State of Washington and with the City of Spokane Valley. 2.6 Customer Service: There is a high degree of customer service involved in this contract. Vendors will communicate with CenterPlace staff and customers which rent space at CenterPlace for their events. Communication on a weekly basis to the CenterPlace Customer Relations/Facility Coordinator will be required. The vendor will be expected to perform duties such as catering and cleaning up during and after use of the facility. The contractor shall communicate all problems, customer service issues, questions, etc. on a daily basis with the CenterPlace Customer Relations/Facility Coordinator. Following groups or special events, the vendor is required to inspect the work areas and notify the Coordinator of any damage, excessive cleaning required, etc. 2.7 Lost and Found: All lost and found items shall be turned in immediately to CenterPlace staff. No lost and found items are to be removed from public property. The City will be responsible for receiving calls and returning items to the public. Items not claimed will be auctioned or otherwise disposed of in a fair and appropriate manner. In no case will the items be returned to the finder unless warranted by law. 4 Exhibit 1 2.8 Caterer Schedule: The expectations are that the vendor would be available to provide services at the facility seven days a week if required. Vendor is expected to work around public use and be courteous and respectful to all clientele of CenterPlace at all times. 2.9 Service Levels Subject to Change: A reasonable attempt has been made to provide an overview of anticipated work in this Request for Proposal. It should be understood by Proposers that the City of Spokane Valley CenterPlace usage is not static and facility use will fluctuate. Proposers should anticipate varying use. 3.0 SUBMITTAL INFORMATION: All submittals become the property of the City of Spokane Valley. All submittals become a matter of public record with the exception of those parts of each proposal which are defined by the contractor as business or trade secrets, and plainly marked as Trade Secret, Confidential, or Proprietary. Proposal should address each of the following: 3.1 Proposer Capability: A. Cover letter, including overview of the organization including number of years in food services business (minimum of 3 years of relevant food service experience) signed by a representative authorized to make contractual obligations. B. Description of the facilities operated, annual sales for a period of at least three (3) years. C. Sample menus with pricing. D. Proof of Spokane Regional Health District Catering Permit and copies of facility inspection reports issued by health department for 3 years. D. Provide financial statement showing your ability to provide the financing necessary to cater events at CenterPlace. E. Personnel: Hiring processes, background checks on employees, employee supervision, and overview of employee standards, including dress standards and training. F. Communication/feedback processes with owner, include frequency and method of day to day communication with owner. Communication can be through a variety of methods but must include some level of routine face to face communication between City and contractor. 5 Exhibit 1 G. Experience and methods for addressing customer complaints. H. Copy of State of Washington Master Business License with spirits license or letter stating willingness to obtain within 6 months of award of contract. I. Statement of ability to meet insurance and bonding requirements: o Worker's Compensation Insurance coverage. o General Liability Insurance coverage in the amount of $1 million per occurrence and $2 million in aggregate and proof of worker compensation insurance in compliance with Washington State Law. J. Discuss the challenges, problems, risks, concerns that you might foresee if awarded this contract. 3.2 Proposed Commissions: Bidders must submit their proposed commission rate as a percentage of sales for food and alcohol for the rooms listed below. The commission proposed will be submitted on Appendix A: Great Room/Small Dining Fireside Lounge Conference Rooms Food % % % Alcohol % % % Please include an annual pro-forma for each year of the five year contract. The pro-forma should include all projected income and expenses by category and percent of sales as well as the projected commission to the City and your profit. Be realistic in projecting your income and expenses. Commission is to be calculated based on gross sales (receipts less sales tax). 3.3 Subject To Verification: All information submitted is subject to verification by the City of Spokane Valley. 3.4 Submittal Format: Four (4) copies of the signed proposal shall be included. All addendums issued by the City for this Request for Proposal shall also be included. Proposals shall be submitted in a sealed envelope addressed to City of Spokane Valley, attn: Michael D. Stone, Director of Parks and Recreation, CenterPlace, 2426 N. Discovery Place, Spokane Valley, WA 99216. All sealed envelopes shall also be clearly marked "CenterPlace Food Services Proposal." 3.5 Submittal Due Date: Proposals are due on or before 5 PM, Friday, October 31, 2008. Proposals submitted by facsimile or by other telecommunication or electronic means will not be accepted. No exceptions will be made for proposals 6 Exhibit 1 submitted after the due date/time. Proposals may be withdrawn anytime prior to the end of due date/time. 3.6 Proposer Responsibilities: The successful Proposer shall be responsible for all services and required documents identified in this Request for Proposals. The Proposer is responsible for making all necessary investigations and examinations of documents, operations, and premises affecting performance of the proposed Food Service Contract. Failure to do so will not act to relieve any conditions or specifications outlined in the RFP. It is mutually agreed that the submission of a proposal shall be considered conclusive evidence that the Proposer has made such investigations and examinations. 4.0 MANDATORY PRE-PROPOSAL CONFERENCE: All prospective Proposers must attend a mandatory pre-proposal conference. The conference will be held at 10:00 AM, Friday, October 17, 2008, at CenterPlace, 2426 N. Discovery Place Spokane Valley, WA 99216. The conference will include on-site inspection of facilities conducted by Carol Carter our Community Relations/Facilities Coordinator. Please R.S.V.P. to (509)688-0182. 4.1 Questions: The City of Spokane Valley acknowledges that this Request for Proposal is comprehensive. Questions regarding the Request for Proposal will be accepted verbally or in writing. Questions will be noted and the answers will be distributed to all Proposers in possession of the Request for Proposal. Questions or Requests for Information should be directed to Michael D. Stone, Director of Parks and Recreation, City of Spokane Valley Parks and Recreation Department at the address listed on page 1 of this document or at 509-688-0182. 4.2 Right to Award: The City of Spokane Valley reserves the right to award this work in the manner deemed in the best interest of the City. The City shall be the sole judge in determining the successful Proposer(s). The City reserves the right to accept or reject any and all submittals and to withdraw or revise the Request for Proposal process at any time. The decision by the City shall be final, and there is no further recourse or appeal. 4.3 Severability: If any section, sentence, clause or phrase of this RFP shall be held to be invalid, such invalidity shall not affect the validity of any other section, sentence, clause or phrase of this RFP. 7 Exhibit 1 APPENDIX A FOOD SERVICES - CENTERPLACE SPOKANE VALLEY COMMISSION PROPOSAL SUBMIT THIS ENTIRE DOCUMENT, COMPLETELY FILLED OUT AND SIGNED, IN ENVELOPE MARKED "COST PROPOSAL FOR FOOD SERVICES". The Proposer certifies that they have visited CenterPlace included in this proposal and that they are familiar with catering. All conditions and terms of the Request for Proposal, apply to this Commission Proposal. The Proposer certifies receipt of all addendums issued for this project including No , , , , The Proposer agrees to perform all work as per the specifications and Addendums. The Proposer understands that the City of Spokane Valley intends to enforce the specifications as presented. Any and all changes/clarifications deemed necessary by the City of Spokane Valley will be made in writing by the City and signed by both parties. Cost Proposals are for a 12 month contract. In submitting a Commission Proposal, Proposer acknowledges they are aware of all requirements outlined in the Request for Proposal. Note all exceptions. Cite paragraph and attach explanation. 8 Exhibit 1 PROPOSED COMMISSIONS: Great Room/Small Dining Fireside Lounge Conference Rooms Food Alcohol In witness hereto the undersigned has set his (her) hand this day of , 2008 Name of Firm Signature of Proposer 9 Exhibit 1 pore Valley 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 Parks and Recreation 509.921.1000 • Fax: 509.921.1008 • cityhall@spokanevalley.org October 17, 2008 ATTENTION: All Proposal Holders ADDENDUM NO. 1 RFP No. 08-01 Request for Proposal to Provide Food Services for CenterPlace City of Spokane Valley Parks and Recreation Department The following corrections/clarifications are hereby made a part of the Request for Proposal Document. All proposal submitters are required to base their submittal upon the information furnished in this addendum; and acknowledge receipt of this addendum as required in the Request for Proposal. GENERAL CLARIFICATION OF SUBMITTAL PACKAGE: A completed submittal packet should contain the following: -All items listed in Section 3.1 Proposer Capability — A through J -Appendix A — Commission Proposal signed -Copy of the RFP -Copy of any Addendums Four copies of the completed submittal packet are to be submitted as described on page 6 under Section 3.4 Submittal Format. Addendum #1 1 City of Spokane Valley Parks and Recreation Department CenterPlace Food Service RFP Exhibit 1 THE FOLLOWING SECTIONS OF THE REQUEST FOR PROPOSAL FOR THIS PROJECT ARE AMENDED AS FOLLOWS: SECTION 1.3.3 MINIMUM MANDATORY REQUIREMENTS Item #4 — Replace existing wording with the following: Firm must hold a Washington State Business License. Firm must also meet one of the following two criteria: Firm must hold a Spirits license or the ability to obtain one within 6 months of the award of the contract OR Firm must be able to obtain liability insurance with a liquor liability endorsement. SECTION 3.2 PROPOSED COMMISSIONS Second Paragraph — Change first sentence to read: Please include an annual pro-forma for each year of the six year contract. END OF ADDENDUM NO. 1 Addendum #1 2 City of Spokane Valley Parks and Recreation Department CenterPlace Food Service RFP Exhibit 1 pore Valley 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 Parks and Recreation 509.921.1000 • Fax: 509.921.1008 • cityhall@spokanevalley.org October 22, 2008 ATTENTION: All Proposal Holders ADDENDUM NO. 2 RFP No. 08-01 Request for Proposal to Provide Food Services for CenterPlace City of Spokane Valley Parks and Recreation Department The following corrections/clarifications are hereby made a part of the Request for Proposal Document. All proposal submitters are required to base their submittal upon the information furnished in this addendum; and acknowledge receipt of this addendum as required in the Request for Proposal. GENERAL CLARIFICATION OF SUBMITTAL PACKAGE: An issue has arisen regarding the mandatory pre-proposal conference in reference to a potential respondent being unable to attend due to a traffic accident on his way to the pre-proposal conference. The City of Spokane Valley Legal staff has issued an opinion that the City cannot require potential respondents to attend a mandatory pre-proposal conference meeting. Therefore all prospective Proposers are eligible to submit a proposal. Minutes of the pre-conference meeting and a meeting handout are available on the City's website. END OF ADDENDUM NO. 2 Addendum #2 City of Spokane Valley Parks and Recreation Department CenterPlace Food Service RFP EXHIBIT 2 —EVENT PRICING At the beginning of each contract year Red Rock Catering shall submit to the City, for approval by the Director, the menus and prices which will be utilized by Red Rock Catering for that year. This submittal is not intended to be a complete list of the menu and beverage items which will be served by Red Rock Catering. The parties agree that Red Rock Catering may create additional menu items to be added from time to time by Red Rock Catering in response to customer demand. Red Rock shall exercise its best efforts to maintain a pricing practice consistent with the pricing set forth at the commencement of the agreement. Red Rock Catering shall maintain records supporting the prices charged for new menu and beverage items. The Director reserves the exclusive right to review and approve the cost of providing services under this agreement, which specifically includes the prices charged for food, beverages, concessions and catering. Red Rock Catering, pursuant to its reasonable business judgment and in consideration of prevailing market conditions in similar facilities located in the Spokane region, may request that the Director approve food, beverage, concession and catering price changes with such approval by the Director subject to his reasonable discretion. To support a requested price change, Red Rock Catering shall provide the Director with a written request, identifying the current and proposed prices, a survey of the prices charged in similar types of facilities within comparable markets, and such other information deemed relevant by the Director. Unless agreed otherwise, price changes shall be effective thirty (30) days following approval by the Director. Exhibit 2—Page 1 of 1 EXHIBIT 3 —COMPENSATION TERMS Red Rock Catering agrees to pay the City as a commission the percentage of monthly Adjusted Gross Receipts. Food at 15% for the Great Room, Small Dining Room, Fireside Lounge and 10% for all conference rooms. Alcohol at 15% for the Great Room, Small Dining Room, Fireside Lounge and all conference rooms. Both parties have the right to annually review and confirm commissions for the remaining years of the Agreement. Subject to the approval of the Director, in the event Red Rock Catering provides catering services other than for CenterPlace and utilizes the Premises or any equipment therein, Red Rock Catering shall pay to the City five percent (5%) of Adjusted Gross Receipts. 7.2 Date. The percentage of each month's Adjusted Gross Receipts shall be computed and payment of the appropriate percentage sum shall be made by the 10th day of each month based upon the preceding month's Adjusted Gross Receipts. Payment shall be made to the City by delivery of a check to the Director. 7.3 Accounting Records. Red Rock Catering shall maintain accounting records in accordance with generally accepted accounting principles and shall report gross revenues and Adjusted Gross Receipts to the City. Reporting of Red Rock Catering business activity in CenterPlace shall be monthly and shall separately set forth each activity. 7.4 Adjusted Gross Receipts. Adjusted Gross Receipts for purposes of establishing the base amount upon which the City is paid a fee is the total gross revenue received by Red Rock Catering pursuant to this Agreement, excluding any applicable sales tax paid; standard hospitality service charges and any service charges or premiums charged in connection with the use of credit or debit cards. Red Rock Catering shall, within ninety (90) days of the close of each calendar year, submit to the City annual statements of Adjusted Gross Receipts and the rents payable thereon, which statement shall be accompanied by an opinion of a certified or licensed public accountant. Exhibit 3 —Page 1 of 1 EXHIBIT 4—FACILITY ACCESS AND USE A. Red Rock Catering is given non-exclusive permission to use and enter designated areas of CenterPlace for the operation of catering and concession services as defined in this agreement. The City shall permit Red Rock Catering to occupy the food service area for the purposes set forth in this agreement. The food service area shall mean those areas in CenterPlace which are designated or otherwise authorized by the Director to be used for the operation of food services, which include, but are not limited to, the kitchen, banquet areas, classrooms, Fireside Lounge or other small meeting rooms where food and beverages may be consumed. B. The City shall have the right to make inspections of the food service area to ensure compliance with this agreement. Further, the City reserves the right of ingress and egress through the food service area for the purpose of operating, maintaining and inspecting CenterPlace. Red Rock Catering shall return the facilities to a clean and sanitary condition at the end of each event. C. In the event of third party damage or vandalism not the result of the negligence of Red Rock Catering, the City will bear the cost of repair to CenterPlace and equipment, and Red Rock Catering will bear its costs of repair to its facilities and equipment including fixtures and furnishing installed by Red Rock Catering pursuant to this agreement. D. Within ninety (90) days from the date this agreement is in effect, Red Rock Catering shall provide to the City an inventory of all furnishings, fixtures, or other items of personal property used by Red Rock Catering in providing food services which are provided by the City. This report shall further identify where the equipment, furnishing, or other items are located, any damaged or defective items, as well as any damages or defects noted in areas occupied and used by Red Rock Catering. Equipment, furnishings, or fixtures, or other items in areas used thereafter by Red Rock Catering and not identified in the above report shall be conclusively presumed to have been damaged by Red Rock Catering, and Red Rock Catering shall promptly report and replace or repair said damaged item or area at its sole expense. Red Rock Catering and the City are responsible for the maintenance of their own equipment. E. CenterPlace staff will set up, arrange and cover with tablecloth the tables and chairs for banquet food services. The tables, chairs and related food service equipment or materials shall be clean, in good working order and quality. Should Red Rock Catering be required to provide persons to assist in setting up, taking down, dishes, etc. the City agrees to pay the reasonable cost for such persons as mutually agreed. F. Red Rock Catering shall, as may be requested by the City, open concession stands during events, provided CenterPlace shall not be requested to open a concession stand more than two (2) hours in advance of any event. Exhibit 4—Page 1 of 2 G. Red Rock Catering shall provide an outside phone line and maintain it throughout the duration of this agreement for CenterPlace catering inquires. H. Red Rock Catering shall provide uniforms to be approved by the Director and shall require its employees to wear such uniforms at all events at CenterPlace. L Red Rock Catering shall respond to any CenterPlace caterer or event referral within 24 hours or the next business day. J. The City shall have access on a quarterly basis to review any customer satisfaction surveys conducted by Red Rock Catering. K. Red Rock Catering shall maintain outstanding customer service while on the Premises with staff, customers and third party caterers. L. Red Rock Catering shall have access and use of Room 133 for their office and dry storage needs as well as use of one refrigerator and freezer. M. Red Rock Catering and the City shall develop a communication and meeting schedule that is mutually agreeable. N. Keys for access to CenterPlace will be issued to Red Rock Catering by the Director as necessary to allow for efficient event preparation. Exhibit 4—Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 19, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business new business ❑ public hearing information X admin. report ❑ pending legislation AGENDA ITEM TITLE: Animal control regulations — number of dogs/cats before kennel license required GOVERNING LEGISLATION: SVMC 7.30; Spokane County Code 5.04. PREVIOUS COUNCIL ACTION TAKEN: Execution of interlocal agreement for animal control with Spokane County Regional Animal Protection Services (SCRAPS) in 2003; renewal of interlocal agreement in 2007 as rolling one-year contract unless terminated; adoption of Ordinance 07-003 in early 2007 created city-specific appeal procedures separate from those adopted by Spokane County; BACKGROUND: In the early days of forming the City, the Council chose to contract by interlocal agreement with Spokane County/SCRAPS for animal control services, rather than having them provided by internal City staff. In doing so, the City also adopted the County's animal control code provisions by reference, which became Spokane Valley Municipal Code (SVMC) chapter 7.30. In January, 2007, the Council adopted new procedures for appeals of administrative determinations relating to dangerous dogs and potentially dangerous dogs. This became necessary after the County Commissioners advised the City that they would no longer hear such appeals for the City, which then required us to have our own, City-specific dangerous dog procedures. The rest of our animal control regulations are the County Code provisions we adopted by reference in 2003. The City operated under these procedures until early 2008 because in early December, 2007, a Spokane County Superior Court judge issued a ruling on a City of Spokane dangerous dog case that caused us and Spokane County to look at our code provisions relating to such appeals. In short, the Court ruled that the City of Spokane's code was not clear that the City has the burden of proof to establish that the administrative determination (that an animal was "dangerous") was correct. Based on that case, the Council amended the provisions relating to dangerous dogs. Nancy Hill, Director of SCRAPS, and Todd Mielke, Spokane County Commissioner, will provide additional information. OPTIONS: NA RECOMMENDED ACTION OR MOTION: NA BUDGET/FINANCIAL IMPACTS: NA STAFF CONTACT: Cary P. Driskell, Deputy City Attorney, Nancy Hill, SCRAPS Director; Todd Mielke, Spokane County Commissioner ATTACHMENTS: A. Spokane Valley Municipal Code 7.30 relating to animal regulations B. PowerPoint from Nancy Hill, Director of SCRAPS Spokane County Regional Animal Protection Service Nancy Hill Director 2521 North Flora Road Spokane Valley, WA 99216 (509) 477-1967 NkY Q kyur ty6: SCR flPS 9. CRWIIIR‘ �d�protecti6 Today' s Presentation Mission & Purpose Operations Our Shelter Enforcement What Happens When? Questions Mission Statement "Building a more humane community, protecting public safety and ensuring animal welfare through compassionate, responsive, professional enforcement of laws and public policy. " Protecting People. Protecting Pets. Saving Lives. Our Purpose : To protect public safety. To promote responsible pet ownership. To enforce applicable animal ordinances in Spokane County and the cities that we serve. To care for all animals housed at our shelter, doing everything possible to return them to their owners, transfer them to other shelters or to adopt them into new homes. To provide the best services possible to the residents of the communities that we serve. To end euthanasia as a form of pet overpopulation control in our community. 41 Animal Control Today Provide service to 236,471 people in our contract cities and unincorporated areas Currently cover 2, 105 square miles Professional staff dedicated to the animals and the citizens that we serve Emphasis on quality and customer satisfaction Education Dog bite prevention programs offered to area elementary schools Animal safety classes also provided to service workers such as postal, meter readers, etc. Public service announcements on cable television promoting responsible pet ownership : r rte Location & Hours of Operation Our facility is located in east valley at 2521 N . Flora Road. Our phone service is available from 10:00a.m . — 5:30 p.m. We are open to the public: Monday, Tuesday, Thursday, Friday & Saturday Noon — 5:30p.m . Closed Sundays, Wednesdays and Holidays We provide emergency service 24 hours per day, 7 days a week to the communities that we serve. AI Our Facility Full service animal shelter After hours animal receiving room Crematorium New cat room Volunteer center Pet get acquainted areas Animal isolation room Pet play yards st. v,41, '1/4. .1/4. • \ \ •1/4. \\ \-4\ \\\ \\\ \ \• \ • • \\\j, IA1 \ ."\ \ \ \11‘ \\\N 1/4 \\\\\ " \ \ \ 1 \ \ \ NN\.\ ‘, \ \\ s". \ \ \.„ \\\ \\\ \\ \\ .\ \ \ \ \ • N. S \ "V WELCOME TO YOUR P.L.A.Y. YARD While inside this protected area, dogs may be taken off leash! or Take only one dog at a tine into the R.L.A.Y. yard; • Limit your P.L.A.Y, time to 10 minutes; ✓ Place dog toys back in box; Remember to place the leash back on the dog BEFORE opening the gate; Return dog to his/her kennel inside the building. Staff Animal protection director Staff assistant Six animal protection officers 3 office assistants plus two extra help office assistants four days a week and a secretary to serve visitors to our shelter and to handle the bulk of phone calls Three kennel maintenance personnel and one extra help kennel assistant to care for the animals, our building , and to maintain our grounds Pet Licensing Program 9,296 cats currently licensed 23,456 dogs currently licensed Pet licenses are available through the mail, at SpokAnimal and the Spokane Humane Society, and also at the shelter. • A pet license is your pet's phone call home! 41 Ai Adoption Program Active Adoption Program : Assure that all pets adopted from our shelter are sterilized . Offer animal behavior training with a certified dog trainer. Provide pet owners with information on how to handle behavior problems — barking , digging etc. Work with many rescue groups to give shelter animals an increased opportunity for placement. Volunteer Program Offer a variety of volunteer opportunities: • Adoption Counseling • Office Duties • Kennel maintenance and grounds care • Animal socializing • Dog walking and training We currently have a staff of 50 volunteers. tL Animal Protection Officers Hold a special deputy one commission from the Spokane County Sheriff's Department. Are trained in animal behavior, animal husbandry and law enforcement. Handle routine calls during regular operating hours. Provide emergency services after hours — evenings, weekends, and holidays. 1 arm .� IVs. 05T. '1,11,4 MOP.IMO WM t Animal Protection Services We respond to complaints regarding : Dog at large Cat at large on private property Dog barking Dog threatening people and/or animals Dog or cat bites Injured or sick dog/cat Animal cruelty complaints Confined dog or cat Abandoned animals Other agency assists Dead on arrival dog or cat Our Officers also : Provide kennel inspections for both private and commercial kennels. Inspect homes and enclosures that house dangerous dogs. Inspect residences where inherently dangerous mammals or reptiles reside. AI Emergency Calls Injured/sick dogs or cats *Vicious animals at large Severe dog bites and bites when dog is still at large Animal cruelty complaints Other agency assists *Vicious animals are those that are a threat to the public — people or other animals. 1 Routine Calls Dog/Cat confined in a trap Confined dogs Routine animal at large complaints or other nuisance complaints Investigation for issuance of infraction/misdemeanor charges Patrol school grounds and bus stops Dead on arrival dogs/cats Area patrols and trap deliveries Routine calls can become emergencies - if an animal is struggling in a trap,a confined dog is destroying a living room or a DOA animal is on school grounds. What happens when you call ? Animal control services are provided on a complaint basis. All complaints are entered in a log and assigned to an animal protection officer. Complaints are prioritized and higher priority complaints are handled first. All complaints are responded to in a timely manner. On routine nuisance complaints animal control officers on a first visit usually try and educate the pet owner and provide them with information on the law and solutions to the problem. Second nuisance complaints may result in the animal protection officer taking a statement from the complainant and possibly issuing a citation to the pet owner. Third nuisance complaints generally result in a citation being issued. If an officer is responding to a complaint of a loose dog they may impound the animal if it is running loose when they arrive. Officers try and return loose animals to their owners from the field when possible. A first call on a barking problem generates a letter to the dog owner regarding the complaint and the law — included is a helpful hints brochure. Second barking complaints result in a personal visit to the dog owner by an officer and/or a citation may be issued. Third complaints usually result in a citation. Complainants in barking cases are asked to keep a log of the barking - dates, times and duration. An officer investigates all cruelty complaints. Officers finding extreme animal cruelty may get a warrant and remove the animal for veterinary treatment and safekeeping . Dogs causing severe injury to a human, killing a domestic animal or dogs previously deemed potentially dangerous may be deemed dangerous and impounded — pending registration requirements — to insure public safety. Dogs/cats involved in a bite are quarantined for a 10-day rabies observation period. Home quarantine is allowed and the Spokane County Health District verifies the animal's health at the end of the observation period. Neighborhoods that have chronic problems with dogs running at large will be patrolled whenever possible. Feral cats are usually trapped. Traps are available to the public at no charge (a $20 refundable deposit is collected) - traps are checked out for a week at a time. Trapped cats can be brought into the shelter and will be removed from the trap by staff. These are general guidelines for the department. Animal control is not an exact science - the same thing does not happen every time - no two situations are exactly alike. Animal protection officers use common sense and investigative skills to come up with the best solution to the problem for the community and the animals. Contracts t We contract with the City of Millwood , the City of Cheney, the City of Spokane Valley, the City of Liberty Lake, and Fairchild Air Force Base. • Contracts with incorporated cities are billed based on a time study — actual work performed . Time Study Percentages Request for Service Impounds Investigations Emergency Calls Trapping Total % Spokane County 4847 3737 395 61 146 9186 50.52% Spokane Valley 4325 3547 357 74 114 8417 46.29% Millwood 130 53 8 4 5 200 1.10% Cheney 143 124 12 1 1 281 1.55% Fairchild AFB 31 61 6 1 1 100 0.54% Total 9476 7522 778 141 267 18184 100.00% Pet License Sterilization Program We currently give back to our community $4.00 of every pet license sold for the purpose of the sterilization of our community's pets. Voucher Information : r Available to residents of the areas that we serve. r Vouchers are issued to licensed pets only — you may purchase the license when you receive the voucher. r Vouchers are redeemable at any area veterinarian. r Vouchers are dollars off coupons worth: Dog Spay $50.00 Dog Neuter $45.00 Cat Spay $45.00 Cat Neuter $27.50 Spokane Valley Municipal Code 7.30 Chapter 7.30 ANIMAL REGULATIONS Sections: 7.30.010 Animal control regulations. 7.30.020 Copy to be available. 7.30.030 Repealed. 7.30.035 Declaration of dangerous dog determination —Appeals relating thereto. 7.30.040 Declaration of potentially dangerous dog determination —Appeals relating thereto. 7.30.045 Registration of dangerous dogs — Requirements —Annual fee. 7.30.010 Animal control regulations. A. Pursuant to RCW 35A.11.020 and 35A.12.140, the City of Spokane Valley adopts by reference Chapter 5.04, entitled "Dogs and Cats," and Chapter 5.12, entitled "Inherently Dangerous Mammals/Reptiles," of the Spokane County Code as now in effect and as subsequently amended as the animal control regulations for the City of Spokane Valley, except as specifically set forth in SVMC 7.30.035 relating to appeals of decisions of whether a dog is dangerous, and except as specifically set forth in SVMC 7.30.040 relating to appeals of decisions of whether a dog is potentially dangerous, and except as specifically set forth in SVMC 7.30.045 relating to registration of dangerous dogs, and repealing the City's adoption of Spokane County Code Sections 5.04.032, 5.04.033 and 5.04.035; any reference to "Spokane County" in Chapters 5.04 and 5.12 of the Spokane County Code shall be construed to refer to the City of Spokane Valley. B. Pursuant to RCW 35A.11.020 and 35A.12.140, the City of Spokane Valley adopts by reference Section 5.04.031 of the Spokane County Code, entitled "Cat License — Required," as now in effect and subsequently amended. Any reference to "Spokane County" shall be construed to refer to Spokane Valley. (Ord. 07-003 § 2, 2007; Ord. 56-Al § 1, 2003; Ord. 56 § 1, 2003). 7.30.020 Copy to be available. One copy of Chapters 5.04 and 5.12 of the Spokane County Code shall be available in the office of the city clerk for use, inspection and copying by the public. (Ord. 56 § 3, 2003). 7.30.030 Reference to hearing bodies. Repealed by Ord. 07-003. (Ord. 56 § 4, 2003). 7.30.035 Declaration of dangerous dog determination —Appeals relating thereto. A. When the animal control director or designee has sufficient information to determine that a dog is dangerous as defined by Spokane County Code Section 5.04.020, the animal control director or designee shall make a preliminary declaration that the dog is dangerous. In the event a preliminary determination is made that the dog is dangerous, animal control shall notify the dog owner or keeper in writing, either by personal delivery, or by regular mail and certified mail, return receipt requested. Any notice or determination mailed pursuant to this section shall be deemed received by the party to which it is addressed on the third day after it is placed in the mail, as set forth by declaration of the sender. B. The notice must state: 1. The statutory basis for the proposed action; Spokane Valley Municipal Code 7.30 2. A description of the dog for which the declaration is sought (breed, color, sex and license number, if any); 3. The reasons the animal control director or designee considers the animal dangerous; 4. If the dog has been determined to be dangerous, then the controls stated in SVMC 7.30.045 shall apply; and 5. An explanation of the owner's or keeper's rights and the proper procedure for appealing a declaration that a dog is dangerous, including an appeal form. C. Administrative Review After Preliminary Administrative Determination. 1. Preliminary Determination of Dangerous Dog. Prior to the animal control director or designee issuing a final determination that a dog is dangerous, the animal control director or designee shall notify the owner or keeper in writing that he or she is entitled to an opportunity to meet with the animal control director or designee, at which administrative review meeting the owner or keeper may give, orally or in writing, any reasons or information as to why the dog should not be declared dangerous. The notice shall state the date, time, and location of the administrative review meeting, which shall occur prior to the expiration of 15 calendar days following receipt of the notice. The owner or keeper may propose an alternative meeting date and time, but such administrative review meeting shall occur within the 15-day time period set forth in this section, and shall be on a date and time acceptable to the animal control director or designee. 2. After such administrative review meeting, the animal control director or designee shall issue a final determination, in the form of a written order, within 15 calendar days of the administrative review meeting. In the event the animal control director or designee declares a dog to be dangerous, the order shall include a recital of the authority for the action, a brief concise statement of the facts that support the determination, and the signature of the person who made the determination. 3. An order declaring a dog is dangerous shall be delivered to the dog owner or keeper in writing either by personal delivery, or by regular mail and certified mail, return receipt requested. D. Any dog that is declared dangerous by the animal control director or designee, whether preliminary or final, shall be immediately impounded until the owner or keeper registers the dog as dangerous in accordance with SVMC 7.30.045. The owner or keeper will have 15 days from the date the dog was declared dangerous to register the dog or appeal the determination pursuant to subsection F of this section. If the owner or keeper fails to register the dog or appeal the determination, the dog will be euthanized at the direction of the animal control director or designee. If the owner or keeper appeals the dangerous dog declaration, as set forth in subsection F of this section, the dog will be held pending the outcome of the appeal at the shelter at the owner's expense at a rate established by the animal control authority. E. The owner or keeper of a dog subject to a declaration that their dog is dangerous may appeal the final written determination to the hearing examiner within 15 days after issuance of the decision by filing a notice of appeal with the animal control authority. The hearing examiner may adopt appropriate hearing procedures where procedures are not otherwise provided herein. The hearing shall be held within 20 days after receipt of the notice of appeal, unless it is continued for good cause shown. The animal control director or designee shall notify the owner or keeper in writing of the date, time and location of the appeal hearing before the hearing examiner, and said notice shall be received at least five days before the hearing. The appeal hearing shall be recorded, and the hearing examiner Spokane Valley Municipal Code 7.30 may allow testimony and documents that are relevant to the administrative determination that the dog is dangerous. The owner or keeper of the dog may require, by at least two days' written notice, for the officer compiling the record to be present at the hearing. The owner or keeper of the dog may present evidence and examine witnesses present. The burden shall be on the animal control director to establish by a preponderance of the evidence that the dog is a dangerous dog. F. The hearing examiner shall issue a written decision, and mail a copy of the decision to the dog owner or keeper, and to the animal control director or designee, within 15 days of the appeal hearing. The hearing examiner's decision shall accept, reject or modify the administrative determination that a dog is dangerous, and shall include findings of fact and conclusions of law that support the decision. The hearing examiner may modify the determination that a dog is dangerous to a determination that the dog is potentially dangerous, if the facts warrant, and impose any of the requirements set forth in SVMC 7.30.040(D). The decision shall be given the effect of a final decision by the city council, and shall state that the decision may be appealed to superior court pursuant to Chapter 7.16 RCW within 20 days from the date the decision was received. If the decision upholds the administrative determination that a dog is dangerous, and the dog owner or keeper fails to timely register the dog or appeal the decision to superior court, the dog will be euthanized at the direction of the animal control director or designee. If the dog owner or keeper timely appeals the dangerous dog declaration, the dog will be held pending the outcome of the appeal at the shelter at the owner's expense, at a rate established by the animal control authority. (Ord. 08-001 § 2, 2008; Ord. 07-003 § 4, 2007). 7.30.040 Declaration of potentially dangerous dog determination —Appeals relating thereto. A. When the animal control director or designee has sufficient information to determine that a dog is potentially dangerous as defined by Spokane County Code Section 5.04.020, the animal control director or designee shall make a preliminary declaration that the dog is potentially dangerous. In the event a preliminary determination is made that the dog is potentially dangerous, animal control shall notify the dog owner or keeper in writing, either by personal delivery, or by regular mail. Any notice or determination mailed pursuant to this section shall be deemed received by the party to which it is addressed on the third day after it is placed in the mail, as set forth by declaration of the sender. B. The notice must state: 1. The statutory basis for the proposed action; 2. A description of the dog for which the declaration is sought (breed, color, sex and license number, if any); 3. The reasons the animal control director or designee considers the animal potentially dangerous; 4. A statement that the registration and controls set forth in subsection D of this section may apply; 5. An explanation of the owner's or keeper's opportunity and right, pursuant to subsection (C)(1) of this section, to participate in an administrative review with the animal control director or designee to present information on why the dog should not be declared potentially dangerous; 6. A statement, pursuant to subsection (C)(2) of this section, that a failure by the dog owner or keeper to request and attend an administrative review with the animal control Spokane Valley Municipal Code 7.30 director or designee shall constitute a failure to exhaust all administrative remedies, and that such failure to exhaust all administrative remedies shall preclude any appeal of the administrative determination to the hearing examiner or to court; and 7. An explanation of the owner's or keeper's rights and the proper procedure for appealing a declaration that a dog is potentially dangerous, including an appeal form. C. Administrative Review After Preliminary Administrative Determination. 1. Preliminary Determination of Potentially Dangerous Dog. Prior to the animal control director or designee issuing a final determination that a dog is potentially dangerous, the animal control director or designee shall notify the owner or keeper in writing that he or she may request in writing to meet with the animal control director or designee for an administrative review meeting within 15 calendar days following receipt of the notice, at which administrative review meeting the owner or keeper may give, orally or in writing, any reasons or information as to why the dog should not be declared potentially dangerous. Once an administrative review meeting is requested in writing by the owner or keeper, the animal control director or designee shall provide written notice to the owner or keeper of the date, time and place of the administrative review meeting. Administrative review meetings may be conducted telephonically. 2. A failure by the dog owner or keeper to request and attend an administrative review meeting with the animal control director or designee shall constitute a failure to exhaust all administrative remedies, and such failure to exhaust all administrative remedies shall preclude any appeal of the administrative determination to the hearing examiner or to court. 3. After such administrative review meeting, the animal control director or designee shall issue a final determination, in the form of a written order, within 15 calendar days of the administrative review meeting. In the event the animal control director or designee declares a dog to be potentially dangerous, the order shall include a recital of the authority for the action, a brief concise statement of the facts that support the determination, and the signature of the person who made the determination. 4. An order determining a dog is potentially dangerous shall be delivered to the dog owner or keeper in writing, either by personal delivery or by regular mail. D. The owner or keeper of a dog determined to be potentially dangerous under this chapter shall comply with certain requirements, which may include, but are not limited to, the following: 1. Erection of new or additional fencing to keep the dog within the owner's or keeper's property; 2. Construction of a dog run consistent with the size of the dog within which the dog must be kept; 3. Microchip identification, as set forth in Spokane County Code Section 5.04.036; 4. Keeping the dog on a leash adequate to control the dog or securely fastened to a secure object when left unattended; 5. Keeping the dog indoors at all times, except when on a leash adequate to control the dog and under the actual physical control of a competent person at least 15 years of age; and 6. The posting of the premises with at least one clearly visible warning sign that there is a potentially dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a potentially dangerous dog. E. The owner or keeper of a dog subject to a declaration that their dog is potentially dangerous may appeal the final written determination to the hearing examiner within 15 Spokane Valley Municipal Code 7.30 days after issuance of the decision by filing a notice of appeal with the animal control authority, subject to the limitation stated in subsection C of this section. The hearing examiner may adopt appropriate hearing procedures where procedures are not otherwise provided herein. The hearing shall be held within 20 days after receipt of the notice of appeal, unless it is continued for good cause shown. The animal control director or designee shall notify the owner or keeper in writing of the date, time and location of the appeal hearing before the hearing examiner, and said notice shall be received at least five days before the hearing. The appeal hearing shall be recorded, and the hearing examiner may allow testimony and documents that are relevant to the administrative determination that the dog is potentially dangerous. The owner or keeper of the dog may require, by at least two days' written notice, for the officer compiling the record to be present at the hearing. The owner or keeper of the dog may present evidence and examine witnesses present. The burden shall be on the Spokane County animal control director to establish by a preponderance of the evidence that the dog is a potentially dangerous dog. F. The hearing examiner shall issue a written decision, and mail a copy of the decision to the dog owner or keeper, and to the animal control director or designee, within 15 days of the appeal hearing. The hearing examiner's decision shall accept, reject or modify the administrative determination that a dog is potentially dangerous, and shall include findings of fact and conclusions of law that support the decision. The decision shall be given the effect of a final decision by the city council, and shall state that the decision may be appealed to superior court pursuant to Chapter 7.16 RCW within 20 days from the date the decision was received. (Ord. 08-001 § 3, 2008; Ord. 07-003 § 5, 2007). 7.30.045 Registration of dangerous dogs — Requirements — Annual fee. A. The owner or keeper of a dangerous dog must obtain a certificate of registration for such animal from animal control within 15 days of a declaration of dangerous dog or within 15 days of the appeal decision if appealed as provided in SVMC 7.30.035. No dog shall be returned by Spokane County animal control to anyone prior to the issuance of the certificate of registration. The certificate of registration shall be issued only if the owner or keeper of the dangerous dog presents sufficient proof of the following: 1. A proper enclosure to confine a dangerous dog and posting of the premises with a clearly visible sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog; 2. A surety bond as required by RCW 16.08.080 as adopted or amended, issued by a surety insurer qualified under Chapter 48.28 ROW in a form acceptable to Spokane County animal control in the sum of at least $250,000, payable to any person injured by the dangerous dog regardless of whether the injury occurs on or off the owner's or keeper's premises; or 3. A policy of liability insurance as required by RCW 16.08.080 as adopted or amended, such as homeowner's insurance, issued by an insurer qualified under RCW Title 48 in the amount of at least $250,000, insuring the owner or keeper for any personal injuries inflicted by the dangerous dog regardless of whether the injury occurs on or off the owner's or keeper's premises; and 4. A muzzle and leash for the dangerous dog. In addition, the owner or keeper of a dangerous dog shall furnish to Spokane County animal control a complete copy of the surety bond or liability insurance policy specified in subsections (A)(2) and (A)(3) of this section, and shall allow the county a reasonable time to review the bond or policy to Spokane Valley Municipal Code 7.30 determine whether the liability coverage is sufficient, prior to issuing the certificate of registration. B. Dangerous dogs must be spayed/neutered within 30 days of registration. The owner or keeper of the dangerous dog shall provided sufficient proof of such spaying/neutering promptly to Spokane County animal control. C. In addition to the regular dog licensing fees set forth in Spokane County Code Section 5.04.030, the owner or keeper of a dangerous dog shall pay an annual registration fee in the amount of $100.00. The registration will be valid for 12 months. D. This section shall not apply to police dogs as defined in RCW 4.24.410. E. The owner or keeper of a dangerous dog must notify Spokane County animal control in writing if the dog is deceased or if the dangerous dog is to be relocated or if there is a change in ownership. In the event of a change of ownership and/or relocation of the dangerous dog, the owner or keeper must provide Spokane County animal control with the complete address and phone number of the new owner or keeper prior to the change of ownership and/or relocation of the dangerous dog. The owner or keeper of the dangerous dog under this subsection must also notify any subsequent owner or keeper of the dog's designation as a dangerous dog. F. Dogs deemed dangerous by other jurisdictions in the state of Washington will be subject to the same regulations as if they have been deemed dangerous in Spokane County. Dogs deemed dangerous by jurisdictions outside of the state of Washington will be evaluated and declared dangerous by the animal control director or his or her designee on an individual basis to determine whether they meet the requirements of a dangerous dog, taking into account the criteria established by Spokane County Code Section 5.04.020(8). Dogs meeting the requirements of a dangerous dog under this subsection must be registered as such, and are subject to all other restrictions imposed under this section. G. Dangerous dog registration must be renewed every 12 months. A reinspection of the facility is required prior to renewal. The owner or keeper shall also provide Spokane County animal control proof of proper insurance as specified in subsection A of this section prior to re-registration. (Ord. 07-003 § 6, 2007). EXCERPT FROM SPOKANE COUNTY CODE Chapter 5 . 04 DOGS AND CATS Sections 5.04.010 Purpose. 5.04.020 Definitions. 5.04.030 Dog and Cat license--Required. 5.04.0381 Dog/Cat Rabies Vaccination Required. 5.04.032 Dangerous Dog--Hearing and Appeal. 5.04.033 Potentially Dangerous Dog--Hearing and Appeal. 5.04.035 Registrations of dangerous dogs-Requirements and annual fee. 5.04.036 Dangerous Dogs--Identification. 5.04.040 Unlawful use of tags. 5.04.042 Commercial kennels. 5.04.043 Private kennels. 5.04.044 Prohibited sales –Rules and Regulations. 5.04.045 Designated off-leash area(s)–Rules and regulations. 5.04.050 Enforcement power. 5.04.060 Impounding of dogs. 5.04.064 Release for adoption. 5.04.065 Animal Adoption--Agreement to spay/neuter – Sterility Fee – Forfeiture of animal–Animal Care And Protection Reserve Funds Account. 5.04.066 Impounding of cats. 5.04.067 Control of cats. 5.04.070 Control of dogs. 5.04.071 Violations as infractions --Exceptions. 5.04.072 Notice of infraction--Issuance. 5.04.073 Notice of infractions--Determination final unless contested--Form. 5.04.074 Response to notice of infraction--Contesting determination--Hearing--failure to respond or appear. 5.04.075 Hearings--Rules of procedure--Counsel. 5.04.076 Hearings--Contesting determination that in- fraction committed--Appeal. 5.04.077 Hearings--Explanation of mitigating circumstances. 5.04.078 Order of court--Civil nature--Waiver, reduction, suspension of penalty—Community service in lieu of penalty. 5.04.079 Failure to Sign–Failure to Pay 5.04.0791 Person receiving notice--Identification and detention. 5.04.0792 Failure to Obey Instructions of an Officer 5.04.090 Animal Control Director or his/her designee--Issuance of criminal citation. 5.04.110 Redemption procedures. 5.04.120 Removal Destruction of Dangerous and Vicious dogs. 5.04.130 Penalties. 5.04.131 Violation as constituting a public nuisance. 5.04.140 Fee Setting Authority 5.04.150 Duty When Striking Domestic Animal With Motor Vehicle 5.04.160 Animal Bites To Be Reported SCC 5.04 1 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE 5.04.170 Spaying and Neutering Services 5.04.900 Severability 5.04.910 Effective date--Preservation of existing cases. 5.04.010 Purpose. It is the public policy of Spokane County to secure and maintain such levels of animal control within the uni ncorporated a reas of S pokane County, and w ithin a ny governmental e ntity or incorporated a rea and er c ontract t hat ha ve a dopted pr ovisions of t his chapter, as w ill pr otect the general publics' health and safety, and to the greatest degree practicable to prevent damage to property. To this end, it is the purpose of this chapter to provide a means of licensing dogs/cats and controlling errant dog/cat behavior so that it shall not become a public nuisance. It is also the public policy of Spokane County to prevent the inhumane treatment of animals. Therefore, it is also the purpose of this chapter to provide for the humane use, care, and treatment of animals to the end that cruelty to such animals will be reduced or eliminated. 5.04.020 Definitions. In cons truing p rovisions of t his ch apter, except w here of herwise pl ainly declared or cl early apparent from t he c ontext, w ords us ed i n t his c hapter s hall be given t heir c ommon a nd or dinary meaning and in addition, the following definitions shall apply: (1) "Abatement" means the termination of any violation b y reasonable and 1 awful means determined by the animal control officer in order that a person or persons presumed to be the owner or keeper shall comply with this chapter. (2) "Animal" means any nonhuman mammal, bird, reptile, or amphibian. (3) "Animal Control" or "Spokane County Animal Control" or "Spokane County Regional Animal P rotection Services" ( hereinafter r eferred to as "SCRAPS") al 1 m eans that d epartment established b y t he boa rd of c ounty c ommissioners b y r esolution t o a dminister a nd e nforce t he provisions of t his chapter, chapter 5.12 of the County C ode, and chapters 16.08, 16.52, a nd 16.54 RCW. Its department head shall be referred to hereinafter as the"animal control di rector", "animal protection director" or "Director." A n "animal control officer" or "animal protection officer" i s any person de signated b y t he D irector with a 1 imited 1 aw e nforcement c ommission a nd e mployed or appointed by the Board of County Commissioners of Spokane County for the purpose of administering or aiding i n the enforcement of this chapter, chapter 5.12 o f the County Code, and chapters 16.08, 16.52, and 16.54 RCW. (4) "Animal Shelter" means a facility which i s used to house or contain stray, hom eless, abandoned, impounded or unwanted animals, and which is owned, operated or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals or other nonprofit organization devoted to the welfare, protection, and hum ane treatment of animals. (5) "At large" means a dog which is physically off the premises of the owner, handler, or keeper of the dog, and which is not secured by a leash which is under the control of the owner, handler, or the keeper not exceeding eight feet in length; provided, "at large" does not include dogs exhibited in dog shows, field trials, obedience training or trials, or the training of dogs therefore; or the use of a dog under the supervision of a person to hunt, to chase or tree predatory animals or game birds; or the use of a dog to control or protect livestock or property or in other agricultural activities; or a dog when otherwise safely and securely confined or completely controlled within or upon any vehicle; or under control in a designated off-leash area; or dogs used by law enforcement agencies. (6) "Cat" means a domesticated Felis catus, and includes both male and female cats. (7) "Commercial kennel" means a place where five (5) or more dogs (over 6 months of age) and/or five (5) or more cats (over 6 months of age), irrespective of duration, are boarded, bred, bought, SCC 5.04 2 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE sold, exhibited or trained for compensation, but not including a pet shop, animal shelter or veterinary clinic/hospital where boarding is incidental to treatment. If more than eight(8) dogs (over 6 months of age) and/or ten (10) cats (over 6 m onths of age) are kept then such establishment shall be deemed a "commercial kennel," regardless of whether the owner or keeper receives compensation. (8) "Dangerous do g" means any dog that(a)i nflicts s evere i njury or multiple bites on a human being without provocation on publ is or private property, (b)i nflicts severe injury, multiple bites, en or kills an animal without provocation while the dog is off the owner's or keeper's property, or (c) has previously been found to be potentially dangerous, the owner or keeper having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans or animals. If two or more dogs jointly engage in any conduct described in this subsection, thereby rendering proof of the individual dog t hat i nflicted any particular i njury di fficult t o a scertain, t hen regardless of the degree of participation by the individual dog(s), all such dogs shall be deemed dangerous dogs. A dog shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was c ommitting a willful trespass or of her tort upon t he premises oc cupied b y the ow ner or keeper of the dog, or was tormenting, abusing or assaulting the dog, or was committing or attempting to commit a crime. (9) "Day" means a calendar day unless otherwise described. In computing any period of time prescribed in this chapter, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period shall be included, unless it is a Saturday, Sunday or legal holiday, in which event the period runs until the end of the next day that is not a Saturday, Sunday or legal holiday. Legal holidays are prescribed in RCW 1.13.050. (10) "Dog" means a domesticated Canis familiaris, bred in a great many varieties, including wolf hybrids. (11) "Euthanasia" means the hum ane de struction of an animal accomplished by am ethod that involves instantaneous unconsciousness and immediate death, or by a method that causes painless loss of consciousness, and death during such loss of consciousness. (12) "Exhibits vicious propensities" means: (a) The infliction of a bite, or bites, on a human being or animal, either on public or private property; or (b) Killing or severely injuring an animal while the dog or cat is off the owner's or keeper's property; P rovided, t he a bove de finition of vi cious pr opensities s hall not i nclude t hose situations described in RCW 16.08.100 (2) and (3). (13) "License year" means license expires twelve (12) months from month of purchase. (14) "Microchip implant" means a passive electronic transponder that is injected into an animal, subcutaneously, by means of a hypodermic-type syringe device. Each microchip shall contain a unique and original number that is read by an electronic scanning device for purposes of animal identification and recovery by the animal's owners. The microchip implant shall be supplied with an exterior collar- type tag for purposes of an external means of notifying others that the animal has been implanted with a microchip. (15) "Off-Leash Area" means an area specifically designated in section 5.04.045(1)in which a owner, h andler, o r ke eper m ay allow or p ermit t heir do g t o r un a t 1 arge subject tot he rules and regulations in section 5.04.045(2). (16) "Owner, handler or keeper" means any person, firm, corporation, organization or department possessing, ha rboring, k eeping, ha ving a n i nterest i n or ha ving c ontrol or c ustody of a n a nimal, regardless of whether the animal is licensed pursuant to the ordinance codified in this chapter. (17) "Pet shop" means legally permitted establishment where animals bred off the premises are offered for sale to the public. (18) "Potentially dangerous dog" means any dog that when unprovoked: (a)inflicts bites on a human or animal either on public or private property, or (b) chases or approaches a person upon the SCC 5.04 3 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE streets, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack or (c) any dog w ith a know n pr opensity, t endency, or di sposition t o a ttack unpr ovoked, t o c ause i njury, or otherwise to threaten the safety of humans or animals. (19) "P remises" m eans the area of 1 and s urrounding a hous e, or d welling unit or units, and actually or by legal construction forming an enclosure and to which the owner or keeper of a dog ha s legal and equitable right therein. "Premises" does not extend into areas of common ownership or use in the case of easements, trailers parks, apartment complexes, private communities, etc. (20) "Private kennel" means a place, other than an animal shelter, where five (5)to eight(8) dogs (over 6 months of age) and/or five (5)to ten (10) cats (over six months of age) are kept for personal or noncommercial purposes. If more than eight dogs (over 6 months of age) and/or ten (10) cats (over six months of age) are kept at a pr ivate kennel, then such establishment shall be deemed a"commercial kennel," regardless of whether the owner or keeper receives compensation. (21) "Proof of vaccination" means a health or rabies certificate issued by a licensed veterinarian. (22) "Proper enclosure of a dangerous dog" means, while on the owner's or keeper's property, a dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top and bottom enclosure, and shall also provide protection from the elements for a dog. (23) "Senior Rate" means the special discounted rate any dog/cat owner 65 years of age or older may request for the license of one spayed/neutered animal. (24) "Service Animal" means any guide dog, signal dog, or any other animal individually trained to provide assistance to an individual with a disability. X24)(25) "Severe i njury" means a ny physical i njury which results i n a br oken bone s, disfigurement, Of lacerations requiring s uture(s) or s urgery, or mul tiple bi tes r equiring me dical treatment. (25)(26) "Spokane County" means the unincorporated area of Spokane County, Washington and within any governmental entity or incorporated area under contract that have adopted provisions of this chapter. (2.6)(27) "Trip Fee", means the response fee an owner or keeper of an animal may be charged by SCRAPS when an animal is impounded. 5.04.030 Dog and Cat License--Required. (1) The harboring, keeping, or maintaining more then 4 dogs and or 4 cats over six months of age any place in the unincorporated areas of Spokane C ounty and i ncorporated areas under contract that have a dopted t his chapter, shall require a k ennel license as i dentified i n s ections 5.04..042 or 5.04.043. (2) All dogs six months of age or older harbored, kept or maintained in the unincorporated areas of Spokane County and incorporated areas under contract that have adopted this chapter, shall be licensed. The annual 1 icense fee for each dog shall be twenty dollars ($20.00)for neutered/spayed dogs and forty dollars ($40.00)for nons payed/nonneutered do gs, four dollars ($4.00) of the above license fees shall be dedicated for the purposes i dentified i n section 5.04.170. A penalty o f twenty dollars ($20.00)will be added to the above license fees for failure to timely obtain or renew a license as required by subsection(-5) (6) of this section. Senior rate, if applicable will reduce the above fee by five dollars (5.00) on one neutered/spayed license. License may be obtained from and fees may be paid either to "county" or "private" licensing outlets as designated by the Director. A service charge of two dollars ($2.00)in addition to the regularly set fees may be collected and retained by all "private" licensing outlets appointed by the Director for each dog license issued. Upon payment of the initial license fee provided above, the 1 icensing outlet shall deliver t o the owner or keeper of such dog, a license and metallic tag, renewable annually, for each dog licensed. SCC 5.04 4 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE (24 al All cats six months of age or older harbored, kept or maintained in the unincorporated areas of Spokane County and incorporated areas under contract that have adopted this chapter, shall be licensed. The annual license fee for each cat shall be fifteen dollars ($15.00)for spayed/neutered cats and twenty-five dollars ($25.00)for non-spayed/non-neutered cats. Four dollars ($4.00) of the above license fees shall be dedicated for the purposes identified i n section 5.04.170. A penalty o f twenty dollars ($20.00)will be added to the above license fees for failure to timely obtain or renew a license as required by subsection( ) (6) of this section. Senior rate, if applicable will reduce the above fee by five dollars ($5.00) on one neutered/spayed 1 icense. License fees may be paid t o either"county" or "private" licensing outlets as designated b y the Director. A service charge of two dollars ($2.00) in addition to the r egularly set fees m ay be collected and retained by all "private" lic ensing out lets appointed by the Director for each cat license issued. Upon payment of the initial license fee provided above, the licensing outlet shall deliver to the owner or keeper of such dog, a license and metallic tag, renewable annually, for each cat licensed. (3)O All licenses issued pursuant to this section shall be dated and numbered, and shall bear the name of Spokane County SCRAPS, the name and address of the owner and keeper of the dog or cat license, and a description of the dog or cat, including its color and sex. The metallic tag shall bear a serial number corresponding with the number of the license, and the county or part thereof for which it is issued. It shall be the duty of every owner or keeper of a dog or cat to keep a substantial collar on the ani mal and to keep firmly attached thereto the metallic tag for the current 1 icensing year. There shall be a fee of two dollars ($2.00)for replacement of any lost license tag. (4) (5) Any person who shall for the reason of securing a dog or cat license falsely represent whether t he do g or c at i s s payed/neutered or non -spayed/non-neutered shall be guilty o f a misdemeanor. (5) Licenses must be renewed within twelve (12) months of the date the previous license was i ssued. A n ew 1 icense must be pur chased within thirty (30) d ays after a do g or c at was first acquired, ha rbored, ke pt, m aintained, or br ought i nto t he c ounty by a p erson r esiding i n S pokane County. { }0 All fees and fines collected under the provisions of this chapter other than criminal fines and the portion of the license fees dedicated for the purposes identified in section 5.04.170 s hall be deposited in the county current expense fund. (7) (8) The county shall honor he one request per year by the owner of a guide dog, signal dog, or any of her a nimal i ndividually t rained t o provide a ssistance as a s ervice ani mal a–they not t o be charged a fee t o license: one spay/neutered service animal. his or her dog guide or t rained s ervice animal. (8) n The owner or keeper of any dog or cat shall provide SCRAPS upon request with proof that the dog or cat is currently licensed as provided by this chapter. (9) 10) Any increase i n cur rent dog and cat 1 icensing fees or penalties i n this section shall become effective on January 1, 2008 @ 12.01 a.m.. 5.04.031 Dog/Cat to have current vaccination against rabies. All dogs and cats six (6) months of age or older shall be vaccinated against rabies. The owner or keeper of such do g/cat s hall provide SCRAPS with proof that such dog/cat has been vaccinated against rabies as well as the expiration date of such vaccination. An owner or keeper who refuses to provide proof of such vaccination upon request by the Director or his/her designee shall be deemed to have failed to provide such proof. 5.04.032 Declaration of Dangerous Dog—Administrative Appeal Hearing and Appeal— Impounding of Dog. SCC 5.04 5 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE (1) When the Director, or his/her designee, has sufficient information to determine that a dog i s a dangerous dog a s de fined b y section 5.04.020(8), the Director, or hi s/her designee, s hall declare the dog a dangerous dog and shall notify the owner or keeper of the dog in writing, either in person or by regular and certified mail. Any notice or determination mailed pursuant to this section shall be deemed received by the party to which it is addressed on the third day after it is placed in the mail, as set forth by declaration of the sender. The notice shall contain the following information: (a) That the person receiving the notice is the owner or keeper of a dangerous dog as defined in section 5.04.020(8); (b) The breed, color, sex, and license number(if known) of the said dog; (c) A copy of the records relied upon b y the Director, or hi s/her designee, which form the basis for declaring said dog to be a dangerous dog_these records may be supplemented with additional material as it becomes available; (d) That t o c ontest the de claration of dangerous dog the ow ner or k eeper of the dog must request an administrative appeal hearing in writing on a form provided with the notice within fifteen (15) days of the receipt of the notice. (e) T hat i fan a dministrative a ppeal he aring i s r equested, s uch he aring w ill be c onvened pursuant to subsection (2) of this section; that at the administrative appeal hearing, the records of the Director, or his/her designee, and any supplementary material shall be admissible to prove the dog is a dangerous dog; that the owner or keeper of the dog may require the officer compiling the record to be present at the administrative appeal hearing; that the owner or keeper of the dog may present evidence and examine witnesses present; and that the burden shall be on the Director, or his/her designee, to establish by a preponderance of the evidence that the dog is a dangerous dog; (f) Any do g de dared dangerous unde r t his s ection or a ny comparable s ection b y a dul y authorized g overnmental a nimal c ontrol authority shall b e i mmediately impounded until the ow ner registers the dog as dangerous in accordance with section 5.04.035. The dog will be euthanized at the direction of the Director or hi s/her designee unless the owner or keeper within fifteen (15) days from the date the dog was declared dangerous registers the dog or appeals the determination. If the owner appeals the dangerous dog declaration the dog must be registered provisionally pursuant t o section 5.04.035 or it will be held at the shelter at the owner's expense pending the results of the appeal. (2) If the owner or keeper of the dog requests an administrative app eal hearing as provided in section 5.04.032(1)(d) of this section the hearing shall be held before the Board of Spokane County Commissioners or its designee(s). The administrative appeal hearing shall be held within twenty (20) days after the receipt of the request for an administrative appeal hearing, unless it is continued by the Board or its designee based upon a showing of good cause. The Director, or his/her designee, shall notify the ow ner or ke eper of the date, time, and pl ace for the adm ini strative appe al he aring. The administrative a ppeal he aring s hall b e ope n t o the public. In t hose i nstances w here the Board's designee acts as a hearing officer in conjunction with a dangerous dog administrative appeal hearing, the following procedures shall apply: (a) All administrative appeal hearings before the hereinabove designee shall be recorded; all testimony shall be taken under oath and witnesses may be subpoenaed by the designee; (b) The he aring of ficer s hall r ender an oral r ecommendation at the c onclusion of t he administrative a ppeal he aring o r within five (5) bus iness days. T his time m ay be extended a t the discretion of t he he aring of ficer. T he or al r ecommendation s hall be reduced t o w riting a nd i n accordance with subsection (4) of this section shall include findings of fact and conclusions of law, and shall be submitted to the Board of County Commissioners of Spokane County for action; a copy will be forwarded to the owner or keeper and to the Director. Upon receipt by the Clerk of the Board of County Commissioners of the written recommendation of the hearing officer, the Clerk shall place the matter on its next regular meeting agenda for action. The owner or keeper of the dog shall be advised SCC 5.04 6 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE by the Clerk of the Board that the Board will take formal action on the recommendation of the hearing officer at the time, date and place of the Board of County Commissioners' next regular meeting-; (c) At t he time, date and p lace t hat t he Board of County C ommissioners considers the written recommendation of the hearing officer no additional testimony or evidence will be considered. The record before the Board of County Commissioners will include the electronic recording of the hearing before the hearing officer, any written documents, photographs, and other exhibits submitted to the hearing officer for consideration at the time of the hearing or after the hearing if requested by the hearing officer pursuant to subsection (2)(b) of this section, and the findings of fact, conclusions of law and recommendation of the hearing officer. The Board of County Commissioners may ask questions of the hearing officer for purposes of clarification; and (d) The B oard of C ounty C ommissioners m ay accept, r eject, or m odify t he recommendation of the hearing officer. The Board shall render its decision in writing. (3) At the conclusion of the administrative appeal hearing as provided in subsection (2) of this section, the hearing officer shall have the authority to make a written recommendation to either affirm, reverse or modify the declaration by the Director, or his/her designee, that the dog is dangerous. If the recommendation is to modify the declaration, the hearing officer may make a finding that the dog i s potentially dangerous. If the hearing officer affirms the declaration and finds that the dog i s dangerous, then the requirements under 5.04.035 shall be imposed upon the owner or keeper of the dangerous dog as a condition of continued ownership or keeping of the animal. If the hearing officer modifies the declaration and finds that the dog i s potentially dangerous, then the hearing officer may recommend that reasonable conditions be imposed upon t he owner or keeper as a condition of continued ownership or keeping of the animal. Reasonable conditions may include but are not limited to the following: (a) Erection of new or additional fencing to keep the dog within the confines of the owner's or keeper's property; (b) C onstruction of a run consistent with the size of the dog within which the dog must be kept; (c) Keeping the dog on a 1 eash ade quate to control the dog or s ecurely fastened to a s ecure object when left unattended; (d) Keeping the dog indoors at all times, except when on a leash adequate to control the dog and under the actual physical control of the owner or keeper or a competent person at least 15 years of age; (e) Keeping the dog muzzled in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal when outside a proper enclosure; (f) Spaying/neutering of the dog; and (g) Microchip implanting the dog for identification purposes. The hearing officer(s) may, in his or her recommendation, determine to the Director or his/her designee is the authority to establish the appropriate requirements from the preceding list or to refine and clarify the aforementioned requirements to effectuate the purposes of this ordinance. (4) The owner or keeper of the dog shall be notified in writing by the hearing officer(s) within fifteen (15) da ys o f the a dministrative a ppeal h earing o f hi s/her r ecommendation unless thi s ti me period has been extended pursuant t o subsection (2)(b) of this section. I n no e vent s hall t his time period be extended beyond thirty (30) days from the date of the conclusion of the administrative appeal hearing unless good cause is shown. If the hearing officer(s)issues a finding of dangerous dog that is upheld by the Board of County Commissioners, the owner or keeper of the dog may appeal the Board's decision as provided below. If the owner or keeper does not timely appeal the Board's decision, he or SCC 5.04 7 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE she must either register the dog as a dangerous dog i n accordance with section 5.04.035 or the dog shall be confiscated as provided in RCW 16.08.100(1). (5) An appeal of an order affirming the hearing officer(s) recommendation may be made in the manner pr ovided unde r t he g eneral 1 aws of t he s tate. In t he e vent t he he aring of ficer(s) recommendation is affirmed on appeal and no further appeal is made, the owner or keeper of the dog must register the dog as a dangerous dog in accordance with section 5.04.035 within fifteen (15) days of notification of the decision or the dog will be euthanized at the direction of the Director, or his/her designee. (6) A finding that a dog i s not a dangerous dog shall not prevent the Director, or hi s/her designee, from seeking to have the dog declared a dangerous dog as the result of any subsequent action by the dog. (7) In the event the Director, or hi s/her designee, has sufficient information to determine a dog is dangerous and may pose a threat of serious harm to human beings or animals, the Director, or his/her de signee, s hall seize a nd i mpound t he dog pe nding not ice, h earings, a ppeals a nd of her determinations hereunder. The owner or keeper of the dog shall be liable to SCRAPS for the costs and expenses of keeping such dog, unless a finding is made that the dog is neither a dangerous dog nor a potentially dangerous dog. (8) A n owner or ke eper of a dangerous dog who vi olates any conditions imposed under this section shall be guilty of a gross misdemeanor. An owner or keeper of a potentially dangerous dog who violates any conditions imposed under this section shall be guilty of a misdemeanor. 5.04.033 Determination of Potentially Dangerous Dog--Notice, Administrative Review, and Appeal. (1) When the Director, or his/her designee, has sufficient information to determine that a dog is a potentially dangerous dog as defined in section 5.04.020(17), a notice either in person or by regular m ail, s hall be p rovided t o t he ow ner o r ke eper of t he do g. T he not ice s hall c ontain t he following information: (a) That the person receiving the notice is the owner or keeper of a potentially dangerous dog as defined in section 5.04.020(17); (b) The breed, color, sex, and license number(if known) of said dog; (c) The facts upon which the determination of potentially dangerous dog is based; (d) That i f t here are future similar i ncidents with the dog, the d og could be declared a dangerous do g pur suant t o s ection 5.04.032, a nd r equired t o be r egistered a s provided i n s ection 5.04.035; (e) That the ow ner or ke eper must c omply with restrictions s et forth i n the not ice a s a condition of continued ownership or keeping of the dog and that restrictions may include but are not limited to those which may be imposed on the owner of keeper of a potentially dangerous dog pursuant to section 5.04.032(3); (f) That the notice constitutes a final determination that the dog is a potentially dangerous dog, unless the owner or keeper of the dog requests an administrative review meeting in writing on a form provided with the notice within fifteen (15) days of the receipt of the notice. For purposes of this section, if the notice is mailed, it shall be deemed received on the third day after the notice is placed in the mail; and (g) That pursuant to 5.04.033(3), a failure by the dog owner or keeper to request and attend an administrative review meeting with the animal control director or designee shall constitute a failure to exhaust all administrative remedies, and that such failure to exhaust all administrative remedies shall preclude any appeal of the a dministrative determination t o the B oard of C ounty C ommissioners or Court. SCC 5.04 8 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE (2) In the event the owner or keeper of a dog requests an administrative review meeting as provided in subsection (1)(f) of this subsection, the administrative review meeting shall be held within thirty (30) days of the receipt of the request. The meeting date may be continued upon a showing of good cause. The Director or hi s/her designee shall notify the owner or keeper of the d ate, time and place of the administrative review meeting, as well as the right to present evidence as to why the dog should not be found potentially dangerous. The administrative review meeting shall be held before the Director or hi s/her de signee. A dministrative review m eetings s hall be i nformal, open to the public; and, at the option of the Director or his/her designee, may be held telephonically. (3) Following an a dministrative r eview me eting, the D irector or hi s/her designee ma y affirm or reverse the initial determination that a dog is potentially dangerous. If a determination that a dog i s pot entially da ngerous i s uphe ld, t he D irector o r hi s/her de signee m ay i mpose t he s ame reasonable c onditions as m ay b e i mposed on t he ow ner or ke eper of a pot entially da ngerous d og pursuant to section 5.04.032(3). (4) The Director or his/her designee shall notify, in writing, the owner or keeper of the dog of hi s/her decision within ten (10) days of the administrative review meeting. T he decision of the Director or his/her designee may be appealed in the same manner as provided in section 5.04.032. (5) The decision of the Director or his/her designee is final unless appealed. (6) An owner or keeper of a potentially dangerous dog who violates any of the conditions imposed under this section shall be guilty of a misdemeanor. 5.04.035 Registration of Dangerous Dogs--Requirements--Annual Fee. (1) The owner o r ke eper of a dangerous dog must obtain a certificate of registration for such animal from S CRAPS within fifteen (15) days of declaration of dangerous dog or if appealed within fifteen (15) days of the appeal decision as provided in section 5.04.032. No dangerous dog shall be r eturned b y S CRAPS t o a nyone prior t o the i ssuance of a c ertificate of registration unde r this section. The certificate of registration shall be issued only if the owner or keeper of the dangerous dog presents sufficient proof of the following: (a) A proper enclosure, approved by SCRAPS, to confine a dangerous dog and posting of the premises with a clearly visible sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog; (b) A microchip implant injected for identifications purposes pursuant to 5.04.036; (c) A muzzle and leash, approved by SCRAPS as to strength and fit, for the dangerous dog; (d) A surety bond issued by a surety insurer qualified under chapter 48.28 RCW in a form acceptable t o the S CRAPS i n the sum of at 1 east two hundred fifty thousand dollars ($250,000.00) which provides for prior written notification to SCRAPS of cancellation or material change, payable to any p erson for pe rsonal i njuries or pr operty d amage c aused b y t he da ngerous dog r egardless of whether the personal injury or property damage occurs on or off the owner or keeper's premises; or A policy of liability insurance, such as homeowner's insurance, issued by an insurer qualified under RCW Title 48 i n the amount of at least two hundred fifty thousand dollars ($250,000)with a maximum five hundred dollar($500.00) deductible and which provides for prior written notification to SCRAPS of cancellation or material change, insuring the owner or keeper for any personal injuries and property damage inflicted by the dangerous dog regardless of whether the personal injury or property damage occurs on or off the owner or keeper's premises; and The ow ner o r keeper of a dangerous dog s hall furnish t o S CRAPS a complete copy o f t he surety bond or c ertificate of i nsurance s pecified i n t his s ubsection a nd s hall a llow t he C ounty a reasonable time to review the bond o r policy to determine whether the surety bond or certificate of insurance is sufficient, prior to issuing the certificate of registration; SCC 5.04 9 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE (e) The dangerous dog must be s payed/neutered at the owner's expense t o complete the registration. Any i mpounded dangerous do gs w ill be transported b y S CRAPS t o a ve terinarian for spaying/neutering as part of the registration process; and ((f) In addition to the regular dog licensing fees set forth in section 5.04.030, the owner or keeper of a dangerous dog shall pay an annual registration fee in the amount of one hundred dollars ($100.00). The registration will be valid for twelve (12) months. (2) Notwithstanding the requirements set forth in subsection (1) of this section, the Director may i ssue a pr ovisional r egistration c ertificate where: (a)t he d angerous dog de claration has b een appealed, provided all conditions of this section have been met with the exception of subsection (1)(e) requiring spay/neuter; or (b)the owner is relocating the dangerous dog outside of Spokane County and all conditions of this section have been met with the exception of subsection (1)(d)requiring a surety bond or insurance pol icy. Any provisional permit issued pursuant t o (2)(a) of this subsection shall expire fifteen (15) days following the appeal decision as provided in section 5.04.032; any provisional permit i ssued pursuant t o (2)(b) of this subsection s hall be valid for the s ole purpose of i mmediate transport and relocation of the dog from the shelter to a location outside Spokane County. (3) This section shall not apply to police dogs as defined in RCW 4.24.410. (4) The owner or keeper of a dog declared a dangerous dog must notify SCRAPS in writing if the dog is deceased, is to be relocated or if there is a change in ownership. In the event of a change of ownership and/or relocation of the dangerous dog, the owner or keeper must provide SCRAPS with written notice ten (10) days in advance of any change that includes the complete address and phone number of t he ne w ow ner or ke eper pr for t o the c hange of ow nership a nd/or r elocation oft he dangerous dog. The owner or keeper of the dangerous dog must also notify any subsequent owner or keeper of the dog's designation as a dangerous dog. If change of ownership and/or relocation of a dangerous dog is within Spokane County, all conditions imposed under this section shall be in place for the new owner and at the new location prior to such change. (5) Dogs d eemed da ngerous b y of her j urisdictions i n t he S tate of W ashington w ill be subject to the same regulations as if they have been deemed dangerous in Spokane County. Any owner or keeper of a dog deemed dangerous by jurisdictions outside of the State of Washington relocating to Spokane County, W A, shall present the dog to SCRAPS within 30 days of their arrival i n Spokane County to be evaluated by the Director or his/her designee on an individual basis to determine whether they meet the requirements of a dangerous dog, taking into account the criteria established by section 5.04.020(8). D ogs m eeting the requirements o f a da ngerous do g under this subsection m ust be registered as such, and are subject to all other restrictions imposed under this section. (6) An owner or ke eper of a dog previously deemed dangerous b y S CRAPS or S pokane County and s ubsequently relocated out side S pokane C ounty, m ust r egister t he do g pur suant t o subsection (1) of this section prior to bringing the dangerous dog into Spokane County; such dogs are prohibited from re-entering Spokane County without prior written consent from S CRAPS and/or full re-registration. (7) Dangerous dog registration must be renewed every twelve (12) months. A re-inspection of the facility is required prior to renewal. The owner or keeper shall also provide SCRAPS proof of surety bond or proper insurance certificate as specified in subsection (1) of this section prior to re- registration. (8) An owner or keeper of a dog declared a dangerous dog shall be responsible for meeting and maintaining the requirements s et forth in this s ection at all time s. A vi olation of c onditions imposed under this section is a gross misdemeanor. 5.04.036 Dangerous dogs--Identification. The ow ner or ke eper of a dog determined t o be dangerous, pursuant t o s ection 5.04.032 or section 5.04.035(5), shall have the dog identified by a microchip implant. The microchip implant shall SCC 5.04 10 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE be injected in accordance with policy established by SCRAPS. A fee of twenty-five dollars ($25.00) for the cost of microchipping shall be charged to the owner or keeper of a dangerous dog. 5.04.040 Unlawful Use of License Tags (1) It is unlawful for any owner to use any license tag on any dog or cat other than the one for which it was issued. If there is a change of ownership of a licensed dog or cat, the new owner must apply for and obtain a new license as required in this chapter. (2) It is unlawful for any person to use the license tag for an unlawful purpose or to conceal the ownership of the dog or cat or remove the license tag provided for in this chapter from any dog or cat, with the intent to deprive the owner or keeper thereof. (3) A willful violation of this section is a misdemeanor. 5.04.042 Commercial Kennels (1) Commercial kennels 1 ocated i n Spokane County s hall be 1 icensed a s required b y this section. Commercial kennel licenses shall be for a twelve-month (12)period and shall be renewed on or before the expiration of the twelve-month(12)period. The fee for a commercial kennel license is one hundred-fifty dollars ($150.00), payable t o SCRAPS. A n additional fee of twenty-five dollars ($25.00) shall be assessed and payable if the license is not timely renewed; and, all renewal rights to existing license cease to exist 90 days after renewal date and continued operation of the kennel shall be deemed operation of an illegal kennel. SCRAPS shall mail a notice of renewal of license not less than thirty (30) days prior t o the expiration of s aid 1 icense. Individual licenses are not required for any animals legally maintained within a commercial kennel. (2) Applications f or com mercial ke nnel 1 icenses shall be m ade t o SCRAPS. E ach application shall be in writing, and signed and sworn to by the applicant. The application shall contain the following information: (a) The name, home address, and telephone number of the applicant; (b) The bus iness na me, b usiness a ddress, a nd t elephone num ber o f t he pr oposed commercial kennel. (c) A diagram to scale or approximately to scale showing the property and structures for which the license is sought; (d) A diagram of the kennel facility; (e) A description of the premises where the kennel will be operated, as well as a description of the magnitude and nature of the proposed business; and (f) A written statement from the Spokane County Building And Planning Division that the contemplated business complies with applicable zoning laws. (3) SCRAPS may refuse issuance or renewal of a license, or revoke or suspend said license, upon finding after investigation or hearing s it deems necessary that: (a) The license fee has not been paid; (b) The application does not satisfy the requirements of subsection (2); (c) Upon the inspection by the Director or his/her designee, the business does not meet the standards for a commercial kennel set forth in subsection (5); (d) Such 1 icense was i ssued illegally, or b y mistake or i nadvertence, or was procured b y fraud, misrepresentation, false or misleading statements, evasions or suppression of material facts, or that any of the material facts contained in the application are false; (e) The 1 icensee, or any agent of t he 1 icensee, i n connection w ith t he operation of t he commercial kennel, has, within a two-year period: (i) Been found guilty or committed of a violation of any provisions of this chapter, chapter 5.12 of the Spokane County Code, or chapters 16.08, 16.52, or 16.54 RCW; or SCC 5.04 11 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE (ii) Been found to have engaged in any other misconduct, or improper, fraudulent, or wrongful behavior relating to the operation of a commercial kennel; (iii) Violated any of the standards imposed for operation of a commercial kennel by subsection (5) of this section. (f) Any s ervant, agent, employee or r epresentative of t he com mercial ke nnel ha s be en guilty of an y act or om ission while on the p remises of t he com mercial ke nnel, where s aid act constitutes a criminal violation of this chapter, or chapter 5.12 of the Spokane County Code or chapters 16.08, 16.52, or 16.54 RCW; or has been to have engaged in any misconduct or improper, fraudulent or wrongful behavior relating to the operation of the commercial kennel if: (i) the circumstances surrounding any of the foregoing acts or omissions are such as to e stablish t hat s uch a ct w as know ingly allowed b y any pe rson s haring i n pr ofits of s aid business, or, i f a c orporation, any officer or di rector t hereof, or of any pe rson a cting a s a proprietor, manager, or person in charge of such business; or (ii) in any event, if two (2) or more such acts or omissions have occurred on the premises within a two-year period. (g) Failure to observe any of the standards set forth in subsection (5) of this section. (4) Any applicant who has duly made application for a new commercial kennel or renewal of an existing license under the provisions of t his section and has been denied such license, or any person holding a license which is revoked or suspended under the provisions of this section, may file a petition with the C lerk of the B oard of C ounty C ommissioners for a a dministrative a ppeal he aring provided that such petition must be filed within fifteen (15) days following notification of such denial, revocation or suspension. If the applicant's petition is on a current legally issued license, such denial, revocation or suspension shall be stayed upon the filing of such petition for administrative appeal with the Clerk of the Board pending final determination of the Board of County Commissioners as herein provided. In the event such petition i s filed, the B oard of C ounty Commissioners may elect to use designee(s) as a hearing officer; in any event, a date, no less than ten (10) days following the mailing of notice thereof shall be set for a administrative appeal hearing, of which all interested parties shall be notified. A 11 evidence bearing on the questions of whether such denial, r evocation or suspension i s proper unde r t he pr ovisions of t his s ection m ay be r eceived a t t hat a dministrative a ppeal h earing conducted b y t he Board of C ounty C ommissioners or its de signee(s). If t he Board of C ounty Commissioners shall determine upon s uch administrative appeal hearing that such denial, suspension or revocation is not proper under the provisions of this chapter, they shall notify SCRAPS, which shall cause the 1 icense t o be i ssued or reinstated forthwith. If t he Board of C ounty C ommissioners determines upon such administrative appeal hearing that such license should be denied, suspended or revoked under the provisions of this section, they shall issue such order in writing. An appeal of such an or der m ay be m ade i n the superior court of S pokane C ounty i n the manner provided under the general 1 aws of t he s tate of W ashington. I n t hose i nstances w here t he Board o f C ounty Commissioners' de signee a cts a s a he aring officer i n c onjunction with t his s ection, the following procedures shall apply: (a) All hearings before the hereinabove designee shall be recorded; all testimony shall be taken under oath and witnesses may be subpoenaed by the designee; (b) The he aring officer s hall r ender a n or al r ecommendation a t t he c onclusion of t he hearing or within five (5)business days. This time may be extended at the discretion of the hearing officer. The oral recommendation s hall be r educed to writing and shall include findings of fact and conclusions of law, and shall be submitted to the Board of County Commissioners of Spokane County for action; a copy will be forwarded to the applicant and the Director. Upon receipt by the Clerk of the Board of County Commissioners of the written recommendation of the hearing officer, the Clerk shall place the matter on its next regular meeting agenda for action. The applicant shall be advised by the SCC 5.04 12 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE Clerk of the Board that the Board will take formal action on the recommendation of the hearing officer at the time, date and place of the Board of County Commissioners' next regular meeting; (c) At t he time, date and p lace t hat t he Board of County C ommissioners considers the written recommendation of the hearing officer no additional testimony or evidence will be considered. The record before the Board of County Commissioners will include the electronic recording of the hearing b efore t he he aring of ficer, a ny written doc uments s ubmitted to the he aring of ficer for consideration at the time of the hearing or after the hearing if requested by the hearing officer and the findings of fact conclusions of law and recommendation of the hearing officer. The Board of County Commissioners may ask questions of the hearing officer for purposes of clarification; and (d) The B oard of C ounty C ommissioners m ay accept, r eject, or m odify t he recommendation of the hearing officer. The Board shall render its decision in writing. (5) The following operation standards shall be observed in connection with a commercial kennel: (a) All animals must have an adequate supply of drinking water, sanitary sleeping quarters, adequate s helter, m edical at tention, grooming and exercise ar eas appr opriate t o their s ize, breed characteristics and climate; (b) All animals shall be supplied with sufficient good and wholesome food as often as the feeding habits of the respective animals require, but not 1 ess than, i n the case of puppies or kittens under four months of age, three times every twenty-four hours; and in the case of adults, once every twenty-four hours-; (c) Food shall be stored in a fashion which prevents contamination or infestation; (d) The F acilities s hall be maintained and operated in a he althful, sanitary ma nner, free from disease, infestation and foul odors; (e) All a nimals a nd animal buildings or e nclosures s hall be m aintained i n a c lean and sanitary condition. H ousing facilities s hall be structurally s ound and s hall be m aintained i n g ood repair, t o protect the animals from injury, to contain the animals, and to restrict the entry o f of her animals. A 11 reasonable precautions s hall be taken t o protect the public from the a nimals and the animals from the public. (f) Sick animals s hall be is olated from he althy ones i n quarters a dequately ventilated t o prevent contamination of healthy animals; (gg Animals shall be immunized from disease as is usual and customary for the animals' age and species. (h) All a nimal rooms, c ages, s hipping c ontainers, and runs s hall b e of sufficient s ize to provide adequate and proper accommodations and protection from the weather for the animals kept therein. If i ndividual r uns a re ut ilized, t he s urface s hall be c ement, g ravel, or s havings. A t a minimum, sufficient s pace mus t be p rovided for e very a nimal inane nclosure t o s eparately and together, stand up, lie down, and turn around in a natural position. (i) All animals shall be maintained so as to comply with section 5.04.070(7). (6) No commercial kennel license, or any renewal thereof, may be issued until the owner or operator thereof allows the Director or his/her designee to inspect the premises of the license applicant. Such inspections shall be made during regular business hours. The purpose of such inspection shall be to determine if the commercial kennel does or can meet the standards set forth in subsection (5). The Director, or hi s/her designee, may ins pect the premises at any time to insure compliance with the provisions of this ordinance. (7) Any person owning or exercising control of an unlicensed commercial kennel is guilty of a misdemeanor. 5.04.043 Private Kennels SCC 5.04 13 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE (1) Private kennels located in Spokane County shall be licensed as required by this section. Private kennel licenses shall be for a twelve (12) month period and shall be renewed on or before the expiration of the twelve (12) month period. The fee for a private kennel license is one-hundred dollars ($100.00), payable to SCRAPS. An additional fee of twenty-five dollars ($25.00) shall be assessed and payable if the license is not timely renewed; and, all renewal rights to existing license cease to exist 90 days after renewal date and continued operation of the kennel shall be deemed operation of an illegal kennel. SCRAPS shall mail a notice of renewal of license not less than thirty (30) days prior to the expiration of said license. Individual licenses are not required for any animals legally maintained within a private kennel. (2) Applications for private kennel licenses shall be made to S CRAPS. Each application shall be i n w riting, a nd s igned a nd s worn t o b y t he a pplicant. T he a pplication s hall c ontain the following information: (a) The name, home address, and telephone number of the applicant; (b) A diagram to scale or approximately to scale showing the property and structures for which the license is sought; (c) A diagram of the kennel facility; (d) A description of the premises where the kennel will be operated, as well as a description of the magnitude and nature of the proposed private kennel, including the number and breed of dogs or cats to be housed there; (e) A de scription of t he us es t o w hich t he pr operties s urrounding t he pr oposed pr ivate kennel are devoted; (f) A written statement from the Spokane County Division of Building and Planning that the proposed private kennel complies with applicable zoning laws. (3) SCRAPS may refuse issuance or renewal of a license, or revoke or suspend said license, upon finding after investigation or hearing it deems necessary that: (a) The license fee has not been paid; (b) The application does not satisfy the requirements of subsection (2); (c) Such 1 icense was issued illegally, or b y mistake or inadvertence, or was procured b y fraud, misrepresentation, false or misleading statements, evasions or suppression of material facts, or that any of the material facts contained in the application are false; (d) Operation of the kennel constitutes a public nuisance; (e) The 1 icensee, or any agent of t he 1 icensee, i n connection w ith t he ope ration of t he private kennel, has, within a two-year period: (i) Been found guilty or committed of a violation of any of the provisions of this chapter, chapter 5.12 of the County Code, or chapters 16.08, 16.52, or 16.54 Revised Code of Washington; (ii) Violated any of the standards i mposed for ope ration o f pr ivate ke nnels b y subsection (4) hereof; or (iii) Kept more than the number of dogs or cats allowed by subsection (5) hereof. (4) The f ollowing ope ration s tandards s hall be obs erved i n c onnection w ith a pr ivate kennel: (a) The animals must have an adequate supply of drinking water, sanitary sleeping quarters, and adequate shelter, medical attention, grooming and exercise areas appropriate to their size, breed characteristics and climate; (b) All animals shall be supplied with sufficient good and wholesome food as often as the feeding habits of the respective animals require, but not 1 ess than, i n the case of puppies or kittens under four months of age, three times every twenty-four(24) hours; and i n the case of adults, one e every twenty-four (24) hours. SCC 5.04 14 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE (c) All a nimals a nd animal buildings or e nclosures s hall be m aintained i n a c lean and sanitary condition. H ousing facilities s hall be structurally s ound and s hall be m aintained i n g ood repair, to protect the animals from injury, t o contain the animals, and t o restrict the entry o f of her animals. A 11 reasonable precautions s hall be taken t o protect the public from the a nimals and the animals from the public; (d) Sick animals s hall be is olated from he althy ones in quarters a dequately ventilated to prevent contamination of healthy animals; (e) Animals shall be immunized from disease as is usual and customary for the animals' age and species; (f) All a nimal rooms, c ages, s hipping c ontainers, and runs s hall be of sufficient size to provide adequate and proper accommodations and protection from the weather for the animals kept therein. If i ndividual r uns a re ut ilized, t he s urface s hall be c ement, g ravel, or s havings. A t a minimum, s ufficient s pace m ust be p rovided for e very animal i n an e nclosure t o separately and together, stand up, lie down, and turn around in a natural position; and (g) All animals shall be maintained so as to comply with section 5.04.070(7). (5) No private k ennel s hall have m ore than eight (8) do gs a nd/or t en (10) cats over six months of age without the consent of SCRAPS. (6) No private ke nnel license, or any renewal t hereof m ay be i ssued until the ow ner o r operator allows, the Director, or his/her designee, to inspect the premises of the license applicant at a mutually convenient time. The purpose of such inspection shall be to determine if the private kennel does or can meet the standards set forth i n subsection (4). Any 1 icense or renewal thereof s hall be conditioned on the owner/operator allowing the Director or his/her designee to inspect the premises at any time to insure compliance with the provisions of this ordinance. (7) Any person owning or exercising control of an unlicensed private kennel is guilty of a misdemeanor. 5.04.044 Prohibited Sales -Rules and Regulations. (1) No person shall display, sell, deliver, offer for sale, barter, auction, give away, dispose, or advertise the availability of an animal upon any public property or upon private property open to the public. (2)For purposes of this section, public property shall include but not be limited to any County-owned real property, air space, or other interest in real estate, including streets, roads, alleys or other public right-of ways, owned by or controlled by Spokane County or any governmental entity within the unincorporated areas or incorporated areas under contract that have adopted this chapter. (3)For purposes of this section, "private property open to the public" shall include but not be limited to any parking lot, sidewalk, and empty lot. (4) This section shall not apply to the sale of an animal that occurs: (a) On private property not open to the public; (b) At legally permitted Pet Shops and Kennels; SCC 5.04 15 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE (c) At or through any humane society, animal welfare society, society for the prevention of cruelty to animals or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals and approved by the Director. (5)Nothing in this section shall permit the sale or harboring of an inherently dangerous animal within the County prohibited pursuant to SCC 5.12. 5.04.045 Designated Off-Leash Area(s) - Rules and Regulations. Except a s expressly allowed i n this section, it shall be unl awful for any person t o allow or permit their dog to run at large. (1) Dogs may be allowed to run at large only in the following designated off-leash areas: (a) Designated off-leash area w ithin Gateway P ark, located off Interstate 90 in Spokane County adjacent to the Idaho/Washington border; (2) An area d esignated as off-leash a rea i n s ubsection ( 1)he rein, i s governed b y t he following rules and regulations: (a) Any person bringing a dog i nto the off-leash area remains 1 iable for damage or injury inflicted by the dog and is subject to all applicable Washington State and Spokane County laws regulating dogs. (b) Any dog deemed pot entially d angerous or da ngerous b y any r ecognized a nimal control authority is not allowed in an off-leash area. (c) Any person bringing a dog into an off-leash area must maintain control of the dog(s) at all times. (d) No handler is allowed to have more than three (3) dogs in an off-leash area at any one time. A handler must attend his/her dog within an off-leash area at all times. (e) Any dog exhibiting dangerous or aggressive behavior, including but not limited to biting and fighting is prohibited from an off-leash area. (f) A female dog in heat is not allowed in an off-leash area. (g) Any person bringing a dog to an off-leash area must leash the dog when it is outside the off-leash area; and, must carry a 1 eash for each dog while inside the off-leash area. (h) Pinch and choke collars are not allowed when a do g i s o ff 1 eash i n the off-leash area. (i) A dog must be vaccinated. (j) Any person bringing a dog into an off-leash area must clean up feces after the dog,. deposit feces in the containers at the off-leash site, and visibly carry equipment for removing feces. (k) Any children less than 16 years of age in the off-leash area must be accompanied by a parent or guardian. (1) No glass containers or alcohol allowed in an off leash area. (m)Bicycles, skateboards, and other w heeled items are p rohibited i nside an off-leash area. 5.04.050 Enforcement Power (1) The Director or his/her designee are authorized to take such lawful action as may be required to enforce the provisions of this chapter and chapter 5.12 of the Spokane County Code and chapters 16.08, 16.52 and 16.54 of the Revised Code of Washington. SCC 5.04 16 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE (2) The Director or his/her designee, unless authorized by the owner or person entitled to possession thereof, s hall not enter private dwellings which are not 1 icensed as either commercial or private kennels unless a proper warrant has b een i ssued upon a showing that the Director or hi s/her designee has reasonable cause to believe that there is a violation of this chapter or chapter 5.12 of the Spokane County Code or chapters 16.08, 16.52 or 16.54, Revised Code of Washington. The Director or his/her designee, while pursuing any dog observed by the officer to be in violation of this chapter, or during investigation for unlicensed dogs, may enter upon any public or private property, except any private dwellings which are not licensed as either commercial or private kennels, for the purpose of abating the dog violation being investigated. (3) No pe rson s hall de ny, prevent, obs truct or attempt t o de ny, p revent or obs truct t he Director or his/her designee from pursuing any animal observed to be in violation of this chapter or chapter 5.12 of the Spokane County Code and chapters 16.08, 16.52 or 16.54 of the Revised Code of Washington. N o person shall fail or neglect, after a proper warrant has been presented, to properly permit the Director or his/her designee to enter private property or private dwelling homes to perform any duty imposed by this chapter or chapter 5.12 of the Spokane County Code or chapters 16.08, 16.52 or 16.54 of the Revised Code of Washington. 5.04.060 Impounding of dogs—Notice of owner or keeper—Redemption—Fee. (1) The Director or hi s/her de signee m ay i mpound a ny do g(s) doi ng a ny oft he a cts prohibited b y S pokane County C ode, or de termined t o be i n da nger of be ing s ubjected t o c reel treatment as defined by this chapter and/or chapter 16.52 RCW or when the dog is found to be sick, injured or dead. (2) The D irector or hi s/her designee upon i mpounding of a do g s hall r ecord t he br eed, color, and sex of the and whether or not i s wearing a current license tag. If currently licensed, the Director or hi s/her designee s hall also record the name and address of the owner or keeper and the number of the license tag. If the dog i s not returned to its owner or keeper, the Director or hi s/her designee shall notify the owner or keeper either by mail or telephone or personal notice that the dog has been impounded and where it may be redeemed. Any dog identified as currently licensed and deg impounded pursuant t o t his c hapter_shall be held for the ow ner or ke eper for a t 1 east one hundred twenty (120) hours from the time of impoundment. Any unlicensed dog shall be held for the owner or keeper at least seventy-two (72) hours from the time of impoundment. (3) Any dog not redeemed a fter t he e xpiration of t he hol ding pe riod a s pr ovided i n subsection (2) o f this section may be adopted out or humanely euthanized. All adoptions s hall be pursuant section 5.04.064. (4) Notwithstanding the holding periods referenced in sub-section (2) of this section, the Director o r hi s/her de signee m ay, i n the exercise of t heir di scretion and i n a ccordance with pol icy established b y S CRAPS, authorize any unl icensed i mpounded do g be humanely euthanized i fit i s determined the animal i s: a)feral and/or dangerous to the safety of humans or other animals, orb) suffering from serious injury or disease, or c)the designated shelter area for dogs is at capacity. (5) Any dog impounded pursuant to this section may be redeemed by owner or keeper upon payment of all redemption fees as provided in section 5.04.110. In addition, any unlicensed dogs must be licensed at the time of redemption. (6) Any dog running at large during rabies quarantine shall be immediately impounded by SCRAPS and kept at the animal shelter for the remainder of the quarantine at the owner's or keeper's expense. 5.04.064 Release for Adoption (1) The Director m ay, i n hi s or her sole di scretion, de cline t o release a n animal for a doption under any circumstances including but not limited to: SCC 5.04 17 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE (a) The prospective adoptive owner has a hi story of violations of this chapter or has been convicted of an animal-related crime; (b) The prospective adoptive owner has inadequate or inappropriate facilities for confining the animal and for providing proper care to the animal as required by this chapter, chapter 5.12 of the County Code, and the Revised Code of Washington Title 16. (c) T he ex istence of of her ci rcumstances w hich, in the op inion of t he D irector, w ould endanger the welfare of the animal or the h ealth, safety and welfare of the p eople residing in the county; or (d) The animal is classified as a dangerous dog or a potentially dangerous dog. (2) Any adoption shall be subject to the following: (a) T he a doptive ow ner s hall a gree i n w riting t o furnish pr oper care t o t he animal i n accordance with this chapter, chapter 5.12 of the County Code, and the Revised Code of Washington Title 16; (b)Payment of required fees under this chapter; and (c) All animals must be spayed/neutered as set forth in section 5.04.065 (3)N otwithstanding the requirements set forth in subsections (1) and (2) of t his section, the Director may release an animal t o an approved animal shelter or rescue/adoption agency which has agreed in writing to abide by the constraints of this section in the placement of rescue animals. 5.04.065 Adoption of Animal -- Agreement to Spay or Neuter — Sterility Fee -- Forfeiture of Animal -- Animal Care And Protection Reserve Funds Account. (1) Any dog or cat adopted from SCRAPS shall, at the direction of SCRAPS be spayed or neutered prior to adoption unless the Director or his/her designee determines in the exercise of his/her discretion that the sterilization procedure should be postponed, for a maximum of ninety days, due to the animal's age, health or other appropriate factors. (2) At the time of adoption of any dog or cat SCRAPS, a thirty-five dollar($35.00) sterility fee for dogs and a twenty-five dollar ($25.00) sterility fee for cats will be charged in addition to other fees enumerated in 5.04.030. (3) The sterility fee collected by S CRAPS from the a doption of any dog or cat w ill be deposited i nto t he A nimal C are A nd P rotection R eserve Funds a ccount of Spokane C ounty a nd restricted for use to reimburse veterinarians for the spay/neuter of adopted dogs and cats; and, if excess funds are available, at the discretion of the Director, for treatment and care of injured or sick animals impounded by SCRAPS and projects/programs/services that may benefit the people and animals in the community. (4) All persons a dopting a nimals from S CRAPS which have not be en sterilized w ill be provided with a sterility voucher which will contain space for the signature of a licensed veterinarian who performs the spaying or neutering of the animal. In addition, the person adopting will be provided a list of licensed veterinarians participating in the SCRAPS Neutering Program. In order for the person adopting to have his or her new pet spayed or neutered for no charge, the person must have their pet sterilized within ninety (90) days of purchase by a participating veterinarian. The sterility voucher shall be presented to the participating veterinarian, who shall sign and date it and return it to SCRAPS for reimbursement. If the person adopting decides t o use a veterinarian who does not participate i n the SCRAPS N eutering P rogram, they w ill be responsible for a 11 fees charged b y the nonp articipating veterinarian. Whether a participating or nonparticipating veterinarian is used, the pet must be sterilized within ninety (90) days of purchase. (5) The person adopting an animal shall be responsible for providing proof that the animal has been spayed or neutered to SCRAPS within ninety (90) days of adoption. Proof shall consist of the completed sterility voucher from a veterinarian participating in the S CRAPS Neutering Program; or where t he a nimal ha s b een s payed or ne utered b y a nonp articipating veterinarian, t he pr oof s hall SCC 5.04 18 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE consist of a written statement from the veterinarian or clinic which spayed or neutered the animal, indicating the date the animal was spayed or neutered. (6) Upon r eturn of t he s igned a nd da ted s terility vouc her b y a 1 icensed pa rticipating veterinarian to SCRAPS, the Director or his/her designee will cause the issuance of a check or warrant to the veterinarian in accordance with the then scheduled reimbursement rate. (7) Any person adopting an animal who fails to provide proof the animal adopted has been spayed or neutered shall surrender the animal to SCRAPS. (8) SCRAPS shall maintain a neutering program revolving account which will constitute a checking a ccount s et up unde r t he c ontrol of t he S CRAPS D irector t o f acilitate pa yment to participating veterinarians a fter r equired p roof of s paying/neutering or other qua lified ve terinarian services ha s be en s ubmitted. V eterinarians m ay also be r eimbursed t hrough t he c ounty vouc her payment system. (9) The neutering program revolving account shall be balanced and reimbursed by county warrant a t 1 east m onthly; reimbursement vouc hers s hall ha ve s terility voucher or of her qua lified veterinarian service receipts attached. The receipts will be charged to the Animal Care And Protection Reserve Funds account of Spokane County. 5.04.066 Impounding of Cats--Notice to Owner or Keeper—Redemption. (1) The D irector o r hi s/her de signee m ay i mpound a ny c at(s) doi ng a ny oft he a cts prohibited b y Spokane County C ode, i f the cat is in danger of being subjected to cruel treatment as defined b y this chapter and/or chapter 16.52 R CW or when the c at i s found to be sick, injured, or dead. (2) The Director or his/her designee upon the impounding of a cat shall record the breed, color and s ex of the cat, and whether o r not the cat i s wearing a current license tag. I f currently licensed, the Director or his/her designee shall also record the name and address of the owner or keeper and number of the license tag. If the cat is not returned to its licensed owner or keeper, the Director or his/her designee shall notify the cat's owner or keeper either by mail, or telephone, or personal notice that t he c at ha s be en i mpounded and w here i t m ay be r edeemed. Any cat id entified as currently licensed eff.t and impounded pursuant to this chapter shall be held for the owner or keeper for at least one hundred twenty (120) hours from the time of impoundment. The length of time an unlicensed cat is to be held depends on the temperament of the animal, if the animal is sick or injured, space available in the animal shelter and whether placement through adoption is available. (3) Any cat(s) not r edeemed a fter t he e xpiration of t he hol ding pe riod as pr ovided i n subsection (2) of this section may be adopted out or humanely euthanized. All cats adopted out shall be pursuant to 5.04.064. (4) Notwithstanding the holding periods referenced in sub-section (2) of this section, the Director o r hi s/her de signee m ay, i n the exercise of t heir di scretion and i n a ccordance with pol icy established by S CRAPS, authorize any impounded cat be humanely euthanized if they determine the animal is: a)feral and/or dangerous to the safety of humans or other animals, b) suffering from serious injury or disease, or c)the designated shelter area for cats is at capacity. (5) Any cat impounded pursuant to this section may be redeemed by the owner or keeper upon payment of all redemption fees as provided in section 5.04.110. In addition, any unlicensed cats must be licensed at the time of redemption. (6) Any cat running at large during rabies quarantine shall b e immediately impounded b y SCRAPS and kept at the animal shelter for the remainder of the quarantine at the owner's or keeper's expense. 5.04.067 Control of cats. SCC 5.04 19 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE The following cat control regulations are police regulations designed to protect public health and safety. The owner or keeper of a cat i s strictly 1 iable t o control hi s/her cat or cats as required herein. This means that the penalty for violation of these regulations is imposed without regard to any wrongful intention of the violator. It is unlawful for the owner or keeper of a cat or cats to violate any of the following regulations. The owner or keeper of a cat or cats shall prevent said cats from: (1) Being accessible t o of her c ats, w hile i n h eat, for pur poses of her than controlled or planned breeding; (2) Running at large when the cat has not been neutered or spayed, and the cat i s six (6) months of age or older; (3) Being k ept, ha rbored or m aintained and known t o have a c ontagious d isease unl ess under the treatment of a licensed veterinarian, and appropriately isolated to protect the public and other animals; (4) Being on private property without the permission of the property owner or the person entitled to possession of the property. (5)Exhibiting vicious propensities; and (6)Entering any place where food is stored, prepared, served or sold to the public or any public building or hall; provided, that this section shall not apply to any trained service cat; to veterinarian offices or hospitals; or to exhibitions or organized cat shows. 5.04.070 Control of dogs. The following dog control regulations are police regulations designed to protect public health and safety. The owner or keeper of a dog is strictly liable to control his or her dog or dogs as required herein. This means that the penalty for violation of these regulations is imposed without regard to any wrongful intention of the violator. It is unlawful for the owner or keeper of a dog or dogs to violate any of the following regulations. The owner or keeper of a dog or dogs shall prevent said dogs from: (1)Running at large in Spokane County, whether licensed or not; provided, that this subsection shall not: a)prohibit a person from walking or exercising a dog in public when such dog is on a leash, tether or chain not to exceed eight feet in length; and, b) prohibit a person from having a dog off-leash in a n area de signated pursuant t o s ection 5.0 4.045(1) a s a n of f-leash area p rovided that t he requirements of section 5.04.045(2) are met; (2) Entering any place where food is stored, prepared, served or sold to the public or any public building or ha 11; provided, t hat t his s ubsection s hall not a pply t o a ny do g guide or t rained service animal; to veterinarian offices or hospitals; or to dog exhibitions or organized dog training classes or to dogs used by armored car services or law enforcement agencies; (3) Being accessible to other animals, while in heat, for purposes other than controlled or planned breeding; (4) Chasing, running after or jumping at vehicles using public streets and alleys; (5) Snapping, growling, snarling, barking in a threatening manner,jumping upon, chasing or otherwise threatening persons or animals; (6) Exhibiting vicious propensities; (7) Howling, yelling, whining or barking or making other oral noises in such a manner as to disturb any person or groups of persons to an unreasonable degree; (8)Being kept, harbored or maintained and known to have a contagious disease unless under the treatment of a licensed veterinarian and appropriately isolated to protect the public and other animals; (9)Running in packs; provided, for the purpose of this section "packs" means dogs in groups of three or more; (10)Running at large when the dog has not been neutered or spayed, and the dog is six months of age or older; SCC 5.04 2 0 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE (11) A dog declared a potentially dangerous shall not be at running at large or off the owner or keeper's property, unless it is on a leash and under physical restraint of a responsible person. (12) A dog declared a dangerous dog shall not be running at large or outside a proper enclosure, unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The m uzzle s hall be m ade in a m anner t hat w ill n of c ause injury t o the d og or interfere with its vision or respiration but shall prevent it from biting any person or animal. 5.04.071 Violations as Infractions--Exceptions. Failure to perform any act required by this chapter or the performance of any act prohibited by this chapter i s designated as an infraction and may not b e classified as a criminal offense, except the following violations shall be classified as: (1) MISDEMEANORS: (a) Section 5.04.030 f44 falsely r epresenting dog or cat as s payed/neutered o r nonspayed/nonneutered; (b) Sections 5.04.032(3) and 5.04.033 (7) , failure t o a bide b y c onditions i mposed on potentially dangerous dogs; (c) Section 5.04.040, theft or misuse of license tags. (d) Section 5.04.042(7), operating an unlicensed commercial kennel; (e) Section 5.04.043(7), operating an unlicensed private kennel; (f) Section 5.04.045(2)(e), allowing a dog to exhibit dangerous or aggressive behavior in a designated off-leash area; (g) Section 5.04.045(2)(f), allowing a female dog in heat in a designated off-leash area; (h) Section 5.04.067(5), cats exhibiting vicious propensities which constitute a danger to persons or domestic animals; (i) Section 5.04.070(6), dogs exhibiting vicious propensities which constitute a danger to persons or animals; (j) Section 5.04.070(11), potentially dangerous dog at large; EjAk1 Section 5.04.079(1), failure to sign a promise to appear; Section 5.04.0791, failure to identify—person receiving notice; (1)(m) Section 5.04.0792, failure to obey an officer; { }(n) Section 5.04.120(3), interference with lawful euthanasia. (n)fo) Section 5.04.150, failure to report striking domestic animal with motor vehicle; (e)(p) Section 5.04.160, failure to report animal bites; and (Ff0fal The third or s ubsequent vi olation of a ny pr ovision c onstituting a n i nfraction of t his chapter w ithin a tw elve-month pe riod. F or pu rposes of t his s ubsection, a t hird or subsequent violation within a twelve-month period is determined according to the date of the offense for which an infraction, citation or complaint has been issued, regardless of whether the court has deemed the violation to have been committed,provided, that a finding by the court that the prior infraction was not committed shall render the prior violation not countable toward the third or subsequent violation; (2) GROSS MISDEMEANORS: (a) Section 5.04.035, failure to comply with dangerous dog registration and ownership requirements; (b) Section 5.04.045(2)(b), prohibited dog in dog park; and (c) Section 5.04.070(12), dangerous dog at large. 5.04.072 Notice of Infraction--Issuance. SCC 5.04 21 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE (1) The D irector and Animal P rotection Officer s hall be specially com missioned by the County S heriff to i ssue a notice of infraction if committed in their presence or if after investigation they h ave reasonable c ause t o believe t hat t he ow ner or ke eper o fan ani mal ha s com mitted an infraction. (2) The court may i ssue a notice of i nfraction upon receipt o f a written statement of the Director or his/her designee that there is reasonable cause to believe that an infraction was committed. 5.04.073 Notice of Infraction--Determination Final Unless Contested--Form. (1) A notice of infraction represents a determination that an infraction has been committed. The determination will be final unless contested as provided in this chapter. (2) The notice of infraction shall include the following: (a) A s tatement t hat t he n otice r epresents a de termination that an infraction has be en committed by the person named in the notice and that the determination shall be final unless contested as provided in this chapter; (b) A statement that an infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction; (c) A statement of the specific infraction for which the notice was issued; (d) A statement of the monetary penalty established for the infraction; (e) A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options; (f) A statement that at any hearing to contest the determination, the county has the burden of proving, by a preponderance of the evidence, that the infraction was committed; and that the person may subpoena witnesses including the officer who issued the notice of infraction; (g) A s tatement that at a ny he aring r equested for t he pur pose of explaining mitig ating circumstances s urrounding t he c ommission of t he i nfraction, t he pe rson w ill be de emed t o h ave committed the infraction and may not subpoena witnesses; (h) A statement that the person must respond to the notice as provided in this chapter within fifteen (15) days; (i) A s tatement which the person s hall s ign t hat the pe rson pr omises t o r espond t o the notice of infraction in one of the ways provided in this chapter; and (j ) A statement that failure to respond to the notice of infraction or a failure to appear at a hearing requested for the pur pose of c ontesting the de termination or for the pur pose of explaining mitigating circumstances w ill result in a de fault judg ment a gainst the person i n the a mount of the penalty. 5.04.074 Response to Notice of Infraction--Contesting Determination--Hearing-- Failure to Respond or Appear. (1) Any person who receives a notice of infraction shall respond to such notice as provided in this section within fifteen (15) days of the date of the notice. (2) If t he pe rson de termined t o ha ve committed t he i nfraction do es n of c ontest t he determination, t he pe rson s hall r espond b y c ompleting t he a ppropriate por tion of t he not ice of infraction and submitting it, either by mail or in person, to the court specified on the notice. A check or money order in the amount of the penalty prescribed for the infraction must be submitted with the response. When a response which does not contest the determination is received, an appropriate order shall be entered in the court's records. (3) If t he p erson de termined t o ha ve c ommitted t he i nfraction w ishes t o c ontest t he determination, the person shall respond by completing the portion of the notice of infraction requesting a hearing and submitting it, either by mail or in person, to the court specified on the notice. The court SCC 5.04 22 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE shall notify the person in writing of the time, place and date of the hearing, and that date shall not be sooner than seven (7) days from the date of the notice, except by agreement. (4) If t he pe rson de termined t o ha ve committed t he i nfraction do es n of c ontest t he determination but wishes t o explain mitigating circumstances surrounding the i nfraction, the person shall respond by completing the portion of the notice of infraction requesting a hearing for that purpose and submitting it, either b y m ail or i n person, t o the court specified on the notice. The court shall notify the person in writing of the time, place and date of the hearing. (5) The court shall enter a de fault j udgment assessing the monetary penalty prescribed for the infraction and may notify the prosecuting attorney of the failure to respond to the notice of civil infraction or to appear at a requested hearing if any person issued a notice of infraction: (a) Fails to respond to the notice of infraction as provided in subsection (1) or(2) of this section; or (b) Fails to appear at a hearing requested pursuant to subsection (3) or(4) of this section. 5.04.075 Hearings -- Infraction--Rules of Procedure--Counsel. (1) Procedures for the conduct of all infraction hearings provided for in this chapter shall be in accordance with the Infraction Rules for Courts of Limited Jurisdiction. (2) Any person subject to proceedings under this chapter may be represented by counsel. 5.04.076 Hearings --Contesting Determination that Infraction Committed--Appeal. (1) A he aring held for the purpose of contesting the determination that an i nfraction ha s been committed shall be without a jury. (2) The court may consider the notice of infraction and any other written report made under oath submitted by the officer who issued the notice or whose written statement was the basis for the issuance of the notice in lieu of the officer's personal appearance at the hearing. The person named in the notice may subpoena witnesses, including the officer, and has the right to present evidence and examine witnesses present in court. (3) In t he e vent t he de fendant c ontests a ny i nfraction, t he bur den o f pr oof i s upon t he county to establish the commission of the infraction by a preponderance of the evidence. (4) After consideration of the evidence and argument the court shall determine whether the infraction was committed. Where it ha s not been established that the infraction was committed, an order dismissing the notice shall be entered in the court's records. Where it has been established that the infraction was committed, an appropriate order shall be entered in the court's records. (5) An appeal from the court's determination or order shall be to the superior court. The decision of the superior court is subject only to discretionary review pursuant to Rule 2.3 of the Rules of Appellate Procedure. 5.04.077 Hearings—Infraction--Explanation of Mitigating Circumstances. (1) A hearing held for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of an i nfraction shall be an informal proceeding. The person may not subpoena witnesses. The determination that an infraction has been committed may not be contested at a hearing held for the purpose of explaining mitigating circumstances. (2) After t he c ourt ha s he and t he e xplanation of t he c ircumstances s urrounding t he commission of the infraction, an appropriate order shall be entered in the court's records. (3) There m ay b e no a ppeal from t he court's de termination or o rder a t a he aring on mitigation. 5.04.078 Order of Court—Infraction--Civil Nature -- Waiver, Reduction Suspension of Penalty-- Restitution. SCC 5.04 23 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE (1) An or der entered after t he r eceipt of a r esponse w hich doe s not c ontest t he determination or after it has been established at a hearing that the infraction was committed, or after a hearing for the purpose of explaining mitigating circumstances is civil in nature. (2) The c ourt m ay i nclude i n the or der the i mposition of any p enalty authorized b y the provisions of this chapter for the commission of an infraction. The court may, in its discretion, waive, reduce, or suspend the monetary penalty prescribed for the infraction. (3) The c ourt m ay or der a pe rson found t o have c ommitted a c ivil i nfraction t o m ake restitution. 5.04.079 Failure to sign -- Failure to satisfy penalty. (1) I t i s a misdemeanor for any pe rson who has been personally served with a notice o f criminal c itation or a c ivil i nfraction, a s pr ovided b y S pokane C ounty District C ourt r ule, a s i t presently exists or as may be hereinafter amended, to refuse to sign a written promise to respond to the notice. (2) A person who willfully fails to pay a monetary penalty or to perform community service as required by a court under this chapter may b e found in civil contempt of court as provided for in chapter 7.21 RCW. 5.04.0791 Person receiving notice--Identification and detention. (1) A person who is to receive a notice of infraction or a criminal citation under this chapter or chapter 5.12 o f the Spokane County C ode or chapters 16.08, 16.52 o r 16.54 R CW i s required to identify himself or herself to the Director, Animal Protection Officer, or a sheriff's deputy by giving his or her name, address, and date of birth and upon request shall produce reasonable identification, including a driver's license or identicard. (2) A person who i s un able or unwilling t o reasonably i dentify himself or herself t o the Director, Animal P rotection O fficer, or a sheriff's deputy maybe detained for a period of time not longer than is reasonably necessary to identify the person for purposes of issuing a notice of infraction or citation. (3) Willful f ailure to identify, following a 1 awful r equest and er t his section i s a misdemeanor. 5.04.0792 Failure to Obey Instructions of an Officer A pe rson i s required t o s top w hen requested or s ignaled t o do s o b y t he D irector, A nimal Protection Officer, or of a sheriff's deputy in the enforcement of this chapter or chapter 5.12 of the Spokane County Code or chapters 16.08, 16.52 or 16.54 RCW. Any person who willfully violates this section is guilty of a misdemeanor. 5.04.090 Animal Control Director or Animal Protection Officer--Issuance of Criminal Citation. The Director or hi s/her designee shall be specially commissioned b y the county sheriff as a deputy for the pur pose of enforcing any provision of t his chapter or chapter 5.12 of the S pokane County Code or chapters 16.08, 16.52 or 16.54 RCW and shall have the authority to issue infractions, and c riminal c itations and m ake a rrests w here the D irector or hi s/her designee ha s i nformation t o support a reasonable belief t hat the owner, handler, or keeper of the animal is in violation of any sections constituting a misdemeanor or gross misdemeanor. 5.04.110 Redemption Procedures. (1) Any dog impounded pursuant to the provisions of this chapter or chapter 5.12 of the Spokane County Code or chapters 16.08, 16.52 o r 16.54 RCW may, subsequent to the satisfaction of SCC 5.04 24 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE all conditions for release, be redeemed upon p ayment of any fees and penalties due and owing, any recoverable expenses i ncurred b y S CRAPS and proof of a current 1 icense; and, proof of a current rabies vaccination or written agreement to present such proof within 30 days. The redemption fee for a dog shall be twenty-five dollars ($25.00) for each dog plus an additional fee of ten dollars ($10.00) for each twenty-four-hour period or portion thereof during which such dog is retained by the impounding agency. Provided, that the redemption fee for a dog redeemed a second or a third time in any twelve- month period shall be thirty-five dollars ($35.00) and fifty-five dollars ($55.00)respectively, plus an additional fee of ten dollars ($10.00) for each twenty-four-hour period or portion thereof during which such dog is retained by the impounding agency. Provided further, the Director or his/her designee for good cause at his/her discretion may waive and/or reduce the redemption fee. (2) Any cat i mpounded pur suant t o the provisions of this chapter or chapter 5.12 of the Spokane County Code or chapters 16.08, 16.52 o r 16.54 RCW may, subsequent to the satisfaction of all conditions for release, be redeemed upon payment of the any fees and penalties due and owing, any recoverable expenses i ncurred b y S CRAPS a nd pr oof of c urrent 1 icense a nd r abies va ccination presented. T he redemption fee for a cat shall be twenty-five dollars ($25.00)for each cat, plus an additional fee of ten dollars ($10.00)for each twenty-four(24) hour period or portion thereof during which such cat i s retained b y the i mpounding a gency. P rovided, that the redemption fee for a cat redeemed a second or third time in any twelve (12) month period shall be thirty-five dollars ($35.00) and fifty-five dollars ($55.00)respectively; plus an additional fee of ten dollars ($10.00)) for each twenty-four(24) hour period or portion thereof during which such cat i s retained by the impounding agency. P rovided further, the Director or hi s/her designee for good cause at hi s/her di scretion may waive and/or reduce the redemption fee. (3) Recoverable expenses incurred include but are not 1 imited to Trip fees of twenty-five dollars ($25.00)for a r egular response and fifty-dollars ($ 50.00)for a n emergency response; a nd, reasonable veterinary expenses incurred by SCRAPS. (4) All fees and expenses payable under this section shall be made payable to SCRAPS. 5.04.120 Destruction of Vicious and Dangerous Dogs. (1) The owner or keeper of any dog having vicious propensities as defined in this chapter may be ordered t o turn the dog over t o S CRAPS for di sposal b y means of euthanasia by aj udicial officer o f t he di strict c ourt upon t he ow ner's or ke eper's c onviction of a ny vi olation of s ection 5.04.070(6). (2) Any dog declared a dangerous dog that has failed to receive a certificate of registration shall be euthanized as provided for in section 5.04.032(4) and (5). (3) Any owner or ke eper o f a do g t o b e de stroyed by means of eut hanasia u nder t his chapter, chapter 5.12 of the County Code, and chapters 16.08, 16.52, and 16.54 RCW has twenty-four (24) hours from notification t o turn the dog over t o the S CRAPS shelter for di sposal b y means of euthanasia; w illful int erference w ith the la wful d isposal of a dog pu rsuant t o t his s ection i s a misdemeanor. 5.04.130 Penalties (1) The m aximum penalty for the vi olation of any p rovision of t his chapter constituting an infraction other than section 5.04.030 relating to failure to obtain animal licenses shall be the amount established unde r the Infraction Rules for C ourts of Limited Juri sdiction s ection IRLJ 6.2(b) for unscheduled infractions as it now exists or i s hereafter amended for the first infraction and the same amount plus twenty-five dollars for the second infraction committed within a twelve-month period. In addition, the court may impose any applicable statutory assessments. (2) Any person, in addition to any other penalties provided by this chapter, found in violation of any provisions or any amendments thereto which are designated as misdemeanors shall be punished SCC 5.04 25 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE by a fine of not more than one thousand dollars or by imprisonment in the county jail for not more than ninety (90) days or by both such fine and imprisonment; or if designated as a gross misdemeanor shall be punished by a fine of not more than five thousand dollars ($5,000,00) or by imprisonment in the county jail for not more than 365 days, or by both such fine and imprisonment. (3) The penalties for violation of section 5.04.030 other than section 5.04.030{4 shall be two hundred dollars ($200.00) per violation. Provided, however, the district court judges by local court rule or general order may allow for a reduction in said sum by way of mitigation or where a license is obtained or renewed within ten calendar days of the issuance of an infraction. 5.04.131 Violation as constituting a public nuisance. In addition to the foregoing remedies, the repeat violation of any provisions of this chapter after official notice of the violation s hall constitute a public nui sance and may be abated i n any manner authorized by RCW Chapters 7.48 and 9.66. 5.04.140 Fee Setting Authority. SCRAPS' is granted the authority to set a schedule of fees not otherwise established reasonably related to fulfilling its responsibilities under this chapter. This shall be construed consistently with all local Spokane County district court rules and general orders on the subject involving the failure t o license dogs or cats as set forth in sections 5.04.030 and 5.04.031 hereof. Fee schedules shall be posted at the SCRAPS shelter and on the SCRAPS Spokane County web site. 5.04.150 Duty When Striking Domestic Animal with Motor Vehicle. Any person who, while operating a motor vehicle, strikes a domestic animal in Spokane County shall stop at once, render reasonable assistance, and shall immediately report such injury or death to the ani mal's owner. In the event the owner o f s aid animal cannot b e ascertained and 1 ocated, such person shall at once report the accident to the SCRAPS or other law enforcement agency with authority in t he j urisdiction. T his s ection s hall i n no w ay be construed a s requiring the p erson striking the animal with a motor vehicle t o be financially responsible for any i njury or death of the animal. A person who willfully violates this section shall be guilty of a misdemeanor. 5.04.160 Animal Bites to be Reported. Every animal which bites a person shall be promptly reported to SCRAPS and shall thereupon be securely quarantined at the di rection of S CRAPS for a period of ten days. A t the di scretion of SCRAPS, such quarantine may b e on t he premises of the owner or keeper, at the Spokane C ounty Animal S helter, or a t t he ow ner's or ke eper's o ption a nd e xpense, i n a ve ternary hos pital of t he owner's or keeper's choice. In the cases of animals whose ownership is not known, such quarantine shall be at the Spokane County Animal Shelter or a veterinary hospital. If the animal is quarantined at Spokane C ounty Animal S helter t he o wner or keeper o f t he ani mal s hall be ch arged ten-dollars ($10.00)for each twenty-four(24) hour period or portion thereof. Any owner or keeper of an animal who knowingly violates this section shall be guilty of a misdemeanor. 5.04.170 Spaying and neutering Services. (1) Four dollars ($4.00) of every dog and cat license shall be set aside each year to be used y for the purpose o f i mplementing a spaying and neutering program of 1 icensed dogs and cats residing within the unincorporated areas of Spokane County and any jurisdictions under contract for SCRAPS s ervices t hat have adopt ed this cha pter b y r eference. T he Director s hall de velop and maintain a s paying and neutering program which shall determine the requirements for eligibility to SCC 5.04 2 6 Effective 1-1-2010 EXCERPT FROM SPOKANE COUNTY CODE participate in the program; and may utilize excess funds for SCRAPS projects/programs/services that are deemed to benefit the people and animals of the community. (2) Spaying and neutering of licensed dogs and cats under this section shall be voluntary with the animal's owner or keeper. 5.04.900 Severability. If any por tion of t his c hapter i s he ld i nvalid, i ti s the i ntent of t he boa rd of c ounty commissioners that such part shall be deemed severable and the invalidity thereof shall not affect the remaining parts of this chapter. 5.04.910 Effective Date--Preservation of Existing Cases. Resolution No. 7 0971 shall take effect on January 1, 240-g 2010 at 12.01 a.m. All cases filed and offenses committed prior to the effective date of this resolution are deemed preserved in accordance with section 10.01.040 RCW, and shall be governed by chapter 5.04 as it existed prior to January 1, 24082010. SCC 5.04 27 Effective 1-1-2010 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 19, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: False Alarms GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: See September 15, 2009 Request for Council Action attached form explaining background of the proposal to enter into a contract with public Safety Corporation. BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Police Chief Rick VanLeuven, and Deputy City Attorney Driskell ATTACHMENTS: Previous documentation related to proposal and contract. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date September 15, 2009 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑old business ❑ new business ❑ public hearing ❑ information Eadmin, report ❑ pending legislation AGENDA ITEM TITLE : False Alarm Administer Contract/RFP GOVERNING LEGISLATION: Chapter 7.20 Alarm Systems (Revised) PREVIOUS COUNCIL ACTION TAKEN: Council directed staff to proceed with re-drafting the alarm code provisions to allow contracting with a private company to manage false alarms, including proceeding with an RFP process. BACKGROUND: On February 10, 2009, Police Chief VanLeuven presented information to Council regarding false alarms and the City code sections governing them, explaining the pros and cons, problems with the current system and potential solutions, which he explained would be more cost efficient. He discussed contracting with a private company to handle false alarm responses, registration, fines, and the collection of fines. As an example, the Chief discussed the company the City of Spokane contracts with called Public Safety Corp. / "CryWolf." He described the process as it would be handled by a private company. Outsourcing would be anticipated to remove the courts from the equation, thus saving court time, clerical time, and taxpayer dollars. The objective would be to reduce the number of false alarms, free up officers' time to deal with other services, and un-clog the court. City staff recently determined that rather than piggyback on the contract the City of Spokane has with the Public Safety Corp. / "CryWolf," it would need to enter into a competitive process open to all qualified contractors providing such services. Additionally, staff was directed to proceed with crafting a new alarm code modeled closely to Spokane's. The RFP process has taken place and PCFP'CryWolf' was the only response received. This will necessitate a change of the City's false alarm ordinance, which is being handled as a separate action item. OPTIONS: RECOMMENDED ACTION OR MOTION: Place on a regular meeting agenda for motion consideration. BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Rick VanLeuven, Chief of Police Cary Driskell, Deputy City Attorney ATTACHMENTS: Memorandum on status of False Alarm RFP. • TO: City Manager Dave Mercier ' FROM: Chief Rick VanLeuven RE: False Alarms RFP/Contract DATE: September 9, 2009 The RFP went out on July 17, 2009. We received one response, from Public Safety Corp. (PCF)/"CryWolf." Proceeding with contracting out this service makes sense both financially and to provide a higher level of customer service. •:• Ten years experience implementing false alarm reduction in programs for 170 clients, including 3 Washington agencies. •:• CryWolf technology is used to track alarm system permits, bill, and collect alarm registration and false alarm fees, and administer alarm awareness classes throughout the City of Spokane Valley. •:• Already successfully interfaced with the Spokane County Northrop Grumman CAD system. ❖ CryWolf offers a wide variety of on-line access, available to the citizen, City of Spokane Valley, and Spokane Valley Police including public on-line tutorials on how to reduce false alarms. 4. . Comprehensive Public Awareness Campaign -- CryWolf will work with the City of Spokane Valley to design and implement a comprehensive public information campaign to ensure the highest degree of compliance and public support. • The initial data on alarm registrations can be obtained directly from Alarm Monitoring companies. ❖ Direct deposits to local banks of our choice. ❖ Daily reports available to City of Spokane Valley, Spokane Valley Police Department, and citizens. + Annual registration fees for residential are $25 and commercial are $35. Through this registration process, PCS collects valuable business and residential contact information, which provides the necessary data for law enforcement to give efficient service. •:• In 2008, the City of Spokane Valley had 269 residential alarms and 685 business alarms plus 101 school alarms. If we would have used PSC in 2008 at Spokane Police Department's rate of$85 (residential) and $165 (commercial), the cost recovered for the City of Spokane Valley would be approximately $152,555. With PCS receiving 25% ($38,138.75), the net recovered would have been $114,416.25. The net amount recovered in 2008 under the current system was $14,816.81, a difference of$99,599.44. This does not include approximately $30,000 per year that would be collected in registration fees. . CryWolf clients have benefitted from false alarm reductions of 40%, 50%, 60% and more. In 2008, we received approximately 1055 false alarm calls with each call averaging 30 minutes, for a total of 527.5 hours. At a 50% reduction, for 2008, it would have resulted in 263.75 hours that could be redirected to other police issues. As shown in the following table, in two years, significant progress was achieved by the City of Spokane: City of Spokane, WA(pop. 210,000) Metrics Before Cry Wolf After CryWolf Number of False Alarms 6,800 2,250 Annual False Alarm Revenue 0 $410,000 Collection Rate 0 92% PCS provides the infrastructure, resources, and large-scale systems experience necessary to operate a program that will help the City reduce false alarms, increase service levels, expand the use of innovative technologies, and increase cost recovery. • Rick VanLeuven, Police Chief • 11e City of Spokane Valley False Alarm Reduction Unit 36024 PO Box 2300 Spokane WA 99210-2300 IT WA 2003 Dear Alarm Customer, The City of Spokane Valley recently announced its adoption of a new program to help reduce false alarms in Spokane Valley,help recover the costs for responding to false alarms,and keep law enforcement resources available for addressing real calls for assistance.In response to questions we have received regarding the new false alarm prevention program,we've provided some answers below: I received a letter and an invoice from the City of Spokane Valley False Alarm Reduction Unit(FARU)that also refers to CryWolf. Is this real and if so,why are they sending me this invoice? The letter and invoice you received were sent as part of a contract between the City of Spokane Valley and Public Safety Corporation(PSC)for administration of the City's new false alarm reduction program,using PSC's patented"CryWolf'technology. You may safely pay your alarm registration to the False Alarm Reduction Unit address on the invoice. Why do I have to pay a fee to register my alarm system? The new alarm system registration fee helps recover the cost of administering the new false alarm reduction program. The registration process helps ensure your alarm company and law enforcement have accurate and up-to-date contact information for you. When an alarm is triggered,they can reach you to help determine whether an alarm is false and law enforcement response should be cancelled or sent to your alarm location. In 2008,law enforcement responded to 1055 false alarms in Spokane Valley, at an estimated cost of$44,589 diverted from real law enforcement needs. A similar alarm registration program in Spokane reduced false alarms by over 80 percent in its first two years. As a result, fewer resources were diverted for false alarms, and fees helped recover costs for responding to false alainis as well as covering costs for administering registration. Why am I sending my payment to a Spokane address rather than Spokane Valley City Hall? The City has contracted with Sterling Savings Bank for a secure lock box to receive all False Alarm Reduction Unit alarm registration payments. The Post Office box is located at the bank's main branch in Spokane. If I don't register my alarm,does that mean the Spokane Valley Police Department won't respond if my alarm is triggered? Police response to private alarm activations in Spokane Valley is a privilege. At this time,the Spokane Valley Police Department will continue responding to ALL dispatched alarm calls. If the Police respond and your alaini system is not registered,you will receive a notice by mail reminding you to register your alarm system. To avoid any late fees or suspensions due to repetitive false alarms,we ask that you register your alauu system in a timely manner. I'm on a limited income; do you offer discounted registration fees? A fee discount is available to those who are eligible. To be eligible,you must have a personal annual income below$19,100 or a total household income below$21,850,or you must be substantially disabled. If you believe you may qualify for the discounted registration,please contact the toll-free number at(877) 314-1891. If you have any questions about registering your alarm system,please contact the toll-free registration infoiuiation number at (877)314-1891. You may also register online by logging onto the City website at www.spokanevallev.org by selecting the Police link,or by logging onto the PSC Cry Wolf registration website for Spokane Valley at https://www.crywolf.us/spokanevalley. Thank you for your time and cooperation in helping reduce false alarms in Spokane Valley. 0LIC Rick VanLeuven, Police Chief Va City of Spokane Valley False Alarm Reduction Unit 36024 PO Box 2300 Spokane WA 99210-2300 WA 2003 MAILING NAME ALARMED NAME 123 MAILING ADDRESS 123 MAIN AVE MAILING CITY, ST 99999 ANYTOWN, MM 12345 Dear Alarm Customer, The City of Spokane Valley recently announced its adoption of a new program to help reduce false alarms in Spokane Valley,help recover the costs for responding to false alarms, and keep law enforcement resources available for addressing real calls for assistance. In response to questions we have received regarding the new false alarm prevention program,we've provided some answers below: I received a letter and an invoice from the City of Spokane Valley False Alarm Reduction Unit (FARU) that also refers to CryWolf. Is this real and if so,why are they sending me this invoice? The letter and invoice you received were sent as part of a contract between the City of Spokane Valley and Public Safety Corporation (PSC)for administration of the City's new false alarm reduction program, using PSC's patented "CryWolf' technology. You may safely pay your alarm registration to the False Alaun Reduction Unit address on the invoice. Why do I have to pay a fee to register my alarm system? The new alaiui system registration fee helps recover the cost of administering the new false alarm reduction program. The registration process helps ensure your alarm company and law enforcement have accurate and up-to-date contact information for you. When an alarm is triggered, they can reach you to help determine whether an alarm is false and law enforcement response should be cancelled or sent to your alarm location. In 2008, law enforcement responded to 1055 false alarms in Spokane Valley, at an estimated cost of$44,589 diverted from real law enforcement needs. A similar alarm registration program in Spokane reduced false alarms by over 80 percent in its first two years. As a result, fewer resources were diverted for false alarms, and fees helped recover costs for responding to false alarms as well as covering costs for administering registration. Why am I sending my payment to a Spokane address rather than Spokane Valley City Hall? The City has contracted with Sterling Savings Bank for a secure lock box to receive all False Alarm Reduction Unit alarm registration payments. The Post Office box is located at the bank's main branch in Spokane. If I don't register my alarm, does that mean the Spokane Valley Police Department won't respond if my alarm is triggered? Police response to private alaun activations in Spokane Valley is a privilege. At this time,the Spokane Valley Police Department will continue responding to ALL dispatched alarm calls. If the Police respond and your alarm system is not registered,you will receive a notice by mail reminding you to register your alarm system. To avoid any late fees or suspensions due to repetitive false alarms, we ask that you register your alarm system in a timely manner. I'm on a limited income; do you offer discounted registration fees? A fee discount is available to those who are eligible. To be eligible, you must have a personal annual income below $19,100 or a total household income below $21,850, or you must be substantially disabled. If you believe you may qualify for the discounted registration,please contact the toll-free number at(877)314- 1891. If you have any questions about registering your alarm system, please contact the toll-free registration information number at (877) 314-1891. You may also register online by logging onto the City website at www.spokanevalley.org by selecting the Police link,or by logging onto the PSC CryWolf registration website for Spokane Valley at https://www.crywolf.us/spokanevalley. Thank you for your time and cooperation in helping reduce false alarms in Spokane Valley. AGREEMENT FOR PROFESSIONAL SERVICES Public Safety Corporation/Cry Wolf THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington, hereinafter"City"and Public Safety Corporation/CryWolf, hereinafter"Consultant,"jointly referred to as"parties." IN CONSIDERATION of the terms and conditions contained herein the parties agree as follows: I. Work to Be Performed. The Consultant will provide all labor, services and material to satisfactorily complete services identified in the Request for Proposals to Administer Security Alarm Program, attached as Exhibit 1,and more specifically identified in the Response to Request for Proposals to Administer Security Alarm Program, attached incorporated herein as Exhibit 2. A. Administration. The Police Chief or designee shall administer and be the primary contact for Consultant. Upon notice from the Police Chief or designee, Consultant shall commence work, perform the requested tasks in the Scope of Work, stop work and promptly cure any failure in performance under this agreement. B. Representations. The City has relied upon the qualifications of the Consultant in entering into this agreement. By execution of this agreement, Consultant represents it possesses the ability, skill and resources necessary to perform the work and is familiar with all current laws, rules and regulations which reasonably relate to the Scope of Work. No substitutions of agreed upon personnel shall be made without the written consent of the City. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City furnished information. C. Modifications. The City may modify this agreement and order changes in the work whenever necessary or advisable. The Consultant will accept modifications when ordered in writing by the City Manager or designee. Compensation for such modifications or changes shall be as mutually agreed between the parties. The Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by the City without additional compensation. 2. Term of Contract. This agreement shall be in full force and effect on or about January 1, 2010, and end on December 31, 2012. The contract may be extended for up to three additional one-year contract periods,subject to mutual agreement,with the total contract period not to exceed six years. The City shall notify the Consultant of its intent to exercise an extension option in writing,no later than 60 days prior to the termination date of the initial contract term, or any extension year. Either party may terminate this agreement by thirty days written notice to the other party. In the event of such termination, the City shall pay the Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. The City agrees to,pay the Consultant as set forth in Cost Proposal,Exhibit 2, as full compensation for everything done under this agreement. Agreement for Professional Services Page I of 5 4. Payment. The Consultant shall be paid monthly upon presentation of an invoice to the City. Applications for payment shall be sent to the City Clerk at the below stated address. The City reserves the right to withhold payment under this agreement which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Work, City Standards, City ordinances and federal or state standards. 5. Notice. Notice shall be given in writing as follows: TO THE CITY: TO THE CONSULTANT: Name: Christine Bainbridge, City Clerk Name: Chuck Inderrieden, Finance Director Phone Number: (509)92I-1000 Phone Number: (240)607- 1482 Address: 11707 East Sprague Ave, Suite 106 Address: 103 Paul Mellon Court Spokane Valley, WA 99206 Waldorf, MD 20602 6. Applicable Laws and Standards. The parties,in the performance of this agreement,agree to comply with all applicable Federal, State, local laws, ordinances, and regulations. 7. Relationship of the Parties. It is understood,agreed and declared that the Consultant shall be an independent Consultant and not the agent or employee of the City, that the City is interested in only the results to be achieved, and that the right to control the particular manner, method and means in which the services are performed is solely within the discretion of the Consultant. Any and all employees who provide services to the City under this agreement shall be deemed employees solely of the Consultant.The Consultant shall be solely responsible for the conduct and actions of all its employees under this agreement and any liability that may attach thereto. 8. Ownership of Documents. All drawings,plans,specifications,and other related documents prepared by the Consultant under this agreement are and shall be the property of the City,and may be subject to disclosure pursuant to RCW 42.56 or other applicable public record laws. 9. Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of the Consultant's records with respect to all matters covered in this contract. Such representatives shall be permitted to audit,examine and make excerpts or transcripts from such records and to make audits of all contracts, invoices,materials,payrolls and record of matters covered by this contract for a period of three years from the date final payment is made hereunder. 10. Insurance. The Consultant shall procure and maintain for the duration of the agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. No Limitation. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance,or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: Agreement for Professional Services Page 2 of 5 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office(ISO)form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance 1 imits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions.The insurance policies are to contain,or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. Cancellation of Consultant's insurance shall be governed by either: a.the policy shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty days prior written notice by certified mail, return receipt requested, has been given to the City,or b. the Consultant shall provide at least 30 days prior written notice by certified mail, return receipt requested of a cancellation. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement for Professional Services Page 3 of 5 contract,the Consultant shall furnish acceptable insurance certificates to the City at the time the Consultant returns the signed contract. The certificate shall specify all of the parties who are additional insureds,and will include applicable policy endorsements,and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self- insurance. 1 1. Indemnification and Hold Harmless. The Consultant shall defend,indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees,arising out of or in connection with the performance of this agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then,in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City,its officers,officials,employees, and volunteers,the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial insurance,Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of the agreement. 12. Waiver. No officer,employee,agent or other individual acting on behalf of either party has the power,right or authority to waive any of the conditions or provisions of this agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this agreement or by law,shall be taken and construed as cumulative,and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shalt it affect the validity of this agreement or any part thereof. 13. Assignment and Delegation. Neither party shall assign,transfer or delegate any or all of the responsibilities of this agreement or the benefits received hereunder without first obtaining the written consent of the other party. 14. Subcontracts. Except as otherwise provided herein, the Consultant shall not enter into subcontracts for any of the work contemplated under this agreement without obtaining prior written approval of the City. 15. Confidentiality. Consultant may,from time to time,receive information which is deemed by the City to be confidential. Consultant shall not disclose such information without the express written consent of the City or upon order of a Court of competent jurisdiction. 16. Jurisdiction and Venue. This agreement is entered into in Spokane County, Washington. Venue shall be in Spokane County, State of Washington. 17. Cost and Attorney's Fees. In the event a lawsuit is brought with respect to this agreement, the prevailing party shall be awarded its costs and attorney's fees in the amount to be determined by the Court as reasonable. Unless provided otherwise by statute,Consultant's attorney fees payable by the City shall not exceed the total sum amount paid under this agreement. Agreement for Professional Services Page 4 of 5 18. Entire Agreement. This written agreement constitutes the entire and complete agreement between the parties and supercedes any prior oral or written agreements. This agreement may not be changed, modified or altered except in writing signed by the parties hereto. 19. Anti-kickback. No officer or employee of the City,having the power or duty to perform an official act or action related to this agreement shall have or acquire any interest in this agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from any person with an interest in this agreement. 20. Business Registration. Prior to commencement of work under this agreement,Consultant shall register with the City as a business. 21. Severabilitr. If any section,sentence,clause or phrase of this agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section,sentence, clause or phrase of this agreement. 22. Exhibits. Exhibits attached and incorporated into this agreement are: I. Request for Proposals to Administer Security Alarm Program 2. Response to Request for Proposals to Administer Security Alarm Program from CryWolf 3. Cost proposal 4. Insurance Certificates TNES WHEREOF,the parties have executed this agreement this ,�*---day of ,2009. CITY OF SPOKANE VALLEY: Consultant: PUBLIC SA ETY CORPORATION David Mercier, City Manager Les Greenberg, I ief Executiv. • 'icer Tax ID No. 52-2188829 ATTE •: APPROVED AS TO FORM: p � � Christine Bainbridge, City Clerk i Office the City A orney Agreement for Professional Services Page 5 of 5 CITY OF SPOKANE VALLEY REQUEST FOR PROPOSALS "CONTRACT TO ADMINISTER CITY SECURITY ALARM PROGRAM" • Proposal Due Date: August 21, 2009. 1. INTRODUCTION 1.1 PURPOSE AND BACKGROUND The City of Spokane Valley is soliciting Requests for Proposals from qualified firms to administer the City's security alarm program. The police department currently responds to over 1200 alarm activations per year that are not a valid, emergency activation. This proposal will include database development and management, accounting services for annual registration fees, accounting services for cost recovery fees for false alarm activations, and correspondence with citizens and businesses. The City anticipates receiving between 1000 and 1200 alarm system registration fees annually. The City also expects to respond to 800 to 900 false alarms in the first year of this program. As it is this program's intent to minimize alarm system activations that are false, there may be a reduction of these numbers in subsequent years. Estimated activity is not intended to be a guarantee of expected minimum or maximum activity. 1.2 MINIMUM QUALIFICATIONS The Consultant must be licensed to do business in the. State of Washington. The Consultant must have at least one year experience in the administration of false alarm registration and billing. • 13 FUNDING . Any contract awarded as a result of this procurement is contingent upon the availability of funding. 1.4 PERIOD OF PERFORMANCE The period of performance of any contract resulting from this RFP is tentatively scheduled to begin on or about January 1s, 2010 and end on December 31st, 2012. Contract renewals of extensions, if any, shall be at the sole discretion of the City. The RFP to administer City security alarm.program, Spokane Valley,WA - 1 - contract may be extended for three (3) additional one-year contract periods, subject to mutual agreement, with the total contract period not to exceed five (5) years. The City shall notify the Consultant of the intent to exercise the extension option in writing, no later than 30 days prior to the termination date of the initial contract or the contract extension. 1.5 DEFINITIONS Definitions for the purposes of this RFP include: City — The City is the City of Spokane Valley, a Washington State municipal corporation,that is issuing this RFP. Consultant or Contractor — Individual or company whose proposal has been accepted by the City and is awarded a fully executed,written contract. Proposal—A formal offer submitted in response to this solicitation. Proposer-- Individual or company submitting a proposal in order to attain a contract with the City. Request for Proposals (RFP)--Formal procurement document in which a service or need is identified but no specific method to achieve it has been chosen. The purpose of an RFP is to permit the consultant community to suggest various approaches to meet the need at a given price. 2. SCOPE OF SERVICES 2.1 REQUIRED SERVICES: The Proposer must be able to provide the City with the following services for the administration of the false alarm program: • Provide an electronic database to track security alarm registrations, alarm business registrations and account receivables for false alarm billings. • Track false alarm responses and registration status (i.e. active, suspended or revoked)using this database. • Provide registration status and false alarm data available for import/export to/from the City and alarm companies in Microsoft Excel format. • Provide the City with electronic lists of new registrations and changes of registration status on a weekly basis. • Generate and mail false alarm notifications and billings. • Track account receivables, billings and balances. • Generate and mail registration status changes to individuals and businesses. RFP to administer City security alarm program, Spokane Valley, WA -2 - • Ensure that only those alarm systems located within the City are being registered and billed for false alarms. -- • Provide a toll-free phone number to assist citizens and businesses and answer questions as to the administration and billing of this program. 2.2 DESIRED SERVICES: • Provide the City with lists of new registrations and suspensions on a daily basis. • Provide secure database access via the Internet for the City. • Provide limited access via the Internet for Alarm Businesses for alarm registrations and registration status. • Provide ability to register security alarm systems and business alarms systems via the Internet. • Develop written educational materials for citizens and businesses. 2.3 OPTIONAL SERVICES: • Develop and conduct false alarm prevention classes. • Support the billing/suspension/revocation appeals process. • Other services specified by the Proposer. These services must include a brief description and estimated costs. 3. GENERAL INFORMATION 3.1 RFP COORDINATOR The RFP Coordinator is the sole point of contact in the City for this procurement. All communication between the Consultant and the City upon receipt of this RFP shall be with the RFP Coordinator, as follows: Name Steve Jones/Josephine Duncan—SVPD Address 12710 E Sprague Ave City, State,Zip Code Spokane Valley, WA 99216-0728 Phone Number 509-477-3300 Fax Number 509-477-3359 E-Mail Address spokanevalleypolice @spokanecounty.org Any other communication will be considered unofficial and non-binding on the City. Consultants are to rely on written statements issued by the RFP Coordinator. Communication directed to parties other than the RFP Coordinator may result in disqualification of the Consultant. 3.2 ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES RFP to administer City security alarm program, Spokane Valley, WA - 3 - Issue Request for Proposals July 17, 2009 Question and answer period 30 days Pre-Proposal conference(if applicable) N/A ' Issue addendum to RFP (if applicable) Last date for questions regarding RFP (optional) Proposals due August 21,2009 Evaluate proposals Approximately 15 days Negotiate contract Approximately 30 days City Council approval of contract October 13,2009 Begin contract work January 1,2010 The City reserves the right to revise the above schedule. 3.3 SUBMISSION OF PROPOSALS A. Preparation of Proposals All Proposals shall be typed or printed in ink, with the document furnished by the Purchaser included and signed by an authorized person of Proposer's firm. If errors are made, they may be crossed out. Corrections shall be printed in ink or typewritten adjacent and initialed in ink by the person signing the Proposal. IF THE PROPOSALS CONTAIN ANY OMISSION,ERASURES, ALTERATIONS, ADDITIONS, OR ITEMS NOT CALLED FOR IN THE PROPOSAL, OR CONTAIN IRREGULARITIES OF ANY KIND, IT MAY CONSTITUTE SUFFICIENT CAUSE FOR REJECTION. B. Preparation of Envelopes Place each copy of the Proposal in a separate sealed envelope. On the front of each envelope, clearly note if it contains the original or a copy and place the following information: "SEALED PROPOSAL-IMPORTANT" PROJECT NAME DUE DATE AND TIME COMPANY NAP. MAILING ADDRESS C. Submission of Proposals Submit original Proposal and Four(4) copies to: Spokane Valley City Hall-Front Reception area 11707 East Sprague Avenue, Suite 106 Spokane Valley, WA 99206 NOTE: Proposals will not be accepted by fax or email RFP to administer City security alarm program, Spokane Valley, WA -4 - The City is not responsible for Proposals delivered late. It is the responsibility of the Proposer to be sure the Proposals are sent sufficiently ahead of time to be received no later than 1:00 PM on August 21,2009. 3.4 PROPRIETARY INFORMATION I PUBLIC DISCLOSURE Materials submitted in response to this competitive procurement shall become the property of the City. All received proposals shall be deemed public records as defined in RCW 42.56, "Public Records", and may be subject to disclosure under those statutory provisions. Any information in the proposal that the Consultant desires to claim as proprietary and exempt from disclosure under the provisions of state law shall be clearly designated. Each page claimed to be exempt from disclosure must be clearly identified by the word "Confidential" printed on it. Marking the entire proposal exempt from disclosure will not be honored. The City will consider a Proposer's request for exemption from disclosure; however, the City will make a decision predicated upon state law and regulations. If any information is marked as proprietary in the proposal, it will not be made available until the affected Proposer has been given a reasonable opportunity to seek a court injunction against the requested disclosure. All requests for information should be directed to the RFP Coordinator. 3.5 REVISIONS TO'IRE RFP In the event it becomes necessary to revise any part of this RFP, addenda will be provided to all who receive the RFP. The City also reserves the right to cancel or to reissue the RFP in whole or in part, • prior to final award of a contract. 3.6 ACCEPTANCE PERIOD Proposals must provide 60 days for acceptance by the City from the due date for receipt of proposals. 3.7 RESPONSIVENESS All proposals will be reviewed by the RFP Coordinator to determine compliance with administrative requirements and instructions specified in this RFP. The Proposer is specifically notified that failure to comply with any part of the RFP may result in rejection of the proposal as non-responsive. RFP to administer City security alarm program, Spokane Valley, WA -.5 - The City also reserves the right,however, at its sole discretion to waive minor administrative irregularities. 3.8 MOST FAVORABLE TERMS The City reserves the right to make an award without further discussion of the proposal submitted. Therefore,the proposal should be submitted initially on the most favorable terms which the Consultant can propose. There will be no best and final offer procedure. The City does reserve the right to contact a Proposer for clarification of its proposal. The Proposer should be prepared to accept this RFP for incorporation into a contract resulting from this RFP. Contract negotiations may incorporate some or all of the proposal. 3.9 COSTS TO PROPOSE • The City will not be liable for any costs incurred by the Proposer in preparation of a proposal submitted in response to this RFP, in conduct of a presentation, or any other activities related to responding to this RFP. 3.10 NO OBLIGATION TO CONTRACT This RFP does not obligate the City to contract for services specified herein. 3.11 REJECTION OF PROPOSALS The City reserves the right at its sole discretion to reject any and all proposals received without penalty and to not issue a contract as a result of this RFP. 4. PROPOSAL CONTENTS 4.1 PROPOSAL ORDER Proposals shall be submitted on eight and one-half by eleven(8 1/2 x 11) inch paper with tabs separating the major sections of the proposal. The four major sections of the proposal are to be submitted in the order noted below: 1. Letter of Submittal. 2. Technical Proposal. 3.Management Proposal. 4. Cost Proposal. Proposals shall provide information in the same order as presented in this document with the same headings. This will not only be helpful to the evaluators of the proposal,but should assist the Proposer in preparing a thorough response. RFP to administer City security alarm program, Spokane Valley, WA - 6 - 4.2 LETTER OF SUBMITTAL The Letter of Submittal shall be signed and dated by a person authorized to legally bind the Consultant to a contractual relationship, e.g.,the President or Executive Director if a corporation,the managing partner if a partnership, or the proprietor if a sole proprietorship. Along with introductory remarks,the Letter of Submittal is to include the following information about the Consultant and any proposed subcontractors: A. Name, address, principal place of business, telephone number, and fax number/e-mail address of legal entity or individual with whom contract would be written. B. Legal status of the Consultant(sole proprietorship, partnership, corporation, etc.) and the year the entity was organized to do business as the entity now substantially exists. C. Federal Employer Tax Identification number or Social Security number. D. Location of the facility from which the Consultant would operate. - 4.3 TECHNICAL PROPOSAL The Technical Proposal shall contain a comprehensive description of services including the following elements: A. Project Approach/Methodology—Include a complete description of the Consultant's proposed approach and methodology for the project. This section should convey Consultant's understanding of the proposed project. B. Work Plan—Include all project requirements and the proposed tasks, services, activities, etc. necessary to accomplish the scope of the project defined in this RFP. This section of the technical proposal shall contain sufficient detail to convey to members of the evaluation team the Consultant's knowledge of the subjects and skills necessary to successfully complete the project. Include any required involvement of City staff. The Consultant may also present any creative approaches that might be appropriate and may provide any pertinent supporting documentation. C. Project Schedule—Include a project schedule indicating when the elements of the work will be completed and when deliverables, if any,will be provided. D. Deliverables—Fully describe deliverables to be submitted under the proposed contract. RFP to administer City security alarm program, Spokane Valley,WA - 7 - 4.4 MANAGEMENT PROPOSAL A. Project Management 1. Project Team Structure/Internal Controls - Provide a description of the proposed project team structure and internal controls to be used during the course of the project, including any subcontractors. Provide an organizational chart of your firm indicating lines of authority for personnel involved in performance of this potential contract and relationships of this staff to other programs or functions of the firm. This chart must also show lines of authority to the next senior level of management. Include who within the firm will have prime responsibility and final authority for the work. 2. Staff Qualifications I Experience—Identify staff,including subcontractors, who will be assigned to the potential contract,indicating the responsibilities and qualifications of such personnel, and include the amount of time each will be assigned to the project. Provide resumes' (not to exceed two pages per person) for the named staff, which include information on the individual's particular skills related to this project, education, experience, significant accomplishments and any other pertinent information. The Consultant shall commit that staff identified in its proposal will actually perform the assigned work. Any staff substitution must have the prior approval of the City. B. Experience of the Consultant 1. Indicate the experience the Consultant and any subcontractors have in the following areas: • Liaison with alarm companies. • Installation or service of alarm systems. • Testifying in court. • Successful presentations to City Councils. • Establishment and/or design of alarm registration programs. • Establishment and/or design of false alarm billing programs. • Current number of active alarm billing programs being administered. 2. Indicate other relevant experience that indicates the qualifications of the Consultant, and any subcontractors, for the performance of the potential contract. 3. Include a list of contracts the Consultant has had during the last five years that relate to the Consultant's ability to perform the services needed under this RFP. List contract- reference numbers, contract period of performance, contact persons,telephone numbers, and fax numbers/e-mail addresses. RFP to administer City security alarm program, Spokane Valley,WA - 8 - C. References List names, addresses, telephone numbers, and fax numbers/e-mail addresses of at least three business references for whom work has been accomplished and briefly describe the type of service provided. The Consultant shall grant permission to the City to contact the references. Do not include current City staff as references. D. Related Information 1. If the Consultant has had a contract terminated for default in the last five years, describe such incident. Termination for default is defined as notice to stop performance due to the Consultant's . non-performance or poor performance and the issue of performance was either (a) not litigated due to inaction on the part of the Proposer, or (b) litigated and such litigation determined that the Proposer was in default. 2. Submit full details of the terms for default including the other parry's name, address, and phone number. Present the Consultant's position on the matter. The City will evaluate the facts and may, at its sole discretion, reject the proposal on the grounds of the past experience. If no such termination for default has been experienced by the Consultant in the past five years, so indicate. 43 COST PROPOSAL A. Costing Methods The City is interested in reviewing a variety of costing methods for the defined services. Revenue sharing, cost per transaction, and a flat fee for all services are possible options that the City will consider. Proposers are required to offer at least one costing option, with those submitting more than one costing option presumed to increase the overall appeal of a proposal. B. Identification of Costs Identify all fees/costs including expenses to be charged for performing the services necessary to accomplish the objectives of the contract. Submit a fully detailed budget including staff costs and any expenses necessary to accomplish the tasks and to produce the deliverables under the contract. Consultants are required to collect and pay Washington state sales tax, if applicable. Costs.for subcontractors are to be broken out separately. RFP to administer City security alarm program,.Spokane Valley, WA -9 - C. Computation The City reserves the right to evaluate all proposals based on overall efficacy, ease of administration, and ease of costing/billing methods defined by the Proposer. This may result in choosing a Proposer that did not define the lowest possible overall cost(s)for providing these services. 5. EVALUATION AND CONTRACT AWARD 5.1 EVALUATION PROCEDURE Responsive proposals will be evaluated in accordance with the requirements stated in this solicitation and any addenda issued. Evaluation of proposals shall be accomplished by an evaluation team,to be designated by the City,which will determine the ranking of the proposals. The City, at its sole discretion,may elect to select the top-scoring firms as finalists for an oral presentation. 5.2 EVALUATION WEIGHTING AND SCORING The following weighting and points will be assigned to the proposal for evaluation purposes: Technical Proposal—35% 70 points Project Approach/Methodology 15 points (maximum) Quality of Work Plan 35 points (maximum) Project Schedule 10 points (maximum) Project Deliverables 10 points (maximum) Management Proposal -30% 60 points Project Team Structure/ Internal Controls 15 points (maximum) Staff Qualifications/Experience 15 points (maximum) Experience of the Consultant 30 points (maximum) Cost Proposal—35% 70 points GRAND TOTAL FOR WRITTEN PROPOSAL 200 POINTS 5.3 ORAL PRESENTATIONS MAY BE REQUIRED r Written submittals and oral presentations, if considered necessary,will be utilized in selecting the winning proposal. The City, at its sole discretion,may elect to select the • RFP to administer City security alarm program, Spokane Valley,WA - 10 - top scoring finalists from the written evaluation for an oral presentation and final determination of contract award. Should the City elect to hold oral presentations,it will contact the top-scoring firm(s)to schedule a date,time and location. Commitments made by the Consultant at the oral interview, if any,will be considered binding. The score from the oral presentation will be considered independently and will determine the apparently successful Proposer. 5A NOTIFICATION TO PROPOSERS Finns whose proposals have not been selected for award will be notified via FAX or by e-mail. 5.5 PROTEST PROCEDURE Following evaluation, a recommendation for award shall be submitted to the City Council. Award of contract, if made, shall be by the City Council in open meeting. Proposers wishing to protest the award of the contract must make their protests before the City Council at the award hearing. 6. CONTRACT TERMS 6.1 CITY OF SPOKANE VALLEY BUSINESS REGISTRATION Persons / firms doing business in the City or with the City must have a valid City of Spokane Valley business registration. Questions may be directed to the business registration office at(509) 921-1000. 6.2 .ANTI-KICKBACK No officer or employee of the City of Spokane Valley, having the power or duty to perform an official act or action related to this contract shall have or acquire any interest in the contract, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from or to any person involved in the contract. 6.3 NONDISCR]MINATION No individual shall be excluded from participation in, denied the benefit of, subjected to discrimination under, or denied employment in the administration of or in connection with this contract pursuant to all applicable federal, state and local nondiscrimination laws, regulations and policies. 6A INDEMNIFICATION/HOLD HARMLESS The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees; arising out of or in connection with the performance • RFP to administer City security alarm program, Spokane Valley, WA - 11 - of this agreement, except for injuries and damages caused by the sole negligence of — the City. Should a court of competent jurisdiction determine that this agreement is subject to RCW 424.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of the agreement. 6.5 INSURANCE COVERAGE The Consultant shall procure and maintain for the duration of the agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant,their agents, representatives,employees or subcontractors. No Limitation. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned,hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) from CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury,and liability assumed under an insured.contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured RFP to administer City security alarm program, Spokane Valley, WA - 12 - endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CO 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Compensation coverage,as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less that $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and sba]l not contribute with it. 2. Cancellation of Consultant's insurance shall be governed by either: a. the policy shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty days prior written notice by certified mail, return receipt requested,has been given to the City, or b. the Consultant shall provide at least 30 days prior written notice by certified mail,return receipt requested of a cancellation. I). Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Evidence of Coverage As evidence of the insurance coverages required by this contract, the Consultant shall furnish acceptable insurance certificates to the City at the time the Consultant returns the signed contract. The certificate shall specify all of the parties who are RFP to administer City security alarm program, Spokane Valley, WA - 13 - • additional insureds, and will include applicable policy endorsements, and the { deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance. • RFP to administer City security alarm program, Spokane Valley,WA - 14 - ' . . • • . • . . • . - , . • , . • . . • . . . . . ' . .. . . . • • .• . - • ,. . . . 1 _ • - • ' • . • . • • . .. 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'•F 1......7•":..:. •..:.':' 1.: S''''' ...•'..... ./., 'if: ...7 . -...;r. ;Z •fg:::.. - ': . n. L'• . • 1 - ---, '.-1--=--'-'......,•...•In •;..":- ....• ....";-... 2:F;.- ..•6:0• 46'•••' .. •■.7.• • ..eSIX • .1 ' . • •• • CONTRACT TO ADMINISTER • • CITY SECURITY ALARM PROGRAM , . . . . • • • • • • • •• • • . • . . . . • PREPARED FOR: . ,.• . . - City of Spokane Valley, WA .:. • . . • . . , • . . • • . . . •!,. • . , .. - . . . • . , August 21, 2009 . . • , i . .1 . . • . ; . • • i . . • • . ■.-. City of Spokane Valley,WA Section D Contract to Administer City Security Alarm Cost Proposal Program 4. Cost Proposal Public Safety Corporation (PSC) has a long and successful track record of helping cities and counties increase their service levels, reduce false alarms and increase revenue collections on a risk free,"self- funded" basis. The following sections describe our proposed fee structure to provide False Alarm Administration Services to the City of Spokane Valley. 4.A Proposed Costing Method The RFP mandates that proposing firms derive their fees exclusively from the false alarm revenue received and requests at least one bid on a "Revenue Sharing" basis. Pricing Method Based on our analysis of the potential Spokane Valley Security Alarm Program revenue using a new fee structure similar to the City of Spokane, and projected Program costs, we propose a single, 100% revenue sharing approach. In order to provide a simple method to administer, PSC proposes to be compensated for its services by receiving twenty-five ( 25%) percent of the registration and false alarm- related fees,fines and penalties collected on behalf of the Spokane Valley Security Alarm Program. This percentage is based on several assumptions: • The Ordinance fee/fine schedules remain in substantially the same form as currently proposed in the Spokane Valley Ordinance No.03-070 previously provided to PSC; • The City applies a fair, but firm approach to appeals resulting in alarm fines being generally upheld on appeal; • The City actively supports enforcement of the Ordinance, including the proactive collection of all fine amounts owed. 4.B Identification of Costs For the provision of all services and technology outlined in this proposal, PSC proposes to obtain payment exclusively from the collected revenues PSC helps generate.There will be no upfront systems development, licensing,conversion,equipment,travel or other costs. PSC will purchase, configure, install,and customize everything PSC needs to provide the Security Alarm Tracking and Billing Services described in this proposal. PSC proposes the following collection and payment transfer procedure which we have used successfully in many jurisdictions. All alarm fee and fine collections mailed to the Alarm Program will be directed to a commercial bank lockbox and deposited in a dedicated false alarm bank account("Alarm Account")to be established at a mutually approved Commercial Bank. Online and any walk-in payments will also be directed to a central False Alarm Reduction Account. ©2009 Public Safety Corporation 4-1 Section D City of Spokane Valley,WA Cost Proposal Cont4ract to Administer City Security Alarm Program At the beginning of each month, PSC will reconcile all amounts deposited in the alarm account during the previous month and provide the City of Spokane Valley with an invoice showing the fee calculation and supporting bank reconciliation. Only City authorized citizen and business refunds, third-party credit card processing charges(less any City authorized convenience fees),third-party collection charges (if any), and City of Spokane Valley designated-bank fees will be paid from gross program receipts before revenue sharing is calculated. Once the invoice is approved by the City, the bank would be authorized to issue transfers, e.g.ACH transfers, to the City of Spokane Valley and to PSC for the proposed revenue share amounts. 4-2 ©2009 Public Safety Corporation • AR® CERTIFICATE OF LIABILITY INSURANCE DATE/22/DD'YYYY` 9/22/2009 PRODUCER (301)934-9521 FAX: (301)934-1120 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Edward L. Sanders Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 2828 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 10 Washington Avenue La Plata MD 20646 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:Hartford Fire Insurance 19682 AOT Public Safety Corp dba INSURER B:Twin City Fire Insurance 29459 Public Safety Corporation _INSURER C: 103 Paul Mellon Court INSURER D: Waldorf I MD 20602 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OISUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRADD'L NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS L.117 POLICYNUMB TR NSRD TYPE OF INSURANCE DATE IMMIDDIYYYYI DATE IMMIDD!YYYYI GENERAL LIABILITY EACH OCCURRENCE $ 2„000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence)_ $ 300,000. A CLAIMS MADE X OCCUR 42SBATT5335 6/1/2009 6/1/2010 MED EXP(Any one person) $ 10,000 PERSONAL&ADVINJURY S 2,000,000 GENERAL AGGREGATE S 4,000,000 GEM_AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S 4,000,000 PR A !POLICY f JEC07 fl LOC AUTOMOBILE UABILRY COMBINED SINGLE LIMIT 3 1,000,000 ANY AUTO (Ea accident) A ALL OWNED AUTOS 42SBATY5335 6/1/2009 6/1/2010 BODILY INJURY S SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ (Per accident) X NON-OWNED AUTOS PROPERTY DAMAGE S (Per accident) GARAGE LABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG $ EXCESS!UMBRELLA LIABILITY EACH OCCURRENCE $ 2,000,000 X 1 OCCUR J CLAIMS MADE AGGREGATE $ S. A DEDUCTIBLE 42SBATY5335 6/1/2009 6/1/2010 S RETENTION S. S B WORKERS COMPENSATION X i STA U- I I 0TH- AND EMPLOYERS'LABILTY ER YIN EL EACH ACCIDENT $ 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE I OFFICER/MEMBER EXCLUDED? (Mandatory In NH) 42WECTB0714 6/1/2009 6/1/2010 El__DISEASE-EAEMPLOYEq$ 1,000,000 If yes,describe under E.L.DISEASE-POLICY LIMIT $ 1,000,000 SPECIAL PROVISIONS below _ OTHER • DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT!SPECIAL PROVISIONS Spokane valley City is additional insured with respect to liability for work being performed on their behalf by the named insured per form 950008 04/05. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION Spokane Valley City Hall DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 11707 East Sprague Avenue NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Suite 106 Spokane Valley, WA 99206 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE '� " 4 ( Christina Garcia/CF C'I—I RI STI NA L. C3AFt. IA ACORD 25(2009/01) 01988-2009 ACORD CORPORATION. All rights reserved. INS025(Komi) The ACORD name and logo are registered marks of ACORD A ° 9/22/2 RD® CERTIFICATE OF LIABILITY INSURANCE 9/22/2009 • PRODUCER (301)934-9521 FAX: (301)934-1120 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Edward L. Sanders Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ' P.O. Box 2828 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 10 Washington Avenue La Plata MD 20646 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:Hartford Fire Insurance 19682 AOT Public Safety Corp dba INSURERS:Twin City Fire Insurance 29459 Public Safety Corporation INSURER C: 103 Paul Mellon Court INSURER D: Waldorf ' HID 20602 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NOR TR NSRD TYPE OF INSURANCE POLICY NUMBER DATE MWDDCIYYI EFFECTIVE POLICY IMMIDCIYYYYI LIMITS , GENERAL LABILITY EACH OCCURRENCE $ 2,000,000, X COMMERCIAL GENERAL LIABILITY DAMAGE S(Es occurrence) $ ' 300,000 A CLAIMS MADE X OCCUR 42SBATY5335 6/1/2009 6/1/2010 MEDE(P(Any one person) ,$ 10,000 PERSONAL BADVINJURY $ 2,000,000 GENERAL AGGREGATE S 4,000,000_ GEM AGGREGATE LIMIT APPLESPER: PRODUCTS•COMP/OP AGO $ 4,000,000 1 POLICY Ti PEa n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,000 (Ea strident) U ANY ATO • A ALL OWNED AUTOS 42SHATY5335 6/1/2009 6/1/2010 BODILY INJURY SCHEDULED AUTOS (Per person) $ •• X HIRED AUTOS BODILY INJURY $ • X NON-OWNED AUTOS (Per accident) - PROPERTY DAMAGE $ • (Per eccldanl) . • GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO r-) . 7 EA ACC $ C' "I AUTO ONLY: AGO $ EXCESS!UMBRELLA LIABILITY EACH OCCURRENCE $ 2,000,000 OCCUR n CLAIMS MADE . AGGREGATE $ $ A DEDUCTIBLE 42SBATY5335 6/1/2009 6/1/2010 $ RETENTION $ $ H WORKERS COMPENSATION X 1 TORY L"ITS T AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE n E.L EACH ACCIDENT $ 1,000,000 • OFFICERIMEMSER EXCLUDED? (Mandatory In NH) 42WECTIC0714 6/1/2009 6/1/2010 EL-DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under EL DISEASE-POLICY LIMIT $ 1,000,000 SPECIAL PROVISIONS below _ OTHER DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES!EXCLUSIONS ADDED BY ENDORSEMENT!SPECIAL PROVISIONS Spokane Valley City is additional insured with respect to liability for work being performed on their behalf by the named insured per form SS0008 04/05. • CERTIFICATE HOLDER CANCELLATION . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Spokane Valley City Hall DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 11707 East Sprague Avenue NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Suite 106 IMPOSE NO OBLIGATION OR LABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Spokane Valley, WA 99206 I REPRESENTATIVES. AUTHORIZED REPRESENTATIVE , Christina Garcia/CF c,--rFLl sTar..e.". 1--. OA C'IA ACORD 25(2009101) [01988.2008 ACORD CORPORATION. All rights reserved. 1NS025(200901) The ACORD name and logo are registered marks of ACORD CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 19, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information X admin. report ❑ pending legislation AGENDA ITEM TITLE: Interlocal agreement with Spokane County—2010 JAG grant funds GOVERNING LEGISLATION: RCW 39.34 PREVIOUS COUNCIL ACTION TAKEN: Approval to staff to apply for 2010 Justice Assistance Grant (JAG) in Summer, 2009. Authorized staff to execute interlocal agreement with Spokane to receive funds 12-8-09. BACKGROUND: The Council previously approved for staff to apply for a 2010 Edward Byrne JAG grant in conjunction with Spokane and Spokane County. A grant was awarded, with the City of Spokane being the fiscal agent for the funds. Under the grant, the City of Spokane Valley is entitled to receive $50,367. The City executed an interlocal with the City of Spokane in December, 2009 spelling out the terms under which the funds will be administered, and the rights and obligations of the respective jurisdictions for the City of Spokane to receive the funds. This interlocal, now with Spokane County, is necessary to direct the funds to Spokane County for their intended purpose since they are our contract service provider. Spokane County will utilize the $12,500 for policing purposes consistent with the grant between now and September 30, 2012. The remainder of the funds will be utilized for other police-related services in the future. OPTIONS: Request changes to interlocal agreement; place on subsequent agenda for motion to authorize staff to execute the proposed interlocal as drafted (such motion can be on the consent agenda or as a regular action item) RECOMMENDED ACTION OR MOTION: Place on agenda for motion consideration February 9, 2010. BUDGET/FINANCIAL IMPACTS: Transfer of$12,500 in grant funds to Spokane County. STAFF CONTACT: Cary Driskell, Deputy City Attorney; Rick VanLeuven, Police Chief ATTACHMENTS: Proposed interlocal agreement Return to: City Clerk City of Spokane Valley 11707 E. Sprague Ave., Ste. 106. Spokane Valley,WA 99206 City Clerk's No. INTERLOCAL AGREEMENT THIS AGREEMENT is between the CITY OF SPOKANE VALLEY, a Washington State municipal corporation, having offices at 11707 E. Sprague Ave., Ste. 106, Spokane Valley, Washington 99206, hereinafter referred to as the "City," and the SPOKANE COUNTY PROSECUTOR, having offices at 1100 West Mallon Avenue, Spokane, Washington 99260, hereinafter referred to as the "County," and jointly hereinafter referred to as the "Parties." WITNESSETH: WHEREAS, the Parties made a joint application along with Spokane County and the City of Spokane for an Edward Byrne Memorial Justice Assistance Grant (JAG) Program, hereinafter referred to as the "Grant;" and WHEREAS, the Grant 2009-DJ-BX-0482 was awarded; and WHEREAS, the County was designated to receive funds from the Grant; and WHEREAS, the City of Spokane has been designated applicant/fiscal agent in conjunction with the Grant; and WHEREAS, the City of Spokane Valley is designated as a sub-recipient of the grant and desires to pass through a portion of the award to Spokane County to support a criminal history specialists -- Now, Therefore, The Parties agree as follows: 1. PURPOSE. The purpose of this agreement is to set forth the Parties' understanding of the terms and conditions under which the City will disburse grant funds to the County Prosecutor. 1 2. PERFORMANCE. The County agrees to perform the following: A. Provide salary and benefits for a Criminal History Specialists. The City's role as to the Project shall be only of funding. 3. TERM. This agreement shall begin October 1, 2009 and shall run to September 30, 2012, or until the funds as set forth in Paragraph 4 - FUNDING are expended, whichever comes first. Either party may terminate this agreement at any time for cause after a reasonable time to cure the breach of contract upon thirty (30) days written notice to the other party. 4. FUNDING. The City shall disburse funds in the amount of TWELVE THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($12,500.00) to the County. 5. PAYMENT. The County will invoice the City for its services on a periodic basis. Payment by the City will be due thirty (30) days after receipt of the County's invoice. Application for payment shall be made to the Attention: Saydee Wilson, Finance Department, City of Spokane Valley, 11707 E. Sprague Ave., Ste. 106, Spokane Valley, Washington 99206. 6. ASSIGNMENT. This agreement shall be binding upon the Parties, their successors and assigns. No party may assign, in whole or in part, its interest in this agreement without the approval of the other party. 7. NOTICES. All notices shall be in writing and served on any of the Parties either personally or by certified mail, return receipt requested, at their respective addresses. Notices sent by certified mail shall be deemed served when deposited in the United States mail, postage prepaid. 8. INDEMNIFICATION. Each party to this agreement shall be responsible for damage to persons or property resulting from negligence on the part of itself, its employees or its officer. Neither party assumes any responsibility to the other party for the consequences of any acts or omissions of any person, firm or corporation not a party to this agreement. Each party shall be responsible for its own negligence and neither party shall indemnify or hold the other party harmless. 9. ANTI-KICKBACK. No officer or employee of the City, having the power or duty to perform an official act or action related to this agreement shall have or acquire any interest in the agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from or to any person involved in the agreement. 10. VENUE. This agreement shall be construed as having been made under the laws of the State of Washington that shall be applicable to its construction and enforcement. Any action at law, suit in equity, or judicial proceeding for the enforcement of this agreement or any of its provisions shall be instituted only in the courts of competent 2 jurisdiction within Spokane County, Washington. 11. COMPLIANCE WITH LAWS. The Parties shall observe all federal, state and local laws, ordinances and regulations, to the extent that they may be applicable to the terms of this Agreement. 12. NON-DISCRIMINATION. No individual shall be excluded from participation in, denied the benefit of, subjected to discrimination under, or denied employment in the administration of or in connection with this agreement because of age, sex, race, color, religion, creed, marital status, familial status, sexual orientation, national origin, honorably discharged veteran or military status, the presence of any sensory, mental or physical disability, or use of a service animal by a person with disabilities. 13. GRANT REQUIREMENTS. The terms and conditions to the Edward Byrne Memorial Justice Assistance Grant (JAG) 2009-DJ-BX-0482 are incorporated by reference into this agreement and the Parties agree to comply with them. 14. MISCELLANEOUS. A. NON-WAIVER. No waiver by any Party of any of the terms of this agreement shall be construed as a waiver of the same or other rights of that Party in the future. B. ENTIRE AGREEMENT. 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. C. MODIFICATION. No modification or amendment to this agreement shall be valid until put in writing and signed with the same formalities as this agreement. D. 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. E. 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. F. SEVERABILITY. 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 3 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. G. 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 the County shall be deemed to be an employee, agent, servant or representative of the City for any purpose. Likewise, no agent, employee, servant or representative of the City shall be deemed to be an employee, agent, servant or representative of the County for any purpose. 15. RCW 39.34 REQUIRED CLAUSES. A. PURPOSE. See Section No. 1 above. B. DURATION. See Section No. 3 above. C. ORGANIZATION OF SEPARATE ENTITY AND ITS POWERS. No new or separate legal or administrative entity is created to administer the provisions of this agreement. D. ADMINISTRATION. The County contract administrator shall be the Spokane County Prosecutor. The City administrator shall be the Saydee Wilson, Finance Department.. E. RESPONSIBILITIES OF THE PARTIES. See provisions above. F. AGREEMENT TO BE FILED. The City shall file this agreement with its City Clerk. The County shall file this agreement with its County Auditor or place it on its web site or other electronically retrievable public source. G. FINANCING. Each Party shall be responsible for the financing of its contractual obligations under its normal budgetary process. H. TERMINATION. See Section No. 3 above. PROPERTY UPON TERMINATION: Title to all property acquired by any Party in the performance of this agreement shall remain with the acquiring Party upon termination or expiration of the agreement. Jointly acquired property shall be divided in proportion to the percentage share of each Party contributing to its acquisition. 4 Dated: BOARD OF COUNTY COMMISSIONERS OF SPOKANE, COUNTY, WASHINGTON TODD MIELKE, Chair MARK RICHARD, Vice-Chair BONNIE MAGER, Commissioner ATTEST: CLERK OF THE BOARD Approved as to form: By: Daniela Erickson Deputy Civil Prosecuting Attorney Dated: CITY OF SPOKANE VALLEY By: Title: Attest: Approved as to form: City Clerk Assistant City Attorney 09-443 5 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 19, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ ofd business ❑ new business ❑ public hearing ❑ information X admin. report ❑ pending legislation AGENDA ITEM TITLE: Administrative Report: City Manager Vacancy GOVERNING LEGISLATION: RCW 35A.13.050, RCW 35A.13.150, RCW 42.30.110(1) (g), PREVIOUS COUNCIL ACTION TAKEN: On January 5, 2010 the Council requested and received the resignation of the City Manager. That resignation will be effective on February 5, 2010. BACKGROUND: The removal and replacement of the city manager is defined and regulated by statute. Specifically, RCW 35A.13.050 "City manager - Qualifications"; RCW 35A.13.130 "City manager -- Removal - Resolution and Notice"; RCW 35.A.13.050 "City manager — Substitute". 1. RCW 35.13.050 states in pertinent part: He shall be chosen by the council solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office. Further guidance as to the qualifications necessary for a city manager is provided by the International City/County Management Association (ICMA) through its certification process which is discussed in more detail in an attachment to this RCA. The general language of the statute does provide Council with a wide range of qualifications that may be deemed to be appropriate. 2. RCW 35A.13.150 states in pertinent part: The council may designate a qualified administrative officer of the city or town to perform the duties of manager: (2) Upon the termination of the services of a manager, pending the selection and appointment of a new manager; Prior to February 5, 2010 the Council must either designate a qualified administrative officer within the City to perform the duties of the manager, or appoint a qualified individual who does not work for the city as the interim or acting city manager. This action can be taken by motion of the Council, considered and passed at a regularly scheduled meeting or a special meeting properly noticed. Deliberations concerning the qualifications of such an individual may take place in executive session. See RCW 42.30.110 (1) (g) discussed below. 3. The Selection and Recruitment Process: The Council should keep in mind the admonition set for in the ICMA Recruitment Guidelines referenced above which states: Recruitment and selecting a local government administrator is one of the most important responsibilities of a local governing body. It requires careful planning, astute evaluation of candidates, and a clear understanding of the relationship between the local government and the administrator. ICMA is an organization well respected in the city manager profession. Its comments set forth here and below are the recommendations of that organization. They are not legal requirements. Recruiting a permanent city manager can be done in a number of different ways. I've attached to this RCA Recruitment Guidelines provided by ICMA which discusses pro's and con's of the different approaches. The options can be summarized as follows: a. Select an existing qualified city employee without further recruitment. This can be done with or without a search for other qualified candidates. If an existing candidate is the preference of the Council another possible option would be to employ, on a interim short term basis, either an experienced deputy city manager (likely retired) or city manager to work with the existing official to allow both the candidate and council time to fully evaluate the position and that official's performance. b. Conduct the recruitment process with City staff. Choosing this alternative will require a substantial time commitment on the part of existing Human Resources staff and potentially one or two Council members designated by the Council to conduct an initial screening of candidates. The City may utilize a number of local, state and national resources to advertise the position. If this alternative is chosen, the Council should direct the Acting City Manager to draft a specific recruitment and selection plan for Council approval. This would normally be done by the Human Resources department. This alternative may not result in the widest selection of highly qualified candidates in that there would not be an experienced professional, actively recruiting potential candidates. The cost of this alternative would include costs of advertisements, costs associated with the transport and lodging of potential candidates to be interviewed, and any investigative costs that may arise. It is anticipated that such costs could total approximately $10,000, but would vary depending on the number of candidates interviewed. c. Retain an outside party to conduct the recruitment. This alternative would place the burden on recruitment and the organization of the selection process on an executive search firm with experience in similar recruitment efforts. The total cost of retaining such a firm would be approximately $30,000, again, depending upon the number of candidates interviewed. This would include the costs identified in alternative two. This alternative would likely result in the widest selection of candidates for Council consideration. 4. RCW 42.30.110(1) (g) allows the Council to meet in executive session to "evaluate the qualifications of an applicant for public employment," but requires final action to be taken in an open public meeting. RCW 42.30.110 (1) (h) allows the same for elective officials but specifically requires that interviews and final action concerning an appointment to an elective position be conducted in an open public meetings. The custom and practice has been to conduct both interviews and deliberations concerning the qualifications of a candidate in executive. The Council may also choose to conduct all or part of the interviews in a public forum. I am in the process of contacting other cities in the state of Washington in order to provide council with a summary of the specific recruitment and selection process used and will provide that at the time this report is presented. OPTIONS: Identify a process for the recruitment and selection of an interim and permanent city manager or request additional information. RECOMMENDED ACTION OR MOTION: Council discretion BUDGET/FINANCIAL IMPACTS: Up to $30,000. STAFF CONTACT: Mike Connelly ATTACHMENTS: - RCW 35A13.050, 35A.13.150 - ICMA Recruitment Guidelines Handbook ICMA Voluntary Credentialing Program Information - Sample Action, Consideration and Appointment Letter for an Acting City Manager Page 1 of 1 Westlaw West's RCWA 35A.13.050 Page 1 West's Revised Code of Washington Annotated Currentness Title 35A. Optional Municipal Code(Refs&Annos) 'i Chapter 35A.13.Council-Manager Plan of Government(Refs&Annos) 35&,13.050. City manager--Qualifications The city manager need not be a resident at the time of his or her appointment,but shall reside in the code city after his or her appointment unless such residence is waived by the council.He or she shall be chosen by the council solely on the basis of his or her executive and administrative qualifications with special reference to his or her actual experience in,or his or her knowledge of accepted practice in respect to the duties of his or her of- fice.No person elected to membership on the council shall be eligible for appointment as city manager until one year has elapsed following the expiration of the term for which he or she was elected. CREDIT(S) [2009 c 549 §3022,eff.July 26,2009; 1967 ex.s. c 119 §35A.13.050.] LIBRARY REFERENCES 2003 Main Volume Municipal Corporations 138. Westlaw Topic No.268. C.J.S.Municipal Corporations §§ 337 to 341,343 to 348. West's RCWA 35A.13.050,WA ST 35A.13.050 Current with all 2009 Iegislation (C)2009 Thomson Reuters. END OF DOCUMENT ©2010 Thomson Reuters.N o Claim to Orig.US Gov. Works. https://web2.westlaw.com/print/printstream,aspx?sv=Split&prft=HTMLE&fn= top&mt—... 1/11/2010 , Page 1 of 1 Westlaw, West's RCWA 35A.13.150 Page 1 West's Revised Code of Washington Annotated Currentness Title 35A. Optional Municipal Code(Refs&Annos) 'cm Chapter 35A.13.Council-Manager Plan of Government(Refs&Annos) -r 35A.13.150. City manager--Substitute The council may designate a qualified administrative officer of the city or town to perform the duties of man-ages: (1)Upon the adoption of the council-manager plan,pending the selection and appointment of a manager;or (2)Upon the termination of the services of a manager,pending the selection and appointment of a new manager;or (3)During the absence,disability,or suspension of the manager. CREDIT(S) [1967 ex.s. c 119 §35A.13.150.] LIBRARY REFERENCES 2003 Main Volume Municipal Corporations 129. Westlaw Topic No.268. C.J.S.Municipal Corporations§§ 350,353,354,367. West's RCWA 35A.13.150,WA ST 35A.13.150 Current with all 2009 legislation (C)2009 Thomson Reuters. END OF DOCUMENT ©2010 Thomson Reuters.No Claim to Orig.US Gov.Works. httpsa/web2.westlaw.com/print/printstream.aspx?sv=Split&prfHTMLE&fn= top&mt=... 1/11/2010 fitment , • ‘,„„„iuidellnes H A N D B O O K Ss -0a � 4z7 "�_ ` '� . a "s.� ' - '- ,.„....+�z � -ter ^,.�� ' .t �� -�� • is < t c ,�-- . f 7 h.:' ! 9 k 'c d 1 ", ..,. -0---V.ii v.„..-._:...,-,..::::. R e c r u i t m e n t G u i d e l i n e s H a n d b o o k 1 Table of Contents introduction 2 Resources Available 3 Recruitment Process Conducting the Recruitment 5 Scope and Parameters of the Recruitment Process 7 Recruiting Applicants 8 Applications and Relations with Applicants 9 Selection Process Reviewing Applications 12 Determining Finalists 13 interviewing Finalists 14 Post-interview Activities 16 Finalizing Arrangements Negotiating Compensation 17 Transition Activities 18 Conclusion 20 Resource Groups 20 Suggested Interview Questions 22 Suggested interviewing Techniques 23 Summary Checklist and Timetable 23 Suggested Administrator Profile Format for an Administrator Profile 25 Sample Administrator Profile 25 R e c r u i t m e n t G u i d e l i n e s Handb o ok 2 Introduction The term local government,as used in this report,refers to any local government of general jurisdiction legally constituted under state laws—a town,village,borough,township, city,county,or a legally constituted council of governments.The terms administrator and manager refer to the chief administrative officer of any local government who has been appointed by its governing body. The terms council,commission,and governing body refer to the elected body governing any local government, including city councils,town councils,boards of trustees,boards of selectmen,boards of supervisors,and boards of directors.The term council used in this document refers to all types of governing bodies. Recruiting and selecting a local government administrator is one of the most important responsibilities of a local governing body.It requires careful planning,astute evaluation of candidates,and a clear understanding of the relationship between the local government and the administrator. To a great extent,a local government administrator serves as a resource to the elected body.Whereas the council provides policy and political leadership for the community,the administrator brings policy problems to the elected body,develops alternatives,helps the elected body as it is making policy choices,and then implements policy and provides the administrative leadership necessary for continued progress and high morale.His or her input makes the difference as to whether or not the objectives and priorities of the governing body—and indirectly the community— are refined,considered,and implemented. How are public officials to proceed,then,when the chief administrative position is vacant?Who governs in the interim period until a successor is selected?How is recruitment actually conducted?What selection process should be used?What should be the criteria for the position?What resources are available to assist in recruitment and selection?These are only some of the questions that will concern elected officials. Members of the council will have to deal with a variety of other issues as well.Potential candidates,for example, will begin"campaigning"for appointment.They may contact some or all members of the council to express interest and advance their cause.Members of the community,too,will propose their own preferences and viewpoints,And, of course,the press will pose questions,ranging from why the vacancy exists to what the new administrator is going to be paid. All of this activity,pressure,uncertainty,and even confusion can result in premature commitments and impulsive action—neither good for the community nor conducive to recruiting and selecting a top-notch administrator,For the recruitment process to be successful,local government leaders must provide the following: • Strong,consistent political leadership. • A well organized and coordinated recruitment process. • A plan for administering the affairs of the local government while the recruitment process is under way. • A timetable that ensures prompt,comprehensive recruitment and guards against impulsive and premature action, An organized approach and strong,consistent leadership from the local governing body are essential to the recruitment process.Without them,recruitment can damage the image of the local government;divide the local government and the community;weaken the authority of the government;erode the responsibilities associated with the position;and hurt the ability of the local government to attract and retain good candidates for this and other administrative positions. To help councilmembers conduct a successful recruitment and avoid a negative experience,this handbook presents guidelines for recruiting and selecting a local government manager.While no two jurisdictions require precisely the same qualifications and responsibilities from their administrator,the guidelines outlined here provide the basis for determining priorities.These guidelines will enable local government officials to go about recruiting and selecting the best possible administrator for their needs. R e c r u i t m e n t G u i d e l i n e s Handbook 3 This handbook includes a discussion of the following key issues:resources available to assist in the process;interim management; applications,relations with applicants,and interviews;compensation;and transition.The exhibits present resources and publications available,suggested interview questions,and a summary checklist and timetable. Using these guidelines can make recruiting and selecting a new administrator a positive,enjoyable,and unifying experience for local government officials. Resources Available Elected officials in search of an administrator will find a variety of resources available to assist in the recruitment process.These include: • ICMA,the professional association of appointed administrators serving cities,counties,regional councils,and other local governments.ICMA staff can suggest advertising sources and individuals and agencies who may be available to assist;help pass the word when a vacancy exists by placing a printed advertisement in the ICMA Newsletter or online at ICMA's JobCenter;and provide information on such issues as compensation and how other local governments have handled recruitment.ICMA Range Riders also can provide advice and assistance based on their years of experience in local government. • Other professional organizations.The following organizations can advertise the vacancy,identify potential candidates, and assist in conducting background checks of the applicant.The league of cities and counties in each state;the National League of Cities;the National Association of Counties;the National Association of County Administrators; the American Society for Public Administration;and related local,regional,state/provincial,and national professional organizations. • Current and former local government officials.Local government officials in adjacent communities or retired local government officials are a good resource for assistance.For example,a neighboring local government official could screen applicants,and a retired official could coordinate the recruitment process or provide interim management assistance.ICMA's Range Rider Program may be a good source for such assistance. • Others having an interest in local government.College or university faculty members,institute of government staff members,local government consultants,and community leaders also may be able to provide leadership and assistance with some part or all of the recruitment process. • Executive recruitment firms.Several nationally recognized firms are available to assist in recruiting key management positions in local governments.They can coordinate the overall recruitment process,or they can assist with such specific aspects of recruitment as identifying potential candidates,conducting background checks,or developing and conducting the selection process.ICMA can provide a list of firms that specialize in public sector recruitment.For a copy of the list,contact the job ad coordinator at ICMA,202/962-3650. ICMA Range Riders.Local government professionals serve as Range Riders for ICMA and for their respective state leagues or state associations.Range Riders generally are retired and respected local government managers with long experience in the profession.Available as resources to local government administrators,Range Riders meet periodically with managers to discuss the profession and any concerns managers might have.Discussions range from such topics as council relations,career changes,and staff reorganization to politics and ethical questions.All discussions are confidential.Range Riders are friends,colleagues,and counselors—not consultants. Although not all states have Range Rider programs,other resources may be available through the state league or state association of managers. Interim management. Often the first questions elected officials must face when a vacancy occurs are: • What should we do to ensure that the affairs of the local government are properly administered until a new manager is selected and onboard? • How do we get the recruitment process started? • Who is in charge? R e c r u i t m e n t G u i d e l i n e s H a n d b o o k 4 First and foremost,local government officials must avoid acting impulsively and succumbing to the temptation to hurriedly appoint an administrator as a quick fix to the problems of vacancy,recruitment,and selection.Local government officials need an interim period to consider carefully the criteria they are seeking in a new administrator and to recruit and select the best possible successor who meets these criteria. Only by considering how applicants compare and measure against one another and,of course,against the criteria can elected officials be sure that the candidate they appoint will be backed by the appropriate combination of work experience and management style. Following these steps will enable councilmembers to provide sound interim management while an efficient recruitment process is under way. Appoint an interim administrator.It is important to clarify who will be responsible for directing the local government while the new administrator is being recruited.The council might want to consult with the outgoing administrator regarding possible staff members who could fill this role,or they may agree that they have confidence in a specific staff person. If there is an assistant administrator,for example,who may be considered for the position,the council often will appoint this person as interim manager.This will give them the chance to observe firsthand how he or she handles the job.Or the council might select as interim administrator a department head who is not a candidate for the position but who is mature,seasoned,respected by fellow employees,and competent. In some cases,the local government leaders may not feel there is anyone on staff to whom they can or would want to turn.In this case,it may be possible to retain the services of a recently retired manager or a manager who is between jobs.State associations,municipal leagues,or ICMA Range Riders may be sources for possible interim administrators. Regardless of who is appointed,it should be clear to&H oar government officials and staff that the interim manager is in charge.It should also be clear that this person does not have an inside track to the new position.Tithe interim manager is ultimately selected,it is because that person proves to be the best in relation to the other applicants. Act promptly.The recruitment process should begin immediately after the official decision has been made regarding resignation,retirement,or termination.Failure to do so can generate rumors within the community by various interested parties who will exert pressure on members to quickly fill the vacancy.Councilmembers must bear in mind that an impulsive response to this pressure can be divisive for the governing officials and can damage their credibility. What local government officials need to do is promptly develop and announce a specific plan and timetable for the recruitment.They must take into account any circumstances,such as an impending recall,that might cause delays, and they must communicate any changes in the established schedule to all concerned,particularly to the applicants themselves. Occasionally, a council will delay recruitment because an election is pending or a proposal to change the form of government is coming up for a vote.Even so,the initial recruitment steps should be taken immediately in order to reduce the time lapse between the departure of one manager and arrival of another. If a local government has just voted to adopt the council-manager form of government,the beginning of the search will depend on when the form becomes effective.If council elections were held at the same time and outgoing members are sympathetic to the change,it may be possible to have applications on file by the time new councilmembers are sworn in.In any case,the new council should proceed with the recruitment as soon as possible. Finally,the councihnembers must take charge of the recruitment.They must make clear to all concerned what processes they will follow to recruit and select the best administrator. Carefully consider the way the vacancy is announced.If the vacancy is the result of retirement or of the administrator moving to a new position, a simple announcement to that effect is sufficient,even desirable.When advertising the position,the local government will be able to claim that there has been great stability in the position; it now is vacant only because of retirement or of a new job opportunity for the former administrator.In this way, R e c r u i t m e n t G u i d e l i n e s Handbook 5 with the vacancy presented as an opportunity that does not come along often,qualified applicants may be drawn to the position. If,on the other hand,the position is vacant because the former administrator was terminated or quit,neither the local government nor the former administrator will benefit from a public quarrel.It is far better for all concerned (even though it may be emotionally difficult)to simply reach a mutual decision and timetable for leaving.From a recruiting standpoint,handling a difficult situation well will enhance the image of the local government.And there is less likelihood that the former administrator will talk negatively of the local government and,thereby,deter potential candidates from applying. Obtain a status report on the local government's activities and projects.Although it is not desirable for the council to immerse itself in the administrative affairs of the local government,it is important that they receive a briefing about current organizational problems and the status of important projects before the current administrator leaves.In this way,they can better monitor progress on important matters,provide direction,and set priorities for the person selected as interim administrator. Defer key actions where possible. Obviously,the local government must continue to operate during the recruitment period.The council and interim management team should do whatever is necessary to make sure that important projects and the delivery of services continue to move toward. However,they should defer key actions where possible until the new administrator is appointed.After all,to ensure effective administrative leadership in the future,it is desirable that the new administrator be involved in as many policy decisions as possible.Just filling a vacant department head position,for example,is an opportunity for the new administrator to begin building an administrative team.In fact,such an opportunity can be used persuasively to pique the interest of potential candidates during the recruitment process. Recruitment Process Just as it is necessary to determine who will provide interim administrative leadership,it also is necessary for the council to determine who will actually conduct the recruitment and to decide on the major steps and scope of the recruitment.A successful recruitment takes time and is complex.At the outset,it is essential that the council spend considerable time determining and reviewing precisely the criteria they are seeking in an administrator.See information on preparing an administrator profile. Although 100 or more applications may be submitted for a position,the number of candidates actually meeting the council's requirements may be limited.It is advisable,therefore,to supplement the advertising process by aggressively identifying and talking with potential candidates.Similarly,to ensure that finalists have the requisite work experience and management style,work-related background checks and a thorough interview process should supplement a review of resumes. Once a selection has been made,the compensation package must be developed and negotiated.It includes such issues as deferred compensation,housing,and a written employment agreement.Thus,to be effective,a recruitment must be well planned and led by someone who is knowledgeable and experienced in this area. Conducting the Recruitment The council has a number of alternatives available for conducting the recruitment. • The local government officials themselves can conduct the recruitment. • The local government can retain an outside party to conduct the recruitment • The local government can conduct the recruitment in conjunction with an outside party. R e c r u i t m e n t G u i d e l i n e s H a n d b o o k 6 The council can conduct the recruitment itself.Many councils have successfully conducted recruitments for professional administrators.If this alternative is selected,it should be with the understanding that it is a time- consuming and complex task. Councils have the option of delegating responsibility to the chairperson of the elected body,to a committee of the local government officials,or to the council as a whole. Councilmembers must be sure to select someone on their board who is well respected and who has the time to provide the leadership and follow-through that will be necessary every step of the way.If the elected body chooses to conduct the recruitment itself,it should seek the assistance of the jurisdiction's human resources officer. The council can retain an outside party to conduct the recruitment.In some cases local government officials may ask the interim manager or a retired manager to coordinate the recruitment process.More often,however,the local government contracts with a firm that specializes in providing executive search assistance. When using an executive search firm,the council does not give up any of its authority.It continues to define what it is looking for in a new administrator;it picks the final candidates;it does the interviewing;and,of course,it makes the fmal selection.When a local government uses the services of an executive search firm,it obtains the full-time coordination necessary to conduct an effective recruitment,and it gains the expertise important to each step in the process. Typically the executive search firm begins by meeting with the elected officials both individually and as a group to help them decide what they are Iooking for in a new administrator.It is the firm's responsibility to facilitate these discussions and to help reach a consensus on such items as desirable work experience,management style,timing and scope of the recruitment,and compensation.After these matters have been reviewed,the firm coordinates the overall recruitment process and assumes responsibility for all tasks until it is time for the elected body to select and interview finalists.The firm acts as a resource throughout the entire recruitment process. Councils using these services should make certain they select a reputable firm familiar with the special requirements of local government administration.The experience of a consulting firm should be checked by letters and phone calls to the local governments that it has served. The council can conduct the recruitment and retain an outside party to assist at certain points in the process. A third alternative is for the local government to assume responsibility for conducting the recruitment and to supplement the process at some point with assistance from an executive search firm or other outside source,perhaps an ICMA Range Rider. In some cases,the council may seek assistance at the outset in thinking through the overall recruitment process and defining what they are looking for in a new administrator.In other cases,the local government officials initiate the process on their own by advertising for the vacancy.They then retain an outside source to help review resumes, conduct background checks,and structure an appropriate interview process,This alternative may be most appropriate where cost is a consideration or where the local government desires to take a more active role in the recruitment. Other participants. Once the council decides who will conduct the recruitment,other parties like staff members, citizens or citizen committees,and the press can become involved at various stages. Local government staff.Staff member roles can vary depending on who conducts the recruitment.If the council is conducting the recruitment,staff will be responsible for working with the elected body to develop an effective and legal recruitment and selection process and then placing advertisements and collecting resumes.They also may assist in scheduling interviews.If an executive search firm is involved,the firm will be responsible for all of these administrative details.In this case,the role of staff is usually limited to providing information about the local government and coordinating with the firm. Citizen committees.The council must make a decision as to whether or not to involve citizens or citizen coin- mittees in the recruitment process.In the majority of cases,the local government assumes responsibility for the recruitment and(on its own or with a firm)goes through the process of selecting a new administrator without citizen involvement. In some cases,however,elected officials have involved citizens or citizen committees in defining what the local jurisdiction is looking for,in the review process leading to the determination of finalists,and/or in the selection R e c r u i t m e n t G u i d e l i n e s H a n d b o o k 7 process itself.However,the governing body should not lose control of the final decision-making process and candidates should not receive the impression that they are being hired by a committee rather than by the government itself.After all,once hired,the administrator is accountable to the elected body. Press.Members of the press will obviously have an interest in the recruitment process,and their involvement will be dictated in part by state law and in part by tradition.At the outset,local government officials should brief the press on the timing and steps involved in the overall process.After the deadline has passed for submitting resumes, the elected officials may wish to brief the press on the overall response. Confidentiality of resumes is a major concern in any recruitment and it can significantly affect the number and quality of resumes received.Candidates should be apprised of any applicable state laws in this area,and the council, with advice from the local government's attorney,should determine what will and will not be made public. Scope and Parameters of the Recruitment Process Regardless of who carries out the recruitment,a framework for the recruitment process must be developed.The governing body must agree at the outset on a number of key issues critical to the success of the recruitment:criteria for the position,geographic scope of the search,timing,and compensation. Criteria for the position.What is the council Iooking for in a new administrator?The council should begin with a survey of its needs and those of the local government.By reaching a general consensus on criteria for the position at the outset,even before the advertising process begins,the elected body will be better able to specify what they are looking for in a local government manager,and the council will have a specific basis for reviewing resumes, selecting finalists,and making a hiring decision. Items to be considered include local government size,its nature,the services it provides,and overall objectives and priorities.The work experience,skills,and expertise of the candidates must relate to these criteria. These types of situations should receive special consideration as the council decides on criteria. 1.A local government that has just changed its form of government will ordinarily need a manager who can inspire local government officials with the enthusiasm needed to implement the new system.A first manager in a new system should be adept at public relations and in establishing relationships with incumbent officials and employees. 2.When a manager has been dismissed or has resigned under pressure,the council tends to look for strengths in areas in which the outgoing manager showed weaknesses.There are dangers,however,in overcompensating for qualities that have led to dissatisfaction.These dangers cannot be overemphasized.If the outgoing manager gave too much freedom to subordinates,for example,suddenly changing to a strong disciplinarian might result in antagonisms that would only lead to further problems.Sometimes a new manager will be confronted with major problems that must be dealt-with immediately.If such a situation is anticipated,the council should inform any applicant who is being seriously considered. 3.When a popular manager retires or moves to a larger city,the council often asks this person's assistance in the search for a successor.Yet the council should not overlook the possible need for new strengths or different qualities. The assistance of lay citizens or of an outside consultant might be desirable at this stage. Although establishing criteria for the position can be an agonizing and difficult process,it does not have to be.In fact,-with good leadership it can be a unifying and educational process for all concerned.(For more detail,see the section on the selection process.) Geographic scope of the recruitment.Once a vacancy is advertised,resumes will usually be received from individuals in different parts of the country.At times,a particular executive search firm will specialize in attracting candidates from a certain region.It is assumed that the local government is looking for the best candidate and that all resumes received will be reviewed carefully. For purposes of an aggressive search for candidates,however,some local governments will choose to focus on their state or region,thinking that these candidates may have a better understanding of and orientation to local problems, legal issues,financing alternatives,and similar matters.On the other hand,as local governments grow,they Recruitment Guidelines Handbook 8 increasingly prefer an aggressive nationwide search for individuals who have demonstrated an ability to manage in a complex urban environment and who might bring a fresh perspective. Timing.The timing of the recruitment can sometimes be affected by publication deadlines,which are important in terms of properly advertising the vacant position,An ideal timetable would provide at least 60 days from the start of the recruitment to the deadline for submitting resumes;30 days to review resumes,conduct background checks, interview candidates,and make a selection;and at least 30 days for the new administrator to relocate. Because top candidates often view submitting a resume as a major career decision,it is important that they have adequate time to consider the opportunity,discuss it with their families,and prepare an appropriate resume. Similarly,the council or the executive recruitment firm needs sufficient time to review resumes and conduct background checks to ensure that good candidates are not overlooked and that finalists meet the desired qualifications of the governing body.Again,it cannot be overemphasized that the recruitment should move forward expeditiously while at the same time allow adequate time for a thorough and comprehensive process. Compensation.A final item to be considered at the outset of the recruitment is compensation.It is important for the local government to have some general understanding of the acceptable salary range,but it also is important that it leave itself some flexibility in this area. The posture of public officials in most successful recruitments has been to leave salary open,commensurate with background and experience.This does nothing to discourage interested applicants from applying,yet it does not commit the local government to anything.This approach basically says that the locality wants the best administrator it can find,and that it does not expect anyone to come to work for less than what he or she is currently earning. From a practical standpoint,every local government has compensation limits,and this can be taken into account by reviewing the current salary of applicants at the time finalists are selected.By leaving salary open at the outset,a locality has helped to ensure that it will have a maximum number of applicants to consider and it has left itself the flexibility to pay a higher salary that is what it takes to hire the first-choice candidate. ICMA encourages local governments to establish a salary or salary range and to provide applicants with that information at the time the position is advertised.It does recognize,however,that this information cannot always be provided at the time of recruitment. Recruiting Applicants Generating a sufficient pool of qualified applicants is a key part of the recruitment.It involves advertising for and soliciting candidates to be sure that qualified candidates are not overlooked.(Specifics of the applications process are discussed in the following section.) Advertising.It is in the interest of the local government to be sure that everyone who might have an interest in the vacant position is aware that the recruitment process is under way.Thus the advertisement itself should be carefully worded and the advertising program should be comprehensive. To be comprehensive,however,an advertising campaign does not have to be extensive or expensive.Most local governments,for example,avoid advertising in general circulation newspapers for an administrator unless there is a local requirement to the contrary.This is an expensive form of advertising that produces few results. More effective sources can be found with organizations directly related to local government.In addition to ICMA, this includes the National League of Cities,the National Association of Counties,the National Forum for Black Public Administrators,and the American Society for Public Administration.Resources at the state level include state municipal leagues and county associations. Local governments have some flexibility when preparing and placing advertisements but at a minimum,the advertisement should include these items: • Name of the local government. • Title of the vacant position. R e c r u i t m e n t G u i d e l i n e s Handbook 9 • Population of the local government. • Amounts of the operating and capital budgets. • Number of full-time employees. • Services provided. • Statement that salary is open and commensurate with background and experience. • Filing deadline,including any special items of information desired like current salary and work-related references. • Brief description of key areas of interest and desirable experience and qualifications. • Where and to whom to send resumes. • Web site of the local government. Some publications permit the use of display ads that call for an innovative format incorporating the local government logo and/or graphics.For a modest extra cost,these ads offer the local government an additional opportunity to impress potential candidates. Solicitation of candidates.While advertising can generate outstanding applicants,and local governments should look closely at all resumes that are received,local governments should supplement the advertising process by identifying outstanding potential candidates and inviting them to apply. Useful sources of information about potential candidates include members of the local government,the current administrator,former and retired administrators,local government officials in adjacent communities,executive directors of state leagues,directors of university public administration programs,and ICMA Range Riders. When soliciting candidates,once a list of names has been compiled—and the emphasis should be on quality rather than quantity—the council should send a letter of invitation advising the individual of the opening and requesting that a resume be sent if there is an interest in the position.The letter,which should be personally typed,should enclose a basic package of information describing the local government(see the section on applications)and the vacant position. Once the letter has been mailed,a follow-up telephone call should be made to confirm that the letter was received, assure the recipient that it was not a form letter,indicate why the position is a good career opportunity,and answer questions.The same deadline for submitting resumes should be used in both the advertisements and the supplemental letters of invitation.For the purposes of confidentiality,all correspondence should be sent to the applicant's private residence. In-house candidates.The local government should be sure to inform local government employees of the vacancy and how and when to apply.It may be that the local government will even want to invite one or more employees to submit a resume.Whether in-house candidates are solicited or apply on their own,it is important that they be treated in the same manner as other applicants. It should be made clear that if an in-house candidate is ultimately selected as administrator,it is only because the council felt that the candidate was the best choice hi comparison with the other applicants.While most applicants will receive written notification of their status,the council may wish to talk personally with in-house applicants who were not selected to ensure good communication with staff,maintain morale,and help ensure an orderly and positive transition. Applications and Relations with Applicants The applications process is the point where effective screening of applicants begins.For this part of the recruitment to be successful,the council must proceed carefully and with considerable thought.This section deals with such issues as whether or not to use a standardized application form,providing potential candidates with key information about the position and the local government,and the importance of establishing and maintaining good relations with Recruitment Guidelines Handbook 10 applicants.If high-quality candidates are to be encouraged to pursue the vacancy,then the local government needs to present a portrait of itself as a well-run,organized,and efficient organization. Application form.Most local governments prefer to ask applicants to submit a resume in whatever format they believe will be most effective,rather than a standardized application form.From the standpoint of the applicant,this approach provides flexibility to present past work experience in a way that is directly related to the position in question.At the same time,it permits the local government to see how the applicant organizes and presents material in a written format.The manner in which materials are prepared can be an indication of real interest in the position. If an application form is used,it should be easy to complete,and the information requested should be related to the vacant position. Relations with Applicants—Do's and Don'ts Do: Keep all candidates informed of their status at all times. Select a short list of the most promising candidates. Carefully check references on those candidates judged best qualified. Call these candidates for interviews at your local government's expense. Visit,if possible,the localities in which the most promising candidates work. Send the candidates under consideration copies of your government's budget,charter,annual report,and other pertinent documents. Pay expenses of candidates called for a second iterview(and of their spouses/partners). Be prepared to enter into a formal written employment agreement with the successful candidate. Promptly notify all other candidates once the selection has been made. Keep all information strictly confidential throughout the entire recruitment and selection process,unless state law requires otherwise. Don't: Don't limit your recruitment and investigation to"home towners"or to a single candidate. Don't' let the selection process last too long. Don't expect to get all necessary information about candidates from written material. Don't forget that you are seeking overall management ability,not technical competence in one specialized field. Don't release for publication any names or local governments of candidates,unless state law requires it. Don't overlook in candidates the need for municipal administrative experience and the advantages of value of college or university training,post-degree training,and continued professional development. Providing information.Serious applicants will not submit a resume for consideration until they have done their homework and satisfied themselves that the vacant position does represent a good career opportunity. Often they will seek information from local government officials about the local government and the position. This is one of the first places where a potential applicant will form an impression of the local government.If the impression created is that the recruitment is disorganized,that members of the local government are not sure what R e c r u i t m e n t G u i d e l i n e s H a n d b o o k 11 they are looking for or are saying different things,and that sufficient information about the locality is not easily obtained,potential applicants may simply lose interest and not apply. On the other hand,if their impression is that the local government has spent time considering the position;that the recruitment is well organized;and that information is readily available,positive,complete,and effectively packaged,this can tilt the scales in favor of submitting a resume.Here are the items that a basic information packet should include: 1.A copy of the criteria for the position indicating key objectives and priorities as to what the local government is looking for. 2.Ordinance or charter requirements if they contain significant or unusual provisions regarding the position. 3.Summary information about the local government,including organization structure,personnel practices,number of employees,services provided,and budget data, 4.A timetable indicating the principal steps and time frame for the overall recruitment. 5.Information on the local government in the form of a chamber of commerce brochure or similar publication,if such is attractively prepared and available. 6.Web sites that contain information on the local government. Acknowledging applications/status report.All too often,recruiters overlook the simple and courteous step in the recruitment process of acknowledging resumes as they are received and notifying applicants of their status as the recruitment proceeds.Prompt acknowledgment of resumes is one indication that the process is being handled in a businesslike way,and it can further impress the applicant positively. Similarly,notifying all applicants as to their status,even if they are not selected as finalists,is a basic courtesy that will affect how the candidate views the local government.The initial acknowledgment also should inform the applicant of the recruitment timetable.Unless there are unusual or unanticipated delays,this notice should be sufficient until applicants are actually notified as to their final status.To maintain confidentiality,all correspondence should be directed to the applicant's home,not business address. Confidentiality.Confidentiality is an important consideration in any recruitment.Applicants are concerned about the potential damage to their present job security and long-term career opportunities if premature disclosure of their interest in another position is made public.While applicants realize that the local government will want to contact their present employer to conduct background checks and assess the job they have done,they typically prefer to wait until it is clear that they are going to be considered as finalists for the position. The elected body should determine,at the outset,the extent to which the recruitment process will be confidential. This should be decided with advice from the local government's attorney because open record and disclosure statutes vary from state to state,If disclosure of applicants'names is likely to occur at any point,potential applicants should be advised so that they may take this into account in deciding whether or not to pursue the vacancy. From a recruiting standpoint,assurance of confidentiality will result in more applications being submitted, particularly from those who are presently employed elsewhere.Because of the importance of confidentiality to both parties,such assurances should be honored and contacts with present employers should be coordinated with the applicants in order to provide the applicants with adequate time to first notify their current employer.There is no faster way to damage the image of the local government and to lose good applicants than to violate the trust or assurance that was given regarding confidentiality. R e c r u i t m e n t G u i d e l i n e s Handb o o k 12 Selection Process Once the deadline for submitting resumes has passed and all applications have been received,the selection process begins.Principal steps include reviewing applications,determining finalists,interviewing finalists,conducting such post-interview activities as second interviews,and making the final selection. Reviewing Applications The selection process begins with a review of all resumes that have been submitted.The advertised deadline for submitting resumes usually is viewed as a planning deadline;therefore,all resumes are considered even if they arrive after the deadline.Because it is not unusual for a local government to receive in excess of 100 resumes for a vacant position,guidelines must be in place for the review to be efficient and thorough, One approach is to give each member of the council a fixed period of time to review all resumes and to recommend those applicants who should receive further consideration,One councilmember will then group the common choices together and resolve whether those who were not picked by the majority of the reviewers will receive further consideration. Another approach is to ask a committee of the council to assume responsibility for the application review process and to recommend a group of finalists to the council as a whole.Sometimes the local government calls on managers in the area or ICMA Range Riders in the state to assist in the narrowing-down process.Applicants should be advised if this last procedure is used,the confidentiality of resumes should be maintained.In other cases,a search firm or the locality's human resources officer can make a first cut to reduce the applicant pool. Here are steps that are particularly important in the resume review process: 1.All resumes should be acknowledged.Ideally,resumes will be acknowledged as soon as they are received.The acknowledgment should incorporate a broad timetable that provides the council with adequate review time before finalists are selected. 2.The process should move forward as promptly as possible.If the review process takes too long,it alerts the candidate to a possible lack of leadership and indicates that the process is not well organized.Such signals can cause well-qualified applicants to have second thoughts and to change their minds. 3.The confidentiality of resumes should be maintained and should be consistent with applicable state law and the advice of the local governments attorney.Contact with others as part of the review process is important and even expected but it should be coordinated with the applicant.The local government must avoid jeopardizing an applicant's current position.Thorough background checks and references are usually conducted after the council has narrowed down the group of applicants and after the candidate has been informed that references and others will be called. 4.Resumes should be evaluated against the criteria for the position that were developed at the outset of the recruiting process.Here are criteria to look for in the review process: • Has the applicant had experience working in a local government of comparable size? • Has the applicant had experience with the variety of services delivered by the local government?Has the experience been comparable in terms of budget size and number of employees? • Has the applicant worked in a similar geographic area?Is the applicant likely to be comfortable in a rural or urban setting and familiar with the usual problems faced by the local government? • What specific responsibilities has the applicant had,and what has the applicant accomplished?How does this compare with the objectives and priorities of the local government? • Has the applicant had broad administrative and supervisory authority,or has the experience ofthe applicant been limited to research or administering activities in specialized areas? • Has the applicant worked directly with the local government in the past?Does the applicant have experience working with citizen and other groups? R e c r u i t m e n t G u i d e l i n e s H a n d b o o k 13 • What is the employment history of the applicant?Does it suggest a pattern of broad experience and increasing responsibility?Does the applicant have good tenure with each employer,or is there a pattern of frequent movement from one position to another? Whereas a short tenure in the previous position may or may not be significant,a series of short terms should be a warning that more thorough inquiry is needed.By the same token, 10 years of experience is not necessarily preferable to five,or five to three.In fact,a person with a long tenure in one position may find it difficult to adjust to another.Similarly,age also does not necessarily correlate with maturity of judgment or adaptability. • Is the applicant concerned with continuing professional development and participating in training programs and professional organizations? • What is the current salary of the applicant?Does it fit within the parameters of the local agency? • How have the resume and letter of transmittal been prepared?Do they suggest a real interest in the position?What does the resume itself tell about the person? Determining Finalists When the resume review process has been completed,it should be possible to narrow the total group of applicants to a smaller group of perhaps 15 to 25.This group will be subject to more thorough background checks and ulti- mately narrowed to an even smaller number of applicants.The latter group will be designated as finalists and invited for interviews.These considerations are important when determining finalists: 1,The council should resist the temptation to select finalists before background checks have been completed,One of the resume reviewers may suggest,for example,that based on the resume alone,the council should select finalists and move right ahead to the interviews. However,while resumes are helpful as an initial screening device,they also can be misleading.They reveal nothing about the management style,personality,or interpersonal skills of the individual in terms of his or her ability to work effectively with people.They also can create an exaggerated impression of actual work experience, responsibilities,and accomplishments.It is neither practical nor necessary to conduct background checks on all applicants,but an important interim step is to conduct background checks on a smaller group as a prelude to and basis for selecting finalists. 2.Be sure the background checks are work related.The purpose of the background checks is to provide a solid reading of the candidate's ability to handle the job and to work with people.Consequently,background checks should be conducted primarily with people who know local government,understand the job of a local government manager,and have a firsthand knowledge of the performance of the applicant in this area. Such work-related background checks would normally be based on conversations with current and former members of the local government,including the mayor and councilmembers;staff members with whom the applicant has worked closely and/or supervised;and others who have worked closely with the applicant,including the chamber of commerce director and the superintendent of schools.Background checks also can be conducted with state/provincial association officers,institutes of government staff members,and state league directors. As indicated previously,confidentiality is extremely important,and the local government should be sure to coordinate with the applicant in terms of any background checks that are undertaken. 3.When conducting background checks,these guidelines are important for ensuring consistency and thoroughness: • Have one person perform all the background checks.This can be difficult for one person to handle,however,especially if three background checks are desired.Also,it can be helpful if two or more people compare notes on the same candidates. • Address similar issues and questions to each applicant to provide a good basis for comparison. R e c r u i t m e n t G u i d e l i n e s Handbook 14 • Talk with enough people to get a consistent reading as to the strengths and weaknesses of the individual.If a person can say only good things about the applicant,ask him or her directly what weaknesses the applicant has. • Use the background checks to learn about the applicant's ability to work effectively with people,to develop a more complete understanding of the applicant's work experience and specific accomplishments,and to see if the applicant's qualifications match the criteria for the position. • Include verification of educational credentials in the background check process. There is another possible step to use to narrow down the list of finalists.The candidates can be asked to respond in writing to a limited number of questions that members of the governing body agree on.These might include asking how the person would handle a particular situation or asking if he or she has had experience dealing with specific situations. 4.The group of finalists should be large enough to expose the council to an array of personalities.In most cases,a minimum of five candidates should be interviewed as fmalists.The local government also may wish to establish a backup group in case some of the finalists decide not to pursue the position any further. interviewing Finalists Once finalists have been selected,the interviewing process begins,and the local government can proceed with these steps: 1,Confirm with each candidate that he or she has been selected as a finalist.Each finalist should be congratulated and made to feel that the council is pleased to have reviewed his or her resume.At the same time,the continuing interest of the individual in the position should be confirmed. 2.Advise each finalist of the nature of the interview process,including date and time.Confirm for the finalist now many others will be interviewed,whether there are any in-house candidates,and when you expect to make a decision.Indicate that all such information will be confirmed in a follow-up letter. 3.Assure the applicant that confidentiality will be maintained,unless state law or the advice of the local government's attorney dictates otherwise.The applicant should be advised if the names of finalists are to be made public and given the opportunity to withdraw. 4.Indicate that a more complete package of information about the local government will be mailed directly to the applicant's home in advance of the interview.Here is information that might be included: • Current budget and financial report. • Recent bond prospectus. • Organization chart. • Personnel rules and regulations. • List councilmembers and their occupations. • Copies of council minutes for the past several months, • General plan and land use map. • Statement of local government goals,objectives,and priorities. • Any other material that would be of particular relevance,given the goals and objectives of the local government and the criteria for the position. R e c r u i t m e n t G u i d e l i n e s Handbook 15 5.Confirm local government policy on reimbursement of expenses incurred in conjunction with interview.Most local governments reimburse candidates for all out-of-pocket expenses,including reasonable transportation,room, and board.("Reasonable"is intended to eliminate first-class airline tickets,four-star hotels,and gourmet restaurants.) Such reimbursement of expenses is another way the local government can demonstrate its interest in the candidate. It reinforces the positive nature of the recruitment process and makes the difference in some cases as to whether the fmalist is able to attend at all.In cases where there is strong reluctance on the part of the council to reimburse all expenses,the local government can share expenses with the candidate or can agree to reimburse all expenses incurred after the first trip. The local government staff can offer to handle all reservations,transportation,and related matters but this can be cumbersome and time consuming.In most cases,the local government confirms the time and place and lets the finalist make his or her own arrangements.Finalists usually prefer this approach as well. The interview itself can take a variety of forms.(See section with suggested interview questions.)Two techniques commonly considered are the traditional interview and the assessment center evaluation and interview. Council interview.Typically,the elected body as a whole meets individually with each finalist.Most local governments use this approach,During the interview they question the applicant about a variety of matters like overall work experience,specific accomplishments,career objectives,alternative approaches to practical problems faced by the local government,and similar matters.The interview gives the candidate an opportunity to evaluate the elected body as a group and to ask questions.An important issue to discuss during the interview is the council's working relationship with the manager,clarifying all roles and responsibilities. Organizing this type of interview is relatively easy and does not require a large commitment of time on the part of the local government and candidate.It can create a comfortable setting that contributes to an open and relaxed discussion.Because this initial interview may be limited to an hour,a second interview with one or more of the finalists may be desirable. Assessment center evaluation and interview.The assessment center technique involves role playing and other exercises with the candidates as a group,in addition to the traditional interview.It is most frequently used in the recruitment of public safety and other management-appointed positions(and has been used only occasionally by local governments recruiting administrators),but if well planned and organized,it can be used effectively in recruiting a local government administrator. The major advantage in an assessment center interview is that the employer is able to see how one candidate relates to others in a group situation.Because it tends to pit one candidate against another in a group situation,however,it is important that the candidates be properly briefed to minimize any concerns regarding the process.In addition,this technique can work only if all councilmembers are committed to taking the time necessary for role playing and if they feel comfortable participating in an"acting"situation. Regardless of which technique is used,these guidelines are important: 1.The interview process should be well organized and the setting comfortable.All members of the local government should participate but one discussion leader should be designated.The interview process not only provides the council with an opportunity to improve its knowledge of finalists,but it also influences the candidate's interest in the position.Because the process should help cement the interest of the candidate in the position,local government officials may wish to arrange additional events like a dinner or a tour of the local government. 2.The council may choose to supplement the usual discussion between councilmembers and finalists by inviting staff or community leaders to participate.For example,finalists may meet with department heads or other staff to review departmental operations in more detail or to receive a tour of the local government.Or,finalists may meet with selected community leaders to receive their input on matters they consider important to the local government, If this option is taken,it should be made clear to all involved that these meetings are designed to provide the Recruitment Guidelines Handbook 16 candidate with additional information on the local government and will not be involved in the actual selection of the administrator.Obviously,the councilmembers should carefully select the individuals with whom the finalists will meet,Again,the importance of maintaining confidentiality cannot be overemphasized. 3.If the spouse/partner of the candidate is invited to accompany him or her,it is important that this part of the process be as well organized as all matters concerning the candidate directly.Here,too, an important impression about local government image is being made.The interests of the spouse/partner should be carefully determined and accommodated.This could include a tour of the local government, an opportunity to talk with realtors and visit homes,and a briefing on schools in the area and local employment opportunities.Spouses/partners should never be included in a formal interview process,nor made to feel as if they are being interrogated in any way. 4.During both the formal and informal meetings between the council and the finalist,discussions and questions should focus on the criteria for the position that were established at the outset of the recruiting process.Obviously, discussions should stay within acceptable legal parameters and should not touch on politics,religion,and sexual preferences. 5.Do not spend time during the initial interview talking about compensation,except to ask what the expectations of the finalist are in this area.If the council is aware of general expectations,they can take this into account in making a final selection and in subsequent negotiations on total compensation.To discuss this subject in any detail during the initial interview detracts from the time needed to consider more substantive questions and can result in a defensive or argumentative atmosphere with a candidate before it is even clear that the position will be offered. 6.The personal interview should occupy at least an hour,It is difficult to pursue a range of questions in less time, and it will be offensive to the candidate who may have traveled some distance for the interview. 7.A final guideline,regardless of which interview technique is used,is that the council should continue to avoid impulsive action and should take whatever time is necessary to arrive at a comfortable and well-reasoned decision. However,again,the interview process and related follow-up activities should move forward as promptly as possible so as not to lose momentum or encourage serious applicants to have second thoughts.Of course,once a final decision has been made,all of the other applicants should be notified of their status. Post-interview Activities When the interview process is over,either one person has emerged as the clear choice of the council,or the pool of candidates has been narrowed down to several whom local officials would like to pursue further. If there is one person who is the clear first choice,the council can simply notify the candidate,confirm his or her willingness to accept the position,and then move right ahead to finalize a total compensation package and discuss other related arrangements(see section on finalizing arrangements).A second interview at the council's option can provide the opportunity to discuss the position and the applicant's qualifications in more detail. If,on the other hand,there are still two or three applicants to whom the council would like to give further consideration,several options exist.The council may wish to invite the candidate,and possibly the spouse/partner, back for a second interview.A longer interview,coupled perhaps with some sort of function such as a dinner,can often provide the insight needed to make a final decision. Conducting more extensive background checks with individuals in the candidate's current community or making an on-site visit to the candidate's current community are other options.Either of these latter two activities can be helpful in reaching a final decision,but it is essential that they be conducted with the full advance knowledge of the candidate.It also is advisable to conduct a discreet credit and police check. Until all arrangements have been finalized with the first-choice candidate,the council may wish to hold off notifying the other finalists,if the council is unable to satisfactorily conclude negotiations with their first choice, they may need to engage in discussions with one or more of the other finalists.Again,from an image standpoint,it is important that all applicants Iearn first about selection from the local government as opposed to hearing about it from another person or reading it in a newsletter,professional publication,or the press. R e c r u i t m e n t G u i d e l i n e s H a n d b o o k 17 Finalizing Arrangements Once the local government has made its decision and the candidate has indicated a willingness to serve as a local government administrator,there are a number of fmal arrangements to be completed.They include negotiating a compensation package and completing transition activities.Only then can the new administrator relocate and begin work. Negotiating Compensation Because negotiating a total compensation package can be a long and frustrating process,the council needs to ensure that relations with the new administrator get off to a good start.Nothing should happen that causes the new administrator to reconsider. • First,the atmosphere should be friendly and relaxed. • Second,the approach of the negotiator should be flexible;negotiating implies a willingness to consider options and alternatives in pursuit of an acceptable package.There may well be more than one way to meet the financial objectives of the new administrator. • Third,the council should be realistic.No matter how beautiful and desirable the community or position may be,no one (except in highly unusual circumstances)will accept the new position without an increase in pay over his or her present salary. In compensation negotiations,base salary is the place to start.The councilmember conducting the negotiation should keep these questions in mind. 1.Ultimately,what salary will be acceptable to the council? 2.What is the bargaining range? 3.What is the current salary of the applicant? 4.During the interview,what type of salary and total compensation package did the candidate discuss? ICMA,the National Association of Counties,and state leagues of cities and counties are sources of information on the salaries of administrators in local governments around the country. Elements of a total compensation package typically include: • Base salary. • Deferred compensation. • Severance pay. • Use of government car or car allowance. • Retirement plan. • Medical and other insurance(dental,optical,life,disability). • Vacation. • Holidays, • Sick leave. • Membership dues and conference attendance fees. R e c r u i t m e n t G u i d e l i n e s Handbook 18 Before the negotiation begins,the council should ask the candidate to provide a written itemization of current total compensation, along with a copy of a current employment agreement,if one exists. After receiving this information,council should outline a proposed package.Usually there will be no negotiation on some benefits that are similar from one local government to another,such as medical insurance or holidays. Variables most often relate to cash compensation,take-home pay, and particular financial objectives like deferred compensation. The proposed compensation package should(1)leave the individual whole on basic benefits;(2)provide an appropriate step forward in cash-related benefits;(3)ensure an increase in take-home pay,and(4)deal with any particular financial objectives that the new administrator may have. During the negotiations,some issues will arise that do not relate to the total compensation package but may well have significant financial implications for both the local government and the applicant.Both parties need to be flexible and realistic in dealing with these issues: Moving expenses.It is common for local governments to pay the one-time cost of moving the administrator and his or her family and household furnishings to the new local government.Sometimes both parties agree on a"not-to- exceed"figure based on estimates from moving companies. Temporary housing.An allowance for temporary housing is usually provided until the new administrator is able to sell his or her former home and/or relocate the family.Typically,this amount is sufficient to cover the cost of a modern furnished apartment or condominium.Again,both parties may agree to a fixed time period or amount. Commuting expenses.As with temporary housing,the local government often will agree to reimburse the administrator for periodic family visits or for the spouse/partner to visit for house-hunting purposes. Housing assistance.Regional variations in the cost of housing or housing financing can complicate the negotiations.There now is considerable precedent for local governments—using appropriate safeguards and limits—to assist in the purchase and/or financing of housing for the new administrator.A variety of options exist, including a loan,a salary supplement,or a shared equity purchase. Finally,the council should be prepared for the possibility that they will be unable to reach agreement on compensation or other matters with the first-choice candidate.In these instances,the local government typically enters into negotiations with its second-choice candidate.As indicated previously,once an agreement has been finalized,all other applicants should be promptly notified that they were not selected. Once salary,benefits,and other finance-related issues have been worked out,it is time to move to a few remaining and important transition activities. Transition Activities After the local government and new administrator have reached agreement on such issues as compensation,starting date,and method and timing of announcing the selection in the administrator's new and old local government, transition activities begin. Employment agreement.Written employment agreements are increasingly used to avoid any misunderstanding on the part of either party.It is in the interests of both the community and the manager to have a written summary of the terms and conditions of employment to which both parties have agreed.The stable working situation created by an agreement helps attract and keep top-flight managers in a generally mobile profession. Spelling out the salary, benefits,and other conditions of the manager's job puts those items where they belong—on a piece of paper where both parties can know what is expected—and removes them from the daily agenda of managers and elected officials. While such an agreement usually does not refer to a specific term of employment,permitting either the local government or the administrator to terminate for cause or at will,it should include a section providing the administrator with severance pay for a fixed period of time if he or she is terminated by the local government.This R e c r u i t m e n t G u i d e l i n e s Handb o o k 19 provides important personal and professional security for managers who have the rather unique situation of working at the pleasure of the governing body with the possibility of being dismissed for any reason at any time. While not a lengthy legal document,the employment agreement usually is drafted by the local government's attorney.The new administrator often is given an opportunity to prepare a first draft for consideration.ICMA recommends the use of employment agreements.If an employment agreement is not used,at a minimum a formal letter of understanding should be prepared. General assistance.For a smooth transition,the local government should offer whatever general assistance the new administrator might need in moving. Such assistance might include introductions to realtors and bankers,support to the spouse/partner in finding suitable employment,and similar activities. Orientation meetings.The local government should arrange to introduce the new administrator to department heads and local government staff.While the new administrator may have met some of these people during the interview process,a special meeting or reception can be a pleasant way to turn over responsibility.Similar meetings,briefing sessions,and/or receptions can be arranged to introduce the new administrator and his or her family to community groups,civic leaders,and citizens in general. Local government work session,orientation,and review of objectives.It is desirable to have an initial work session with the new administrator to discuss and clarify initial expectations on both sides and to review goals and objectives.Even though some of these issues may have been raised during the interview process,communication from the outset can help ensure a smooth working relationship. Performance evaluation.Using the position's goals and objectives as a starting point,the local government and new administrator should agree to an annual or semi-annual review of the performance of the administrator.This established and formal process helps to ensure that communication between the parties is maintained,that progress is monitored,and that goals and objectives are reviewed and refined on a regular basis. Employment Agreements Here are some elements of an agreement that a council might consider: Preliminaries Duties Terms of the agreement Termination notice Removal and severance pay Salary Hours of work Automobile Moving expenses Home sale and purchase Dues and subscriptions Professional development Conferences General expenses Civic club memberships Vacation leave Military reserve leave Sick leave Disability insurance Health insurance Life insurance Deferred compensation and retirement programs Recruitment Guidelines Handbook 20 Other fringe benefits General provisions Contract execution provisions Conclusion Recruitment and selection of a local government administrator is a comprehensive and complex process.As difficult as this process is,it has great potential to be a valuable and rewarding experience.Not only does it force local government officials to think about their objectives and priorities,but it gives them a rare opportunity to work together in a way seldom experienced when considering agenda items at a council meeting. If recruitment of a local_government administrator is conducted according to the guidelines outlined in this document,the chances of developing a positive and beneficial long-term relationship among the council,the administrator,and the community are greatly enhanced.The process can and will work if it is well organized and planned. (See summary checklist and timetable.)This list reiterates some of the main steps that the Iocal government must take for the recruitment to proceed smoothly,satisfactorily,and successfully. • Be sure the recruiting process is well organized and coordinated from the outset. • Maintain control of the process and the hiring decision;don't act impulsively but do move rapidly toward a selection once applications are in. • Be sure to involve in the recruitment only those who have demonstrated competent leadership skills or are knowledgeable about the process. • Remember that recruiting an administrator is a two-way street and that the local government has a responsibility to present the position attractively,to describe the operation of the local government,to show interest in the applicants, and to be competitive. • Assure all applicants that confidentiality will be maintained. • Know what you are looking forwhen recruiting to fill a vacant position;survey the needs of the local government. • Advertise for the position by defining clearly what you are looking for. • Identify and invite outstanding potential candidates to apply. • Acknowledge all applications and notify applicants of the status and timing of the recruitment. • Carefully review all resumes and applications against position requirements and criteria. • Evaluate the backgrounds of leading applicants and check work-related references as a basis for selecting finalists. • Use the traditional interview,assessment center evaluation,or some similar technique as a basis for making a hiring decision. • Negotiate a total compensation package and put all terms and conditions of employment in writing. Resource Groups Individual state and country organizations and state leagues of cities and counties are good resources to use when recruiting a Iocal government administrator.They also publish a variety of newsletters and publications that are useful for advertising administrative positions. R e c r u i t m e n t Guidelines Handb o o k 21 Here are organizations and publications with a national and international appeal and distribution: American Society for Public Administration(ASPA) 1120 G Street,N.W. Washington,D.C.20005 202)393-7878 Web site:http://www.aspanet.org Publication:Public Administration Times International City/County Management Association(ICMA) 777 North Capitol Street,N.E., Suite 500 Washington,D.C.20002-4201 202(626-4600 Web site:http://icma.org To post job ads,go to http://jobs.icma.org Publications:ICMA Newsletter,Job Opportunities Bulletin for Minorities and Women in Local Government (J.O.B.) National Association of Counties(NACO) 440 First Street,N.W. Washington,D.C.20001 202/393-6226 Web site:http://www.naco.org Publication: County News National Association of County Administrators(NACA) 777 N.Capitol Street,N.E.,Suite 500 Washington,D.C.20002-4201 202/962-3539 Web site:http://www.countyadminstrators.org Publication:County Administrator National Forum for Black Public Administrators(NFBPA) 777 N.Capitol Street,N.E.,Suite 807 Washington,D.C.20002 202/408-9300 Web site:http://www.nfbpa.org Publication:Job Hotline at 1-888/766-9951 (prompt is 401) National League of Cities(NLC) 1301 Pennsylvania Avenue,N.W. Washington,D.C.20004-1763 202/626-3000 Web site:http://www.nlc.org Publication:Nation's Cities Weekly Recruitment Guidelines Handbook 22 Suggested interview Questions These general suggestions can be supplemented by more specific questions related to particular objectives, problems,and priorities of the local government: 1.Describe your background and experience.What have been the areas of emphasis? 2.How does your experience qualify you for this position? 3,Have you had experience in all areas of local government service?If you have not had experience in certain areas,how would you approach management in these areas? 4.What experience do you have with budget preparation and finance? 5.What experience do you have with personnel and labor relations? 6.How do you work with the news media? 7.How do you describe your management style? 8.What is your experience as a supervisor?How many people have you supervised? 9.Have you ever had to terminate an employee? What process did you follow? 10.What are your thoughts on performance evaluation?What process do you follow to set objectives and monitor performance? 11.How will you go about assessing the strengths and weaknesses of the organization and identifying opportunities to improve? 12.How do you approach the planning process?What system do you use to set objectives and priorities? 13.What is important to you in establishing effective working relations with others? 14.How do you view the relationship between the administrator and governing body?How do you view your relationship with department heads and local government staff? 15.What techniques have you found to be most successful in assisting local government officials establish and implement long-and short-range goals for the community? 16.To what extent do you believe contact with citizens and citizen groups is important?How do you typically handle this responsibility? 17.What experience have you had working on an intergovernmental or interagency basis?Have you worked directly with the state and federal governments,councils of governments,and other units of local government? 18.What will your first steps be upon assuming responsibility for this position?What do you hope to accomplish in the first year? 19.From your limited vantage point,what do you believe to be the challenges and opportunities facing our organization?How is this likely to chauge in the future? 20.What are your strengths and weaknesses? 21.Why are you interested in this position? 22.What are your expectations with respect to compensation? 23.What questions do you have of us [reference here is to members of the governing body]? Recruitment Guidelines Handbook 23 Suggested Interviewing Techniques Here are some recommended do's and don'ts when interviewing candidates.Remember that the law does not prohibit employers from obtaining all the information about a candidate they deem important,so long as the questions are job-related and do not elicit information that could be used for discriminatory purposes. Do: 1.Question objectively.Relate questions to the requirements of the job and be consistent from one applicant to the next. 2.Ask questions that require more than a yes or no answer.Use general or open-ended questions. 3.Avoid unduly sympathetic or unsympathetic words,gestures,or facial expressions that would make the candidate think you agree or disagree with his or her answer, 4.Avoid posing a problem or situational question combined with possible solutions.Let the candidate generate his or her own solution. 5,Develop questions based on earlier statements made by the candidate. 6.Ask questions designed to encourage the candidate to reveal what knowledge and expertise he or she possesses. 7.Avoid"trick"questions. 8.Avoid displaying your personal opinions or viewpoints through the questions you ask. 9.Listen attentively to every question asked and every answer given.Make the candidate aware that you are listening by looking at him or her while speaking. Don't: 1.Let early biases form. 2,Ask unnecessarily long questions. 3.Let the candidate digress beyond the point of answering questions satisfactorily or showing that he or she is unable to answer what is being asked. 4.Ask confrontational or intimidating questions. Summary Checklist and Timetable • Designate an interim administrator, Week 1 • Obtain a status report on local government activities and projects. Week 1 • Confirm the recruiting process that will be used. Week 2 o Determine who will be responsible for conducting the recruitment. o Establish criteria for the position. o Decide on scope of the recruitment and all steps involved. o Confirm compensation parameters. o Establish a timetable for the recruitment process. R e c r u i t m e n t G u i d e l i n e s Handbook 24 • Prepare and place advertisements for the position in appropriate publications. Week 2 • Identify outstanding potential candidates and send them a written invitation to apply for the position. Weeks 3-4 • Personally contact the outstanding potential candidates as a follow-up to the written invitation to apply. Weeks 5-6 • Acknowledge all resumes as they are received. • Review all resumes after the application deadline has passed. Week 7 • Conduct work-related background checks on a smaller group of applicants and then reduce this number of finalists to a manageable number. Week 8 • Confirm the selection process that will be used. Week 9 o Determine finalists. o Determine policy on reimbursement of finalist expenses. o Establish a timetable for the selection process. • Notify finalists and schedule them for interviews. Week 9 • Conduct first and second interviews and make a selection. Weeks 10-1 1 • Negotiate terms and conditions of employment and put all terms in writing. Week 12 • Finalize related arrangements. Week 12 o Determine a starting date. o Confirm a method of announcing the hiring decision. o Advise all other applicants of their status. o Plan an orderly transition. Suggested Administrator Profile Developing a profile of the ideal administrator provides the background against which to evaluate candidates for the position.Here is a checklist that any community can use as a model.Each council or board member can begin by filling out the form,and then all members of the governing body can use the individual rankings to reach a consensus on how the group rates each item.Remember that each community has some specific issues or concerns that rank higher than others.An honest evaluation of what skills and attributes are most important to a community is critical at this point. Once the council has reached consensus,one or two members who are capable writers can convert the checklist into a profile similar to the sample here.This profile can be shared with candidates who apply for the position so that they have a clear picture of the governing body's preference.All people involved in the job interviews should also have copies of the profile so that everyone is working from a common understanding of the type of person the elected officials are seeking. Preparing this profile provides a unique opportunity to clarify and codify the skills and attributes that a community is looking for in an administrator.Local officials should make the most of this chance to get the best possible fit between the council and the administrator. Recruitment Guidelines Handbook 25 Format for an Administrator Profile (For Council Use) Describe the background,skills,and qualities you feel your locality needs in an administrator. General importance(High,Medium,Low) 1. Relevant Education 2. Relevant Experience Skills and Past Performance 1. Council Relations 2.Administrative Ability 3. Written and Oral Communication Skills 4. Budget/Finance/Information Technology 5. Human Resources/Risk Management/ Benefits Administration 6. Labor Relations/Collective Bargaining 7. Community Relations 8. Intergovernmental Relations 9. Economic Development/Revitalization 10. Innovation and Major Achievements 11. infrastructure and Facilities 12. Specialized expertise that might pertain to your locality, e.g. utility management, solid waste, and landfill management(be specific) Sample Administrator Profile Education and Experience A bachelor's degree or equivalent experience in local government should be required,a master's degree preferred.A minimum of three years of public administration experience is required,with five years preferred.Past local government experience of individual must show performance in areas that include budgeting and finance,human resource management,information technology,risk management,grants procurement and administration,economic development strategies,understanding of state laws,and other related matters including land use planning,zoning regulations,engineering,and public works.Prior[state]experience preferred.Experience and knowledge in local government accounting is desirable. Recruitment Guidelines Handbook 26 Skills and Past Performance Administrative ability.Must have demonstrated performance hi human resources and/or collective bargaining for a community having not less than 10 employees.Good communication skills are a must,including the ability to listen, communicate with various segments of the community,and develop good relations with the business community. Person must be willing to devote whatever time is necessary to achieve the goals and guidelines established by the council.Knowledge of how to organize departments and demonstrated leadership qualities are desirable. Council relations.Ability to take time and interest in working with councilmembers to keep them informed and explain technical processes. Should be able to adequately inform the council on a regular basis so there are no surprises.Both written and oral communications with the council are essential.The person must be able to accept constructive criticism and to implement the needed changes.Candidate must be open and honest with the council and able to present all sides of an issue that affect the locality.The individual must be able to carry out the intentions and directions of the council enthusiastically. Budget and finance. Should have demonstrated prior experience in managing a city or county budget.Experience and expertise in grant procurement is desirable,as well as dealing with locally-owned utility finances. Collective bargaining/human resource management.Must have some knowledge of[state]labor relations law, with preferred demonstrated ability in the collective bargaining process.Must demonstrate a personality that can communicate the local government's goals and needs to employees. Community relations.Candidate must have demonstrated involvement in community activities.Experience working with and understanding the needs of the business community is highly desirable.Candidate should be able to present a confident image of the local government to the community at large.Must be able to demonstrate a positive,productive attitude to citizens of the community. Intergovernmental relations.Must be able to relate to and develop a good working relationship with other local governments,county governments,community organizations,schools,and state and federal agencies. Editorial credit.The"Suggested Interview Techniques,""Format for an Administrator Profile,"and"Sample Administrator Profile,"sections of this document were originally published in A Guide to Hiring a Chief Administrative Officer produced by the Illinois City/County Management Association,Center for Governmental Studies,Northern Illinois University,DeKalb,Illinois, ICMA Web Site Page 1 of 3 I cmh Leaders at the Core of Better Communities ICMA> Credentialing ICMA's Voluntary Credentialing Program The ICMA Voluntary Credentialing Program Is a means of defining and recognizing an individual ICMA member who is a professional local government manager qualified by a combination of education and experience, adherence to high standards of Integrity, and an assessed commitment to lifelong learning and professional development. Managers are recognized by ICMA through a peer review credentialing process, and this self-directed program offers an opportunity for Interested ICMA members to quantify the unique expertise they bring to their communities.The program also assists ICMA members In focusing and reflecting upon their lifelong professional development experience. Members who participate in the program may earn the designation of ICMA Credentialed Manager granted by the ICMA Executive Board. ICMA Credentialed Managers are viewed with growing distinction by local governing bodies and progressive, civically engaged communities. There are currently 1,133 ICMA Credentlaled Managers and 26 ICMA Credentialed Manager Candidates. What Are the Benefits? • Recognition as a professional local government manager • Quantification of the unique expertise you offer • Demonstration of adherence to high standards of integrity • Demonstration of commitment to lifelong learning • Structured and focused professional development plan • Peer review of professional development activities and learning • Eligibility for Legacy Leaders Program • Access to special workshops and other training for ICMA Credentlaled Managers and Candidates, such as the ICMA Gettysburg and ICMA SEI Leadership Institutes All of us know the importance of continuous learning, ICMA's Credentialing Program gives us an easy way to focus and structure that learning, as well as become Involved in coaching younger managers. As members of ICMA, we are already required by Tenet 8 of the Code of Ethics to commit to at least 40 hours of professional development every year, This program encourages you to reflect on your learning, and receive feedback and recognition. Please consider beginning the process today and join your colleagues who are already credentialed. What Are the Steps Involved in the Credentialing Process? Managers often ask whether they can make the time to become credentialed. The application process does not take a lot of time. Applying Is quite easy, yet the benefits of the program itself are Immeasurable. There are three simple steps: • Verify that you are eligible. Your work experience must be full-time and appointed. • Complete the Applied Knowledge Assessment and receive results. Your Applied Knowledge Assessment results must be less than 3 years old to make initial application. http://icma.org/main/bc.asp?bcid=124&hsid=l&ssid1=2521&ssid2=2522 1/14/2010 ICMA Web Site Page 2 of 3 • Submit application before deadline based on assessment results. What Are the Application Deadlines and Fees? • January 1 • April 1 • July 1 • October 1 In addition to the $75 cost of the Applied Knowledge Assessment, the online application fee is $50. The fee for filing a paper application is $100. What Happens After I Apply? • For applications that are made by January 1, the Credentialing Advisory Board will review no later than February 15, 2010 N Recommended names will be printed in the newsletter for member review no later than February 28, 2010 • Approval will be granted by the ICMA executive board in late March or early April • Notification will be sent via email no later than April 15, 2010 ✓ Online annual update will be due every year after the credential is received--be prepared to report on a specific example of something you learned from each professional development activity. Click here for a sample and frequently asked questions regarding annual updates • Within 5 years of being credentialed, complete the ICMA Performance-Based Assessment(PBA) or an alternative multi-rater assessment. This assessment must be completed at least once during each five-year period; if you cannot complete a multi-rater assessment due to a political situation, please email credentialinglcma.orq so the Credentlaling Advisory Board can help you devise another method of external feedback B Click here for a full page of credentlaling resources, including frequently asked questions about the multi- rater assessment requirement, a PBA PowerPoint, and a PBA preview Title: What Is the Credential Called? ICMA-CM or ICMA Credentialed Manager. Initials or title can be used after the name on letterhead, business cards, or other professional documents. How Are ICMA Credentialed Managers Recognized? Members receive certificates by mall upon request. If you are interested, please email credentiaiing(@icma.orq). Credentialed Managers also receive lapel pins at state meetings or the ICMA Annual Conference, ICMA-CMs who are unable to attend their state meeting or the annual conference can request that a lapel pin be mailed by emailing credentlaling @lcma.orq. ICMA-CMs and Candidates are also invited to a special reception at the annual conference, and are invited to attend special sessions and seminars during the conference and throughout the year, The online Who's Who record also indicates whether a member Is an ICMA Credentialed Manager and the full list of Credentlaled Managers and Candidates by state can be found at http://icma.org/credentialed. http://icma.org/main/bc.asp?bcid=124&hsid=1&ssid1=2521&ssid2=2522 1/14/2010 ICMA Web Site Page 3 of 3 What Happens After I Retire? Retired members who no longer wish to submit annual updates in order to remain actively credentialed may be eligible for the Retired Credentialed Manager designation. Retired Credentialed Managers must be currently credentialed, have been ICMA Corporate Members (or eligible to be Corporate) for at least 10 years, and have submitted at least one annual update in the past. Please email credentlaling@Icma.org to find out whether you are eligible. Questions? Please contact Amanda Relyea at credentlalingaicma,orq. Downloads 'i=1 Eligibility (Microsoft Word Document, 35 KB) © 2010 International City/County Management Association ICMA is the leading organization for information on professional local government management. Its membership includes city managers, county managers, and other chief appointed officials and assistants in local governments throughout the world. ICMA's mission is to create excellence in local government by developing and fostering professional local government management worldwide. http://icma.org/mainlbc.asp?bcid=124&hsid=l&ssid1-2521&ssid2=2522 1/14/2010 ACTING MANAGER'S HANDBOOK Sample Council Agenda Communication For Acting Manager's Position Mayor and Council Agenda NUMBER: DATE: ACTION: Approval of terms for Acting City Manager RECOMMENDATION: Approve terms for Acting City Manager IMPACT: Environmental:N/A Fiscal:While increasing the salary for [name of acting manager] temporarily, there is no net impact on the budget since there are salary savings with the vacancy of the City Manager's position. Neighborhood:N/A Other: N/A BACKGROUND: To compensate [name of acting manager] for accepting the position of Acting City Manager in addition to his responsibilities as [appointee's current position],the Mayor recommends that his salary, effective [date] be set at [dollar amount] with deferred compensation of[percentage]. He will receive the same cost-of-living increase as is approved for all City employees on [date]. At his request,the Mayor and Council will meet with him in Executive Session in [month] to review his interim status and the search process. The Mayor and Council will also provide him with a final written evaluation at the completion of his service as Acting City Manager. When a new City Manager is selected, [name of acting manager] will return to his position as [appointee's current position] with his salary having been adjusted back to the salary for that position,plus the merit increase and cost-of-living increase that would have been effective on [dates]. ACTING MANAGER'S HANDBOOK Model for Negotiating Terms of Appointment (for Discussion in Closed Session with Council) 1. Salary of[dollar amount] retroactive to [date],which is below midpoint for the grade of[dollar amount]. (No other change in current benefits including the previously authorized car allowance of[dollar amount]per month,) This is a [percentage] increase from current salary of[dollar amount]. • Requires waiver of rules since this increase is greater than 5%allowed by the County's personnel policies. • With this increase I will forgo the normal salary increase due on[date]. • Salary to remain in effect after resuming[current position]and not revert to current level.Requires waiver of County's personnel policies. 2. A unanimous vote by Council of appointment during open meeting, and sustained support during the interim period. I believe it is important to show unanimity on this decision for the community.If Council desires to appoint someone else as Interim Manager during the period,they will notify me as a body in closed session and I will gladly step down and support the new Interim as his/her Assistant. 3. There will be no Council requests to dismiss any department head during the interim period.I would reserve the right to dismiss department heads,with Charter- required concurrence of Council,when it is in the best interest of the County. 4. I feel that I must have assurance that the Council recognizes that I cannot be expected to perform two jobs (Manager and Assistant). • A single goal during the interim period to"Keep the Ship Afloat,"This means we continue basic services and current projects and initiatives. Some meetings(other than Council meetings)may not have a CAQ representative in attendance,as I am not expected to totally give up my personal life. • Individual Councilor requests for information must be limited with the understanding that it impacts the current workload.If workload priorities need to be changed,I would request that it be done by a majority of Council. Of course there will be exceptions and we will work through those. • I would be supported in decisions to assign parts of the CAO work to other departments,individuals,or contractors with allowed increases in compensation as provided in the personnel policies or by contract. 5. An expedited process for recruitment of a new County Manager. Respectfully submitted for discussion during closed session on [date]. [Name] Assistant County Manager ACTING MANAGER'S HANDBOOK Model Appointment Letter for an Acting Manager [Date] [Greeting] At your request and as authorized by the full City Council on [date],I am pleased to confirm in writing the terms of your"at will"appointment as Interim City Manager for [name of jurisdiction].Effective date of the appointment is [date],and any pay owed to you will be made retroactive to that date. Your annual salary will be [dollar amount] with all applicable benefits you currently receive plus a monthly car allowance of[dollar amount]. When a new City Manager starts,the Council has agreed that this new pay rate is to remain the same through [the end of the fiscal year, or another time period], car allowance will discontinue, "at will" status will discontinue, and you will return to your assignment as [current position]. After the new Manager arrives you will be allowed paid leave of absence of[number] working days to be scheduled with him/her and to be taken in increments of no more than [number] consecutive days at a time. This leave is in addition to your normal annual leave accrual and may be carried over to a succeeding calendar year, but may not be paid out in cash. This leave must be taken no later than [date] or [number] months after the arrival of the new Manager,whichever is later. The Council also agrees that you may appoint an Acting Assistant City Manager from among the existing senior City staff.You have the commitment of the full Council, and of the Councilors-elect, to support you and City staff during this transitional period. Negative criticisms of you or staff will be conducted with you, only in closed session to the extent possible. To indicate your acceptance of these terms,please execute as indicated below. This agreement will become part of your permanent personnel file. Sincerely, [Name] Council Chair Accepted: [Name] Acting Manager Appointee cc: Council Members & Councilors-elect DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of January 14, 2010; 2:45 p.m. Please note this is a work in progress; items are tentative To: Council & Staff From: City Manager Re: Draft Schedule for Upcoming Council Meetings January 26, 2010, NO MEETING: Council attends Olympia Legislative Action Conference January 27-28, 2010—City Legislative Action Conference, Olympia(Red Lion Hotel) CONFIRMED: Tuesday, February 9, 2010; 10 a.m. — 4 p.m. CenterPlace Executive Conference Room, 2°d Floor; 2426 N Discovery Road Tentative agenda items: (1)Paveback (5) Workplan (2)snow plowing long-term plan (6) six year business plan (3) review 2010 Council Budget goals (7) brainstorming (4)Financial forecast February 2,2010: Study Session Format,6:00 p.m. [due date Mon,Jan 25] Action Items: 1. Motion Consideration: City Manager Vacancy—Mike Connelly (20 minutes) Non-Action Items: 2. Spokane Regional Transportation Council Draft Interlocal—Mike Jackson (30 minutes) 3. City Hall Property Negotiations Status —Mike Connelly (20 minutes) 4. Adult Entertainment Code Revision—Cary Driskell (10 minutes) 5. Admin Report: Paveback Update—Neil Kersten (20 minutes) 6. Admin Report: Planning Commission Rules of Procedure—Kathy McClung (10 minutes) 7. Animal Control Amendment— Cary Driskell (10 minutes) 8. Admin Report: Ordinance Amending UDC and Providing for Developer Agreement—M.Connelly(20 min) 9. Info Only: (a) Council Broadcasts, PEG (public, educational and government) Channel; (b) Department Reports [*estimated meeting: 140 minutes] February 9,2010,Formal Meeting Format,6:00 p.m. [due date Mon,Feb 1] 1. Consent Agenda: Payroll, Claims, Minutes (5 minutes) 2. Proposed Resolution 10-002 Adopting Planning Commission Rules of Procedure—Kathy McClung (10 minutes) 3. First Reading Proposed Ordinance 10-003 Amending Alarm Regulations—Cary Driskell (10 minutes) 4. First Reading Proposed Ordinance Amend UDC&Provide for Dev. Agrmnt(Ord 9-015)-M.Connelly(15 min) 5. Motion Consideration: Interlocal Agreement JAG Grant with Spokane County—Cary Driskell (10 minutes) 6. Motion Consideration: Paveback—Neil Kersten (10 minutes) 7. Admin Report: Franchise Agreements—Cary Driskell (20 minutes) 8. Admin Report: Milwaukee Right-of-way—Mike Connelly (20 minutes) 9. Admin Report: Master Fee Schedule—Mike Jackson (20 minutes) [*estimated meeting: 120 minutes] February 16,2010: Study Session Format,6:00 p.m. [due date Mon,Feb 8] 1. Council Broadcasting—PEG Channel—Greg Bingaman/Morgan Koudelka (40 minutes) 2. Cable Advisory Board—Morgan Koudelka (20 minutes) 3.Wastewater Treatment System—Bruce Rawls (60 minutes) [*estimated meeting: 120 minutes] Draft Advance Agenda 1/15/2010 10:01:43 AM Page 1 of 2 February 23,2010,Formal Meeting Format, 6:00 p.m. [due date Mon,Feb 15] 1. Consent Agenda: Claims,Payroll, Minutes (5 minutes) 2. Second Reading Proposed Ordinance 10-003 Amending Alarm Regulations—Cary Driskell (10 minutes) 3. Second Reading Proposed Ord Amending UDC&Provide for Dev. Agrmnt(Ord 9-015)-M.Connelly(15 min) 4. Admin Report: Uniform Development Code Amendment CTA 01-10—Karen Kendall (20 minutes) 5. Info Only: Department Reports [*estimated meeting: 50 minutes] March 2,2010, Study Session Format,6:00 p.m. [due date Mon,Feb 22] 1. Advance Agenda March 9,2010 Formal Meeting Format,6:00 p.m. [due date Mon,March 1] 1. Consent Agenda: Claims,Payroll, Minutes (5 minutes) 2. First Reading Proposed Ordinance UDC Amendment CTA 01-10—Karen Kendall (20 minutes) [*estimated meeting: minutes] March 13-17, 2010:National League of Cities, Congressional City Conference, Washington, D.C. March 16,2010, Study Session Format,6:00 p.m. possible no meeting [due date Mon,March 8] March 23,2010,Format Meeting Format,6:00 p.m. [due date Mon,March 15] 1. Consent Agenda: Claims,Payroll, Minutes (5 minutes) 2. Second Reading Proposed Ordinance UDC Amendment CTA 01-10—Karen Kendall (15 minutes) 3. Info Only: Department Reports March 30,2010, Study Session Format,6:00 p.m. [due date Mon,March 22] 1. Site Selector Review (pending confirmation) OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: ADA Plan Transportation Benefit District: (a). Establish ord.; Affordable Housing Participation (b)set public hearing; (c)draft resolution; (d) ballot Alternative Analysis (contracts) language Bidding Contracts (SVMC 3. —bidding exceptions) Transportation Impacts Comp Plan Qrtrly Update (Jan,April,July, Oct) Wastewater Policy Advisory Bd Briefing i Concurrency WIRA,Water Protection Commitment,public Council Remote Voting: Governance Manual education Development Zoning/Regulations East Gateway Monument Structure # Jail Project Presentation and tour Joint Meeting w/Spokane County ®=request for Council's early consideration Law Enforcement Contract • Lexipol Policies #=Awaiting action by others Overweight/over size vehicle ordinance Planned Action Ordinance * = doesn't include time for public or council Property Tax Discussion comments SARP Updates/Options— Scott Kuhta Sheriff Office Request, Emergency Mgmt Update Al Solid Waste Bd/Governance • Sprague Appleway Corridor Environ. Assessment Draft Advance Agenda 1/15/2010 10:01:43 AM Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 19, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ® information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: 2010 Sewer Paveback Program GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Adopted 2010-2015 Six Year TIP which includes the 2010 STEP paveback program. BACKGROUND: For the past seven years the city of Spokane Valley has participated with Spokane County in the full width repaving of all streets associated with the county's Septic Tank Elimination Program (STEP). The county paid for paving over the trenches where sewer/side sewer lines and manholes were installed; the city paid for any remaining paving beyond the sewer trenches. See schematic below. CITY . . SEWER . . rITY PIW BACK PROJECT PALE BACK r r r } glk uTILJ N The cost to the city for the full width paveback has typically been estimated for each sewer project area and then included in the city's annual budget. A list of the sewer projects and paveback costs for the past seven years is attached. The current draft of the 2010 Budget does not include funds for full-width street paving associated with Spokane County's 2010 Sewer Construction Program. As has been done in previous years city staff has been working with Spokane County staff on estimates for the city's portion of paving the roads in the 2010 sewer project areas. Spokane County's 2010 Septic Tank Elimination Program includes four projects within the city of Spokane Valley: Corbin Project This basin includes the area north of Sprague Avenue and south of the Appleway Ave. between Greenacres Road to the west and Hodges Road to the east. Cronk Project This basin includes the area north of Cataldo Avenue and south of the Mission Ave. between Barker Road to the west and Hodges Road to the east. South Green Acres Project This basin includes the area north of 1-90 Avenue and south of the Spokane River between Flora Road to the west and Barker Road to the east. West Farms Project This basin includes the area north of Wellesley Avenue and south of Sanson Ave. between McDonald Road to the west and Calvin Road to the east. Paveback costs which determine the city's cost to provide full-width paving and drainage improvements for the four sewer basins are summarized below: City of Spokane Valley Share 2010 Estimated Road Improvement Costs Estimated Road 2010 Projects Improvement Costs Corbin $675,000 Cronk $295,000 South Green Acres (Ph 3 &4) $405,000 West Farms $300,000 Road Design Costs 140,000 Total Estimated Cost $1,815,000 Below are a few comments on the above estimates: 1. A Community Development Block Grant (CDBG) application has been submitted to Spokane County for $310,000 to assist with the road paveback for the Corbin sewer project. 2. The South Green Acres and West Farms sewer basins include several gravel roads. The city pays 100% of the cost to pave existing gravel roads. This added approximately $285,000 to the paveback cost estimates. 3. The estimates are based on the road sections used on all previous sewer projects (Local Access Streets: 2" Asphalt over 4" of Base Rock).The estimates do not include the cost to meet the new city Street Standards (Local Access Streets: 3" Asphalt over 6" Base Rock). The additional cost to the city to meet the new Street Standards is approximately $760,000. 4. The county's estimate for their increased paving costs to meet the city's new Street Standards is approximately $900,000. The county is proposing to add a $950 surcharge to the Capital Facilities Rate (CFR) for each Equivalent Residential Unit (ERU) to cover this increase. This would raise the total sewer connection fee for each homeowner from the currently adopted $5,780 per ERU to $6,730 per ERU. 5. These are preliminary estimates. Staff will be reviewing them in more detail with Spokane County as designs of each sewer basins are completed. 6. As has been done with past projects stormwater improvements will also be included in the sewer projects to address existing drainage/flooding concerns. These additional costs are not included in the above estimates. The planning level cost estimate for stormwater improvements is $350,000 and will be paid for from the Stormwater Utility Fund. OPTIONS: Info only RECOMMENDED ACTION OR MOTION: Info only BUDGET/FINANCIAL IMPACTS: Currently the Draft 2010 Budget does not include funds for the 2010 STEP paveback. STAFF CONTACT: Neil Kersten, Public Works Director Steve M. Worley, Senior Capital Projects Engineer ATTACHMENTS 1) List of previous sewer paveback projects; 2) Draft MOU; 3) Comments from Spokane County regarding new Street Standards Sanitary Sewer Project Paving Costs Sewer Project Paving Year Total Paving City Paving County Paving Cost Cost Cost Harrington 2003 $ 837,147 $ 258,920 $ 578,227 Hillview Acres 2003 $ 924,642 $ 463,955 $ 460,687 Pinecroft/Mansfield 2003 $ 344,300 $ 165,550 $ 178,750 Totals $ 2,106,089 $ 888,425 $ 1,217,664 Sewer Project Paving Year Total Paving City Paving County Paving Cost Cost Cost Carnahan 2004 $ 596,724 $ 149,694 $ 447,030 Sipple 2004 $ 694,234 $ 95,173 $ 599,061 Veradale 2004 $ 807,825 $ 326,206 $ 481,619 Weatherwood/Owens 2004 $ 1,299,502 $ 397,835 $ 901,667 Totals $ 3,398,285 $ 968,908 $ 2,429,377 Sewer Project Paving Year Total Paving City Paving County Paving Cost Cost Cost Edgerton 2005 $ 583,625 $ 67,533 $ 516,092 Inland 2005 $ 148,580 $ - $ 148,580 Orchard Avenue 2005 $ 602,827 $ 97,604 $ 505,223 Parks Road 2005 $ 557,894 $ 110,368 $ 447,526 Sherwood Forest/Mica 2005 $ 832,354 $ 225,210 $ 607,144 Totals $ 2,725,280 $ 500,715 $ 2,224,565 Sewer Project Paving Year Total Paving City Paving County Paving Cost Cost Cost Electric RR 2006 $ 662,155 $ 118,365 $ 543,790 Veradale Heights 2006 $ 1,303,806 $ 430,256 $ 873,550 Vera Terrace 2006 $ 1,003,018 $ 280,845 $ 722,173 Totals $ 2,968,979 $ 829,466 $ 2,139,513 Sewer Project Paving Year Total Paving City Paving County Paving Grandview Acres 2007 $ 1,182,881 $ 173,987 $ 1,008,894 Spaldings 2007 $ 46,316 $ 15,817 $ 30,499 Trentwood 2007 $ 934,927 $ 128,098 $ 806,829 Totals $ 2,164,124 $ 317,902 $ 1,846,222 Sewer Project Paving Year Total Paving City Paving County Paving Rockwell 2008 $ 806,420 $ 260,544 $ 545,876 Rockwell-Summerfield Ph I 2008 $ 401,091 $ 53,154 $ 347,937 Summerfield 2008 $ 742,107 $ 139,258 $ 602,849 Suffers 2008 $ 999,347 $ 255,941 $ 743,406 White Birch 2008 $ 528,402 $ 132,873 $ 395,529 Totals $ 3,477,367 $ 841,770 $ 2,635,597 Sewer Project Paving Year Total Paving City Paving County Paving Clement 2009 $ 1,441,722 $ 648,722 $ 793,000 Rotchford Acres 2009 $ 971,858 $ 390,858 $ 581,000 Valleyview 2009 $ 1,078,208 $ 137,208 $ 941,000 West Ponderosa Ph I 2009 $ 1,653,722 $ 648,722 $ 1,005,000 West Ponderosa Ph II 2009 $ 1,226,081 $ 321,081 $ 905,000 Totals $ 6,371,591 $ 2,146,591 $ 4,225,000 2003-2009 Totals $ 23,211,715 $ 6,493,777 $ 16,717,938 DRAFT Memorandum of Understanding Between the City of Spokane Valley and Spokane County Pavement Replacement Cost Sharing and Drainage Improvement Costs For the 2010 Sewer Construction Program WHEREAS the City of Spokane Valley (the CITY) and Spokane County (the COUNTY) desire to work collaboratively to construct portions of the COUNTY's 2010 Sewer Construction Program together with CITY paving and drainage improvement projects; and WHEREAS the CITY desires that the roads impacted by the construction of sewers in the 2010 Sewer Construction Program be reconstructed to the full preconstruction width for an improved roadway surface; and WHEREAS the CITY also desires that pavement replacement work be extended in some areas beyond the limits of sewer construction; and WHEREAS the CITY also desires that certain drainage improvements be constructed in areas that will be impacted by the COUNTY's 2010 Sewer Construction Program; and WHEREAS the costs of such full width repaving, additional length of road reconstruction, and miscellaneous drainage improvements are not funded by the COUNTY's Sewer Construction Program, and said costs will need to be paid by the CITY; and WHEREAS the 2010 Sewer Construction Program includes the West Farms, South Green Acres Phase 3, South Green Acres Phase 4, Corbin, and Cronk Sewer Projects within the limits of the CITY, as identified in the COUNTY's adopted Six-Year Sewer Capital Improvement Program 2010-2015. NOW THEREFORE, the CITY and the COUNTY do hereby agree as follows: 1. Prior to the bid of each project, the COUNTY shall provide the CITY with a set of project plans, together with a cost estimate indicating the extent of pavement removal and replacement to be paid for by the COUNTY as a part of the sewer project. The CITY shall review the plans and estimate, and shall advise the COUNTY regarding the extent to which the CITY desires to add pavement removal and replacement, as well as the specific drainage improvements that the CITY would like to make in conjunction with the project. 2. The CITY has requested that the COUNTY, through the Division of Engineering and Roads, prepare road designs for the paving of certain segments of gravel roadways located within the 2010 Sewer Construction Program. The CITY intends to include the associated work in the construction contracts for the sewer projects. The scope of work I DRAFT Memorandum of Understanding 2010 Sewer Construction Program Page 2 of 3 and design cost estimates for these roadways are presented in Attachment A to this Memorandum of Understanding. The CITY will coordinate this design work directly with the Road Design Engineer in the Division of Engineering and Roads. The Division of Engineering and Roads shall invoice the CITY on a monthly basis for this road design work. 3. The COUNTY shall include the additional road and drainage work outlined in Paragraphs 1 and 2 above in the bid documents for the applicable sewer project area. 4. After the bids for a project are opened, the COUNTY shall prepare the bid tabulation and provide a copy to the CITY, typically within 24 hours, together with an estimate of the CITY's share of the project cost based upon the unit prices submitted by the lowest responsive bidder. The calculation of the CITY's share will include a representative credit for the COUNTY's avoided cost of crack sealing and surface sealing that would be associated with partial road width removal and replacement. If the CITY then decides to proceed with the desired improvements, the CITY shall provide a written notice to the COUNTY within two days of the receipt of the bid tabulation. 5. The CITY and COUNTY agree that the minimum pavement section for local access roads in the 2010 Sewer Construction Program shall consist of two (2) inches of hot mix asphalt overlying four (4) inches of crushed rock, which has been the historical practice for the Septic Tank Elimination Program, and which is an exemption from the new road paving standards adopted for the CITY. 6. The CITY's total estimated share of the construction and design costs are presented in Table 1 below. The estimates in Table 1 are based on a minimum pavement section for local access roads consisting of two (2) inches of hot mix asphalt overlying four (4) inches of crushed rock. 7. The CITY and the COUNTY recognize that the estimated costs shown in Table 1 are for planning purposes, and that the actual costs billed to the CITY will be based upon final quantities and actual contract prices. The CITY's maximum cost for the 2010 projects shall not exceed $ without written authorization by the CITY. The COUNTY shall not proceed with any work that would increase the CITY's cost to an amount greater than the total amount authorized. 8. If the CITY subsequently elects to make additions to the scope of any project, the CITY shall request such additional work in writing. A corresponding adjustment shall then be made to the CITY's share of the cost based upon the resulting increase in pay quantities and the associated contract bid prices. For work items requested by the CITY that are not covered by the contract bid prices, the COUNTY shall prepare a change order for the CITY's review and acceptance prior to work items being constructed. 9. As paving operations are undertaken for each project, the COUNTY will send progress invoices (no more than one per month) to the CITY for the CITY's portion of I DRAFT Memorandum of Understanding 2010 Sewer Construction Program Page 3 of 3 the cost of roadway and drainage improvements. When all paving and drainage work is completed on a project, the COUNTY will send a final invoice to the CITY for the remainder of the CITY's portion of the project costs. For each project that is not completed by the close of the 2010 construction season, the COUNTY will send a progress invoice to the CITY prior to December 31, 2010. TABLE 1 City of Spokane Valley Share 2010 Estimated Road and Drainage Improvement Costs Estimated Road Estimated Drainage Improvement Costs Improvement Costs Total Costs $1,815,000 $ 350,000 SPOKANE COUNTY: By: Date: N. Bruce Rawls, County Utilities Director CITY OF SPOKANE VALLEY: By: Date: City Manager COMMENTS TO THE CITY OF SPOKANE VALLEY CITY COUNCIL REGARDING PROPOSED ROAD STANDARDS Presented By Spokane County Division of Utilities November 17, 2009 Dear Mayor Munson and Council Members, The Spokane County Division of Utilities appreciates the opportunity to provide comments relative to the proposed new road standards that are currently under consideration by the City of Spokane Valley, particularly with regard to the potential impact of those new standards on the County's Septic Tank Elimination Program (STEP). The proposed new standards would increase the minimum pavement section for new roadways to 3 inches of hot mix asphalt (HMA) overlying 6 inches of crushed rock (CSTC). It is our understanding from our discussions with City staff, that this new standard would also apply to those roadways removed and replaced in conjunction with the 2010 and 2011 STEP projects. The cost of these changes are a great concern to us, and we would offer the following observations: Historically, the road replacement specifications for the STEP have been designed to replace the existing roadways to a condition equal to or better than the road section that was in place prior to construction. This has included the reconstruction of neighborhood streets with at least 2 inches of HMA and 4 inches of CSTC, even in those areas where the existing section is 1.5 to 2 inches of HMA placed on native material. It has never been the goal of the STEP to absorb the cost of reconstructing all roadways to updated standards. The Division of Utilities is working very hard to minimize the annual increases in the Capital Facilities Rate for owners of property in the final years of the STEP (2010 and 2011). However, the reserves in our sewer funds are running out in these final years. We anticipate that with the available sewer fund reserves and APA reserves, we will be able to complete the program without any large increases to the Capital Facilities Rate. This assumes, however, that there is not a substantial change in the standards employed in the reconstruction of the roads. The 2010 STEP projects in the City of Spokane Valley include West Farms, South Green Acres, Corbin, and Cronk. These projects include the following approximate lengths of sewer main construction: West Farms 22,600 LF South Green Acres 38,900 LF Corbin 16.000 LF Cronk 8,600 LF TOTAL 86,100 LF = 16.3 miles The 2011 STEP projects within the City of Spokane Valley include the Green Haven Sewer Project and a portion of the Micaview Sewer Project, with an approximate total length of sewer main of 36,000 LF (6.8 miles). The impact of the increased road section on the total cost of the 2010 STEP projects is substantial. We estimate that the total increase in pavement and rock costs, based on average 2009 bid prices and our preliminary designs, would be approximately $900,000 for the four projects. (This added cost does not address other impacts of the increased section, including the need to haul off and dispose of additional material displaced by the deeper section.) The Division of Utilities does not have the additional funds to support this increase in construction cost, and the cost would need to be distributed to the property owners within the project areas. The total number of Equivalent Residential Units (ERUs) within the four projects in the City of Spokane Valley is estimated to be 1,280. The surcharge on the Capital Facilities Rate for these property owners would therefore be approximately $700 per ERU, raising the cost from the currently adopted $5,780 per ERU to $6,480 per ERU. City Participation ("Paveback") Considerations: Since its formation, the City has participated in the repaving of streets impacted by the sewer program. The City has provided the funding for the incremental additional cost of replacing the entire width of impacted roadways, as well as the intermittent "gaps" in short sections of roadway where no sewer installation in required. This has been a very successful and cost-effective approach to roadway replacement, resulting in new streets throughout each project area. If the City elects to go forward with the "paveback" program on the 2010 STEP, we estimate that the City's share of the HMA and CSTC will increase by approximately $630,000, assuming that all roads in the project areas must be reconstructed to the proposed new standards. (This is a preliminary estimate, but clearly the additional cost will be substantial.) We urge the City Council to exempt the STEP from the proposed standards for new road construction, and allow the successful historical approach to roadway reconstruction within the program to continue to its completion. SUPPLEMENTAL COMMENTS TO THE CITY OF SPOKANE VALLEY CITY COUNCIL REGARDING PROPOSED ROAD STANDARDS Prepared By Spokane County Division of Utilities November 25, 2009 Dear Mayor Munson and Council Members, The Spokane County Division of Utilities appreciates the opportunity to provide these supplemental comments relative to the proposed new road standards currently under consideration by the City of Spokane Valley. These supplemental comments have been prepared as a result of additional conversation between City staff and County staff. The 2010 Septic Tank Elimination Program (STEP) projects in the City of Spokane Valley include West Farms, South Green Acres, Corbin, and Cronk. These four projects will add approximately 16.3 miles of sewer mains within the City. The 2011 STEP projects within the City include the Green Haven Sewer Project and a portion of the Micaview Sewer Project, with an approximate total length of 6.8 miles. On November 17th, we provided written comments and testimony to the Council regarding the financial impacts that the proposed new standards would have on the STEP. The proposed new minimum pavement section for local access roadways is 3 inches of hot mix asphalt (HMA) overlying 6 inches of crushed rock (CSTC). It is our understanding from our discussions with City staff that this new standard, as currently proposed, would also apply to those roadways removed and replaced in conjunction with the 2010 and 2011 STEP projects. Historically, the road replacement specifications for the STEP have been designed to replace the existing roadways to a condition equal to or better than the road section that was in place prior to construction. Neighborhood streets have been reconstructed with at least 2 inches of HMA and 4 inches of CSTC, even in those areas where the existing section is 1.5 to 2 inches of HMA placed on native material. It has never been the goal of the STEP to absorb the cost of reconstructing all roadways to updated standards. The past practice has been to reconstruct the roads to meet the pre-existing road section, or to a minimum section of 2 inches asphalt over 4 inches gravel. When a decision was made by the County Road Department or the City to upgrade a road design, the additional cost was provided to the Utilities Division. The Division of Utilities is working very hard to keep the Capital Facilities Rate (CFR) for owners of properties in the final years of the STEP (2010 and 2011) in line with the CFR for prior years. As we testified on November 17th, we have estimated that the total increase in pavement and rock costs, based on average 2009 bid prices and our preliminary designs, would be approximately $900,000 for the four projects. (This added cost does not address other impacts of the increased section, including the need to haul off and dispose of surplus material displaced by the deeper section.) The Division of Utilities does not have the additional funds to support this increase in construction cost. In order to fund this additional cost, a surcharge would need to be applied to the CFR billed to many of the property owners within the project areas, or funding for the road upgrades could be provided by the City. On November 17th, we provided a preliminary estimate of the surcharge that could result from the need to cover these additional paving costs. The estimate was $700 per Equivalent Residential Unit (ERU), and that was based on a total preliminary count of 1,280 ERUs within the four projects in the City of Spokane Valley. However, that total count of 1,280 ERUs included properties that are located on gravel roads, as well as properties already served by sewer extensions that were constructed as an advanced phase of the associated STEP project. These property owners should not be subject to any surcharge established for road upgrades, as no road upgrades will be undertaken adjacent to their property. (Gravel roads will be replaced with six inches of crushed rock, in keeping with past practice. For those properties that already have sewer service as a result of a previous sewer extension, no further construction is needed.) Since November 17th, we have refined our ERU counts in each of the four project areas, and we now estimate that approximately 949 ERUs would be affected if a "paving surcharge" is established. The following tabulation presents the revised estimates for the number of ERUs in 2010 project areas that would be subject to a surcharge: West Farms 200 South Green Acres 403 Corbin 285 Cronk 61 TOTAL 949 Using the previous estimate of the increased construction cost of $900,000, the resulting surcharge on the CFR for these property owners would be approximately $950 per ERU, raising the cost from the currently adopted $5,780 per ERU to $6,730 per ERU. We request that the City Council either provide the funding to upgrade the local access roads affected by the STEP to the proposed new standards, or provide an exception for the STEP with regard to the proposed new standards, and allow the successful historical approach to the reconstruction of local access roads within the program to continue to its completion. Thank you for your consideration of these comments. CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO.09-015 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING RESOLUTION 08-022, AND APPROVING AN AMENDED MASTER FEE SCHEDULE WHEREAS, it is the general policy of the City to establish fees that are reflective of the cost of services provided by the City; and WHEREAS, the City uses a resolution to establish fees for City programs, permits and services, and periodically, the fee resolution must be updated to incorporate new or modified services; and WHEREAS, Council desires to modify the Resolution and accompanying Fee Schedule. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. The changes needed at this time are incorporated into the attached schedules and include new fees and changes to existing fees. Section 2. Repeal. To the extent that previous fee schedules are inconsistent with those set forth herein, they are repealed. Section 3. Effective Date. This Resolution shall be in full force and effect on January 1, 2010. Approved this 20th day of October, 2009. ATTEST- CITY 0 SPOKANE VALLEY LA- sald. Christine Bainbridge, City Clerk - • ichard M. Munso , ayor Approved as to form: Office Of the City orney Resolution 09-015 Fee Resolution for 2010 Page 1 of 16 MASTER FEE SCHEDULE Fee Schedule Page No. Schedule A: Planning 3 Schedule B: Building 5 Schedule C: Fire Code 10 Schedule D: Parks and Recreation 12 Schedule E: Administrative 15 Schedule F: Other Fees 15 Schedule G: Police Fees 16 Resolution 09-015 Fee Resolution for 2010 Page 2 of 16 MASTER FEE SCHEDULE Schedule A — Planning FEE AMOUNT AMENDMENTS Comprehensive Plan Amendment $1,500.00 Zoning or other code text amendment $1,500.00 APPEALS Appeal of Administrative Decision $1,050.00 Appeal of Hearing Examiner Findings $315.00 Transcript/record deposit on Appeals of Hearing Examiner Decisions $157.00 ENVIRONMENTAL REVIEW STATE ENVIRONMENTAL POLICY ACT(SEPA) Single Dwelling(when required) $100.00 All other developments $350.00 Environmental Impact Statement(EIS) Review, minimum deposit $2,200.00 Addenda of existing EIS Review $350.00 SHORELINE Substantial Development Permit $840.00 CRITICAL AREAS Floodplain Permit $315.00 + $52.00 per lot OTHER PERMITS Home Occupation Permit and Accessory Dwelling Units(ADU) $84.00 Conditional Use Permit $840.00 Temporary Use Permit $157.00 LAND USE ACTIONS Subdivisions Preliminary plat $2,324.00+ $40.00 per lot Final Plat $1,424.00+$10.00 per lot Time extensions—file review and letter $80.00 Short Plats Preliminary 2 to 4 lots $1,224.00 Final plat 2 to 4 lots $924.00 Preliminary plat 5 to 9 lots $1,424.00+ $25.00 per lot Final plat 5 to 9 lots $1,224.00 + $10.00 per lot Time extensions—file review and letter $80.00 Resolution 09-015 Fee Resolution for 2010 Page 3 of 16 Plat Alteration Subdivision plat $682.00 Short plat $278.00 Binding Site Plan Binding site plan alteration $1,474.00 Change of Conditions $650.00 Preliminary binding site plan $1,674.00 Final Binding Site Plan $924.00 Aggregation/Segregation Lot line adjustment $105.00 Lot line elimination $105.00 Zero lot line $105.00+$10.00 per lot Plat Vacation $1,474.00 SIGNS Review of permanent sign $50.00 + $25.00 if public works review needed Review of temporary sign $50.00 SITE PLAN REVIEW $550.00 STREET VACATION APPLICATION $1,365.00 OTHER Administrative Exception $315.00 Variance $1,575.00 Administrative Interpretations $100.00 Preapplication Meetings $250.00 Deducted from land use application fee is application is filed within one year of preapplication meeting ZONING Zoning map amendments (rezone)* $1,650.00 Planned residential development plan $1,575.00+$26.00 per lot Planned residential development modification $525.00 Zoning letter $210.00 *If rezone is combined with other action(s), cost of other action(s) is additional Resolution 09-015 Fee Resolution for 2010 Page 4 of 16 Schedule B — Building Fee Payment Plan review fees are collected at the time of application. Such fees may be adjusted during plan review. Overages or under payments will be appropriately adjusted at the time of permit issuance. Plan review fees are separate from and additional to building permit fees. Permit fees and any other unpaid fees are collected prior to issuance of the permit. Fees for outside professional services required during the permit process will be paid by the applicant. Examples of outside professional services include review by contract reviewers, special inspection or construction services, consultant services for special topics, surveying or other services required to determine compliance with applicable codes. Fee Refund Policy Plan review fees are non-refundable once any plan review work has been started. Permit fees are non- refundable once work authorized by the permit has begun. Applicants/permit holders of projects eligible for refund must request a refund in writing within 180 calendar days of application submittal or permit issuance. Requests received after 180 calendar days are not eligible for refund. Building plan review fees will be refunded when an eligible request is received in writing. A $35.00 administrative fee will be retained. If the paid building plan review fee exceeds $35.00, the amount for refund will be calculated at the rate of 100%of the building plan review fee paid minus $35.00. Building permit fees will be refunded when an eligible request is received in writing within 180 days of permit issuances. An amount equal to the hourly rate for one hour of staff time as designated in this schedule will be retained. If the building permit fee is less than the amount for one hour of staff time, the building permit fee will not be refunded. If the paid building permit fee exceeds the amount for one hour of staff time, the refund will be calculated at the rate of 95% of the building permit fee paid in accordance with Schedule B of the Master Fee Schedule. FEES GENERAL 1-Hourly Rate for City Employees $61.00 Overtime rate for City Employees (1.5 times regular rate) $92.00 Investigation fee: Work commenced without required permits Equal to permit fee Replacement of lost permit documents Hourly rate; 1 hour minimum Revisions to plans requested by the applicant or permit holder will be charged the hourly rate with a minimum of one hour. Revised plans submitted in response to reviewer correction letters are not subject to the hourly assessment. Washington State Building Code Council Surcharge (WSBCC) $4.50 per permit WSBCC Surcharge(Multi-Family) $4.50 1st dwelling unit+$2.00 each additional unit BUILDING PERMIT: Resolution 09-015 Fee Resolution for 2010 Page 5 of 16 Building permit fees for each project are set by the following fees. The figures below are to be used to determine the building permit fees and plans check fees based on the value of the construction work as stated by the applicant or the value calculated by the Building Official using the latest valuation data published in the Building Safety Journal by the International Code Council, whichever value is greater. Valuations not listed in the Building Safety Journal: Building Type Valuation Per Square Foot Residential garages/storage buildings (wood frame) $19.00 Residential garages (masonry) $22.00 Miscellaneous residential pole buildings $19.00 Residential carports, decks, porches $15.00 Building Permit Fee Calculation Total Valuation Building Permit Fee $1.00 to $25,000.00 $69.25 for first$2,000.00 + $14.00 for each additional $1,000.00(or fraction thereof) Up to and including$25,000.00 $25,001.00 to $50,000.00 $391.25 for first$25,000+ $10.10 for each additional $1,000.00 (or fraction thereof) Up to and including $50,000.00 $50,001.00 to $100,000.00 $643.75 for first$50,000.00+ $7.00 for each additional $1,000.00 (or fraction thereof) Up to and including$100,000.00 $100,001.00 to$500,000.00 $993.75 for first$100,000+ $5.60 for each additional $1,000.00 (or fraction thereof) Up to and including$500,000.00 $500,001.00 to$1,000,000.00 $3,233.75 for first$500,000.00 + $4.75 for each additional $1,000.00 (or fraction thereof) Up to and including $1,000,000.00 $1,000,001 and up $5,608.75 for first$1,000,000.00 + $115 for each additional $1,000.00 (or fraction thereof) Plan Review Fee Calculation % of Building Permit Fee Plans review fee(general) 65% Plans review fee—Group R-3 occupancies(single family less than 7,999 sq ft) 40% Plans review fee—Group R-3 occupancies(single family 8,000 sq ft or more) 65% Plans review fee—Group U occupancies(sheds, barns, et.) 25% Initial Plan Review Fees are capped at $35,000 not including pass-through expenses for outside review as noted in the"Fee Payment"section of this schedule. Resolution 09-015 Fee Resolution for 2010 Page 6 of 16 OTHER BUILDING PERMITS: Over-the-Counter Service $61.00 flat fee Demolition Permit Single Family Residence $46,00 flat fee Commercial Buildings $131.00 flat fee Garage or accessory building associated with residence or commercial building $21.00 flat fee Foundation Only: 25% of building permit fee Swimming Pools, over 5,000 gallons $52.00 + plumbing fees Re-roof(no plan review charge unless submitted for review) Based on Project Valuation Change of Use or Occupancy Classification Permit Hourly Towers, elevated tanks, antennas Hourly GRADING PERMIT: 100 cubic yards(cu yd)or less $21.00 101 to 1,000 cubic yards $21.00 for first 100 cu yd. + $7.00 each additional 100 cu yd 1,001 to 10,000 cubic yards $88.00 for first 1,000 cu yd + $6.00 each additional 1,000 cu yd 10,001 to 100,000 cubic yards $154.00 for first 10,000 cu yd+ $15.00 each additional 10,000 cu yd 100,001 to 200,000 cubic yards $386.00 for first 100,000 cu yd+ $15.00 each additional 100,000 cu yd 200,000 or more cubic yards $528.00 for first 200,000 cu yd + $15.00 for each additional 200,000 cu yd GRADING PLAN REVIEW FEE: 50 cubic yards or less No Fee 51 to 100 cubic yards $12.00 101 to 1,000 $21.00 1,001 to 10,000 $27.00 10,001 to 100,000 $27.00 for first 100,000 cu yd+ $7.00 each additional 10,000 cu yd 100,001 to 200,000 $1 04.00 for first 100,000 cu yd+ $6.00 for each additional 100,000 cu yd 200,001 or more $166.00 Land Clearing Only(without earth being moved) $68.00 Paving Permit(greater than 5,000 sq. ft.--new paving only) $263.00 Resolution 09-015 Fee Resolution for 2010 Page 7 of 16 MECHANICAL PERMIT: Plan review fees for mechanical permits will be collected at the time of application as noted in the "Fee Payment" section of this schedule. Permit fees will be collected when the permit is issued. If submitted as part of a building permit application, the unit costs are added, but not the "basic" fee for issuing the permit. - Mechanical Permit Fees A. BASIC FEES 1. Basic fee for issuing each permit $37.00 2. Basic fee for each supplemental permit $8.00 13. UNIT FEES (in addition to the basic fee) 1. Installation or relocation of Furnaces and suspended heaters a. up to and including 100,000 btu $13.00 b. over 100,000 btu $16.00 2. Duct work system $11.00 3. Heat pump and air conditioner a. 0 to 3 tons $13.00 b. over 3 tons to 15 tons $21.00 c. over 15 tons to 30 tons $26.00 d. over 30 tons to 50 tons 437.00 e. over 50 tons $63.00 4. Gas water heater $11.00 5. Gas piping system $1.00 per outlet 6. Gas log, fireplace, and gas insert installation $11.00 7. Appliance vents installation; relocation; replacement $10.00 each 8. Boilers, compressors, and absorption systems a. 0 to 3 hp- 100,000 btu or less $13.00 b. over 3 to 15 hp- 100,001 to 500,000 btu $21.00 c. over 15 -30 hp-500,001 to 1,000,000 btu $26.00 d. over 30 ph- 1,000,001 to 1,750,000 btu $37.00 e. over 50 hp-over 1,750,000 btu $63.00 9. Air Handlers a. each unit up to 10,000 cfm, including ducts $13.00 b. each unit over 10,000 cfm $16.00 10. Evaporative Coolers (other than portable) $11.00 11. Ventilation and Exhausts a. each fan connected to a single duct $1 1.00 b. each ventilation system $13.00 c. each hood served by mechanical exhaust $13.00 12. Incinerators a. residential installation or relocation $21.00 b. commercial installation or relocation $23.00 13. Unlisted appliances a. under 400,000 btu $52.00 b. 400,000 btu or over $105.00 14. Hood a. Type I $52.00 b. Type Il $11.00 15. LP Storage Tank $11.00 16. Wood or Pellet Stove insert $11.00 17. Wood stove system-free standing $26.00 Resolution 09-015 Fee Resolution for 2010 Page 8 of 16 PLUMBING PERMIT: Plan review fees for mechanical permits will be collected at the time of application as noted in the "Fee Payment" section of this schedule. Permit fees will be collected when the permit is issued. If submitted as part of a building permit application, the unit costs are added, but not the "basic" fee for issuing the permit. A. BASIC FEES 1. Basic fee for issuing each permit $37.00 2. Basic fee for each supplemental permit $8.00 B. UNIT FEES (in addition to the basic fee) 1. Each plumbing fixture on a trap $6.00 each (includes garbage disposals, dishwashers, backflow device, drainage, hot tubs, built-in water softener, water closets, lavatories, sinks, drains, etc.) 2. Water Heater $6.00 each 3. Industrial waste pretreatment interceptor $16.00 (includes its trap and vent, except kitchen type grease interceptors functioning as fixture traps.) 4. Repair or alteration of water piping, drainage or vent piping $6.00 each fixture 5. Atmospheric type vacuum breaker $6.00 each 6. Backflow protective device other than atmospheric type vacuum breakers $6.00 each 7. Medical gas $6.00 per outlet 8. Interceptors $6.00 each RIGHT-OF-WAY PERMIT: A traffic plan and traffic plan review is required if more than 50% of the width of any street is closed or if a single arterial lane is closed. A minimum plan review fee of$61.00 (hourly rate for city employees) applies to all right-of-way permits that require a traffic plan. If additional staff time is required, it will be charged at the hourly rate. Category 1. Non-cut obstruction without clean up $73.00 2. Non-cut obstruction with clean up $110.00 3. Pavement cut obstruction, non-winter $168.00 4. Pavement cut obstruction, winter $210.00 5. Approach Permit $52.00 SIGN PERMIT: Sign permits are subject to assessment of planning division review fees as found in Schedule A. Sign Permits are also subject to the assessment of the WSBCC fee as noted in Schedule B "General" section. Signs mounted on buildings $48.00 per sign(flat fee) Sign and pole mounting $68.00 per sign (flat fee) Resolution 09-015 Fee Resolution for 2010 Page 9 of 16 Schedule C — Fire Code FIRE ALARM, SPRINKLER AND OTHER PROTECTION SYSTEMS City processing fee added to these Fire District I fees $37.00 Plans check and review fees, inspections and permit for installation of separate fire alarm system or sprinkler system applications, and other fire protection systems. Fire Alarm System New Installation 1 to 4 devices $165.00 5 to 100 devices $275.00 Additional 100 devices $55.00 Each additional panel $44.00 Sprinkler supervision only $83.00 Each additional floor $44.00 Fire Sprinkler Systems 1 to 9 heads $58.00 10-49 S182.00 50-100 $303.00 101-200 $358.00 201-300 $385.00 301-400 $413.00 401-500 $468.00 500 and more $550.00+S.36 per head For hydraulically designed systems, multiply the above fee by 2 Non-Suppression Systems Range hoods, halon, CO2, dry chemical, FM 200, intergen spray booths, etc. Unit 1-5 nozzles $110.00 Over 5 nozzles $110.00+ $11.00 per nozzle Bottle(s) $33.00 per bottle Fire Pump Installation: Plan review and inspection fee $550.00 Underground Fire Mains: Plan review and inspection fee $165.00 Standpipes not a part of automatic suppression system: Plan review and inspection $165.00 Resolution 09-015 Fee Resolution for 2010 Page 10 of 16 Other Protection Systems Fire extinguishing system(other than sprinklers) $55.00 +$1.50 per nozzle Standpipe installation Class I and 11 $64.00 Standpipe installation Class Ill $77.00 Storage tank installation: flammable& combustible liquids $70.00 per tank Storage tank installation: hazardous materials $70.00 per tank Liquefied petroleum $70.00 Gaseous oxygen systems $70.00 Nitrous systems $70.00 Medical gas systems $70.00 Hazardous material recycling systems $70.00 Vapor recovery system $60.00 Cryogenic $70.00 Storage tank removal, abandonment or any combination of flammable or combustible liquid storage tanks $105.00 Emergency or standby commercial power generator installation $70.00 PERMITS: Conditional Use Permit $70.00 Temporary Use Permit $70.00 Tents/Canopy Permit $70.00 Event Permit To Be Determined PLANS CHECK AND REVIEW BY THE BUREAU OF FIRE PREVENTION New Commercial plans check and inspection (for projects not mentioned elsewhere) $70.00 LAND USE Subdivision/PUD Preliminary $140.00 Final $70.00 Short Plat Preliminary $140.00 Final $70.00 Resolution 09-015 Fee Resolution for 2010 Page 11 of 16 Schedule D - Parks and Recreation ADMINISTRATIVE FEES Basic fees to be considered when applying rates Administrative Fee $32.00 Refuse Fee $52.00 AQUATICS Pool admission (age 5 and under) free Pool admission (age older than 5) $1.00 Pool punch pass(25 swims) $20.00 Weekend family discount- 1 child under 13 free with paying adult Swimming Lessons $30.00 Swim Team Fee $35.00 Reservation(less than 50 people) $105.00 per hour** Food fee(less than 50 people, if applicable) $25.00 Reservation (50-100 people) $131.00 per hour** Food fee (50-100 people, if applicable) $52.00 Reservation (101-150 people) $157.00 per hour** Food fee (101-150 people, if applicable) $79.00 **Minimum 2 hours ALCOHOLIC BEVERAGE PERMIT $1 0.00 CENTERPLACE Conference Center Wing Auditorium $79.00 per hour Auditorium $475.00 per day Auditorium $236.00 per half day Auditorium w1Presentation System $52.00 per hour*** Auditorium w/Presentation System $315.00 per day*** Auditorium w/Presentation System $158.00 per half day*** Auditorium Deposit $52.00 Executive Conference Room $52.00 per hour Executive Conference Room Deposit $52.00 Meeting Room(day and evening use) $42.00 per hour Meeting Room $263.00 per day Large Meeting Room $75.00 per hour Large Meeting Room $225.00 per half day Large Meeting Room $450.00 per 9 hr. day Meeting Room $131.00 per half day Meeting Room Deposit $52.00 Patio Event Package $300.00 per event Portable Sound System $150.00 per event Platinum Package $500.00 per event ***Requires rental of presentation system, see next page Resolution 09-015 Fee Resolution for 2010 Page 12 of 16 Great Room Kitchen with dining room rental 4105.00 per use Kitchen Commercial use (2 hour minimum) $52.00 per hour Kitchen deposit 452.00 Multi-use/Banquet Hall $105.00 per hour Multi-use/Banquet Hall $840.00 per 9 hr session Multi-use/Banquet Hall $1,575.00 all day(6 a.m.-] a.m.) Small Dining Area $52.00 per hour Deposit $210.00 Stage $21.00 per section per day Stage Removal $150.00 Table Settings(linens and tableware) $3.00 per place setting Senior Center Wing Lounge with Dance Floor $105.00 per hour Lounge with Dance Floor $850.00 per 6 hours Lounge deposit $210.00 Meeting room (evening use) $42.00 per hour Meeting room (evening use) $131.00 per 4 hr session Meeting room (weekend use) $262.00 per day Meeting room (weekend use) $131.00 per half day Meeting room deposit $52.00 Private Dining Room $52.00 per hour Private dining room deposit $52.00 Wellness Center $105.00 per hour Miscellaneous Cleanup fee $52 to $315.00 per event Host/Hostess (after hours) $16.00 per hour Presentation System *** $262.00 per day (includes projector, podium, DVD/VCR sound system, camera system) Room Setup $26.00 per hour Satellite Video Conferencing $262.00 per hour Sound System $42.00 per day Technical Support $42.00 per hour Television/VCR $79.00 per day Touch Pad Voting System $121.00 base station per day+ $1 6.00 per keypad per day per hour LCD Projector $25.00 per hour LCD Projector $100.00 per day Coffee Service $25.00 service Linens Only $5.00 per table Wine glass only rental $.50 per glass Resolution 09-015 Fee Resolution for 2010 Page 13 of 16 EVENTS—includes Pavilion Events include but are not limited to activities such as car shows, tournaments, and activities involving 200 or more people. The Parks and Recreation Director will make the final determination. General Fee $157.00 Non-profit applications $84.00 or free with sponsorship SPECIAL EVENTS: (See Spokane Valley Municipal Code 5.15) National Night Out $5.00 FIELD RENTAL/USE $26.00 15t hour+ $15.00 each additional hour INDOOR USE Open gym admission $2.00 Playground program admission (10 entries) $21.00 MIRABEAU SPRINGS Small shelter and waterfall $250.00 maximum 2 hours Refundable deposit(less than 200 people) $52.00 Event Pictures (for events reserving CenterPlace or Mirabeau Meadows) $150.00 per hour MIRABEAU MEADOWS AND VALLEY MISSION Shelter(less than 200 people) $84.00 Shelter(200 or more people) $157.00 Refundable deposit(less than 200 people) $52.00 Refundable deposit(200 or more people) $257.00 PICNIC SHELTERS Less than 200 people $84.00 for 5 ours 200 or more people $157.00 Refundable deposit(less than 200 people) $52.00 Refundable deposit(200 or more people) $257.00 VALLEY MISSION ARENA Rental(Renter responsible for on-site preparation. Requires liability insurance) $105.00 per weekend Refundable deposit $52.00 PROFESSIONAL PHOTOGRAPHY—Permit fee $26.00 annual RECREATION Recreation program fees are set to recover costs as specified in the Parks and Recreation revenue policy. Resolution 09-015 Fee Resolution for 2010 Page 14 of 16 Schedule E —Administration COPY FEE: Copy of audio tapes, video tapes, DVD, CD's, etc. At Cost Copy of written documents (see Spokane Valley Municipal Code 2.75.070) $.15 per page Copy large format documents $3.00 per page NSF Check return fee $26.00 Schedule F— Other Fees BUSINESS REGISTRATION Business Registration $13.00 annual Nonprofit Registration $3.00 annual Late Business Registration Fee: (charged in addition to the business registration fee)(SVMC 5.05.050) Failure to pay the registration fee by the applicable date shall result in a late fee of 50% of the annual registration fee. Failure to pay the annual fee may result in non-issuance of a Washington State license, as determined by the Washington State Department of Licensing. Adult Entertainment Establishment License, Live Adult Entertainment $1,575.00 Establishment License, Adult Arcade $1,575.00 Adult Arcade Device License $157.00 Manager License $1 57.00 Entertainer License $1 57.00 Late Adult Entertainment License Fee: (charged in addition to the license fee) 7 to 30 calendar days past due 25% of license fee 31 to 60 calendar days past due 50% of license fee 61 and more calendar days past due 75%of license fee TOW OPERATOR REGISTRATION FEE $105.00 annual OVERSIZED LOAD PERMIT FEE $26.00 STORMWATER UTILITY CHARGE ON DEVELOPED PARCELS: Each single-family unit $21.00 annual All other properties each $21.00 per 3,160 sq. ft impervious surface Resolution 09-015 Fee Resolution for 2010 Page 15 of 16 Schedule G— Police Fees Alarm system registration Residential alarm systems $25.00 annual Commercial alarm systems $35.00 annual If the alarm site has no false alarms during the registration year, the following year's registration fee will be reduced to $15.00 per year for residential, and $25.00 per year for commercial.] Discounted alarm registration fees The annual registration fees and false alarm cost recovery fees are reduced by 50% for eligible citizens. To qualify for the fee reduction, an eligible person a. has a gross annual income of less than $19,100 for a one-person household or b. has a gross annual income of less than $21,850 for households of two or more persons or c. is substantially disabled, meaning that the person has a physical or mental impairment which substantially limits one or more major life activities or functions, such as caring for oneself, performing manual tasks such as walking, seeing, hearing, speaking, breathing and learning. Appeal regarding a false alarm $25.00 Service fees for response to a false alarm: Residential false alarm incident $85.00 per incident Commercial false alarm incident $165.00 per incident Resolution 09-015 Fee Resolution for 2010 Page 16 of 16