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HomeMy WebLinkAbout1/25/2011 - City Council - City Council Meeting Agenda Packet0 25 • • • CITY OF EAST WENATCHEE REGULAR COUNCIL MEETING AGENDA JANUARY 25, 2011 6:30 P.M. ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS BUDGET ISSUES DEPARTMENT REPORTS Community Development Community Development Director Lori Barnett — Downtown Business meeting Finance Department Finance Director Nick Gerde — Financial Report for the month of December and twelve months ending December 31, 2010. MAYOR'S REPORT CONSENT CALENDAR 1. Consideration of Minutes — Regular Session, January 11, 2011 2. Consideration of Payables and Payroll ACTION ITEMS 3. 11-01-03 Authorization for the Mayor to sign a contract between the City of East Wenatchee and Tony DiTammaso and Nicholas Yedinak for Public Defender Services. (Nick Gerde, Finance Director) 4. 11-01-04 Authorization for the Mayor to sign an Advertising Dollar Volume Agreement with The Wenatchee World for advertising. (Devin Poulson, City Attorney) 5. 11-01-05 Authorization for the Mayor to sign a Fuel Tax Grant Distribution Agreement with the State of Washington Transportation Improvement Board for the Eastmont — Grant Road to 3Ta Street NE project. (Don McGahuey, Public Works Director) COUNCIL REPORTS EXECUTIVE SESSION Complaint against public employee Pending litigation ADJOURNMENT In compliance ivith the Americans Mth Disabilities Act, if you need special assistance to participate in this meeting please contact the Citv Clerk at 50.9-884-9515. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting: Page 1 of 1 CITY OF EAST WENATCHEE, WASHINGTON REGULAR SESSION OF THE CITY COUNCIL CONVENED MAYOR PRO TEMPORE DENNIS HENDRICKS, PRESIDING JANUARY 11, 2011 6:30 P.M. ROLL CALL Mayor Pro Tempore Dennis Hendricks Councilmember Sandra McCourt - excused Councilmember Wayne Barnhart Councilmember Chuck Johnson Councilmember George Buckner - excused Councilmember Harry Raab Councilmember Dave Bremmer EMPLOYEES IN ATTENDANCE City Attorney Devin Poulson City Clerk Dana Barnard City Treasurer/Finance Director Nick Gerde City Engineer Don McGahuey Municipal Court Judge Chancey Crowell Clerical Assistant Catalina Garibay PLEDGE OF ALLEGIANCE PRESENTATION Craig Larsen Executive Director, Wenatchee Valley Chamber of Commerce, introduced Board President Gary Ivory. Mr. Larsen gave a year end update for the Chamber of Commerce and noted that the Chamber of Commerce offices will be moving to 2 S. Mission Street, Wenatchee. PUBLIC COMMENTS Ken Dominguez, 838 Valley Mall Pkwy., East Wenatchee, owner of Clearwater Steakhouse & Saloon said the downtown area needs help with parking and a facelift. He suggested diagonal parking, trees, lighting, a downtown theme, fix up the City owned parking lot, purchase lot adjacent to City Parking lot. He said at one time the City looked at the possibility of building a three story parking garage in that area. Mr. Dominguez said there are several empty buildings downtown and no one seems to be doing anything. Councilmember's discussed having a discussion with downtown Business Owners, the City Engineer, the Planning Director, and other professionals to see what could be done and how it could be financed. Councilmember Barnhart asked Mayor Pro tempore to report back to Mayor Lacy regarding this discussion as he may have some lead ideas of what the plans are for that area. CONSENT CALENDAR Items listed below were distributed to Councilmember's in advance for study and were enacted in one motion. 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POISE OH •suuoj?un ooiTod of 2uiuuai3 AJP io3 00£$ JDAo ftfiud Si ICI?O aql p?us muzuiazg iaquiaiujpunoD •papton WOM goago solquXud ON *I Z*OLL'gt,$ 30 lunouxu Tulol aql u? £LOZ£ g2nojgl b90Z£ siaquznu xoago o ozddu saop I?ounoD I IOZ `I i �junuu f olup sTgl jo sd — saTqu ud T i0Z ?? pap?oA sum ZL81£-mquinu ipop aigvAud •8Z'608`ZSI$ jo lunowu iulol oql u? `£90Z£ giinoxgj 896 T £ Puu `- 1161 £ snqumu �oago aAojddu saop I?ounoD I IOZ `i i Ajunuuf `alup s?ql �o sd — saTqu ud OIOZ T iiojAud puu sojquAud jo uo?Iujap?suoD •Z OIOZ `t,I JOquiaoaQ `uoissaS iujag-d — salnuiWjo uoiluiap?suo� .I •0-9 `Pa?.uuo uoiloui aqZ 'paluasaad su lupuaTuo luasuoo aql aAozddu of `vuqujug jaqutaiujpuno0 Aq puooas `uosugof mqui3ugpuno0 Xq apum sum uotlow V :uo,13V Iiaunoj I I0Z `I I 'k-avflwf SH.LfMw IION[I00 HHHO LVNHM .LSVJ d0 AID CITY OF EAST WENATCHEE COUNCIL MINUTES JANUARY 11, 2011 • RESOLUTION NO.2011-02 A RESOLUTION OF THE CITY OF EAST WENATCHEE, WASHINGTON, DESIGNATING THE PUBLIC ENTITIES, FOR SALARY PURPOSES THAT ARE COMPARABLE TO THE CITY, CONTAINING A SEVERABILITY CLAUSE, AND ESTABLISHING AN EFFECTIVE DATE. Council Action: A motion was made by Councilmember Johnson, second by Councilmember Raab, to adopt Resolution No. 2011-02 designating public entities, for salary purposes that are comparable to the city. Council Action: A motion was made by Councilmember Hendricks, second by Councilmember Bremmer, to amend the motion to remove West Richland and replace it with the State of Washington. City Attorney Devin Poulson objected to the amended motion stating that it does not meet the criteria. He said in Section 2 of the resolution it establishes the criteria for how we pick these cities and these public entities. The State of Washington does not fit in any of the criteria as the State tax and the assessed value are different. Call for the Question of the amended motion: The motion failed 1-4. (Raab, is Johnson, Bremmer, Barnhart) Call for the Question of the original motion: The motion carried 5-0. COUNCIL REPORTS Councilmember Raab reported on the Executive Technical Advisory Committee meeting held on January 6, 2011. He said the purpose of the meeting was to discuss the current status of the Countywide Solid Waste Program to determine what programs and/or staffing changes need to be made in order to bring the expenditures in balance with the projected revenues for 2012. He said with the anticipated loss of all the traditional funding from the State and the uncertainty of continued Department of Ecology grant funding the combined shortfall for 2012 stands at $85,000. At this time Countywide Solid Waste does not receive any Administration and Implementation (A&I) fees as there are sufficient funds coming in from the Greater Wenatchee Regional Landfill. He said there are four options for coming up with a solution. The committee chose option one, which would consist of the Program Director working five days with a 30% reduction to the Program Directors salary, and the other two employees working three days a week. He added that there will be another meeting on January 200' to decide which choice each of the participating entities agrees to. The following reports/minutes were submitted in writing prior to the City Council meeting. • Councilmember Buckner — North Central Washington Economic Development District meeting from November 10, 2010, and from North Central Washington Resource Conservation & Development meeting from December 8, 2010. • Councilmember Barnhart— RiverCom 911 meeting minutes from December 8, 2010. tb • • 'IJOID STD paeureg PunQ 'T.u'd OZ:L— I NHPOaMOMV 'OTOZ `S I iagUIQAON uioa3 sainuiui BuilaaM Ioi.rlsTQ TRIMH sujSnoQ uulogo — IZnoDow iagTuouq!ounoD IIOZ `I I A-dvfhwf SHI.f1NIIW'IIONnOD Ha IOLVM9t1 LSVH 30 AID 4 4 4 CITY OF EAST WENATCHEE WARRANT REGISTER 2011 PAYABLES 25-Jan-11 ►ARRANT NUMBERS: 32074; 32117-32171 OIDED WARRANTS: NONE DEPARTMENT/FUND ACCOUNT NUMBER AMOUNT 0.00 5391.28 9,524.55 Current Expense Fund: 001 000 000 General Government Department 001 000 001 Legislative Department 001 000 110 Municipal Court Department 001 000 120 1,869.12 135.00 902.26 City Clerk Department 001 000 140 Internal Services Department 001 000 141 Finance Department 001 000 142 2,400.00 001 000 145 633.19 Legal Services 001 000 151 - Civil Service 001 000 160 - Central Services Department 001 000 180 5,177.70 Police Department 001 000 210 9,762.15 Detention (Jail Services) 001 000 230 204.00 001 000 250 - Storm Water Utility 001 000 310 001000311 - 001 000 315 1,992.26 Engineering Services 001 000 320 - Planning Department 001 000 580 - ode Compliance Department 001 000 590 4,170.00 gency Disbursements 001 001 000 28,340.90 Current Expense Fund Total 70,502.41 Street Fund: 050 000 312 615.25 Street Maintenance 101 000 420 13,164.25 Street Administration 101 000 430 382.26 Street Construction 101 000 950 - Street Fund Total 14,161.76 Other Funds: Fund Comm Devel Grants Fund 102 000 000 0.00 Library Fund 112 000 000 447.95 Hotel/Motel Tax Fund 113 000 000 - Drug Fund 114 000 000 - D.A.R.E. Fund 115 000 000 - Criminal Justice Fund 116 000 000 - East Wenatchee Events Board 117 000 000 421.86 Capital Improvement Fund 314 000 000 75.74 124.07 1,069.62 Street Improvement Fund 301 000 000 Other Funds Total ----------------- Grand Total All Funds 85,733.79 • Fund Transaction Summary Invoice Fiscals: 2011 - January - 2nd pay January 001-000-001 Sub -Department 001-000-110 Sub -Department 001-000-120 Sub -Department 001-000-140 Sub -Department 001-000-141 Sub -Department 001-000-142 Sub -Department 001-000-145 Sub -Department 001-000-180 Sub -Department 001-000-210 Sub -Department 001-000-230 Sub -Department 001-000-315 Sub -Department 001-000-590 Sub -Department 001-001-000 Department 050-000-312 Sub -Department 101-000-420 Sub -Department 101-000-430 Sub -Department 112-000-000 Library Fund 117-000-200 Sub -Department 117-000-300 Sub -Department •117-000-400 117-000-500 Sub -Department Sub -Department 301-000-000 Street Improvement Fund 314-000-000 Capital Improvement Fund Count: 23 • Execution Time: 14 second(s) Printed by EASTWENATCHEE\tallen on East Wenatchee - Fund Transaction Summary $5,39128 $9,524.55 $1,869.12 $135.00 $902.26 $2,400.00 $633.19 $5,177.70 $9, 762.15 $204.00 $1, 992.26 $4,170.00 $28, 340.90 $615.25 $13,164.25 $382.26 $447.95 $41.67 $41.67 $63.98 $274.54 $124.07 $75.74 $85,733.79 Page 1 of 1 • LO O (D N N 0 CO 00 Ln m M O O 'IT 10 N N O O N 0'q LO N Cl) M Ln LO Ln Ln W N N cD (D 6 O) CT) �t N n M O OA 00 00 414 N N '. • 69 69 6s 6A Lj) N O co .; Ln CD O a) Cl) M Efi 6f! 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C O UN O N O L O d O N w r O N �p tD 3 c 3 f0 � q O N C C, F— C M m .0 06 o O O O O U m o F- x co 0o 0o 0o 0) Co tDOwti � e � � M lC) 1A LO LO M co M M M h EA ff) fR vi, L 00 O O O d Q U O O (o Q 0) C7 � Vl O JN O L O Q� O 'a O U o 00 r- N C O> O 00 LO O r-- N U oNi C L o f� a O F- 7 Go ^7 0 N v E F= c 0 X W Fund Transaction Summary CITY OF EAST WENATCHEE CHECK REGISTER 2010 PAYABLES COUNCIL DATE: January 25, 2011 CHECK NUMBERS: 32076-32077 VOIDED CHECKS: none 001 Current Expense Count: 1 . f $7,247.25 $7,247.25 Printed by EASTWENATCHEE\\tallen on 1/6/2011 10:27:03 AM Execution Time: 57 second(s) East Wenatchee - Fund Transaction Summary Page 1 of 1 L ONJULT114IAHU 6AOOp.INC • 4 Kittitas Street, Suite 201 Wenatchee, WA 98801 Bill To: City of East Wenatchee Attn: Lori Barnett 271 Ninth Street NE East Wenatchee, WA 98802 Invoice EDate Invoice # 1 /7/201 1 1990 Item Description T��l Rate Amount Senior Planner -Nat Re... 2.5 75.00 937.50 y Pia , 2p11 s� WENP�G E OF EP Stol. Total $937.50 LO C) O M �D 0 Q N I O O (;N— rno W N Q .. .. po H al •r•I � (d a� w EU-P -N O H 1, 9 4-)0 ;� ;:$ m> O O �X E E U H rs Q Ui o LLJ — U o N j Q' P; LLJ w U') Pq Z w - O U ) H W I— A 0 a LH Z a) H U j •r•I LL. 0 J O > H LW N Ek:: 0 Q -P LLJ ;% p U co M 1.4 N O H o H CO >+ H CO H rn HX U W rt X � H W Ott w W W W x x x Ux U HH H .saAve a • X Rs X WP4ix w 3 E-I 3 .. m HX H V2 H V2 _ rS H 1.4 W F4 N W V2 H X W X H V2 W a a H 0.7 H X A 0 z I Ln Ln [� [, M O I- O 6� C1, N I O O O -.D M M M a) kD LO .- [- --r "c; M [- �D kD O —,m fPr U 11 II 11 I O r- O aJ m O C2 W > A •• �C ro 0 A 0 rl U H 0 V2U x# 4 XXA (d �I m o4 W X H O 04 0 O R7 O O > E-I Q 4, H >_ O O h (d al 1I> !iF �iF V2 al P4 't7 al w ro a w •� :3 LLJ a) al (d Q Ln U +� -P H V2 1; 41 al 4i � o H � 3 (d a) P4 U Z t~ � Ln Ln (d c rn m 4. co (� O O I M M r I N LLJ -i 0 U7 �D �D (d Q LLJ O J -k.0 0— V) M 9 1 0 -P IL m O a U 01 U Z u: m Lu al U .H < W V2 V2 W >1 H 0 Q LL Pd W •• O -P (d 0*- (d M V2 V2 E t�-•-•• W m N (14 U L7 L� -P O 1 X P4 K LH -• H Q a) K O P4 x E H LO W U CO Ln x (d 'H ON o O W 14 0 (71 W a M N 4):a Q KN3 >4 r- O H 0 A A P0G4 N O a) (d Pa E \ X a m a > x a (d WOH 0 U H w PNO \ W O .—I �— H H P4 0 7th, 8th, and 9th Grade Students & Adults from Wenatchee Valley Cultural Experience of a lifetime Aug 11— 21, 2011 • Enjoy 7 days touring Tokyo and Misawa representing the Wenatchee Valley as a delegate to Misawa, Japan, our sister city. • As an honored guest of Misawa: you will visit the Aviation & Science Museum; tour "Miss Veedol" historic sites and the Joint US — Japanese Air Force Base, Misawa, and participate in Misawa's Summer Festival Parade's and much, much more. • Experience Japanese culture as a member of your Misawa host family. Submit your application today! -SOW %ftwovoi Application available at www.wenatcheevalleymisowa.org and at your school. . Application deadline February 1, 2011 For more info call Teresa at 886-6102 or tallen@East-Wenatchee.com Mayor Lacy with Wenatchee Valley delegates and Misawo host families PAYMENT OF AND CONSIDERATION OF BILLS CITY OF EAST WENATCHEE, WASHINGTON 2010 & 2011 PAYABLES & 2010 PAYROLL CERTIFICATION I, the undersigned do hereby 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 a just, due and unpaid obligation, and that I am authorized to authenticate and certify to said claim for the City of East Wenatchee. Signed -e Nick erde, reasurer/Finance Director Date : January 25, 2011 Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded in a listing, which has been made available to Council. 2010 Pa- ay tiles As of this date, January 25, 2011, Council does approve check numbers 32076 and 32077 in the total amount of $7,247.25. No payables checks were voided. 011 Pa ables As of this date, January 25, 2011, Council does approve check numbers 32074 and 32117 thru 32171 in the total amount of $85,733.79. No payables checks were voided. 2010 Payroll As of this date, January 25, 2011, Council does approve check numbers 31656 thru 31694 and 31731 thru 31796 in the total amount of $366,015.44 for November 2010 payroll. Approved by motion: vtm—'�Vrl/- Councilmember Signature 110-k Kt 5 0► 1 Approved by second motion: Ai-aAAA,Z x, 61-4k Councilmember Si ature Rp ZLJ,�, F COMMUNITY DEVELOPMENT DEPARTMENT 271 9th Street NE * East Wenatchee, WA 98802 Phone (509) 884-5396 * Fax (509) 886-6113 LBarnett@east-wenatchee.com You are invited to a meeting of East Wenatchee business owners and city officials to discuss an organizing effort for "Old Town". Are you interested in attracting more customers to your business? Are you interested in working with other business owners to set goals and identify improvements to enhance the Old Town area? Please attend this important meeting: Where: Clearwater Steakhouse & Saloon 838 Valley Mall Parkway, East Wenatchee When: Noon on February 1, 2011 • Return Document to: Douglas County TLS 140 19th St. N.W. East Wenatchee, WA 98802 Document Title: Interlocal Cooperative Agreement — Fueling Cooperative Related documents: N/A Grantor: Douglas County Grantees: Douglas County Fire District No. 2; Public Utility District No. 1 of Douglas County; East Wenatchee Water District; Eastmont School District; Orondo School District; Palisades School District; Pangborn Memorial Airport; Port of Douglas County, Greater Wenatchee Irrigation District Legal Description: N/A Parcel Number(s): N/A INTERLOCAL COOPERATIVE AGREEMENT ESTABLISHING FUELING COOPERATIVE This Agreement is made by and between Douglas County, Washington, a political subdivision of the State of Washington, and the Douglas County Fire District No. 2, the Public Utility District No. 1 of Douglas County, the East Wenatchee Water District; the Eastmont School District; the Orondo School District; the Palisades School District; the Pangborn Memorial Airport; and the Port of Douglas County, each being a Washington municipal corporation, each referred to as a Member or, collectively, as Members. WHEREAS, the County is a municipal corporation organized and existing under the Washington State Constitution and the laws of the State of Washington, and particularly those set forth at RCW Title 36; WHEREAS, the remaining Members are municipal corporations duly organized and existing under the laws of the State of Washington, and are located within the County; WHEREAS, the Members wish to enter into an agreement to establish a fueling cooperative under the authority of RCW Chapter 39.34 to purchase, store and dispense motor vehicle fuels; WHEREAS, the legislative authority of each Member has authorized the execution of this Agreement by action taken at a regular meeting; NOW, THEREFORE, in consideration of the premises and promises, terms and conditions set forth below, it is hereby agreed as follows: INTERLOCAL COOPERATIVE AGREEMENT ESTABLISHING FUEL COOPERATIVE (12012010) -1 1. • ARTICLE I PURPOSE 1.01 The purpose of this Agreement is to set forth the terms and conditions under which the Members shall cooperatively purchase, store and dispense motor vehicle fuels. 1.02 This Agreement does not establish a new, separate legal entity and does not create or transfer any rights in the property or assets of the Members. ARTICLE II MEMBERS 2.01 Each party executing this Agreement is a Member of the Fueling Cooperative. 2.02 The Fueling Cooperative may admit new Members upon the affirmative vote of two-thirds (2/3) of the Administrative Council and the new Member executing a duplicate copy of this Agreement. A new Member shall contribute to the Costs for Initial Development incurred by the Members upon such terms and conditions as are imposed by the Administrative Council's affirmative vote. . ARTICLE III rt '$ DUTIES OF THE MEMBERS 3.01 Each Member shall,;., t. A. Contribute to the initial capital of the Fueling Cooperative. B. Contribute to the annual operating budget of the Fueling Cooperative. C. Appoint a representative to the Administrative Council. D. Pay all monthly Fueling Cooperative billings within 30 days after receipt. Late payments shall be subject to a five percent (5%) late payment penalty. ARTICLE IV ADMINISTRATION 4.01 Appointment and Authority of Lead Agency. The County is the Lead Agency. A. The Lead Agency shall be responsible for day-to-day operations of the Fueling Cooperative and provide such employees as are necessary for such operations. i INTERLOCAL COOPERATIVE AGREEMENT ESTABLISHING FUEL COOPERATIVE (12012010) - 2 1. B. The Lead Agency shall administer the policies and procedures of the Fueling Cooperative. C. The Lead Agency shall be the fiscal agent for the Fueling Cooperative. The Lead Agency shall submit budget reports and proposed budgets to the Administrative Council, receive and disburse funds, maintain all books and records related to the Fueling Cooperative and its operations, and provide all required accounting and auditing services. All Fueling Cooperative books and records shall remain with the Lead Agency upon termination of this Agreement. D. The Lead Agency shall have the option to withdraw as Lead Agency. A new Lead Agency shall be appointed by the affirmative vote of a majority of the members. 4.02 Authority Vested in Administrative Council. The Members hereby establish an Administrative Council for the purpose of implementing this Agreement. A. The Administrative Council shall be composed of one representative from each Member. The Chair of the Administrative Council shall be the representative of the Lead Agency. B. The Administrative Council shall: • i. Ensure the Fueling Cooperative is operating in a manner consistent with terms, conditions and goals of this Agreement. ii. Review and approve operating rules and procedures of the Fueling Cooperative. iii. Review and approve the annual budget of the Fueling Cooperative, including operating, capital and reserve budgets. iv. Review and approve the per gallon price schedule and surcharges, if any, imposed upon fuel usage by Members and non -Members. v. Determine the terms and conditions upon which new Members may be admitted to the Fueling Cooperative. ARTICLE V FINANCING AND BUDGETS 5.01 Financing. The Members shall contribute to the finances of the Fueling Cooperative in proportion to annual fuel usage. A. Costs for Initial Development. The costs of initial development of the fuel storage site, including site acquisition and development, storage facilities, INTERLOCAL COOPERATIVE AGREEMENT ESTABLISHING FUEL COOPERATIVE (12012010) - 3 equipment and other reasonable and necessary expenses, shall be billed to and contributed by the Members based upon the following: Agency Jan — Dec'2010 [coi l Gallons percent Douglas Count Douglas County Fire District #2 Douglas County PUD East Wenatchee Water District Eastmont School District Orondo School District Palisades School District Pangborn Memorial Airport Port of Douglas Count Total 100% B. Operating Costs. Operating costs of the Fueling Cooperative shall be the total cost of operating the Fueling Cooperative program. Such costs shall include fuel purchases, federal and state fuel taxes, site utilities, site insurance, inspections and maintenance of the site and equipment, legal services, billing services, accounting services and auditing services. The costs incurred by a iMember for participation in the Administrative Council shall not be included as an operating cost of the Fueling cooperative or otherwise reimbursed to the Member. Operating costs incurred by the Lead Agency shall be billed to and reimbursed by the Fueling Cooperative based upon actual expenses incurred, plus 10 percent of direct labor for payment of administrative overhead representing occupancy, telephone, copying, information technology and other indirect support costs. Actual expenses for labor shall include wages, benefits and all employer taxes on a per hour basis. Operating costs shall be offset by any federal, state, local or private allotments and contributions received by the Lead Agency expressly for the operation of the Fueling Cooperative. C. Equipment Purchases. The Lead Agency shall provide for equipment purchases, as current expenditures and as capital expenditures, as line items in the proposed annual budget submitted to the Administrative Council for review and approval. D. Reserve Fund. The Lead Agency shall provide for a reserve fund as one or more line items in the proposed annual budget submitted to the Administrative . Council for review and approval. INTERLOCAL COOPERATIVE AGREEMENT ESTABLISHING FUEL COOPERATIVE (12012010) - 4 E. Revenues. Revenues of the Fueling Cooperative shall consist of the following: i. Revenue from the use of fuel by Members. ii. Revenue from the occasional the sale of fuel to non -Member public agencies. iii. Federal, state, local or private grants, funding and contributions received by the Lead Agency or a Member expressly for operation of the Fueling Cooperative. F. Gifts. The Fueling cooperative may receive gifts or cash, equipment, property and services from any source whatsoever, subject to acceptance by the Lead Agency. 5.02 Fund Designations. All monies received by the Lead Agency shall be held in special funds designated as a "Fueling Cooperative Fund" and further designated as an operating, capital or reserve fund. 5.03 Budget. The Administrative Council shall adopt an annual budget. Operating expenditures by the Lead Agency shall conform to the annual budget. • 5.04 Accounting. All accounting procedures shall be in accordance with applicable federal and state requirements, Generally Accepted Accounting Principles (GAAP), state law, and methods prescribed by the Washington State Budgeting, Accounting and Reporting System (BARS[ CU2) ). ARTICLE VI DURATION, TERMINATION, WITHDRAWAL AND DISSOLUTION 6.01 Duration. This Agreement shall commence upon its execution by the Members and filing as required by RCW Chapter 39.04. This Agreement shall expire on December 31, 2015. 6.02 Termination. This Agreement may be terminated prior to expiration by the written agreement of the Members. 6.03 Withdrawal. A Member may withdraw from the Fueling Cooperative by serving written notice of the Member's withdrawal on the other Members prior to July 1. Withdrawal shall become effective on December 31. The withdrawing Member shall not be entitled to any disbursement of Fueling cooperative assets on withdrawal and such assets shall become the property of the remaining Members. • 6.04 Distribution of Assets. Upon expiration or early termination of this Agreement, the Lead Agency shall "wind up" the Fueling Cooperative. The assets of INTERLOCAL COOPERATIVE AGREEMENT ESTABLISHING FUEL COOPERATIVE (12012010) - 5 the Fueling Cooperative shall be sold and liabilities paid. Net proceeds shall be distributed to the then current Members based upon their proportionate contributions to the Fueling Cooperative. ARTICLE VII INDEMNITY 7.01 Claims. To the extent of its comparative liability, each Member shall indemnify, defend and hold the other Member, its departments, elected and appointed officials, employees, and agents, harmless from and against any and all claims, damages, losses and expenses, including attorney's fees, for any bodily injury, sickness, disease, or death, or any damage to or destruction of property, including the loss of use resulting therefrom, which are alleged or proven to be caused in whole or in part by a negligent act or omission of its officers, directors, and employees. This indemnification obligation shall not apply in the limited circumstance where the claim, damage, loss and/or expense is caused by the sole negligence of either Member. ARTICLE VIII PERFORMANCE OF AGREEMENT 8.01 Compliance with All Laws. Each Member shall comply with all federal, state and local laws, rules, regulations and ordinances applicable to the performance of • this Agreement, including without limitation all those pertaining to wages and hours, confidentiality, disabilities and discrimination. 8.02 Maintenance and Audit of Records. Each Member shall maintain books, records, documents and other materials relevant to its performance under this Agreement. These records shall be subject to inspection, review and audit by either Member or its designee, and the Washington State Auditor's Office. Each Member shall retain all such books, records, documents and other materials for five (5) years following the termination of this Agreement. 8.03 On -Site Inspections. Either Member or its designee may evaluate the performance of this Agreement through on -site inspection to determine whether performance is in compliance with the standards set forth in this Agreement, and in compliance with federal, state and local laws, rules, regulations and ordinances. 8.04 Improper Influence. Each Member agrees, warrants and represents that it did not and will not employ, retain or contract with any person or entity on a contingent compensation basis for the purpose of seeking, obtaining, maintaining or extending this Agreement. Each Member agrees, warrants and represents that no gratuity whatsoever has been or will offered or conferred with a view towards obtaining, maintaining or extending this Agreement. INTERLOCAL COOPERATIVE AGREEMENT ESTABLISHING FUEL COOPERATIVE (12012010) - 6 8.05 Conflict of Interest. The elected and appointed officials and employees of the Members shall not have any personal interest, direct or indirect, which gives rise to a conflict of interest. ARTICLE IX DISPUTES 9.01 Time. Time is of the essence of this Agreement. 9.02 Waiver Limited. A waiver of any term or condition of this Agreement must be in writing and signed by the Member. Any express or implied waiver of a term or condition of this Agreement shall apply only to the specific act, occurrence or omission and shall not constitute a waiver as to any other term or condition or future act, occurrence or �omissiOH [Gc31. 9.03 Dispute Resolution. In the event a dispute shall arise regarding the terms, conditions or interpretation of this Agreement, it shall be resolved as follows: A. The dispute shall first be presented to the Administrative Council within thirty (30) days after the dispute arises. A vote on the issue shall be taken at the next scheduled Council meeting. B. A Member aggrieved by the decision of the Administrative Council may • submit the dispute to arbitration pursuant to RCW Chapter 7.04, except as hereafter modified. It is the intent of the Members that arbitration shall be the sole forum and venue for all disputes concerning the interpretation or administration of this Agreement. The Lead Agency shall represent the Fueling Cooperative during arbitration. Such arbitration shall be before one disinterested arbitrator mutually agreed upon and appointed by the aggrieved Member and the Lead Agency on behalf of the Fueling Cooperative. If a mutually acceptable arbitrator cannot be agreed upon, the Member or Lead Agency may apply to the Douglas County Superior Court upon not less than five (5) days written notice for appointment of an arbitrator. The judicial appointment shall be final, conclusive and binding. The controversy shall be resolved and determined by the arbitrator in accordance with the laws of Washington as applied to the facts found. Remedies, both equitable and legal, including injunctive relief, may be granted by the arbitrator. Each party shall pay one-half of the costs of the arbitrator, including but not limited to the arbitrator's fee. Each party shall pay its own attorney's fees and costs. The decision of the arbitrator shall be final, conclusive and binding on the parties and a judgment confirming the decision may be entered in the Douglas County Superior Court. 9.04 Governing Law. This Agreement shall be governed exclusively by the laws of the State of Washington. ARTICLE X 40 GENERAL PROVISIONS INTERLOCAL COOPERATIVE AGREEMENT ESTABLISHING FUEL COOPERATIVE (12012010) - 7 10.01 Assignment. Neither Member may assign its rights or delegate its duties under this Agreement, whether by assignment, further, subcontract or other means. Any such attempted assignment or delegation shall be void and shall constitute a material breach of this Agreement. 10.02 Entire Agreement. This Agreement constitutes the entire agreement between the Members. There are no understandings or agreements between Members other than those set forth in this Agreement. No other statement, representation or promise has been made to induce either Member to enter into this Agreement. 10.03 Modification. This Agreement may not be amended, supplemented or otherwise modified unless expressly set forth in a written agreement signed by not less than two-thirds (2/3) of the Members and authorized be each Member's legislative authority. 10.04 Invalid Provisions. The invalidity or unenforceability of any particular term or provision of this Agreement shall not affect the validity or enforceability of any other term or provision and this Agreement shall be construed in all respects as if such invalid or unenforceable term or provision was omitted. 10.05 Filing. Pursuant to RCW 39.34.040, this Agreement shall be filed with the . Douglas County Auditor prior to its entry into force. This Agreement shall also be filed with the Clerk of each Member. DOUGLAS COUNTY, WASHINGTON Adopted: • BOARD OF COUNTY COMMISSIONERS Chair Vice Chair Commissioner ATTEST: Clerk of the Board • APPROVED AS TO FORM: INTERLOCAL COOPERATIVE AGREEMENT ESTABLISHING FUEL COOPERATIVE (12012010) - 8 0 • I[GC4] Prosecuting Attorney INTERLOCAL COOPERATIVE AGREEMENT ESTABLISHING FUEL COOPERATIVE (12012010) - 9 0 lJ COUNCIL AGENDA BILL # PRESENTER: POSITION: CITY OF EAST WENATCHEE CITY COUNCIL AGENDA BILL 11-01-03 Nick Gerde Finance Director AGENDA ITEM # AGENDA DATE: DEPARTMENT: 3 January 25, 2010 Finance TITLE: Authorization for the Mayor to sign the "Public Defender Contract" on behalf of the City for the period January 1, 2011 thru December 31, 2012. BACKGROUND/HISTORY: The City contracts for public defender resources within the Municipal Court operations. The Mayor has negotiated this contract to extend for a two-year period, from January 2011 thru December 2012, at an annual cost of $96,000. The two attorneys for this contract are the same as in the prior contract. EXHIBITS: Public Defender Contract for signature. RECOMMENDED ACTION: Council Approval. FINANCIAL DATA: Expenditure Required Amount Budgeted Appropriation Required $ 96,000 per year $ 96,000 for 2011 $ None ACTION TAKEN: Motion Made By: Lt c-lt- n �° Councilmember Bremmer Councilmember Johnson Councilmember McCourt Councilmember Barnhart Passed: 110 Failed: Second By: r rCwIw�-e,- Councilmember Raab Councilmember Buckner Councilmember Hendricks Mayor Lacy (in case of tie) Page 1 of 1 CITY OF EAST WENATCHEE PUBLIC DEFENDER CONTRACT This Contract is entered into by and between the City of East Wenatchee ("City"), a municipal corporation, and Tony DiTammaso and Nicholas A. Yedinak of Kottkamp and Yedinak, PLLC ("Attorneys"). 1. Scone of Services. All indigent criminal defendants charged under ordinances of the City who qualify for appointed counsel shall be referred to the Attorneys. The Attorneys shall provide legal representation for each of these defendants, from the time of screening for eligibility through trial and sentencing and the filing of a notice of appeal to the Superior Court. 2. Applicant Screening Using an independent screening process, the East Wenatchee Municipal Court ("Court") shall determine indigency for eligibility for appointed counsel under this Contract. The Court shall be responsible for handling the screening process. Should the Attorneys determine a defendant is not eligible for assigned counsel; the Attorneys shall withdraw from the case and so advise the Court and the City of the withdrawal and the reason therefore. 3. Twenty -Four Hour Telephone Access. On or before February 1, 2011, the Attorneys shall provide the City Police Department with the telephone number or numbers at which the Attorneys and Associated Counsel can be reached for "critical stage" advice to defendants during the course of police investigations and/or arrest twenty-four hours each day. 4. Associated Counsel Any counsel associated with or employed by the Attorneys shall have the authority to perform the services called for herein. The Attorneys may employ associated counsel to assist at the Attorneys' expense. The Attorneys and all associated counsel or attorneys hired pursuant to this section shall be admitted to practice pursuant to the rules of the Supreme Court of the State of Washington. • 5. Proof ofProfessional Liability Insurance During the term of this Contract and any extensions thereof the Attorneys shall secure and maintain policies of comprehensive professional liability insurance with an insurance company licensed to do business in the State of Washington. Said policies shall have limits of not less than Three Hundred Thousand Dollars ($300,000.00). The Attorneys shall file written proof of the insurance policies with the City. 6. Indemnification. The Attorneys shall indemnify and hold the City, its elected officials, officers, and employees harmless from any and all claims, losses or liability, including Attorneys' fees, whatsoever arising out of the Attorneys' performance of obligations pursuant to this Contract, including claims arising by reason of accident, injury, or death caused to persons or property of any kind occurring by the fault or neglect of the Attorneys, their agents, associates, or employees, or occurring without the fault or neglect of the City. With respect to the performance of this Contract and as to claims against the City, its officers, agents, and employees, the Attorneys expressly waive immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to employees and agree that the obligation to indemnify, defend, and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Attorneys. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents, or employees. This obligation to indemnify, defend, and hold harmless is valid and enforceable only to the extent of the negligence of the Attorneys, their officers, agents, and employees. 7. Compensation The City shall pay each Attorney for services rendered, under this Contract, the sum of $4,000.00 per month, for a total of $96,000.00 per year for case assignments. This amount shall include the filing of an appeal for Municipal Court to Superior Court. The City shall make payment within thirty days of receipt of the Attorneys' billings. Public Defender Contract Page 1 of 4 • 8. Discovery Provided The City shall provide to the Attorneys at no cost to the Attorneys or the defendant one copy of all discoverable material concerning each assigned case. The Attorneys agree that the City may provide these materials electronically. Such material shall include, when relevant, a copy of the abstract of the defendant's driving record. 9. Criminal history Record Information. As allowed by RCW 10.97.060(5), for each assigned case assigned, the City will provide the defendant's criminal history record information to the Attorneys. The criminal history record may contain non -conviction data. The City and the Attorneys believe that this information will help the City and the Attorneys provide high quality service in the administration of criminal justice. Attorneys agree to limit their use of the criminal history record information for the sole purpose of representing their client in an assigned case. Attorneys further agree that they will not disseminate the criminal history record information to any third parties and agree to insure the confidentiality and security of the information consistent with state law and any applicable federal statutes and regulations. 10. Attorneys Unavailability. In the event the Attorneys are unavailable due to illness, vacation, or other events beyond the Attorneys' reasonable control, the Attorneys will supply the City with a list of Attorneys, in the Wenatchee/East Wenatchee area who are willing to serve as appointed counsel until such time as the Attorneys are once again available. It shall be the Attorneys' responsibility to coordinate with any Attorneys on such list to ensure their availability, especially for twenty-four hour access as provided by paragraph three herein, during the Attorneys' absence or periods of unavailability. 11. Code Provided The City shall provide the Attorneys with copies of the East Wenatchee Municipal Code, and any amendments thereto adopted during the term of this Contract. 12. No Assignment of Subcontracts. Except as herein provided, no assignment or transfer of this Contract, nor of any interest in this Contract shall be made by either of the parties, without prior written consent. • 13. Attorneys' Conflict In the event the representation of a defendant hereunder raises a conflict of interest such that the Attorneys cannot represent the defendant, said defendant shall be referred back to the City for further assignment, to another attorney to be paid by the City of East Wenatchee. 14. Statistics. Due on April 15, 2011; July 15, 2011; October 15, 2011; January 15, 2012, April 15, 2012; July 15, 2012; October 14, 2012; and January 16, 2013, the Attorneys shall provide the City with quarterly statistics for all cases assigned. The statistics shall include: (1) name of client; (2) case number; (3) charge; (4) disposition (plea, bench or jury trial); (5) whether an appeal was filed; and (6) hours spent on case. 14. Standards for Public Defense Services. Attorneys shall comply with the Standards for Public Defense Services, as adopted by the City Council for the City in Resolution No. 2009-07, a copy of said resolution is attached as Exhibit "A" and is incorporated herein as if fully set forth herein. On or before April 15, 2011, the Attorneys shall submit an affidavit to the City Treasurer stating that Attorneys are in compliance with such standards. 15. Specific Duties ofAttornevs. a. Attorneys shall use their best efforts to provide proper legal representation and advice in the best interest of the person at all stages of court proceedings for which he/she is appointed, and shall perform all normal and appropriate duties of legal counsel in such capacity. b. Attorneys shall maintain an office and telephone number for the purpose of receiving notice of appointments, for consultations with appointed persons, and for carrying out the duties of Attorneys hereunder, and shall keep the Court and City notified of any changes of office or telephone number. The Attorneys shall provide the City Police Department with a twenty-four hour telephone number, where defendants can reach the Attorneys or their designee as provided in paragraph three above. Public Defender Contract Page 2 of 4 • C. Attorneys shall use their best efforts to make arrangements for prompt consultation with appointed persons and shall meet with the appointed person as soon as practicable in order to provide legal representations and to assist the City in efficient court and docket administration. d. Attorneys shall complete all plea bargaining and all paperwork needed for trial or court Tip appearances f ems prior o the time that each case is set for trial or hearing. w a regsviaOOle fi4w- e. Attorneys shall provide an interpreter where required for their office consultations. 16. Terms of This Contract Provisions of Services pursuant to this Contract shall commence at 12:01 a.m. on January 1, 2011 and continue through December 31, 2012. This will automatically renew on an annual basis, unless terminated as set forth herein. 17. Termination. a. Election of City: The City may terminate this Contract without the necessity of substantiating cause by providing Attorneys with thirty days written notice. b. By Attorneys for Cause: Attorneys may terminate this Contract in the event the City fails to perform its obligations as described in this Contract, and if such failure has not been corrected to the reasonable satisfaction of the Attorneys in a timely manner or the City has not made reasonable efforts to correct such failure, after thirty days written notice of such breach has been provided to the City. C. Notice: Written notice of termination pursuant to this Section 17 shall be given by the party terminating the Contract to the other not less than thirty days prior to the date of termination. • d. Cases: The Attorneys are obligated complete all cases assigned prior to the date of termination of this Contract.. The Attorneys shall make reasonable efforts to fulfill this obligation. 18. Expert Witness Fees. Request s for expert witness fees shall be made to ex parte motion. If the court authorizes the expense, Attorneys are free to retain and expert of their choosing. Attorneys shall submit an itemized voucher to the court for reimbursement. 19. Entire Agreement This Contract contains the entire agreement between the parties and may not be enlarged, modified, or altered except in writing, signed by the parties, and endorsed hereon. 20. Savings Clause. Nothing in this Contract shall be construed as to require the commission of any act contrary to law, and wherever there is any conflict between any provisions of this Contract, and any statute, law, public regulation, or ordinance, the latter shall prevail, but in such event, the provisions of this Contract affected shall be curtailed and limited only to the extent necessary to bring within legal requirements. 21. Notices. Any notice shall be effective if personally served on the other party or if mailed by registered or certified mail, return receipt requested, to the following addresses: Attorney Tony DiTammaso Attorney Nicholas A. Yedinak Law Office of Tony DiTammaso, P.S. Kottkamp & Yedinak, PLLC 23 South Wenatchee Avenue, Suite 20-5 P O Box 1667 Wenatchee WA 98801 Wenatchee WA 98807 Nic Gerde, City Treasurer City of East Wenatchee 271 Ninth St NE Public Defender Contract Page 3 of 4 , A • • East Wenatchee WA 98802 21. Attorney's Fees and Costs In the event it is necessary for either party to utilize the services of any attorneys to enforce any of the terms of this Contract, such enforcing party shall be entitled to compensation for its reasonable attorney's fees and costs. In the event of litigation regarding any of the terms of this Contract, the substantially prevailing party shall be entitled, in addition to other relief, to reimbursement of its reasonable attorney's fees and costs. 22. Governing Law. The laws of the State of Washington govern this Contract. Venue for any action arising from this Contract shall be in Chelan/Douglas County, Washington. �3i v Date CITY OF EAST WENATCHEE Steven C. Lacy, Mayor Date ATTEST: Dana Barnard, City Clerk • Public Defender Contract Page 4 of 4 PUBLIC DEFENDER is of edinak 1 Z 2-?-//0 Date COUNCIL AGENDA BILL* PRESENTER: POSITION: CITY OF EAST WENATCHEE CITY COUNCIL AGENDA BILL 11-01-05 Devin Poulson City Attorney TITLE: Advertising Dollar Volume Agreement. AGENDA ITEM * AGENDA DATE: DEPARTMENT: 4 January 25, 2011 Legal Department BACKGROUND/HISTORY: Because the City routinely has to routinely publish notices and other information, it is in the best interests of the City to enter into this Agreement so it can obtain a discounted rate. Staff has not contacted other local newspapers to see if they will give the City a better rate because the City Council has designated the Wenatchee World as its legal newspaper and because staff believes that advertisements in the Wenatchee World have a greater chance of reaching the City's intended audience. EXHIBITS: ADVERSTISING VOLUME AGREEMENT • RECOMMENDED ACTION: Authorize the Mayor to sign the Agreement FINANCIAL DATA: Expenditure Required Amount Budgeted Appropriation Required $ $ $ ACTION TAKEN: p Motion Made By: �J 0 I(- � SD n Councilmember Bremmer Councilmember Johnson Councilmember McCourt Councilmember Barnhart Passed: i Failed: 9 Second By: � Councilmember Raab Councilmember Buckner Councilmember Hendricks Mayor Lacy (in case of tie) Page 1 of 1 THE WENATCHEE Ne Contract ❑ • Renewed Contract W OiPtLD ❑ Changed Contract • Box 1511 • 14 N. Mission • Wenatchee, WA 98807-1511 • wenatcheeworld.com ADVERTISING DOLLAR VOLUME AGREEME19T f , THIS AGREEMENT is between The Wenatchee World, herein called Publisher, and L�A G�- C .� �✓�ID�T��L �. Account # and 1 QL4 1� Account # hereafter known as the Advertiser(s). 1. The Advertiser agrees to purchase a minimum of `GQ CO ,01) in advertising during the duration of this agreement at the rates indicated on Publisher's appropriate rate sc edule in effect at the time of publicatllm.The duration of this agreement shall be for I LAO commencing on < aCw�.� ,d-0 11 and concluding on .. 3 t ,Q U t ( Classified, retail, pre-printecV insert and other designated advertising shall count towards Advertiser's dollar volume commitment herein. Commercial printing expenditures shall not. 2. Rate Changes — Should Advertiser fail to achieve the amount of advertising volume committed to in paragraph I, the rate will be adjusted in accordance with the then current advertising Rate Card. Publisher may change the rate and other terms in its Advertising Rate Card upon thirty (30) days notice to Advertiser. Upon receipt of notice from Publisher of a rate change, Advertiser may cancel this Agreement by so notifying Publisher in writing within thirty (30) days of receiving such notice, cancellation to be effective on the first day that the new rates go into effect. Failure to notify Publisher of cancellation within thirty (30) days or continuation of advertising by Advertiser after the new rates go into effect will constitute acceptance by Advertiser of the new rates under all the other remaining terms of this agreement. 3. Rejection of Ad Copy — Publisher reserves the right to reject any ad copy submitted or to modify or edit such ad copy for any reason including, but not limited to, libelous or other objectionable content. 4. Resemblanceto Editodal Matter— All advertisements which, in Publisher's judgment, resemble news matterwill have the word "Advertisement" included. • 5. Retention of Right to Layouts — The Publisher retains all rights, title and interest to all layouts which represent the relative efforts of the newspaper's staff and/or utilization of its own illustration, labor, composition or material. 6. Errors and Omissions — The Publisher shall not be liable for any error or omission in published advertising. If an advertising proof is requested and returned to the Publisher before publishing deadlines with clearly marked corrections, Publisher's liability for such errors, if any, shall be limited to the cost of the space occupied by the error. Publisher shall not be liable for failure to publish an advertisement. Upon written request Publisher will reschedule and run an omitted advertisement at Advertiser's expense. All claims for adjustments must be made within thirty (30) days of the date of publication. In no event shall Publisher be liable for general, special or consequential damages.The Publisher is not responsible for the content of any advertisement. The Advertiser and Advertising Agency assume all risk and liability, jointly and severally, for the content of any advertisement as published and agree to indemnity and hold Publisher harmless therefrom. 7. Assignment and Subletting — Advertiser shall not assign any of its right, duties or obligations under this Agreement without the express written permission of Publisher. Advertiser shall not sublet or resell any advertising space purchased under this agreement. 8. Additional Terms and Conditions — This Agreement is subject to and specifically incorporates those terms set for in Publishers Advertising Rate Card. Advertiser hereby acknowledges that (s)he has read the terms set forth in such Rate Card. None of the terms and conditions of this Agreement may be altered except in writing signed by an authorized representative of Publisher. 9. Prepayment and Credit — All advertising shall be prepaid unless Publisher has approved Advertiser's credit. If credit is extended to Advertiser, payment in full is due on receipt of Publisher's invoice. Delinquent accounts will be subject to suspension of credit and Publisher may withhold any scheduled advertising by Advertiser until all accounts are paid in full. All commercial accounts handled through advertising agencies are required to guarantee payment for their accounts. If this agreement is entered into by an agency on behalf of the Advertiser, Advertiser and the agency shall be jointly and severally liable for payment and for compliance with all the terms of this Agreement. Amounts unpaid thirty (30) days or more days after billing date may be assigned a late charge of 1�% (18% annual percentage rate) and are subject to credit discontinuance without notice. All invoices are final unless contested, in writing, by Advertiser within 90 days of receipt of such invoice. 10. Collection — In the event it becomes necessary for Publisher or its assignee to institute proceedings against Advertiser or its advertising agency for collection of amounts unpaid under the terms of this Agreement, Advertiser and advertising agency agree, jointly and severally, to pay all costs of collection, including attorney's fees and court costs. 11. Tax — If a sales tax or other direct tax on advertising is ordered by a governmental entity, the tax will be paid by Advertiser. The Wenatchee World Office Use Only Account Rep: Accepted by: Title: Date: Advertiser C—iTLi 0'N: L - \tJ—P—y1Ct-ALI,0- e Advertiser Signature: Printed Name: Title: r� Date:, f 1/� Address: ( - l S+.. ,el VV1&, CAA R P 02. Phone.# 02/23/07 6159843 0 COUNCIL AGENDA BILL # PRESENTER: POSITION: CITY OF EAST WENATCHEE CITY COUNCIL AGENDA BILL 11-01-05 Don McGahuey Public Works Director AGENDA ITEM # AGENDA DATE: DEPARTMENT: TITLE: Eastmont - Grant Road to 3rd St NE - TO Fuel Tax Grant Distribution Agreement E January 25, 2011 Public Works BACKGROUND/HISTORY: The City has received a grant from the Transportation Improvement Board (TIB) for the reconstruction of Eastmont Avenue from Grant Road to 3rd Street NE. The first step in authorizing the project is to enter into an agreement with TIB regarding the disbursement of fuel tax funds. Reimbursement for project related expenditures should be available at the beginning of the State's next fiscal year which begins next July 151 A funding breakdown for the project based on the grant level estimate is as follows: TIB Funds City Funds Total Project 85% 15% 100% Design Engineering 204,000 36,000 240,000 Right of Way 681000 12,000 80,000 Construction Engineering 178,500 31,500 210,000 Construction Contract 1,530,000 270,000 1,800,000 Total 1,980,500 349,500 2,330,000 The project schedule proposed with the grant application is as follows: Environmental phase 6/1/12 Right of way acquisition 12/1/12 Design 12/31/12 Construction 3/1/13 Project Closeout 12/1/13 EXHIBITS: 1. Fuel Tax Grant Distribution Agreement RECOMMENDED ACTION: Approve the agreement and authorize the Mayor to sign the agreement on behalf of the City. FINANCIAL DATA: Expenditure Required Amount Budgeted Appropriation Required $349,500 $0 $349,500 Page 1 of 2 • 0 0 ACTION TAKEN: Motion Made By: k6lic (;i(s Councilmember Bremmer Councilmember Johnson Councilmember McCourt Councilmember Barnhart Passed: � D Failed: Second By: 20hO's b `� Councilmember Raab Councilmember Buckner Councilmember Hendricks Mayor Lacy (in case of tie) Page 2 of 2 • �=c Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement LEAD AGENCY: EAST WENATCHEE PROJECT NUMBER: 8-3-161(008)-1 PROJECT TITLE: Eastmont Avenue PROJECT TERMINI: Grant Rd to 3rd St NE 1.0 PURPOSE The Washington State Transportation Improvement Board (hereinafter referred to as "TIB") hereby grants funds for the project specified in the attached documents, and as may be subsequently amended, subject to the terms contained herein. It is the intent of the parties, TIB and the grant recipient, that this Agreement shall govern the use and distribution of the grant funds through all phases of the project. Accordingly, the project specific information shall be contained in the attachments hereto and incorporated herein, as the project progresses through each phase. This Agreement, together with the attachments hereto, the provisions of chapter 47.26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement between the parties and supercedes all previous written or oral agreements between the parties. 2.0 PARTIES TO AGREEMENT • The parties to this Agreement are TIB, or its successor, and the grant recipient, or its successor, as specified in the attachments. 3.0 TERM OF AGREEMENT This Agreement shall be effective upon execution by TIB and shall continue through completion of each phase of the project, unless terminated sooner as provided herein. 4.0 AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 5.0 ASSIGNMENT The grant recipient shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIB. The grant recipient is deemed to consent to assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a waiver of the grant recipient's other rights under this Agreement. 6.0 GOVERNANCE & VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of • Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County. TO Form 190-500 Page 1 of 3 Rev. 2/14/2003 • • :7 Y�•G t Washington State Transportation Improvement Board f Fuel Tax Grant Distribution Agreement 7.0 TERMINATION 7.1 UNILATERAL TERMINATION Either party may terminate this Agreement upon 30 days' prior written notice to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 7.2 TERMINATION BY MUTUAL AGREEMENT Either party may terminate this contract in whole or in part, at any time, by mutual agreement with a 30 calendar day written notice from one party to the other. 7.3 TERMINATION FOR CAUSE In the event TIB determines the grant recipient has failed to comply with the conditions of this Agreement in a timely manner, TIB has the right to suspend or terminate this Agreement. TIB shall notify the grant recipient in writing of the need to take corrective action. If corrective action is not taken within 30 days, the Agreement may be terminated. TIB reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the grant recipient from incurring additional obligations of funds during the investigation of the alleged compliance breach and pending corrective action by the grant recipient or a decision by TIB to terminate the Agreement. The grant recipient shall be liable for damages as authorized by law including, but not limited to, repayment of misused grant funds. The termination shall be deemed to be a Termination for Convenience if it is determined that the grant recipient: (1) was not at fault, or (2) failure to perform was outside of the grant recipient's control, fault or negligence. The rights and remedies of TIB provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. 7.4 TERMINATION FOR CONVENIENCE TIB may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part, because federal or state funds are no longer available for the purpose of meeting TIB's obligations, or for any reason. If this Agreement is so terminated, TIB shall be liable only for payment required under this Agreement for performance rendered or costs incurred prior to the effective date of termination. 7.5 TERMINATION PROCEDURE Upon receipt of notice of termination, the grant recipient shall stop work and/or take such action as may be directed by TIB. TIB Form 190-500 Page 2 of 3 Rev. 2/14/2003 • • Washington State Transportation Improvement Board 'z�J✓ Fuel Tax Grant Distribution Agreement 8.0 AVAILABILITY OF TIB FUNDS The availability of Transportation Improvement Board funds is a function of Motor Vehicle Fuel Tax collections and existing contractual obligations. The local agency shall submit timely progress billings as project costs are incurred to enable accurate budgeting and fund management. Failure to submit timely progress billings may result in delayed payments or the establishment of a payment schedule. 9.0 ATTACHMENTS Attachments are incorporated into this agreement with subsequent amendments as needed. Approved as to Form This 14th Day of February, 2003 Rob McKenna Attorney General Signature on file Elizabeth Lagerberg Assistant Attorney General Lead Agency ature of Chairman/Mayor TIB Form 190-500 Print Name Transportation Improvement Board Date Executive Director Date Page 3 of 3 nt Name Rev. 2/14/2003 • 0 Mayor Lacy: CITY OF EAST WENATCHEE JAN 21 2011 RECEIVED By: 1365 Terrace Court East Wenatchee, WA. 98802 January 20, 2011 This is a followup letter in regard to the letter I sent you on January 6 regarding fox squirrel issues in residential areas within East Wenatchee. 1 used a licensed trapper to trap so he could properly dispose of the trapped squirrels. We trapped for nine and a half days and caught 12 fox squirrels. That is just in my yard and one of the adjoining neighbors yards. I have seen two more squirrels in our area, and there are likely more in the adjoining neighbors yard to the north of me. So, in my original letter to you I reported there are probably 20 squirrels in a three residence area. Between those trapped, and the other two seen, that brings the confirmed number up to 14, and taking what else is out there that we have missed seeing I think that the actual number is indeed close to 20. So, this is going to be an ongoing squirrel control problem for our little neighborhood, let alone others that I believe will be soon to follow as the numbers increase and they become a general nuisance. If I was O.K. with public speaking I would attend one of the city council meetings and bring what I think is going to be more of an issue as time goes on and the squirrels keep multiplying. However, I avoid meetings like the plague and would hope you, or some council member, would perhaps address some of my concerns. As far as ongoing control, as I mentioned before, as it now stands the city has put up barriers for me as a property owner to take care of the problem they want me to take care of. Even the trapper could not legally shoot a pellet gun in the privacy of my back yard to dispose of the squirrels to shorten turn around time for traps available to remain set. For example: in my situation we were in general catching two squirrels per day. The trapper could not make it back until the afternoon of the following day. That left two traps unavailable out of the total number of traps we could be using because two traps had squirrels in them that had to be disposed of. Again, it would make it more workable if the city had some kind of variance for those property owners having to deal with squirrel issues to be able to use pellet guns in the privacy of their own back yards to deal with ongoing squirrel control. Trapping on a constant basis is just not doable considering the money that would have to be spent on an ongoing basis. If the city or the F & W provided a small humane disposal facility for squirrels caught in traps, property owners that do not want to kill the animals themselves, like myself, could then trap them ourselves. This would eliminate us having to pay a trapper out of our own pocket on an ongoing basis. I would then be able to drive to the facility that had, say, a carbon dioxide chamber for euthanizing the squirrels, and I could then have a short turn around time to get my trap back out in the yard. Thank you for your time on this issue, and if you prefer I write to some council member about it, or someone else, I am open to your suggestions. I had another talk with the biologist with the local F & W service and discussed some possible solutions that F & W could address to make property owner control of squirrels more workable. John said he would bring the issue up again at a meeting with other state wildlife people. The biologist also concurred the number of fox squirrels we caught in such a short time was a significant number. Thanks again! Respectfully, Robert tn8%i •phone: 509- e-mail: plstrand@nwi.net �&: &4L/ CatncoIvyVmber-s OTY OF EAST WENATCHEE REPRESENTATIVES r� L Abbr. Organization Representative Alternate I Date Time Location Chelan - Douglas Health District Mayor Lacy Councilmember McCourt Monthly - 3rd Monday 4:00 p.m. Healt District - 200 Valley Mail Pkwy RSN iChelan-Douglas Regional Support Network (Councilmember McCourt Councilmember Johnson 1st Monday 14:00 P.M. 140 19th St NW, East Wenatchee COG Council of Governments Councilmember Barnhart Councilmember McCourt Quarterly - 3rd Thursday 9:00 - 12:00 East Wenatchee City Hall EDD Douglas County Regional Council Economic Development District Mayor Lacy Councilmember Buckner Councilmember Raab iCouncilmember Johnson Monthly - 2nd Wednesday 9:00 A.M. - 11:00 A.M. City of Chelan - Fire Station Housing Authority of Chelan County & the City of Wenatchee Councilmember McCourt Councilmember Hendricks 4th Thursday 8:15 A.M. 1120 9th Street -Wenatchee LINK Link Transit Councilmember McCourt Councilmember Raab (3rd Tuesday I4:00 - 6:00 P.M. I2100 Euclid Ave, Wenatchee NCRTPO North Central Regional Transportation Planning Organization Councilmember Buckner Councilmember Hendricks Bi-Monthly 2nd Wednesday 1:00 - 3:00 P.M. City of Chelan - Fire Station RC&D Resource Conservation and Development Councilmember Buckner Councilmember Johnson IMonthly - 2nd Wednesday 11:00 A.M. - 12:00 P.M. City of Chelan - Fire Station Rl >#rt Councilmember Bremmer 2nd Wednesday 9:00 A.M. SWAC Solid Waste Advisory Committee I I ;Councilmember Raab ,Councilmember McCourt iQuarterly - 1st Thursday 1:30 -3:00 P.M. 140 19th St. NW, East Wenatchee SWU Storm Water Utility Councilmember Raab Brandon / Lori Monthly - 3rd Thursday 8:30 a.m. 140 19th St. NW, East Wenatchee TAC ,Technical Advisory Committee (SWAC Executive) iCouncilmember Raab Councilmember McCourt Quartrterly - 3rd Thursday 1:30 - 3:00 P.M. ,Waterville Courthouse WVCC Wenatchee Valley Chamber of Commerce Dawn Collings Councilmember Buckner Monthly - 3rd Monday 12:00 - 2:00 PM Chamber of Commerce WVCVB Wenatchee Valley Convention and Visitors Bureau Councilmember Johnson Councilmember Bremmer Monthly - 2nd Wednesday 5:30 - 7:00 PM Various hotels in the valley r4aerg1'1fl1za4ien WVTC Wenatchee Valley Transportation Council Mayor Lacy Councilmember Buckner Monthly - 2nd Thursday 9:00 -11:00 A.M. Columbia Station PFD I!! Public Facilities District Board of Directors Watershed Planning Tim Cetto ;Lori Barnett None Town Toyota Center Budget Committee 2010 Councilmember Bremmer Councilmember McCourt CouncilmemberJohnson N/A N/A N/A W J J W W S C.� Q Z W HUMANE society Animal Control Hours October 198.25 November 165.25 December 165.75 Total 529.25 City of East Wenatchee 4th Quarter 2010 CITY of EAST WENATCHEE JAN 18 2011 RECEIVED BY---0- is Number of investigated incidents Investigations of Interest October 75 Citations Issued 7 November 79 Dangerous Dogs 0 December 88 Potentially Dangerous Dogs 0 Total 242 Animal Bites 4 Number of Animals Received Stray Dogs 35 Stray Cats 61 Stray Others 2 Owned Dogs 12 Owned Cats 29 Owned Others 2 Total 47 Total 90 Total 4 • PO Box 55, 1474 So. Wenatchee Ave. Wenatchee, WA 98807-0055 Phone - 509.662.9577 Fax - 509.665.7612 wvhs@wenatcheehumane.org www.wenatcheehumane.org r w J J W W S L) Q Z W G HUMANE society Animal Control Hours Total 2263.25 City of East Wenatchee 2010 Number of investigated incidents Investigations of Interest Total 1217 Citations Issued 27 Dangerous Dogs I Potentially Dangerous Dogs 2 Animal Bites 22 Number of Animals Received CITY OF EAST WENATCHM JAN 18 2011 RECEIVED By: bb Stray Dogs 136 Stray Cats 253 Stray Others 25 Owned Dogs 62 Owned Cats 105 Owned Others 2 Total 198 Total 358 Total 27 PO Box 55, 1474 So. Wenatchee Ave. Wenatchee, WA 98807-0055 Phone - 509.662.9577 Fax - 509.665.7612 wvhs@wenatcheehumane.org www.wenatcheehumane.org