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2003, 06-03 Study SessionNOTE: AT COUNCIL STUDY SESSIONS, THERE WILL BE NO PUBLIC COMMENTS, EXCEPT COUNCIL RESERVES THE RIGHT TO REQUEST INFORMATION FROM THE PUBLIC AND STAFF AS APPROPRIATE SUBJECT Administration Administration Administration Administration Study Session Agenda, June 3, 2003 5/30/2003 2.28 PM, pearson revision DISCUSSION LEADER ACTIVITY David Mercier David Mercier David Mercier David Mercier Parks & Recreation Bill Hutsinpiller Parks & Recreation Bill Hustinpiller CITY OF SPOKANE VALLEY CITY COUNCIL WORKSHEET — STUDY SESSION CITY HALL AT REDWOOD PLAZA 1 1.707 East Sprague Avenue, First Floor Spokane Valley, Washington Tuesday, June 3, 2003 6:00 p.m. COUNCIL REQUESTS THAT ALL ELECTRONIC DEVICES BE TURNED OFF WHILE IN ATTENDANCE AT THE COUNCIL MEETING Employee Introductions (5 minutes) Presentation, Arts & Culture additional project (5 minutes) Presentation, Communication Transition Com (10 minutes) Presentation, Spokane Regional Health District (15 minutes) Presentation, Aquatic Center (5 minutes) Mirabeau Stage (10 minutes) DISCUSSION GOAL Information Information Information Information Information Consensus SUBJECT DISCUSSION LEADER ACTIVITY DISCUSSION GOAL Public Works Dick Warren Barkcr Bridge consultant agreement Consensus- Agenda 6/10? (10 minutes) Public Works Public Works Existing franchise ordinances Consensus - Agenda 6/10? (10 minutes) administration David Mercier Public Safety ordinance ? Consensus-Agenda /1 g 6 0 (5 minutes) Human Resources David Mercier 410 A executive resolution Consensus - Agenda 6/10? (5minutes) Human Resources David Mercier Retirement health savings plan resolution Consensus - Agenda 6/10? (5 minutes) Com Development McCormick/Warren Calendar for land use /transportation element Consensus (10 minutes) Administration David Mercier AWC conference training schedule Consensus (10 minutes) Administration David Mercier Copies of complaints by e-mail Information (5 minutes) Administration David Mercier City Manager comments Information (5 minutes) .z\i 4bg av8 g 1 ") - Cv 5 f/i A■gtzo) Study Session Agenda, June 3, 2003 5/3012003 2:25 PM, pearson revision 2 Spokane Valley Transition Committees Arts, Library, and Culture Dee Dee Loberg — 927 -6873 Shag- o@att.net Com m unications Matt Gibson — 921 -2173 mattgiibson (a sisna. com Community Development Dave Johnson — 928 -6878 Davi dj ohn son 777@msn_ co m Courts Bill Fryer — 532 -7265 rpcmfryerecs. cam Economic Development Larry Meter - 893 -9137 . arnpeoples@sisna.com Finance and City Administration Dianna Wilhite — 922 -3808 thvilhite@gosafeguard.com Fire Protection and Animal Control John Haley — 926 -5156 brvndar@Jnsn.com Franchises, Cable TV Mike Devleming — 924 -3800 ' devlemingm@aol.com Law Enforcement Patty Plotzki — 924 -9258 ptplt(a?aol.com , pplotz_1ci(a spokanepolice.org Parks and Recreation Glenn Clapper — 893 -3626 B1uscat22Qa. msn.com Planning, Zoning; and Building Francine Shaw— 534 -8086 fshaw@rammassocintes.com Public Works - Dennis Scott — 939 -7274 dennis@,dennismScott.com Roads Deanna Hormann — 924 -4796 rhormann a@att net Solid Waste Larry Wendle — 928 -4890 Transportation, STA Regan Lane — 891 -5325 Regan a1ysse@hotmail.com Wastewater and Stormwater Management Dick Denenney — 924 -9211 rhdlond@aol.com COMMUNICATIONS PLAN The new City of the Spokane Valley should have a strong relationship with the community it serves. This can be accomplished by creating strategic methods and opportunities for the exchange of information between local government and its constituents, resulting in a higher level of community confidence in government, more efficient delivery of public services and a greater sense of community goodwill. The main goal of a Communications Department is to provide leadership and expertise, which enables all representatives of the new City's organization to be effective communicators. Development of a communications plan provides the right vehicle for designing, executing and measuring performance. A communications plan also helps to identify target audiences, develop messages for each target audience and design call -to- action programs, utilizing various proven media components. An effective plan requires that media relations and communications be important functions integrated consistently into the organization's vision, objectives and day - to-day operations. COMMUNICATIONS PLAN GOALS The overall goals of the Communications Program are to: Increase awareness, understanding and participation of the citizens of Spokane Valley in City govemment goals and activities. Build community pride among citizens and positive identification with their home city. Enhance community confidence in local government and its officials, elected and appointed. Break down feelings of we -they between City government and the residents of Spokane Valley. Increase awareness, understanding and participation of City employees in the goals and activities of the City. Build corporate pride among employees and positive identification with City government as a whole. Develop better relationships with the news media to enable them to be two -way communicators between City government and its target publics. Encourage and facilitate two -way communication as a corporate communications philosophy and provide the tools, training and methods necessary to be successful. Support a customer- oriented approach to public service delivery through implementation of high - profile, employee- driven customer care programs that provide training, guidelines and on -going evaluation of City service delivery, and celebrate the accomplishments of employees. COMMUNICATIONS TEAM Each individual who represents City government in an official capacity is a communicator for the City. Therefore, the success of the communication program depends upon everyone's participation. The City of Spokane Valley's communication team could include: Mayor /City Manager and City Council Deputy and Assistant City Managers Department Directors Other Council- Appointed Officials All Employees Boards and Commissions of the City Additionally, the communications team includes other city - related agencies, the Spokane Valley Chamber of Commerce, the Iocal•school districts, higher education institutions and other to the degree they care to participate. These agencies, and other community-based organizations, including neighborhood councils, church groups and others, will be informed of City communications efforts and encouraged to participate for everyone's mutual benefit. The involvement of these various groups and organizations helps to establish a valuable network that can be utilized to further enhance the two -way flow of information. TARGET PUBLICS The identification of prioritized target publics is a key component of a communications plan. Establishing these priorities serves to turn a scattershot "ready -fire -aim" program into a targeted "ready- aim -fire" strategy. Based on the understanding of who is served by the new City, the following primary target publics should be identified as: 1. Citizens The citizens of Spokane Valley have been identified as the highest priority target public. The building of a partnership between City government and the nearly 90,000 residents of Spokane Valley is the starting point for an effective communications program. 2. Employees The employees of the City of Spokane Valley in its various departments and agencies are the second priority group. 3. News Media The news media is the third priority target public. The media are important because their coverage and portrayal of City government has a profound influence on the image of the City organization and consequently, the level of support and involvement that is received from its citizens and other target publics. Secondary target publics include: 4. Public segments: City boards and commissions, neighborhoods, business, education, military, medical, etc. 5. Residents of Spokane County 6. Residents of the Inland Northwest region 7. Other local governments in Washington and Idaho • SUGGESTED COMMUNICATION PLAN ELEMENTS 1. Branding and image 2. Collateral 3. Public Relations a. Media briefings /releases b. Speech writing c. Presentation prep d. Annual state of the City 4. Events 5. Government Access TV a. Council meetings b. Mayor /Council • c. Special programming 6. Web site a. Internet b. Extranet c. Intranet 7. Community Outreach a. Advertising b. PSAs c. Scheduled Editorials d. Scheduled Newsletter w /opt in and opt out e. Direct mail f. Utility bills 8. Employee Outreach a. Newsletter b. Email c. Training d. Etc. Subj: RE: Board of Health Date: 4/17/2003 10:22:13 PM Pacific Daylight Time From: KThorbum@s_pokanecountyg To: Darlee2@aol.com Sent from the Internet (Details) Hi there, I've mentioned to a couple of the councilman that I'd like to meet with the council about the health district,. especially around issues of govemance and budget. They suggested a study session. Your e -mail reminds me of this; I was waiting until after the formation of the city. Could you help me set this up? The best way to schedule something is to contact my assistant Marcia at the number below. The composition of the Spokane Regional Health District Board of Health is created by resolution of the county commissioners. It is currently the 3 commissioners, 3 elected officials from Spokane, 2 elected officials from other towns and cities in the County and 3 at -large members appointed by the commissioners. Each Board constituency has different methods of appointment. Cities have no statutory authority over local public health agencies. This is only granted by county commissioners. Kim Marie Thorbum, MD, MPH Health Officer Spokane Regional Health District 509 - 324 -1501 509 - 324 -1507 fax ---- Original Message — From: Darlee2 @aol.00m [mailto:Darlee2 @aol.com] Sent Tuesday, April 15, 2003 5:13 PM To: kthorburn@spokanecounty.org Subject: Board of Health Subj: Re: Board of Health Date: 4/18/2003 9:44:23 AM Pacific Daylight Time From: Darlee2 To: KThorburn ©spokanecounty.orq 1�- . 6/s 7 6 Good Afternoon Doctor. Perehaps you can help me address a question raised by our City Council last week. How are the members of your Board appointed and are these appointment for set terms. Obviouly as the new kid on the block, this Council is interested in participating on allof the various Boards and commissions that provide services to the citizens of the Valley. Any information you can provide would be welcome. Thank you, Lee Walton, City Manager rage 1 or 1 Thanks for the info and yes I will set something up with Council.. One of the issues is possible Health Dept support for our "one stop" permit center as a service for "East County" residents. One of the most frequent complaints we receive is about the need to travel North Spokane to get certain permits from other agencies (2) such as the Health Department We understand that cities have no jurisdiction (thank goodness) over the n Health District but are hoping we can persuade the Board cooperate in this effort. For some reason, best explained as a "senior moment' I used my personal e-mail account to contact you. Sorry, my City address is "Iwalton @spoknaevalley.org. Sp n �Ualley CITY OF SPOKANE VALLEY AGREEMENT FOR SERVICES Consultant: Nicholls Engineering This Agreement is entered into by and between the City of Spokane Valley, Washington, a municipal corporation, hereinafter referred to as the "City," and Nicholls Engineering hereinafter referred to as the "Consultant." WHEREAS, the City desires to have certain services performed for its citizens; and WHEREAS, the City has selected the Consultant to perform such services pursuant to certain terms and conditions; NOW, THEREFORE, in consideration of the mutual benefits and conditions set forth below, the parties hereto agree as follows: 1. Scope of Services to be Performed by Consultant. The Consultant shall perform those services related to the Barker Bridge Project as described in Exhibit "A" of this agreement. in performing such services, the Consultant shall comply with all federal, state, and local laws and regulations applicable to the performance of such services. The Consultant shall perform services diligently and completely and in accordance with professional standards of conduct and performance. 2. Compensation and Method of Payment. The Consultant shall submit invoices for work performed using the rates set forth in Exhibit "B ". The City shall pay Consultant: [Check applicable method of payment] X According to the rates set forth in Exhibit "B_" X A sum not to exceed 55,510.00 _ Other (describe): The Consultant shall complete and return to the City ,Taxpayer Identification Number, prior to or along with the first invoice submittal. The City shall pay the Consultant for services rendered within ten days after City Council approval. 3. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing upon execution and ending June 1,2004, unless sooner terminated under the provisions of the Agreement. Time is of the essence of this Agreement in each and all of its provisions in which performance is required. 4. Ownership and Use of Documents. Any records, files, documents, drawings, specifications, data or information, regardless of form or format, and all other materials produced by the Consultant in connection with the services provided to the City, shall be the property of the City whether the project for which they were created is executed or not. 5. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. 'The Consultant will solely be responsible for its acts and for the acts of its agents, employees, subconsultants, or representatives during the performance of this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. 6. Indemnification. 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 resulting from the negligent acts, errors or omissions of the Consultant, in performance of this Agreement, except for injuries and damage caused by the sole negligence of the City. 7. Insurance. A. 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. 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) 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 additional insured Minimum Amounts of Insurance Verification of Coverage . 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. 4. Professional Liability insurance appropriate to the Consultant's profession. 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 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. 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 respects 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. The Consultant's insurance shall not be cancelled by either party except after thirty (30) days prior written notice has been given to the City Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. 8. Record Keeping and Reporting. A. The Consultant shall maintain accounts and records, including personnel, property, financial, and programmatic records, which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed pursuant to this Agreement. The Consultant shall also maintain such other records as may be deemed necessary by the City to ensure proper accounting of all funds contributed by the City to the performance of this Agreement. B. The foregoing records shall be maintained for a period of three years after termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review, or audit by the City during the performance of this Agreement. 1 0. Termination. A. This City reserves the right to terminate or suspend this Agreement at any time, with or without cause, upon seven days prior written notice. In the event of termination or suspension, all finished or unfinished documents, data, studies, worksheets, models, reports or other materials prepared by the Consultant pursuant to this Agreement shall promptly be submitted to the City B. In the event this Agreement is terminated or suspended, the Consultant shall be entitled to payment for all services performed and reimbursable expenses incurred to the date of termination. C. This Agreement may be cancelled immediately if the Consultant's insurance coverage is canceled for any reason, or if the Consultant is unable to perform the services called for by this Agreement. D. The Consultant reserves the right to terminate this Agreement with not less than fourteen days written notice, or in the event that outstanding invoices are not paid within sixty days. E. This provision shall not prevent the City from seeking any legal remedies it may otherwise have for the violation or nonperformance of any provisions of this Agreement. 11. Discrimination Prohibited. The Consultant shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Consultant under this Agreement, on the basis of race, color, religion, creed, sex, age, national origin, marital status, or presence of any sensory, mental, or physical handicap. 12. Assignment and Subcontract. The Consultant shall not assign or subcontract any portion of the services contemplated by this Agreement without the prior written consent of the City. 13. Conflict of Interest. The Consultant represents to the City that it has no conflict of interest in performing any of the services set forth in Exhibit "A." In the event that the Consultant is asked to perform services for a project with which it may have a conflict, Consultant will immediately disclose such conflict to the City. 14. Confidentiality. All information regarding the City obtained by the Consultant in performance of this Agreement shall be considered confidential. Breach of confidentiality by the Consultant shall be grounds for immediate termination. 15. Non - appropriation of funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will so notify the Consultant and shall not be obligated to make payments for services or amounts incurred after the end of the current fiscal period. This Agreement will terminate upon the completion of all remaining services for which funds are allocated. No penalty or expense shall accrue to the City in the event that the terms of the provision are effectuated. 16. Entire Agreement. This Agreement contains the entire agreement bet-ween the parties, and no other agreements, oral or otherwise, regarding the subject natter of this Agreement shall be deemed to exist or bind either of the parties. Either party may request changes to the Agreement. Changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 17. Notices. Notices to the City of Spokane Valley shall be sent to the following address: City of Spokane Valley 11707 E. Sprague Ave., Suite 106 Spokane Valley, Washington 99206 Phone number: (509) 921 -1000 18. Applicable Law; Venue; Attorneys' Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be exclusively in King County, Washington. The prevailing party in any such action shall be entitled to its attorneys' fees and costs of suit, which shall be fixed by the judge hearing the case and such fee, shall be included in the judgi,ient. 19. Scverability. Any provision or part of this Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the City and the Consultant, who agree that the Agreement shall be reformed to replace such stricken provision or part with a valid and enforceable provision that comes as close as reasonably possible to expressing the intent of the stricken provision. CITY OF SPOKANE VALLEY, WA CONSULTANT By: F3 y Title= fit ana er Title: Date: Date: Attest/Authenticated: Approved As To Form: City Clerk City Attorney [INSERT EDIT A - SCOPE OF SERVICES] To: City of Sanumamish 486 228 Avenue NE Sammarish, Washineton 98074 Phone: (425) 898 -0660 FAX: (425) 898 -0669 EXHIBIT B City of Sammamish Billing invoice Invoice Number: Date of Invoice: Consultant: Mailing Address: Telephone: ( ) Contract Period: Reporting Period: Amount requested this invoice: $ Attach itemized description of services provided. Specific Program: Authorized signature BUDGET SUMMARY For Department Use Only Total contract amount Previous payments Current request Balance remaining Approved for Payment by: Date: Please check the appropriate category= Corporation individual/Proprietor TIN No_ Social Security No.: Print Name: Title: Business Name: Business Address: Business Phone: EXHIBIT CITY OF SPOKANE VALLEY 11707 E. Sprague, Ave., Suite 106 Spokane Valley, WA 99206 Phone: (509) 921 -1000 FAX: (509) 921 -1000 TAX IDENTIF'IATION NUMBER In order for you to receive payment from the City of Spok.ane Valley, you must have either a Tax identification Number or a Social Security Number. The Interval Revenue Service Code requires a Form 1099 for payments to every person or organization other than a corporation for services performed in the course of trade or business. Further, the law requires the City to withhold 20% on reportable amounts paid to unincorporated persons who have not supplied us with their correct Tax Identification Number or Social Security Number. Please complete the following information request form and return it to the City of Spokane Valley prior to or along with the submittal of the first billing invoice_ Partnership Other (explain) Date Authorized Signature (Required) --^ Government Consultant Dick Warren From: Steve Nicholls [nicheng@ix.netcom.com] Sent: Wednesday, May 21, 2003 9:13 AM To: Dick Warren Subject: Barker Road Hi Dick: Exhibit A Thanks for meeting with us yesterday. Attached is an estimate to a presentation for the fall BRAC meeting. I don't believe the exact date in October has been set. Here are some preliminary thoughts on tentative goals for the presentation: 1. Assure the BRAC Committee of the City's Commitment to the project as part of larger Corridor Improvement. 2. Illustrate the present and future condition of Barker Road in terms of o Present traffic (truck traffic!) o Future traffic demands o Future widening of Barker road (LAG manual standards) 3. Demonstrate that the current Structurally Deficient & Functionally Obsolete bridge will not meet current or future needs 4. Show that the deck repair funded in May 2003 is not an adequate solution either functionally or structurally 5. Explain the proposed replacement solution (Alignment, RJW, Detour, etc.) Let us know what you think and thanks for considering us. Steve 5/21/2003 Page 1 of 1 BARKER ROAD BRIDGE PRE- ptN§ CONSTRUCTI.ON ESTilvIATE CITY OFSPOKANE 7ALLR' . £Th!!S NICHOLLS ENGINEERING Pap, 1 5121/2003 ( � TIME IN HOURS SCOPE OF WORK !TEk Principal En r Project E\e2# Pr@mt En erI Te.L Clerical FId£evtew 4 4 Pre e�� er»n raJ�2PAc 4 k _ —_ _ F2� 2K4CgrsAe r . - --8 —_� � TOT *% DUCT n0� 32 . 8 0 0 CIE s £O $ 8550 5 j0 S 5 50 / aO $ 27,50 NTEHOtLS£NG E G P£RSO�£ s \ nmQ TOTAL Tb T£ S 5 1SOD HOURLY FEE BREAKDOWN Pad | En eer Project E ineerlI Project En. - i eer I T. Cltri c1a Basic wage per hour . 8 33.33 8 25.49 8 22,55 8 1667 8 10.78 Overhead m 1.25.00% 8 4147 8 31.85 $ 28.19 $ 20.83 5 13. Fixed Fee g3 8 late 8 765 $ 6.7 $ 3M0 5 3. Hourly rate S 85.0 S 65.00 $ 57.50 $ 42.50 5 27,50 BARKER ROAD BRIDGE PRE- ptN§ CONSTRUCTI.ON ESTilvIATE CITY OFSPOKANE 7ALLR' . £Th!!S NICHOLLS ENGINEERING Pap, 1 5121/2003 ( � CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, GRANTING A N 1 - EXLUSIVE FRANCHISE TO SPOKANE WATER DISTRICT NO. 3 TO CONSTRUCT, MAINTAIN AND OPERATE CERTAIN FACILITIES WITHIN THE PUBLIC RIGHT-OF- WAY AND PUBLIC PROPERTIES OF THE CITY OF SPOKANE VALLEY. DRAFT WHEREAS, RCW 35A.47.040 authorizes the City to grant, permit, and regulate non- exclusive franchises for the use of public streets, bridges or other public ways, structures or places above or below the surface of the ground for railroads and other routes and facilities for public conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for transmission and distribution of electrical energy, signals and other methods of communication, for gas, steam and liquid fuels, for water, sewer and other private and publicly owned and operated facilities for public service; and WHEREAS, the grant of such non- exclusive franchises requires the approving vote of at feast a majority of the entire City Council and publication at 1t.9gt once in a newvspaper of general circulation in the City; and 0 Vi,A, the Council finds that the grant of the franchise contained in this Ordinance, subject to its terms and conditions, is in the best interests of the public. NOW, THEREFORE. the City Council of the City of Spokane Valley, Spokane County, Washington, does ordain as follows: Section 1. Definitions. For the purpose of this Ordinance, the following words and terms shall have the meaning set forth below: 1, "City Manager" shall mean the City Manager or his/her designee_ . "construction" or "construct" shall mean constructing, digging, excavating, laying, testing, operating extending, upgrading, renewing, removing, replacing, and repairing a facility. 3. "day" means a twenty -four (24) hour period beginning at 12 :01 a.rrr. If a thing or act is to be done in less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of time. 4. "distribution system, system and lines" used either in the singular or plural shall mean and include the poles, conductor, pipe, mains, laterals, conduits, feeders, regulators, meters, fixtures, connections, and all _lcpd work fiiles\frauchises Spokane v;rater district 3lspokane water district 3 initial draft.doc 1 DRAFT attachments, appurtenances equipment and appliances necessary and incidental thereto or in any way appertaining to the distribution of the service or product and which are located within a right of way. 5. "facility" used either in the singular or plural shall mean any tangible component of the transmission and distribution system within the right of way or on public property, including supporting structures, located in the operation of activities authorized by this Franchise. The . abandonment by Grantee of any facilities as defined herein shall not act to remove the same from this definition. 6. "Hazardous Substances" shall mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, a hazardous, toxic or radioactive substance, or other similar term, by any federal, state or local environmental statute, regulation, or ordinance or decision of a state or federal court or administrative agency or body, presently in effect or that may be promulgated in the future, and as such statutes, regulations and ordinances may be amended from time to time. 7. "maintenance, maintaining or maintain" shall mean the work involved in the replacement and/or repair of Facilities; including constructing, relaying, repairing, replacing, examining, testing, inspecting, removing, digging and excavating, and restoring operations incidental thereto. 8. "Permittee" shall mean a person or entity who has been granted a permit by the Permitting Authority. 9. "Permitting Authority" shall mean the City Manager or designee authorized to process and grant permits required to perform work in the rights of way (ie. Obstruction Permits). 10. "product" shall refer to the item, thing or use provided by the Grantee. 11. "public property" shall mean any real estate or any facility owned by the City. 12. "right of way" shall refer to the surface of and the space along, above, and below any street, road, highway, freeway, lane, sidewalk, alley, court, boulevard, parkway, drive, Grantee easement, and/or road right of way now or hereafter held or administered by the City. 13. "streets" or "highways" shall mean the surface of and the space above and below, any public street, road, alley or highway, within the City C:\cpd work files\franchiseslspokane water district 31spokane water district 3 initial draft.doc used or intended to be used by the general public, to the extent the City has the right to allow the Grantee to use them. Section 2. Grant of Franchise. The City of Spokane Valley, a Washington municipal corporation (hereinafter the "City "), hereby grants unto , a Washington (for profit/not- for - profit) corporation (hereinafter "Grantee "), a franchise for a period of years, beginning on the effective date of this Ordinance, to install, construct, operate, maintain, replace and use all necessary equipment and facilities for purposes described on Exhibit A, system, in, under, on, across, over, through, along or below the public right -of -ways and public places located in the City of Spokane Valley, as approved under City permits issued pursuant to this franchise (hereinafter the "Franchise "). Sect 3. Fee. No right-of-way use fee shall be imposed for the term of this Franchise. At such time as a right-of-way use or franchise fee may be imposed by a City ordinance, applicable to Grantee, however, the same shall be imposed after sixty (60) days' written notice from the City to the Grantee. Any such right -of -way use or franchise fee that may be imposed would apply to any subsequent franchise, if any, between the parties. Section 4. City Use. The following provisions shall apply regarding City use. This will be any applicable "me too" clause relating to providing any service or benefit being provided under other similar franchises from any other governmental entity from the company seeking the franchise. Section 5. Recovery of Costs. Grantee shall be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise or under ordinances of the City. Where the City incurs costs and expenses for review or inspection of activities undertaken through the authority granted in this Franchise or any ordinances relating to the subject for which a permit fee is not established, Grantee shall pay such costs and expenses directly to the City. In addition to the above, Grantee shall promptly reimburse the City for any and all costs it reasonably incurs in response to any emergency involving Grantee's facilities. Section 6. Non- Exclusivity. This Franchise is granted upon the express condition that it shall not in any manner prevent the City from granting other or further franchises in, under, on, across, over, through, along or below any right -of -ways, streets, avenues and any other public lands and properties of every type and description. This and other franchises shall, in no way, prevent or prohibit the City from using any of its right -of -ways, roads, streets or other public properties or affect its jurisdiction over them or any part of them. The City hereby retains full power to make all changes, relocations, repairs, maintenance, establishments, improvements, dedications or vacation of same as the City may deem fit, including the dedication, establishment, maintenance, and improvement of all new right -of -ways, streets, avenues, thoroughfares and other public properties of every type and description. Section 7. Non - Interference with Existing Facilities. The City shall have prior and superior right to the use of its roads, streets, and alleys, and public properties for installation and maintenance of its facilities and other governmental purposes, and should in the sole discretion C:\cpd work fileslfranchiseslspokane water district 31spokane water district 3 initial draft.doc 3 of the City a conflict arise with the Grantee's facilities, the Grantee shall, at its own expense and cost, conform to the City's facilities and other government purposes of the City. The owners of all utilities, public or private, installed in or on such public properties prior to the installation of the lines and facilities of the Grantee, shall have preference as to the positioning and location of such utilities so installed with respect to the Grantee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such public properties. Grantee's system shall be constructed and maintained in such manner as not to interfere with sewers, water pipes, or any other property of the City, or with any other pipes, wires, conduits or other facilities that may have been laid in the rights of way by or under the City's authority. Section 8. Right to Roads Not Superseded. The City, in the granting of this Franchise, does not waive any rights which it now holds or may hereafter acquire, and this Franchise shall not be construed so as to deprive the City of any powers, rights, or privileges which it now bas, or may hereafter acquire, including the right of eminent domain, to regulate the use and control of its roads covered by this Franchise, or to go upon any and all City roads and highways for any purpose including constructing, repairing, or improving the same in any such manner as the City, or its representatives may elect. The City shall retain full authoritative power in the same and like manner as though this Franchise had never been granted. Nothing in this Franchise shall be construed to prevent the City from constructing facilities, grading, paving, repairing and/or altering any street, or laying down, repairing or removing facilities or constructing or establishing any other public work or improvement. All such work shall be done, insofar as practicable, so as to not obstruct, injure or prevent the unrestricted use and operation of the facilities of the Grantee under this Franchise. If, however, any of the Grantee's facilities interfere with City projects, Grantee's facilities shall be removed or replaced. Any and all such removal or replacement shall be at the sole expense of the Grantee. Should Grantee fail to remove, adjust or relocate its facilities by the date established by the City Engineer's written notice to Grantee, the City may cause and/or effect such removal, adjustment or relocation, and the expense thereof shall be paid by Grantee. Section 9. Commencement of Construction. Construction (IF APPLICABLE) of the facilities contemplated by this Franchise may commence within days of the effective date of this Ordinance, provided that such time limit shall not apply to delays caused by acts of God, strike or other occurrences over which Grantee has no control. Failure to begin construction of facilities within one (1) year of this franchise shall automatically result in termination of this franchise. Section 10. Construction Standards. All facilities shall be installed in conformity with the plans and specifications filed with the City, except in instances in which deviation may be allowed in writing by the City Engineer pursuant to application by the Grantee. All plans and specifications shall specify the class and type of material and equipment to be used, manner of excavation, construction and installation, backfill, erection of temporary structures, erection of permanent structures, and the traffic control mitigation measures as provided by the Manual on C:\cpd work files \franchises\spokane water district 3'spokane water district 3 initial draft.doc 4 Uniform Traffic Control Devices, or similar standards as may be applicable from time to time. The plans must meet all Federal, State, County and City Codes and the Utility Accommodation Plan Standards. Notwithstanding any provision herein to the contrary, any excavations and installations by the Grantee in any of the public properties within the corporate limits of the City shall be done in accordance with such reasonable rules, regulations, resolutions, and resolutions of general application now enacted or to be enacted by City Council, relating to excavations in public properties of the City, and authorized by the City Engineer. Said rules, regulations, authorizations, and resolutions shall be for the purposes of fulfilling the City's public trustee role in administering the primary use and purpose of public properties, and not for relieving the Grantee of any duty, obligation, or responsibility for the competent design, construction, maintenance, and operation of its facilities. Grantee is responsible for the supervision, condition, and quality of the work done, whether it is by itself or by contractors, assigns or agencies. Section 11. Special Construction Standards. During any period of work relating to Grantee's facilities, all surface structures and equipment, if any, shall be erected and used in such places and positions within or adjacent to public right -of -ways and other public properties so as to interfere as little as possible with the free passage of vehicular and pedestrian traffic and the free use of adjoining property. Grantee shall, at all times, post and maintain proper barricades and comply with all applicable safety regulations during such period of construction as required by the ordinances of the City, conditions of permits, and laws and regulations of the State of Washington, specifically including RCW 39.04.180 for the construction of trench safety systems. If Grantee shall at any time be required, or plan, to excavate trenches in any area covered by this Ordinance, the Grantee shall afford the City an opportunity to permit other franchisees and utilities to share such excavated trenches, provided that: (1) such joint use shall not unreasonably delay the work of the Grantee; and (2) such joint use shall not adversely affect Grantee's facilities or safety thereof. When deemed appropriate by the City, joint users may be required to contribute to the costs of excavation and filling. Section 12. Restoration After Construction. Grantee shall, after abandonment approved under Section 29 herein, or any other installation, construction, relocation, maintenance, or repair of facilities within the area of this Franchise, restore the surface of the right -of -way or public property to at least the condition that the same was in immediately prior to any such work. Grantee agrees to promptly complete all restoration work and to promptly repair any damage caused by such work within the area of this Franchise or other affected area at its sole cost and expense. Section 13. Damage and Non - Compliance. Any and all damage, or injury, done or caused to City right of way, City facilities, or any portion thereof in the construction, operation, maintenance or repair of Grantee's facilities shall be immediately repaired and reconstructed to the satisfaction of the City Engineer; and in the event the Grantee shall fail, neglect, or refuse to immediately repair and reconstruct said damage or injury to said City right of way or facilities, the same may be done by the City and the cost and expense shall be immediately paid by the Grantee to the City. C:\cpd work files\franchises\spokane water district 3\spokane water district 3 initial draft.doc 5 If it is discovered by the City that Grantee has damaged, injured, or failed to restore the right of way in accordance with this Franchise, the City shall provide the Grantee with written notice including a description of actions the City believes necessary to restore the right of way. If the right of way is not restored within ten (10) days' from written notice, the City, or its authorized agent, may restore the, right of way and facilities. The Grantee is responsible for all costs and expenses incurred by the City to repair and restore the right of way and facilities in accordance with this Franchise. The rights granted to the City under this Section 10 shall be in addition to those otherwise provided by this Franchise. Section 14. Protection of Monuments. Before any work is performed under this Franchise which may affect any existing monuments or markers of any nature relating to subdivisions, plats, roads, and all other surveys, the Grantee shall reference all such monuments and markers. The reference points shall be so located that they will not be disturbed during the Grantee's operations under this Franchise. The method of referencing these monuments or other points to be referenced shall be approved by the City Engineer. All concrete encased recorded monuments which have been disturbed or displaced by such work shall be restored pursuant to Federal standards and specifications. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as the conditions permit, and as directed by the City Engineer. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement of approved monuments and other marker ties which have been re- established or disturbed shall be borne by the Grantee. Section 1 Drainaee. If the work done under this Franchise interferes in any way with the drainage of a City right of way, the Grantee shall wholly and at its own expense make such provisions necessary to eliminate the interference to the drainage to the satisfaction of the City Engineer. Section 16. Obstruction Permits Required. Whenever Grantee shall occupy or excavate in any public right -of -way or other public property for the purpose of installation, construction, repair, maintenance or relocation of its facilities, it shall apply to the City for a permit to do so, together with detailed plans and specifications showing the position, depth, and location of all such facilities in relation to existing right -of -ways, roads, streets, or other public property, hereinafter collectively referred to as the "Plans." All work within any public rights - of - way or other public property shall be pursuant to permit a valid permit. The facilities shall be installed or constructed in exact conformity with said Plans except in instances in which deviation may be allowed by the City, in writing, in response to written application by Grantee. The Plans shall specify the class and type of material and equipment to be used, manner of excavation, construction, installation, baclfill, erection of temporary structures and facilities, erection of permanent structures and facilities, traffic control, traffic turnouts and road obstructions, and all other necessary information including a schedule for the work. During the progress of the work, Grantee shall not unnecessarily obstruct the passage or proper use of the right -of -ways. Grantee shall file as -built plans and maps with the City showing the final location of the facilities. All restoration of right -of- -ways, roads, streets, storm drainage and the surface of other public property shall be in conformance with City standards, and conditions of the permit. C:\cpd work fileslfranchises \spokane water district 31spokane water district 3 initial draft.doc 6 Section 17. Maintenance. Grantee shall provide and put in use all facilities necessary to control and carry Grantee's products so as to prevent injury to the City's property or property belonging to any person within the City. Grantee, solely at its own expense, shall repair, renew, change, and improve said facilities from time to time as may be necessary to maintain the same in good condition. Grantee shall not construct its facilities in a manner that requires any customer to install cables, ducts, conduits, or other facilities, in, under, or over the City's rights of way. Section 18. Emergency Response. The Grantee shall, within six months of the execution of this Franchise by the Grantee, prepare and file with the City and adhere to an Emergency Management Plan (the "Plan ") for responding to any spill, break, or other emergency condition. The Plan shall designate responsible officials and emergency 24 -hour on -call personnel and the procedures to be followed when responding to an emergency. When developing such Plan, the Grantee shall work with the City Engineer and the City's Police Department to determine when and how the same should be contacted during emergencies. After being notified of an emergency, Grantee shall cooperate with the City and make every effort to immediately respond with action to minimize damage and to protect the health and safety of the public. In the event the Grantee fails or refuses to promptly take the directed action, or fails to fully comply with such direction, or if emergency conditions exist which require immediate action to prevent imminent injury or damages to persons or property, the City may take such actions as it believes are necessary to protect persons or property and the Grantee shall be responsible to reimburse the City for its costs and any expenses. Section 19. Emergency Work. In the event of any emergency in which any of Grantee's facilities break, are damaged, or if Grantee's facilities or construction areas are otherwise in such a condition as to immediately endanger any property, life, health, or safety, Grantee shall immediately inform the City of the location and condition and shall immediately take all necessary actions to repair its facilities, and to cure or remedy any dangerous conditions. Such emergency work may be commenced without first applying for and obtaining a permit as required by this Franchise. However, this provision shall not relieve Grantee from the requirement of obtaining any permits necessary for this purpose, and Grantee shall apply for all such permits not later than the next succeeding day during which the City is open for business. Section 20. One -Call System. Pursuant to RCW 19.122, Grantee is responsible for becoming familiar with, and understanding, the provisions of Washington's One -Call statutes. Grantee shall comply with the terms and conditions set forth in the One -Call statutes. Section 21. Inspections and Fees. All work performed by Grantee shall be subject to inspection by and approval of the City. The Grantee shall reimburse the City for all expenses incurred by the City in the examination, inspection, and approval of Grantee's work. Such reimbursement shall be in addition to any other fees or charges levied by the City. Section 22. Safety. The Grantee, in accordance with applicable federal, state, and local safety rules and regulations, shall, at all times, employ ordinary care in the installation, C:\cpd work fileslfranchises\spokane water district 31spokane water district 3 initial draft.doc 7 abandonment, relocation, construction, maintenance, and/or repair, utilizing methods and devices commonly accepted in their industry of operation to prevent failures and accidents that are likely to cause damage, injury, or nuisance to persons or property. All of Grantee's facilities in the Right of Way shall be constructed and maintained in a safe and operational condition. Grantee shall follow all safety codes and other applicable regulations in the installation, operation, and maintenance of the facilities. Section 23. Building Moving. Whenever any person shall have obtained permission from the City to use any right of way for the purpose of moving any building or other oversized structure, Grantee, upon fourteen (14) days' written notice from the City, shall raise or remove, at the expense of the Permittee desiring to move the building or structure, any of Grantee's facilities that may obstruct the movement thereof; provided, that the path for moving such building or structure is the path of least interference to Grantee's facilities, as determined by the City. Section 24. Acquiring New Facilities. Upon Grantee's acquisition of any new facilities in the rights of way, or upon any addition or annexation to the City of any area in which Grantee retains any such facilities in the rights of way, the Grantee shall submit to the City a written statement describing all facilities involved, whether authorized by Franchise or any other form of prior right, and specifying the location of all such facilities. Such facilities shall immediately be subject to the terms of this Franchise. Section 25. Dangerous Conditions - Authority of City to Abate. Whenever excavation, installation, construction., repair, maintenance, or relocation of facilities authorized by this Franchise has caused or contributed to a condition that appears to substantially impair the lateral support of the adjoining right -of -way, road, street or other public place, or endangers the public, adjoining public or private property or street utilities, the City may direct Grantee, at Grantee's sole expense, to take all necessary actions to protect the public and property. The City may require that such action be completed within a prescribed time. In the event that Grantee fails or refuses to promptly take the actions directed by the City, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, the City may enter upon the property and take such actions as are necessary to protect the public, adjacent public or private property, or street utilities, or to maintain the lateral support thereof, and all other actions deemed by the City to be necessary safety precautions; and Grantee shall be liable to the City for all costs and expenses thereof. Section 26. Hazardous Substances. Grantee shall comply with all applicable state and federal laws, statutes, regulations and orders concerning Hazardous Substances relating to Grantee's facilities in the right of way. Grantee shall maintain and inspect its facilities located in the rights of way. Upon reasonable notice to Grantee and in the presence of an authorized representative of Grantee, the City may inspect Grantee's facilities in the rights of way to determine if any release of Hazardous Substances has occurred, or may occur, from or related to Grantee's facilities. This inspection is not to remove the burden of inspection from the Grantee on a periodic basis of its facilities for Hazardous Substances, nor is to remove the responsibility of the Hazardous substance from the Grantee. In removing or modifying Grantee's facilities as C:\cpd work fi.leslfranchiseslspokane water district 3lspokane water district 3 initial draft.doc 8 provided in this Franchise. Grantee shall also remove all residue of Hazardous Substances in compliance with applicable envirotvrental clean -up standards related thereto. Grantee agrees to forever indemnify the City against any claims, costs, and expenses, of any kind, whether direct or indirect, incurred by the City arising out of the release or threat of release of Hazardous Substances caused by Grantee's ownership or operation of its facilities within the City's right of way. Section 27. Environmental. Grantee shall comply with all environmental protection Jaws, rules, recommendations, and regulations of the United States and the State of Washington, and their various subdivisions and agencies as they presently exist or may hereafter be enacted, promulgated, or amended, and shall indemnify and hold the City harmless from any and all damages arising, or which may arise, or be caused by, or result from the failure of Grantee fully to comply with any such laws, rules, recommendations, or regulations, whether or not Grantee's acts or activities were intentional or unintentional. Grantee shall further inderrMify the City against all losses, costs, and expenses (including legal expenses) which the City may incur as a result of the requirement of any government or governmental subdivision or agency to clean and/or remove any pollution caused or permitted by Grantee, whether said requirement is during the term of the Franchise or subsequent to its termination. Section 28. Relocation of Facilities_ Grantee agrees and covenants, at its sole cost and expense, to protect, support, temporarily disconnect, relocate or remove from any street any of its facilities when so required by the City by reason of traffic conditions or public safety dedications of new right -of -ways and the establishment and improvement thereof, freeway construction, change or establishment of street grade, or the construction of any public improvement or structure, provided that Grantee shall in all such cases have the privilege to temporarily bypass, in the authorized portion of the same street upon approval by the City, any section of their facilities required to be temporarily disconnected or removed. If the City determines that the project necessitates the relocation of Grantee's then- existing facilities, the City shall; a) At least sixty (60) days prior to the commencement of such improvement project, provide Grantee with written notice requiring such relocation; and b) Provide Grantee with copies of pertinent portions of the plans and specifications for such improvement project and a proposed location for Grantee's facilities so that Grantee may relocate its facilities in other City right -of -way in order to accommodate such improvement project. c) After receipt of such notice and such plans and specification, Grantee shall complete relocation of its facilities at no charge or expense to the City so as to accommodate the improvement project at least ten (10) days prior to commencement of the project. Grantee may, after receipt of written notice requesting a relocation of its facilities. submit to the City written alternatives to such relocation. The City shall evaluate such alternatives and Cfscpd work fleslfranchises%spokane water district 3 Spokane water district 3 initial draft.doc 9 advise Grantee in writing if one or more of the alternatives is suitable to accommodate the work which would otherwise necessitate relocation of the facilities. If so requested by the City, Grantee shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by Grantee full and fair consideration. In the event the City ultimately determines that there is no other reasonable alternative, Grantee shall relocate its facilities as otherwise provided in this Section. The provisions of this Section shall in no manner preclude or restrict Grantee from making any arrangements it may deem appropriate when responding to a request for relocation of its facilities by any person or entity other than the City, where the facilities to be constructed by said person or entity are not or will not become City owned, operated or maintained facilities, provided that such arrangements do not unduly delay a City construction project. Section 29. Abandonment of Grantee's Facilities. No facility constructed or owned by Grantee may be abandoned without the express written consent of the City. Any plan for abandonment or removal of Grantee's facilities must be first approved by the City, and all necessary permits must be obtained prior to such work. Section 30. Records. As a condition of this Franchise, and at its sole expense, Grantee agrees to provide the City with available as- built plans, potential improvement plans, field locates, maps, plats, specifications, profiles, and records of its facilities within City right of way. Such documents shall be provided within six months of the execution of said Franchise by Grantee. These records shall be in a digital electronic format acceptable to the City, unless the City Engineer deems it to be a hardship to the Grantee, in which case a hard copy in a format acceptable to the City Engineer shall be provided. Grantee shall provide the City a plan map updated annually showing all Grantee's facilities located within the City right of way or public properties. To the extent such requests are limited to specific facilities at a given location within the Franchise area in connection with the construction of any City project, Grantee shall provide to the City, upon the City's reasonable request, copies of available drawings in use by Grantee showing the location of such facilities. Grantee shall field locate its facilities in order to facilitate design and planning of City improvement projects. Upon written request of the City, Grantee shall provide the City with the most recent update available of any plan of potential improvements to its facilities within the Franchise area provided, however, any such plan so submitted shall be for informational purposes only, and shall not obligate Grantee to undertake any specific improvements within the Franchise area. Public Disclosure Act: Grantee acknowledges that information submitted to the City may be subject to inspection and copying under the Washington Public Disclosure Act codified in chapter 42.17 RCW. Grantee shall mark as "CONFIDENTIAL" each page or portion thereof of any documentation/information which it submits to the City and which it believes is exempt from public inspection or copying. The City agrees to provide the Grantee with a copy of any public disclosure request to inspect or copy documentation/information which the Grantee has provided to the City and marked as "CONFIDENTIAL" prior to allowing any inspection and/or C:1cpd work files\franchises\spokane water district 3\spokane water district 3 initial draft.doc 10 copying as well as provide the Grantee with a time frame, consistent with RCW 42.17.320, to provide the City with its written basis for non - disclosure of ' the requested documentation /information. In the event the City disagrees with the Grantee's basis for non- disclosure, the City agrees to withhold release of the requested documentation/information in dispute until the Grantee can file a legal action under RCW 42.17.330. Section 31. Limitation on Future Work. In the event that the City constructs a new street or reconstructs an existing street, the Grantee shall not be permitted to excavate such street for a period of five (5) years absent emergency circumstances, unless otherwise agreed by the City. Section 32. Remedies to Enforce Compliance. In addition to any other remedy provided herein, the City reserve the right to pursue any remedy to compel or force Grantee and/or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein. Section 33. City Ordinances and Regulations. Nothing herein shall be deemed to direct or restrict the City's ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this Franchise, including any reasonable ordinances made in the exercise of its police powers in the interest of public safety and for the welfare of the public. The City shall have the authority at all times to control by appropriate regulations the location, elevation, and manner of construction and maintenance of any facilities by Grantee, and Grantee shall promptly conform with all such regulations, unless compliance wou]d cause Grantee to violate other requirements of law. Section 34. Vacation. If, at any time, the City shall vacate any City road, right -of -way or other City property which is subject to rights granted by this Franchise and said vacation shall be for the purpose of acquiring the fee or other property interest in said road, right -of -way or other City property for the use of the City, in either its proprietary or governmental capacity, then the City may, at its option and by giving thirty (30) days written notice to the grantee, terminate this Franchise with reference to such City road, right -of -way or other City property so vacated, and the City shall not be liable for any damages or loss to the grantee by reason of such termination. Section 35. Indemnification. Grantee hereby releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its officers, employees, agents and representatives from any and all claims, costs, judgments, awards or liability to any person, including claims by Grantee's own employees to which Grantee might otherwise be immune under Title 51 RCW, arising from injury or death of any person or damage to property of which the negligent acts or omissions of Grantee, its agents, servants, officers or employees in performing services under this Franchise are the proximate cause. Grantee further releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its officers and employees from any and all claims, costs, judgments, awards or liability to any person, including claims by Grantee's own employees to which Grantee might otherwise have immunity under Title 51 RCW, arising against the City solely by virtue of the City's ownership C:\cpd work fileslfranchiseslspokane water district 31spokane water district 3 initial draft.doc 11 or control of the right -of -ways or other public properties, by virtue of Grantee's exercise of the rights granted herein, or by virtue of the City's permitting Grantee's use of the City's right -of- ways or other public property based upon the inspection or lack of inspection of work performed by Grantee, its agents and servants, officers or employees in connection with work authorized on the City's property or property over which the City has control, pursuant to this Franchise or pursuant to any other permit or approval issued in connection with this Franchise. This covenant of indemnification shall include, but not be limited by this reference, to claims against the City arising as a result of the negligent acts or omissions of Grantee, its agents, servants, officers or employees in barricading, instituting trench safety systems or providing adequate warnings of any excavation, construction, or work in any public right -of -way or other public place in performance of work or services permitted under this Franchise. Inspection or acceptance by the City of any work performed by Grantee at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation. In the event that Grantee refuses to accept the tender of defense in any suit or any claim, said tender having been made pursuant to the indemnification clauses contained herein, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of Grantee, then Grantee shall pay all of the City's costs for defense of the action, including all reasonable expert witness fees and reasonable attorneys' fees and the reasonable costs of the City, including reasonable attorneys' fees of recovering under this indemnification clause. Should a court of competent jurisdiction (or such other tribunal that the parties shall agree to decide the matter) determine that this Franchise, or work conducted under authority of this Franchise, 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 Grantee and the City, its officers, employees and agents, Grantee's liability hereunder shall be only to the extent of Grantee's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes Grantee's waiver of immunity under Title 51 RCW, solely for the purpose of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this Section 35 shall survive the expiration or termination of this Franchise agreement, for a period of three (3) years. Section 36. Insurance. Grantee shall procure and maintain for the duration of the Franchise, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges and authority granted hereunder to Grantee, its agents, representatives or employees. Grantee shall provide a copy of such insurance certificate to the City for its inspection prior to the adoption of this Ordinance, and such insurance shall evidence: C:\cpd work fileslfranchises\spokane water district 31spokane water district 3 initial draft.doc 12 1. Automobile Liability insurance with limits no less than $1,000,000 Combined Single Limit per accident for bodily injury and property damage. Such liability insurance shall only be required from Grantee for vehicles owned or controlled by Grantee. Any contractor hired by Grantee to perform labor in the performance of this franchise shall be required to obtain auto insurance as stated in this subsection; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 Combined Single Limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products /completed operations; broad form property; explosion, collapse and underground (XCU); and Employer's Liability. Any deductibles or self- insured retentions must be declared to and approved by the City. Payment of deductible or self - insured retention shall be the sole responsibility of Grantee. Recognizing the term of this Franchise, the City Council may unilaterally adjust the insurance liability limits to reflect the degree of risk and market conditions. The insurance obtained by Grantee shall name the City, its officers, employees and volunteers as insureds with regard to activities performed by or on behalf of Grantee. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. In addition, the insurance certificate shall contain a clause stating that coverage shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. Grantee's insurance shall be the primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of Grantee's insurance and shall not contribute to it. The insurance certificate required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Any failure to comply with the reporting provisions of the policies required herein shall not affect coverage provided to the City, its officers, officials, employees or volunteers. Section 37. Bond. Before undertaking any of the work, installation, improvements, construction, repair, relocation or maintenance authorized by this Franchise, Grantee, or any parties Grantee contracts with to perform labor in the performance of this franchise, shall, upon the request of the City, furnish a bond executed by Grantee or Grantee's contractors and a corporate surety authorized to operate a surety business in the State of Washington, in such sum as may be set and approved by the City as sufficient to ensure performance of Grantee's obligations under this Franchise. The bond shall be conditioned so that Grantee shall observe all the covenants, terms and conditions and shall faithfully perform all of the obligations of this Franchise, and to repair or replace any defective work or materials discovered in the City's road, streets, or property. C:Icpd work files\franchiseslspokane water district 3\spokane water district 3 initial draft.doc 13 Section 38. Modification. The City and Grantee hereby reserve the right to alter, amend or modify the terms and conditions of this Franchise upon written agreement of both parties to such alteration, amendment or modification. Section 39. Compliance With New Regulations. The City reserves for itself the right to change, amend, modify, or amplify this Franchise to conform to any state statute, or Spokane County and/or City regulation, Utility Accommodation Plan, or right of way regulation, State and National Codes, Standards, and Regulations as may hereafter be enacted, adopted or promulgated. If the Grantee fails to comply with its terms and conditions, or if the Grantee fails to comply with such changes, amendments, modifications, and/or amplifications, this Franchise may be terminated at any time upon ninety (90) days' written notice to the Grantee to terminate this Franchise and upon termination the City shall have a lien upon all equipment and materials erected or placed under this Franchise, which lien may be enforced to reimburse the City for any reasonable expenses and payments incurred in terminating this Franchise and to cure defaults by the Grantee. Section 40. Forfeiture and Revocation. If Grantee willfully violates or fails to comply with any of the provisions of this Franchise, or through willful or unreasonable negligence fails to heed or comply with any notice given Grantee by the City under the provisions of this Franchise, then Grantee shall, at the election of the City, forfeit all rights conferred hereunder and this Franchise may be revoked or annulled by the City after a hearing held upon reasonable notice to Grantee. The City may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to obtain an order from the Spokane County Superior Court compelling Grantee to comply with the provisions of this Franchise and to recover damages and costs incurred by the City by reason of Grantee's failure to comply. Section 41. Assignment. This Franchise may not be assigned or transferred without the written approval of the City. For purposes hereof, the grant of any security agreement or security interest in the facilities of the Grantee to secure any financing or refinancing, shall constitute an assignment of this Franchise for which written approval would be required. In the case of the transfer or assignment as collateral for a mortgage or other security instrument in whole or in part to secure indebtedness, such consent shall not be required unless and until the secured party elects to realize upon the collateral. Grantee shall provide prompt, written notice to the City of any such assignment. Section 42. Costs of Publication. The cost of the preliminary and/or final publication of this Ordinance and/or its Ordinance Summary shall be borne by Grantee. Section 43. Acceptance. Not later than thirty (30) days after passage and publication of this Ordinance, the Grantee must accept the Franchise herein by filing with the City Clerk an unconditional written acceptance thereof. Failure of Grantee to so accept this Franchise within said period of time shall be deemed a rejection thereof by Grantee, and the rights and privileges herein granted shall, after the expiration of the five day period, absolutely cease, unless the time period is extended by ordinance duly passed for that purpose. Section 44. Survival. All of the provisions, conditions and requirements of Sections: C:1cpd work tiles\franchiseslspokane water district 3\spokane water district 3 initial draft.doc 14 4, 5, 11, 24, 25, 34 and 48 of this Franchise shall be in addition to any and all other obligations and liabilities Grantee may have to the City at common law, by statute, by ordinance, or by contract, and shall survive termination of this Franchise, and any renewals or extensions hereof. All of the provisions, conditions, regulations and requirements contained in this Franchise shall further be binding upon the heirs, successors, executors, administrators, legal representatives and assigns of Grantee and all privileges, as well as all obligations and liabilities of Grantee shall inure to its heirs, successors and assigns equally as if they were specifically mentioned wherever Grantee is named herein. Section 45. Severabilitv. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. In the event that any of the provisions of the Franchise are held to be invalid by a court of competent jurisdiction, the City reserves the right to reconsider the grant of the Franchise and may amend, repeal, add, replace or modify any other provision of the Franchise, or may terminate the Franchise. Section 46. Renewal. Application for extension or renewal of the term of this Franchise shall be made no sooner than one year before expiration thereof. In the event the time period granted by this Franchise expires without being renewed by the City, the terms and conditions hereof shall continue in effect until this Franchise is either renewed or terminated by the City. Section 47. Notice. Any notice or information required or permitted to be given by or to the parties under this Franchise may be sent to the following addresses unless otherwise specified, in writing: 44 The City: With a Copy to: City of Spokane Valley Attn: City Clerk 11707 E. Sprague Spokane Valley, WA 99206 City of Spokane Valley Public Works Director 11707 E. Sprague Spokane Valley, WA 99206 Grantee: Section 48. Choice of Law. Any litigation between the City and Grantee arising under or regarding this Franchise shall occur, if in the state courts, in the Spokane County Superior Court, and if in the federal courts, in the United States District Court for the Eastern District of Washington. C:lcpd work fileslfranchises\spokane water district 3\spokane water district 3 initial draft.doc 15 Section 49. Non-Waiver. The City shall be vested with the power and authority to reasonably regulate the exercise of the privileges permitted by this Franchise in the public interest. Grantee shall not be relieved of its obligations to comply with any of the provisions of this Franchise by reason of any failure of the City to enforce prompt compliance, nor does the City waive or limit any of its rights under this Franchise by reason of such failure or neglect Section 50. Entire Agreement. This Franchise constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understandings, written or otherwise, shall be binding upon the parties upon execution and acceptance hereof. This Franchise shall also supersede and cancel any previous right or claim of Grantee to occupy the County roads as herein described. Section 51. Effective Date. This Ordinance shall be in full force and effect on the official date of incorporation provided publication of this Ordinance or a summary thereof occurs in the official newspaper of the City of Spokane Valley as provided by law. ATTEST: PASSED by the City Council this day of May, 2003. Interim City Clerk, Ruth Muller Approved as to Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: Mayor, Michael DeVleming C:\cpd work files\franchises\spokane water district 3\spokane water district 3 initial draft_doc 16 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ESTABLISHING A 401 MONEY PURCHASE RETIREMENT PLAN FOR THE CITY MANAGER. WHEREAS, the City Council has entered into an employment agreement with the City Manager which provides, in part, for the establishment of a separate retirement program for the City Manager in lieu of the Washington Public Employees Retirement System (PERS); and WHEREAS, the establishment of a money purchase retirement plan benefits the City Manager by providing funds for retirement and funds for his beneficiaries in the event of death; and WHEREAS, the City Council desires that its money purchase retirement plan be administered by the ICMA Retirement Corporation and that the funds held under such plan be invested in the ICMA Retirement Trust, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans; NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. Plan Adopted. The City Council hereby establishes an additional money purchase retirement plan (the "Plan") in the form of the ICMA Retirement Corporation Governmental Money Purchase Plan & Trust, pursuant to the specific provisions of the Adoption Agreement, attached hereto as Appendix "A ". The Plan shall be maintained for the exclusive benefit of eligible employees and their beneficiaries. Section 2. Declaration of Trust. The City hereby accepts and adopts the Declaration of Trust of the ICMA Retirement Trust, attached hereto as Appendix "B ", intending this execution to be operative with respect to any retirement or deferred compensation plan subsequently established by the Employer, if the assets of the plan are to be invested in the ICMA Retirement Trust. Section 3. Trustee. The City as Employer hereby agrees to serve as trustee under the Plan and to invest funds held under the Plan in the ICMA Retirement Trust. Section 4. Plan Coordinator. The Finance Director of the City shall be the coordinator for the Plan; shall receive reports, notices, etc., from the ICMA Retirement Corporation or the ICMA Retirement Trust; shall cast, on behalf of the Employer, any required votes under the ICMA Retirement Trust; may delegate any administrative duties relating to the Plan to appropriate staff; and is authorized to execute all necessary agreements with the ICMA Retirement Corporation incidental to the administration of the Plan. Section 5. adoption. Effective Date. This Resolution shall be in full force and effective upon ATTEST: Adopted this day of June, 2003. Christine Bainbridge, City Clerk Approved as to Form: Interim City Attorney, Stanley M. Schwartz City of Spokane Valley Mayor Michael DeVleming 11. The ,Effective Date of the Plan shall be the first day of the PlanYear during which the Employer adopts the Plan, unless an alternate Effective Date is hereby specified: May 1, 2003 PlanYear will mean: I V Appendix "A" ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT The Employer hereby establishes a Money Purchase Plan and Trust to be known as (the "Plan ") in the form of the ICMA Retirement Corporation Governmental Money Purchase Plan andTrust.The Plan shall be known as: City of Spokane Valley City Manager's PERS Substitute Plan This Plan is an amendment and restatement of an existing defined contribution money purchase plan. ❑ Yes No if yes, please specify the name of the defined contribution money purchase plan which this Plan hereby amends and restates: I. Employer Name: City of Spokane Valley, WA • The twelve (12) consecutive month period which coincides with the limita- tion year. (See Section 5.04(i) of the Plan.) 1803) O The twelve (12) consecutive month period commencing on and each anniversary thereafter. Normal Retirement Age (not to exceed age 65) shall be age 55 V ELIGIBILITY REQUIREMENTS: 1. The following group(s) of Employees are eligible to participate in the Plan: x All Employees All Pull -Time Employees Salaried Employees Non -union Employees Management Employees Public Safety Employees General Employees Other (specify below): City Manager Account Number 10- 8382 (906) [902] [803] (288) MPP Adoption Agreement 4/30/2000 1 The group specified must correspond to a group of the same designation that is defined in the statutes, ordinances, rules, regulations, personnel manuals or other material in effect in the state or locality oldie Employer. 2 The Employer hereby waives or reduces the requirement of a twelve (12) month Period of Service for participation. The required Period of Service shall be N/A write N/A if an Employee is eligible to participate upon employment). If this waiver or reduction is elected, it shall apply to all Employees within the Covered Employment Classification. 3. A minimum age requirement is hereby specified for eligibility to participate. The minimum age requirement is N/A (not to exceed age 21). Write N/A if no mini- mum age is declared_ VI. CONTRIBUTION PROVISIONS 1. The Employer shall contribute as follows (choose one): Fixed Employer Contributions With Or Without Mandatory Participant Contributions. The Employer shall contribute on behalf of each Participant 21 % of earnings or $ " for the PlanYear (subject to the limitations ofArticleV of the Plan). Each Participant is required to contribute 0 % of earnings or $ 0 for the PlanYear as a condition of participation in the Plan. (Write "0" if no contribution is required.) If Participant Contributions are required under this option, a Participant shall not have the right to discontinue or vary the rate of such contribu- tions after becoming a Plan Participant. The Employer hereby elects to "pick up" the Mandatory /Required Participant Contribution. [344] 13411 xIEI Yes 0 No [6211 The pick -up provision specifies that the contribution is treated, for federal income tax purposes, as though it is made by the employer.The pick -up provision allows the employee to defer taxes on the employee mandatory contribution.The actual result is the same as if the contribu- tion were a reduction in that employee's salary by the amount of the contribution. Picked up contributions are NOT exempt from Social Security ray [Note to Employer: A determination letter issued to an adopting Em- ployer is not a ruling by the Internal Revenue Service that Participant contributions that are picked up by the Employer are not includable in the Participant's gross income for federal income tax purposes. The Employer may seek such a ruling. 2 MPP Adoption Agreement 4/30/2000 CD [Picked up contributions are excludable from the Participant's gross income under section 414(h)(2) of the Internal Revenue Code of 1986 only if they meet the requirements of Rev. Rul. 81-35, 1981 -1 C.B. 255. Those requirements are (1) that the Employer must specify that the contributions, although designated as employee contributions, are being paid by the Employer in lieu of contributions by the employee; and (2) the employee must not have the option of receiving the contributed amounts directly instead of having them paid by the Employer to the plan.] ❑ Fixed Employer Match of Participant Contributions. The Employer shall contribute on behalf of each Participant % of Earnings for the Plan Year (subject to the limitations ofArticleV of the Plan) for each Plan Year that such Participant has contributed % of Earnings or $ . Under this option, there is a single, fixed rate of Employer contributions, but a Participant may decline to make the required Participant contributions in any Plan Year, in which case no Employer contribution will be made on the Participant's behalf in that Plan Year. ❑ Variable Employer Match Of Participant Contributions. The Employer shall contribute on behalf of each Participant an amount determined as follows (subject to the limitations ofArticleV of the Plan): of the contributions made by the Participant for the Plan Year (not including Participant contributions exceeding % of Earnings or $ ); PLUS % of the contributions made by the Participant for. the PlanYear in excess of those included in the above paragraph (but not including Participant contributions exceeding in the aggregate of Earnings or $ ). Employer Contributions on behalf of a Participant for a PlanYear shall not exceed $ or % of Earnings, whichever is more or less. 2. Each Participant may make a voluntary (unmatched), after -tax contribution, subject to the limitations of Section 4.05 and ArticleV of the Plan. x Pa Yes a No MPP Adoption Agreement 4/30/2000 3 3. Employer contributions and Participant contributions shall be contributed to the Trust m accordance with the following payment schedule: (please circle one choice) [611] 0 Bi- Weekly 1 Weekly 2 Semi - Weekly 3 Bi- Monthly Q Monthly 5 Semi - Monthly 6 Bi- Quarterly 7 Quarterly 8 Semi - Quarterly 9 Bi- Annually 10 Annually 11 Semi- Annually VII. EARNINGS Earnings, as defined under Section 2.09 of the Plan, shall include: (a) Overtime ❑ Yes XE1 No (b) Bonuses ❑ Yes X No VIII. LIMITATION ON ALLOCATIONS If the Employer maintains or ever maintained another qualified plan in which any Participant in this Plan is (or was) a participant or could possibly become a participant, the Employer hereby agrees to limit contributions to all such plans as provided herein, if necessary in order to avoid excess contributions (as described in Sections 5.02 and 5.03 of. the Plan). 1. If the Participant is covered under another qualified defined contribution plan main- tained by the Employer, the provisions of Section 5.02(a) through (f) of the Plan will apply unless another method has been indicated below ❑ Other Method. (Provide the method under which the plans will limit total Annual Additions to the Maximum Permissible Amount, and will properly reduce any excess amounts, in a manner that precludes Em- ployer discretion.) 2. If the Participant is or has ever been a participant in a defined benefit plan maintained by the Employer, and if the limitation in Section 5.03 of the Plan would be exceeded, then the Participant's Projected Annual Benefit under the defined benefit plan shall be reduced in accordance with the terms thereof to the extent necessary to satisfy such limitation. If such plan does not provide for such reduction, or if the limitation is still exceeded after the reduction, annual additions shall be reduced to the extent necessary in the manner described in Sections 5.02 and 5.02. The methods of avoiding the limita- tion described in this paragraph will not apply if the Employer indicates another method below. 4 MPP Adoption Agreement 4 /30/2000 fl ❑ Other Method. (Note to Employer: Provide below language which will satisfy the 1.0 limitation of section 415(e) of the Code. Such language must preclude Employer discretion. See section 1.415 -1 of the Regulations for guidance.) 3. The limitation year is the following 12- consecutive month period: January 1 — December 31 IX. VESTING PROVISIONS The Employer hereby specifies the following vesting schedule, subject to (1) the minimum vesting requirements as noted and (2) the concurrence of the Plan Administrator. Years of Service Percent Completed Vesting Zero 100 One Two Three Four Five Six. Seven Eight Nine Ten Loans are permitted under the Plan, as provided in Article XIII: Yes ❑ No [751) XI. The Employer hereby attests that it is a unit of state or local government or an agency or instrumentality of one or more units of state or local government. The Plan Administrator hereby agrees to inform the Employer of any amendments to the Plan made pursuant to Section 14.05 of the Plan or of the discontinuance or abandonment of the Plan. The Employer hereby appoints the ICMA Retirement Corporation as the Plan Administra- tor pursuant to the terms and conditions of the ICMA RETIREMENT CORPORA- TION GOVERNMENTAL MONEY PURCHASE PLAN &TRUST. The Employer.hereby agrees to the provisions of the Plan and Trust. MPP Adoption Agreement 4/30/2000 5 XIV. The Employer hereby acknowledges it understands that failure to properly fill out this Adoption Agreement may result in disqualification of the Plan. XV. An adopting Employer may not rely on a determination letter issued by the National or District Ofi of the Internal Revenue Service as evidence that the Plan is qualified under Section 401 of the Inter- nal Revenue Code. In order to obtain reliance with respect to plan qualification, the Employer must apply to the appropriate key district office for a determination letter. In Witness Whereof, the Employer hereby causes this Agreement to be executed on this day of , 200 EMPLOYER By Title: Attest: ACCEPTED: ICMA RETIREMENT CORPORATION Attest: Title: Corporate Secretary 6 MPP Adoption Agreement 4/30/2000 Appendix "B" DECLARATION OF TRUST This Dedaration of Trust (the "Group Trust Agreement") is made as of the 19th day of May, 2001, by VantageTrust Company, which declares itself to be the sole Trustee of the trust hereby created. WHEREAS, the ICMA Retirement Trust was created as a vehicle for the commingling of the assets of governmental plans and governmental units described in Section 818(a)(6) of the Internal Revenue Code of 1986, as amended, pursuant to a Declaration of Trust dated October 4, 1982, as subsequently amended, a copy of which is attached hereto and incorporated by reference as set out below (the "ICMA Declaration"); and WHEREAS, the trust created hereunder (the "Group Trust ") is intended to meet the requirements of Revenue Ruling 81 -100, 1981 -1 C.B. 326, and is established as a common trust fund within the meaning of Section 391:1 of Tide 35 of the New Hampshire Revised Statutes Annotated, to accept and hold for investment purposes the assets of the Deferred Compensation and Qualified Plans held by and through the ICMA Retirement Trust. NOW, THEREFORE, the Group Trust is created by the execution of this Declaration of Trust by the Trustee and is established with respect to each Deferred Compensation and Qualified Plan by the transfer to the Trustee of such Plan's assets in the 1CMA Retirement Trust, by the Trustees thereof, in accord with the following provisions: 1. Incorporation of ICMA Dedaration by Reference; ICMA By -Laws. Except as otherwise provided in this Group Trust Agreement, and to the extent not inconsistent herewith, all provisions of the ICMA Declaration are incorporated herein by reference and made a part hereof, to be read by substituting the Group Trust for the Retirement Trust and the Trustee for the Board of Trustees referenced therein. In this respect, unless the context clearly indicates otherwise, all capitalized terms used herein and defined in the ICIvIA Declaration have the meanings assigned to them in the ICMA Declaration. In addition, the By- Laws of the ICMA Retirement Trust, as the same may be amended from time - - rime, are adopted as the By -Laws of the Group Trust to the extent not inconsistent with the terms of this Group Trust Agreement. Notwithstanding the foregoing, the terms of the ICMMA Declaration and By -Laws are further modified with respect to the Group Trust created hereunder, as follows: (a) (b) any reporting, distribution, or other obligation of the Group Trust vis -a -vis any Deferred Compensation Plan, Qualified Plan, Public Employer, Public Employer Trustee, or Employer Trust shall be deemed satisfied to the extent that such obligation is undertaken by the ICMA Retirement Trust (in which case the obligation of the Group Trust shall run to the 1CMA Retirement Trust); and all provisions dealing with the number, qualification, election, term and nomination of Trustees shall not apply, and all other provisions relating to trustees (including, but not limited to, resignation and removal) shall be interpreted in a manner consistent with the appointment of a single corporate trustee. 2. Compliance with Revenue Procedure 81 -100. The requirements of Revenue Procedure 81 -100 are applicable to the Group Trust as follows: (a) Pursuant to the terms of this Group Trust Agreement and Article X of the By -Laws, invest - ment in the Group Trust is limited to assets of Deferred Compensation and Qualified Plans, investing through the ICMA Retirement Trust. 1 (b) Pursuant to the By -Laws, the Group Trust is adopted as a part of each Qualified Plan that invests herein through the ICMA Retirement Trust. (c) In accord with the By -Laws, that part of the Group Trust's corpus or income which equitably belongs to any Deferred Compensation and Qualified Plan may not be used for or diverted to any purposes other than for the exclusive benefit of the Plan's employees or their benefici- aries who are entided to benefits under such Plan. (d) In accord with the By -Laws, no Deferred Compensation Plan or Qualified Plan may assign any or part of its equity or interest in the Group Trust, and any purported assignment of such equity or interest shall be void. 3. Governing Law. Except as otherwise required by federal, state or local law, this Declaration of Trust (including the ICMA Declaration CO the extent incorporated herein) and the Group Trust created hereun- der shall be construed and determined in accordance with applicable laws of the Stare of New Hampshire. 4. Judicial Proceedings. The Trustee may at any time initiate an action or proceeding in the appropriate state or federal courts within or outside the state of New Hampshire for the settlement of its accounts or for the determination of any question of construction which may arise or for instructions. IN WITNESS WHEREOF, the Trustee has executed this Declaration of Trust as of the day and year first above written. VANTAGETRUST COMPANY i% B}r /1 Name: Paul E Gallagher Tide: Assistant Secretary 2 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ESTABLISHING A RETIREE HEALTH SAVINGS PLAN FOR CITY EMPLOYEES. WHEREAS, the City has employees rendering valuable services; and WHEREAS, the establishment of a retiree health savings plan for such employees serves the interests of the City by enabling it to provide reasonable security regarding such employees' health needs during retirement, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the City Council has detemuned that the establishment of the retiree health savings (RHS) plan (the "Plan") serves the above objectives; NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. Plan Adopted. The City Council hereby adopts the Plan, attached hereto as appendix "A ", in the form of the ICMA Retirement Corporation's VantageCare Retirement Health Savings program Adoption Agreement. Section 2. Plan Trustee. The assets of the Plan shall be held in trust, with the City serving as trustee, for the exclusive benefit of Plan participants and their beneficiaries, and the assets of the Plan shall not be diverted to any other purpose prior to the satisfaction of all liabilities of the Plan. The City hereby adopts the Declaration of Trust of the City of Spokane Valley Integral Part Trust in the form of the model trust made available by the ICMA Retirement Corporation, attached hereto as Appendix "B ", and directs the City Manager to execute the same. Section 3. Plan Coordinator. The City Manager shall be the coordinator and contact for the Plan and shall receive necessary reports, notices, etc. Section 4. adoption. Effective Date. This Resolution shall be in full force and effective upon Adopted this day of June, 2003. City of Spokane Valley Mayor Michael DeVlern. ing ATTEST: Christine Bainbridge, City Clerk Approved as to Form: Interim City Attorney, Stanley M. Schwartz Appendix "A" EMPLOYER VANTAGECARE RETIREMENT HEALTH SAVINGS (RHS) PLAN ADOPTION AGREEMENT 1 Number: 8 00343 Employer Retirement Health Savings Plan Name: City of Spokane Valley Retirement Health Savings Plan I. Employer Name: City of Spokane Valley State: WA 11. The Employer hereby attests that it is a unit of a state or local government or an agency or instrumentality of one or more units of a state or local government. 111. The Effective Date of the Plan: May 1, 2003 IV. The Employer intends to utilize the Trust to fund only welfare benefits pursuant to the following welfare ben- efit plan(s) established by the Employer: V. Eligible Groups and Participant Eligibility Requirements A. The following group or groups of Employees are eligible to participate in the VantageCare Retirement Health Savings Plan: X All Employees All Full -Time Employees Non -Union Employees Public Safety Employees -- Police Public Safety Employees -- Firefighters General Employees Collectively- Bargained Employees (Specify unit) Other (specify below) The group specified must correspond to a group of the same designation that is defined in the statutes, ordi- nances, rules, regulations, personnel manuals or other material in effect in the state or locality of the Employer. If this box is checked, in lieu of mandatory participation, the Employer provides for a one -time irrevoca- ble election by eligible Employees to participate in RHS. Until such time as the election is made, the Employee shall not participate in the Plan or receive contributions pursuant to Section VI. Newly eligible Employees shall be provided an election window of 60 days (no more than 60 calendar days) from the date of initial eligibility during which they may make the election to participate. Participation may begin no earlier than the calendar month following the end of the election window. If the Employee does not make the election in the year of initial eligibility, the election to participate may be made in a later year. An annual election window of 60 days (no more than 60 calendar days) shall be provided during which the election may be made. The election window shall run from Oct 1 to Nov 30 (insert your annual time frame for the election window, e.g. October 1 to November 29). Participation may begin no earlier than the calendar year following the year of the elec- tion. Once made, the election is irrevocable and may not be revoked while the participant is a member of the group covered by the RHS plan. If the Employer's underlying welfare benefit plan or funding under this VantageCare Retirement Health Savings Plan is in whole or part a non - collectively bargained, self- insured plan, the nondiscrimination requirements of Internal Revenue Code (IRC) Section 105(h) will apply. These rules may impose taxation on the benefits received 11 by highly compensated Employees if the Plan discriminates in favor of highly compensated Employees in terms of eligibility or benefits. The Employer should discuss these rules with appropriate counsel. B. Participant Eligibility 1. Minimum period of service required for participation is NA (write N/A if an Employee is eligible to partici- pate or to elect to participate immediately upon employment). 2. Minimum age required for eligibility to participate is NA (write N/A if no minimum age is required). VI.Contribution Sources and Amounts A. Mandatory Contributions 0 1. Direct Employer Contributions The Employer shall contribute on behalf of each Participant % of earnings or $ for the Plan Year. Definition of earnings: 1 2. Mandatory Leave Contributions contributed for the Plan Year. base annual salary The Employer will make mandatory contributions of leave as follows: Accrued Sick Leave* ❑ Yes 1 No Accrued Vacation* 11 Yes 1 No Other* (describe) Q Yes [ a No * Please provide the formula for determining the Accrued Leave contribution: An Employee shall n4S have the right to discontinue or vary the rate of annual leave contributions. 1 3. Mandatory Employee Compensation Contributions The Employer will make mandatory contributions of Employee compensation as follows: Reduction in Salary - % of earnings (as defined in VI.A.1.) or $ will be Q Decreased Merit or Pay Plan Adjustment - All or a portion of the Employees' annual merit or pay plan adjustment will be contributed as follows: An Employee shall not have the right to discontinue or vary the rate of mandatory contributions of Employee compensation. 12 B. Elective Contributions elective Pre-Tax Contributions ...... Employer will permit each Employee to make the following elections to make pre -tax contributions to the Plan: a a. Irrevocable Election for Pra -Tax Contributions from Compensation: A one - time, irrevocable election of the amount of Employer contributions of compensation made on his or her behalf. The Employer limits the amount elected to either a fixed percentage or a range of percentages of an Employee's earnings a/o of earnings (as defined in VI.A.7.) or up to 25 % of earnings as defined in for the Plan Year. Newly eligible Employees shall be provided an election window of 60 days (no more than 60) from the date of initial eligibility during which they may make the election to contribute. Contributions may begin no earlier than the calendar month following the end of the election window. If the Employee does not make the election in the year of initial eligibility, the election to contribute may be made in a later year An annual election window of 60 days (no more than 6O) shall be provided during which the election may be made. The election window shall run from Oct t to Nov 30 (insert your annual time frame for the election window). Contributions may begin no ear- lier than the calendar year following the year of the election. Once made, the election is irrevocable and may not be revoked. J b. Irrevocable Election for Pre -Tax Contributions of Accrued Leave: A one- time, irrevocable election of the amount of employer contributions of Employee accrued sick Yes [1 vacation No The Employer limits the amount elected as shown below: 71 other (describe) leave made on his or her behalf. Newly eligible Employees shall be provided an election window of days (no more than 60 calendar days) from the date of initial eligibility during which they may make the election to contribute. Contributions may begin no earlier than the calendar month following the end of the election window. If the Employee does not make the election in the year of initial eligibility, the election to contribute may be made in a later year. An annual election window of days (no more than 60 calendar days) shall be provided during which the election may be made. The election window shall run from to (insert your annual time frame for the election window). Contributions may begin no earlier than the calendar year following the year of the election. Once made, the election is irrevocable and may not be revoked. I c. Annual Prospective Election for Pre -Tax Contributions of Leave: An annual, irrevocable election to have his or her :1 sick ] vacation 1 other (describe) leave to be accrued in the next calendar year contributed to the Plan on his or her behalf 13 The Employer limits the amount elected as shown below: Contributions of future leave accruals will be remitted to the Plan O as earned 0 at the end of the calendar year. The election to contribute must be made in the calendar year before the year in which contributions are to begin. Once made, the election shall apply to succeeding calendar years unless otherwise revised or revoked by the Employee on an annual basis. An annual election window of days (no more than 60 calendar days) is provided during which eligible Employees may make the election to contribute. The election window shall run from to (insert your annual time frame for the election window). In adopting section a, b, and/or c, the Employer acknowledges that the Internal Revenue Service has not ruled on irrevocable election contributions in an integral part trust. ICMA -RC has obtained the advice of counsel that such contributions are allowable under the conditions outlined in this Adoption Agreement. The Employer should discuss this issue with appropriate counsel. 2. Voluntary After -Tax Contributions Each Employee may contribute up to 25 % of earnings (as defined in VI.A.1.) or $ for the Plan Year on a voluntary after -tax basis. In no event may aggregate Employee voluntary after -tax contributions exceed 25% of total contributions in any Plan Year. An Employee shall have the right to discontinue or vary the rate of elective after -tax contributions of Employee earnings. By adopting this section, the Employer acknowledges that the internal Revenue Service has declined to rule o Employee after tax contributions in an integral part trust. ICMA -RC has obtained the advice of counsel that such contributions are allowable in an insubstantial amount (i.e. no more than 25% of total contributions in any Plan Year). The Employer should discuss this issue with appropriate counsel. C. Limits on Total Contributions The total contribution on behalf of each Participant (including both Mandatory and Elective Contributions) for each Plan Year shall not exceed the following limit(s): O °o of earnings (as defined in VI.A.1.). $ in There is no Plan- defined limit on the percentage or dollar amount of earnings that may be contributed. Limits on individual contribution types are defined within the appropriate section above. See Section V.A. for a discussion of nondiscrimination rules that may apply to non - collectively bargained self - insured Plans. 14 VII. Vesting Schedule The account is 100% vested at all times, unless specified otherwise in 8, below. The following vesting schedule applies to Direct Employer Contributions outlined in V1.A.1; C. The account will become 100% vested upon the death, disability, retirement, or attainment of benefit eligibility by a Participant. Definition of retirement: D. Any period of service by a Participant prior to a rehire of the Participant by the Employer shall not count toward the vesting schedule outlined in B. above. VIII. Forfeiture Provisions Years of Specified Service Percent Completed Vesting 14 Pn separation from the service of the Employer or upon reversion to the Trust of a Participant's account Zets remaining upon the participant's death {as outlined in Section XI), a Participant's non - vested funds shall: CI Remain in the Trust to be reallocated among all Plan Participant's as Direct Employer Contributions for the next and succeeding contribution cycle(s). in Remain in the Trust to be reallocated on an equal dollar basis among all Plan Participants, 1 Remain in the Trust to be reallocated among all Plan Participants based upon Participant account bar- a races, El Revert to the Employer. In the case of separation from service, the Participant's non - vested funds shall be applied as shown above. in the case of reversion due to the Participant's death under Section XI, the remaining account assets shall be applied as shown above. IX. Eligibility Requirements to Receive Medical Benefit Payments from the VarrtageCare Retirement Health Savings Plan A. A Participant is eligible to receive benefits: At retirement only as defined in Section VII,C.) X At separation from service with the following restrictions At age _ only At retirement and age At retirement or age _ 15 B. Termination prior to general benefit eligibility: A Participant who separates from the service of the Employer prior to attaining benefit eligibility as outlined in Section IX.A. or C. will be eligible to receive benefits: Immediately upon separation from service. At age C. A Participant who dies or becomes totally and permanently disabled (as defined by the Social Security Administration) will become immediately eligible to receive medical benefit payments from his/her VantageCare Retirement Health Savings Plan account. X. Permissible Medical Benefit Payments Benefits eligible for payment consist of: A. X All Medical Expenses eligible under IRC Section 213* other than direct Tong -term care expenses, OR B. The following Medical Expenses (select only the expenses you wish to cover under the VantageCare Retirement Health Savings Plan): XI. Death Benefit Medical Insurance Premiums Medical Out -of- Pocket Expenses" Medicare Part B Insurance Premiums Medicare Supplement Insurance Premiums COBRA Premiums Dental Insurance Premiums Dental Out -of- Pocket Expenses* Long Term Care Insurance Premiums Other (Must be eligible under IRC Section 213)* * See Section V.A. for a discussion of nondiscrimination rules which may apply to non - collectively bargained, self- insured Plans. In the event of a Participant's death, the following shall apply: Account Transfer: The surviving spouse and /or surviving eligible dependents (as defined in Section XIII.F.) of the deceased Participant are immediately eligible to maintain the account and utilize it to fund eligible medical bene- fits specified in Section X above. Upon notification of a Participant's death, the Participant's account balance will be transferred into the Vantagepoint Money Market Fund*. The account balance may be reallocated by the surviving spouse or dependents. Please read the current prospectus carefully prior to investing. An investment in this fund is neither insured nor guaranteed and there can be no assurance that the Fund will be able to maintain a stable net asset value of $1.00 per share. Vantagepoint Mutual Funds are distributed by 1CMA -RC Services, LLC, a controlled affiliate of ICMA Retirement Corporation. Member NASD /SIPC. If a Participant's account balance has not been fully utilized upon the death of the eligible spouse, the account balance may continue to be utilized to pay benefits of eligible dependents. Upon the death of all eligible depend- ents, the balance will be available for medical benefits for the designated beneficiary of the last dependent or spouse to die. Assets remaining upon the death of a designated beneficiary shall be available for medical bene fits of the beneficiary's designated beneficiary. If there is no living beneficiary(ies), the account will revert to the Plan to be applied as specified in Section VIII. 16 There will be no elective withholding of federal, state, or local taxes for medical benefit payments to the Participant's spouse's or dependent's designated beneficiary(ies). l - 1 are are no living spouse or dependents at the time of death of the Participant, the account will be available v c.nedical benefits for the designated beneficiary(ies) of the Participant. Assets remaining upon the death of all designated beneficiaries shall be available for medical benefits of the beneficiary's beneficiary. If there is no liv- ing beneficiary(ies), the account will revert to the Plan to be applied as specified in Section VIII. There will be no elective withholding of federal, state, or local taxes for medical benefit payments to the Participant's beneficiary(ies) or any beneficiary's beneficiary. XII. De Minimis Accounts Upon separation from the service of the Employer prior to a Participant becoming eligible for medical benefits from a VantageCare Retirement Health Savings Plan account, Participant accounts that are considered de min - imis as specified below will be paid to the Participant. ID The de minimis account value shall be $5,000 or less. ❑ The de minimis account value shall be $ (insert dollar amount between $0 and $5,000) or Tess. O The Plan shall not allow de minimis account distributions. XIII. The Plan will operate according to the following provisions: Employer Responsibilities The Employer will submit all VantageCare Retirement Health Savings Plan contribution data via electronic submission. 2. Participant status updates and /or changes or personal information updates and /or changes (Participants' termination dates, Participants' benefit eligibility dates, etc.) will be provided via electronic submission. B. Participant account administration fees will be paid through the redemption of Participant account shares, unless agreed upon otherwise in the Administrative Services Agreement. C. Employer plan fees will be paid by the Employer as outlined in the Administrative Services Agreement. D. Assignment of benefits is not permitted. E. Payments to an alternate payee (payee other than a Participant) are not permitted with the exception of reim- bursement of health insurance premiums to the Employer. F. An eligible dependent is the Participant's lawful spouse and any other individual who is a person described in IRC Section 152(a). G. The Employer will be responsible for withholding, reporting and remitting any applicable taxes, as outlined in the VantageCare Retirement Health Savings Plan Employer Manual. XIV. The Employer hereby acknowledges it understands that failure to properly fill out this Employer VantageCare Retirement Health Savings Plan Adoption Agreement may result in the loss of tax exemption of the ',st and /or loss of tax - deferred status for Employer contributions. 17 EMPLOYER By: Title: Attest: Accepted: Vantagepoint Transfer Agents, LLC Corporate Treasurer 18 Appendix "B" VANTAGECARE RETIREMENT HEALTH SAVJNa5 PLAN DECLARATION OF TRUST Of THE City of Spokane Valley, WA NAME OF EMPLOYER INTEGRAL PART TRUST Declaration of Trust made as of the . day of Ma Y _ , 20° by and between the City of Spokane Valley + Washington a City Govt. Name rEmploypr S[evd Type a? er,nt {hereinafter referred to as the "Employer°} and City Manager or its designee {hereinafter Nam; Of Trustee referred to as the °Trustee" j. RECITALS WHEREAS, the Employer is a political subdivision of the State of Washingt exempt from federal income tax under the Internal Revenue Code of 1986; and WHEREAS, the Employer provides for the seourity and welfare of its eligible employees {here- inafter referred to as "Participants ° }, their Spouses, Dependents and Beneficiaries by the maintenance of one or more post - retirement welfare benefit plans, programs or arrangements which provide for life, sickness, medical, disability, severance and other similar benefits through insurance and self- funded reimbursement plans (collectively the "Plan "); and WHEREAS, it is an essential function and integral part of the exempt activities of the Employer to assist Participants, their Spouses, Dependents and Beneficiaries by making contributions to and accu- mulating assets in the trust, a segregated fundr for post - retirement welfare benefits under the Plan; and WHEREAS, the authority to conduct the general operation and administration of the Plan is vested in the Employer or its designee, who has the authority and shall be subject to the duties with respect to the trust specified in this Declaration of Trust; and WHEREAS, the Employer wishes to establish this trust to hold assets and income of the Plan for the exclusive benefit of Plan Participants, their Spouses, Dependents and Beneficiaries; NOW, THEREFORE, the parties hereto do hereby establish this trust. by executing the Declara- tion of Trust of the City of Spokane Valle Integral Part Trust (hereinafter referred to Name or Emplpyer as the °Trust °, and agree that the following constitute the Declaration of Trust Thereinafter referred to as the "Declaration "): 4 Scale RETAIN BOOKLET ARTICLE 1 Definitions 1.1 Definitions. For the purposes of this Declaration, the following terms shall have the respective meanings set forth below unless otherwise expressly provided. (a) "Account" means the individual recordkeeping account maintained under the Plan to record the interest of a Participant in the Plan in accordance with Section 7.4. (b) "Administrator" means the Employer or the entity designated by the Employer to carry out admin- istrative services as are necessary to implement the Plan. (c) "Beneficiary" means the Spouse and Dependents, or the person or persons designated by the Participant pursuant to the terms of the Plan, who will receive any benefits payable hereunder in the event of the Participant's death. A Beneficiary.may also designate a beneficiary(ies) to receive any benefits payable hereunder in the event of the preceding Beneficiary's death, until the satisfac- tion of all liabilities under the Plan to provide benefits. In the case where there is no designated Beneficiary, any amount of contributions, plus accrued earnings thereon, remaining in the Account must, under the terms of the Plan, be returned to the Trust. (d) "Code" means the Internal Revenue Code of 1986, as amended from time to time. (e) "Dependent" means an individual who is a person described in Code Section 152(a). (f) "Investment Fund" means any separate investment option or vehicle selected by the Employer in which all or a portion of the Trust assets may be separately invested as herein provided. The Trustee shall not be required to select any Investment Fund. (9) "Nonforfeitable Interest" means the interest of the Participant or the Participant's Spouse, Depend- ent or Beneficiary (whichever is applicable) in the percentage of Participant's Employer's contribu- tion which has vested pursuant to the vesting schedule specified in the Employer's Plan. A Partici- pant shall, at all times, have a one hundred percent (100 %) Nonforfeitable Interest in the Partici- pant's own contributions. (h) "Spouse" means the Participant's lawful spouse as determined under the laws of the state in which the Participant has his primary place of residence. (i) "Trust" means the trust established by this Declaration. (j) "Trustee" means the Employer or the person or persons appointed by the Employer to serve in that capacity. 5 State VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN ARTICLE II Establishment of Trust 2.1 The Trust is hereby established as of the date set forth above for the exclusive benefit of Partici- pants, their Spouses, Dependents and Beneficiaries. ARTICLE 111 Construction 3.1 This Trust and its validity, construction and effect shall be governed by the laws of the State of Washington 3.2 Pronouns and other similar words used herein in the masculine gender shall be read as the feminine gender where appropriate, and the singular form of words shall be read as the plural where appropriate. 3.3 If any provision of this Trust shall be held illegal or invalid for any reason, such determination shall not affect the remaining provisions, and such provisions shall be construed to effectuate the purpose of this Trust. ARTICLE IV Benefits 4.1 Benefits. This Trust may provide benefits to the Participant, the Participant's Spouse, Dependents and Beneficiary(ies) pursuant to the terms of the Plan. 4.2 Form of Benefits. This Trust may provide benefits by cash payment. This Trust may reimburse the Participant, his Spouse, Dependents or Beneficiary(ies) for insurance premiums or other payments ex- pended for permissible benefits described under the Plan. This trust may reimburse the Employer, or the Administrator for insurance premiums. ARTICLE V General Duties 5.1 It shall be the duty of the Trustee to hold title to assets held in respect of the Plan in the Trustee's name as directed by the Employer or its designees in writing. The Trustee shall not be under any duty to com- pute the amount of contributions to be paid by the Employer or to take any steps to collect such amounts as may be due to be held in trust under the Plan. The Trustee shall not be responsible for the custody, investment,'safekeeping or disposition of any assets comprising the Trust, to the extent such functions are performed by the. Employer or the Administrator, or both. 5.2 It shall be the duty of the Employer, subject to the provisions of the Plan, to pay over to the Adminis- trator or other person designated hereunder from time to time the Employer's contributions and Partici- pants' contributions under the Plan and to inform the Trustee in writing as to the identity and value of the assets titled in the Trustee's name hereunder and to keep accurate books and records with respect to the Participants of the Plan. 6 RETAIN BOOKLET ARTICLE VI Investments 6.1 The Employer may appoint one or more investment managers to manage and control all or part of the assets of the Trust and the Employer shall notify the Trustee in writing of any such appointment. 6.2 The Trustee shall not have any discretion or authority with regard to the investment of the Trust and shall act solely as a directed Trustee of the assets of which it holds title. To the extent directed by the Employer (or Participants, their Spouses and Dependents, or Beneficiaries to the extent provided herein) the Trustee is authorized and empowered with the following powers, rights and duties, each of which the Trustee shall exercise in a nondiscretionary manner: (a) To cause stocks, bonds, securities, or other investments to be registered in its name as Trustee or in the name of a nominee, or to take and keep the same unregistered; (b) To employ such agents and legal counsel as it deems advisable or proper in connection with its duties and to pay such agents and legal counsel a reasonable fee. The Trustee shall not be liable for the acts of such agents and counsel or for the acts done in good faith and in reliance upon the advice of such agents and legal counsel, provided it has used reasonable care in selecting such agents and legal counsel; (c) To exercise where applicable and appropriate any rights of ownership in any contracts of insurance in which any part of the Trust may be invested and to pay the premiums thereon; and (d) At the direction of the Employer (or Participants, their Spouses, their Dependents, their Benefi- ciaries, or the investment manager, as the case may be) to sell, write options on, convey or transfer, invest and reinvest any part thereof in each and every kind of property, whether real, personal or mixed, tangible or intangible, whether income or non - income producing and wherever situated, including but not limited to, time deposits (including time deposits in the Trustee or its affiliates, or any successor thereto, if the deposits bear a reasonable rate of interest), shares of common and preferred stock, mortgages, bonds, leases, notes, debentures, equipment or collateral trust certificates, rights, warrants, convertible or exchangeable securi- ties and other corporate, individual or government securities or obligations, annuity, retire- ment or other insurance contracts, mutual funds (including funds for which the Trustee or its affiliates serve as investment advisor, custodian or in a similar or related capacity), or in units of any other common, collective or commingled trust fund. 6.3 Notwithstanding anything to the contrary herein, the assets of the Plan shall be held by the Trustee as title holder only. Persons holding custody or possession of assets titled to the Trust shall include the Employer, the Administrator, the investment manager, and any agents and subagents, but not the Trustee. The Trustee shall not be responsible or liable for any loss or expense which may arise from or result from compliance with any direction from the Employer, the Administrator, the investment manager, or such agents to take title to any assets nor shall the Trustee be responsible or liable for any Toss or expense which may result from the Trustee's refusal or failure to comply with any direction to hold title, except if the same shall involve or result from the Trustee's negligence or intentional misconduct. The Trustee may refuse to comply with any direction from the Employer, the Administrator, the investment manager, or such agents in the event that the Trustee, in its sole and absolute discretion, deems such direction illegal. 6.4 The Employer hereby indemnifies and holds the Trustee harmless from any and all actions, claims, demands, liabilities, losses, damages or reasonable expenses of whatsoever kind and nature in connection with or arising out of (i) any action taken or omitted in good faith by the Trustee in accordance with the directions of the Employer or its agents and subagents hereunder, or (ii) any disbursements of any part of the Trust made by the Trustee in accordance with the directions of the Employer, or (iii) any action taken by or omitted in good faith by the Trustee with respect to an investment managed by an investment manager in accordance with any direction of the investment manager or any inaction with respect to any 7 VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN such investment in the absence of directions from the investment manager. Notwithstanding anything to the contrary herein, the Employer shall have no responsibility to the Trustee under the foregoing indemni- fication if the Trustee fails negligently, intentionally or recklessly to perform any of the duties undertaken by it under the provisions of this Trust. 6.5 Notwithstanding anything to the contrary herein, the Employer or, if so designated by the Employer, the Administrator and the investment manager or another agent of the Employer, will be responsible for valuing all assets so acquired for all purposes of the Trust and of holding, investing, trading and disposing of the same. The Employer will indemnify and hold the Trustee harmless against any and all claims, actions, demands, liabilities, losses, damages, or expenses of whatsoever kind and nature, which arise from or are related to any use of such valuation by the Trustee or holding, trading, or disposition of such assets. 6.6 The Trustee shall and hereby does indemnify and hold harmless the Employer from any and all ac- tions, claims, demands, liabilities, losses, damages and reasonable expenses of whatsoever kind and nature in connection with or arising out of (a) the Trustee's failure to follow the directions of the Employer, the Administrator, the investment manager, or agents thereof, except as permitted by the last sentence of Section 6.3 above; (b) any disbursements made without the direction of the Employer, the Administrator, the investment manager or agents thereof; and (c) the Trustee's negligence, willful misconduct, or reck- lessness with respect to the Trustee's duties under this Declaration. ARTICLE VII Contributions 7.1 Employer Contributions. The Employer shall contribute to the Trust such amounts as specified in the Plan or by resolution. 7.2 Participant Contributions. If specified in the Plan, each Participant may make voluntary after -tax contributions. Under no circumstances shall Participant Contributions exceed an insubstantial amount. These contributions shall be collected by the Employer and remitted to the Trust for deposit at such time or times as required under the terms of the Plan. 7.3 Accrued Leave. Contributions up to an amount equal to the value of accrued sick leave, vacation leave, or other type of accrued leave, as permitted under the Plan. The Employer's Plan must provide a formula for determining the value of the Participant's contribution of accrued leave . The Employer's Plan must contain a forfeiture provision that will prevent Participants from receiving the accrued leave in cash in lieu of a contribution to the Trust. 7.4 Accounts. Employer contributions, Participant contributions, and contributions of accrued leave , all investment income and realized and unrealized gains and losses, and forfeitures allocable thereto will be deposited into an Account in the name of the Participant for the exclusive benefit of the Participant, his Spouse, Dependents and Beneficiaries. The assets in each Participant's Account may be invested in Investment Funds as directed by the Participant (or, after the Participant's death, by the Spouse, Dependents or Beneficiaries) from among the Investment Funds selected by the Employer. 7.5 Receipt of Contributions. The Employer or, if so designated by the Employer, the Administrator or investment manager or another agent of the Employer, shall receive all contributions paid or delivered to it hereunder and shall hold, invest, reinvest and administer such contributions pursuant to this Declara- tion, without distinction between principal and income. The Trustee shall not be responsible for the calculation or collection of any contribution under the Plan, but shall hold title to property received in respect of the Plan in the Trustee's name as directed by the Employer or its designee pursuant to this Declaration. 8 RETAIN BOOKLET 7.6 No amount in any Account maintained under this Trust shall be subject to transfer, assignment, or alienation, whether voluntary or involuntary, in favor of any creditor, transferee, or assignee of the Em- ployer, the Trustee, any Participant, his Spouse, Dependent, or Beneficiaries. 7.7 Upon the satisfaction of all liabilities under the Plan to provide such benefits, any amount of Employer contributions, plus accrued earnings thereon, remaining in such separate Accounts must, under the terms of the Plan, be returned to the Employer. ARTICLE VIII Other Plans If the Employer hereafter adopts one or more other plans providing life, sickness, accident, medical, disability, severance, or other benefits and designates the Trust hereby created as part of such other plan, the Employer or, if so designated by the Employer, the Administrator or an investment manager or an- other agent of the Employer shall, subject to the terms of this Declaration, accept and hold hereunder contributions to such other plans. In that event (a) the Employer or, if so designated by the Employer, the Administrator or an investment manager or another agent of the Employer, may commingle for invest- ment purposes the contributions received under such other plan or plans with the contributions previously received by the Trust, but the books and records of the Employer or, if so designated by the Employer, the Administrator or an investment manager or another agent of the Employer, shall at all times show the portion of the Trust Fund allocable to each plan; (b) the term "Plan" as used herein shall be deemed to refer separately to each other plan; and (c) the term "Employer' as used herein shall be deemed to refer to the person or group of persons which have been designated by the terms of such other plans as having the authority to control and manage the operation and administration of such other plan. ARTICLE IX Disbursements and Expenses 9.1 The Employer or its designee shall make such payments from the Trust at such time to such persons and in such amounts as shall be authorized by the provisions of the Plan provided, however, that no payment shall be made, either during the existence of or upon the discontinuance of the Plan (subject to Section 7.7), which would cause any part of the Trust to be used for or diverted to purposes other than the exclusive benefit of the Participants, their Spouses and Dependents, and Beneficiaries pursuant to the provisions of the Plan. 9.2 All payments of benefits under the Plan shall be made exclusively from the assets of the Accounts of the Participants to whom or to whose Spouse, Dependents, or Beneficiaries such payments are to be made, and no person shall be entitled to look to any other source for such payments. 9.3 The Employer, Trustee and Administrator may be reimbursed for expenses reasonably incurred by them in the administration of the Trust. All such expenses, including, without limitation, reasonable fees of accountants and legal counsel to the extent not otherwise reimbursed, shall constitute a charge against and shall be paid from the Trust upon the direction of the Employer. ARTICLE X Accounting 10.1 The Trustee shall not be required to keep accounts of the investments, receipts, disbursements, and other transactions of the Trust, except as necessary to perform its title - holding function hereunder. All accounts, books, and records relating thereto shall be maintained by the Employer or its designee. 9 VANTAGECARE RETIREMENT HEALTH SAVINGS FLAN 10.2 As promptly as possible following the close of each year, the Trustee shall file with the Employer a written account setting forth assets titled to the Trust as reported to the Trustee by the Employer or its designee. ARTICLE XI Miscellaneous Provisions 11.1 Neither the Trustee nor any affiliate thereof shall be required to give any bond or to qualify before, be appointed by,_or account to any court of law in the exercise of its powers hereunder. 11.2 No person transferring title or receiving a transfer of title from the Trustee shall be obligated to look to the propriety of the acts of the Trustee in connection therewith. 11.3 The Employer may engage the Trustee as its agent in the performance of any duties required of the Employer under the Plan, but such agency shall not be deemed to increase the responsibility or liability of the Trustee under this Declaration. 11.4 The Employer shall have the right at ail reasonable times during the term of this Declaration and for three (3) years after the termination of this Declaration to examine, audit, inspect, review, extract informa- tion from, and copy all books, records, accounts, and other documents of the Trustee relating to this Declaration and the Trustees' performance hereunder. ARTICLE XII Amendment and Termination 12.1 The Employer reserves the right to alter, amend, or (subject to Section 9.1) terminate this Declaration at any time for any reason without the consent of the Trustee or any other person, provided that no amendment affecting the rights, duties, or responsibilities of the Trustee shall be adopted without the execution of the Trustee to the amendment. Any such amendment shall become effective as of the date provided in the amendment, if requiring the Trustee's execution, or on delivery of the amendment to the Trustee, if the Trustee's execution is not required. 12.2 Upon termination of this Declaration and upon the satisfaction of all liabilities under the Plan to provide such benefits, any amount of Employer contributions, plus accrued earnings thereon, remaining in such separate Accounts must, under the terms of the Plan, be returned to the Employer, ARTICLE XIII Successor Trustees 13.1 The Employer reserves the right to discharge the' Trustee for any or no reason, at any time by giving ninety (90) days` advance written notice. 13.2 The Trustee reserves the right to resign at any time by giving ninety (90) days' advance written notice to the Employer. 13.3 In the event of discharge or resignation of the Trustee, the Employer may appoint a successor Trus- tee who shall succeed to all rights, duties, and responsibilities of the former Trustee under this Declare - tion, and the terminated Trustee shall be deemed discharged of all duties under this Declaration and responsibilities for the Trust. 10 RETAIN BOOKLET ARTICLE XIV Limited Effect of Plan and Trust Neither the establishment of the Plan and the Trust or any modification thereof, the creation of any fund or account, nor the payment of any benefits, shall be construed as giving to any person covered under the Plan or other person any legal or equitable right against the Trustee, the Administrator, the Employer or any officer or employee thereof, except as may otherwise be expressly provided in the Plan or in this Declaration. ARTICLE XV Protective Clause Neither the Administrator, the Employer, nor the Trustee shall be responsible for the validity of any con- tract of insurance or other arrangement maintained in connection with the Plan, or for the failure on the part of the insurer or provider to make payments provided by such contract, or for the action of any per- son which may delay payment or render a contract void or unenforceable in whole or in part. 11 VANTAGECARE RETIREMENT HEALTH' SAVINGS PLAN IN WITNESS WHEREOF, the Employer and the Trustee have executed this Declaration by their respective duly authorized officers, as of the date first hereinabove mentioned. EMPLOYER: B Title: TRUSTEES: B Title: By: Title: B Title: 12 Department of Community Development LONG RANGE PLANNING DIVISION Comprehensive Plan Work Program 1 Step 1: Community Visioning Process - Overview: This event would be the official "kick -off" of the City of Spokane Valley Comprehensive Plan. A city must agree on a collective "Vision" before planning can be effectively completed. A charrette - style visioning process is an interactive, visually engaging and collaborative series of public workshops, focus groups, field condition surveys and design sessions. The result of the visioning process is a collective community vision, which will act as both a guideline for the development of the different comprehensive plan elements and as an event that will create momentum for the rest of the planning process. Process: Generally, this process would include the following events: 1. Consultant team conducts a series of focus groups meetings. The focus groups include elected city (includes planning commission), county and state (if available) officials, groups such as the local chamber of commerce and local major developers, school administrators, emergency responders, church council, and environmental groups to discuss what questions need to be answered during the course of the project. These questions and issues are then discussed during a charrette process and included in the final reports issued by the consultant team at the conclusion of the project. 2. Consultant team and staff tours the city including major commercial, industrial and residential developments or neighborhoods. 3. A series of community open houses /design workshops are held to solicit citizen input on major issues regarding the community including land use, transportation and others. The specifics of the comprehensive plan elements are not discussed during this process. Those discussions come later in the planning process when individual comprehensive plan elements are addressed. The consultant team may use a technique referred to as a "Visual Preference Survey" (VPS). The VPS is a process that gives citizens an opportunity to score key images. The images are typically broken down into key topics to include, single family neighborhoods (housing types & densities), multi family neighborhoods (housing types & densities), downtown commercial, building types (mixed -use, residential, big box, other franchise) entertainment district buildings, parking lots, parks & open space, sidewalks, signage, streetscapes for local residential streets up to arterials. The images are scored by citizens with the average score being reported during the Final Charrette presentation. 4. The consultant team works with staff to develop a report of the findings of the process. The Final Charrette presentation is made to the community with an opportunity for community response and fine tuning of the reports. Schedule: It is anticipated that this process would take place in mid - January to mid - February 2004. Budget: Anticipated budget needs for this process would be for a consultant team to perform the majority of the specialized work for this step, materials, facility, and other incidental costs. It is assumed that this would be a 5 day visioning process. Step 2: Community Workshop for GMA Plan - Overview: This step of the process would be a general informational workshop to discuss the planning requirements that apply to the city. This would include a brief introduction to the elements of the comprehensive plan that consist of land use, transportation, housing, utilities, capital facilities, economic development and parks and recreation. Major service providers such as emergency services, utilities, etc. would be encouraged to participate in this workshop and set up displays with information relating to service area. Process: Once the overview is completed the citizens would be encouraged to visit the different display areas and ask questions of staff. This would also provide an opportunity to get citizen input on specific topics that were identified during the community visioning process. Schedule: Anticipate this item to occur in mid -March 2004. Budget Budget needs would include a professional facilitator, cost of refreshments, materials, and potential facility costs. Step 3: Community Workshop on Land Use Element - Overview: Of the required elements in the comprehensive plan, the land use element is the backbone on which many other plan elements are dependent. The land use policy direction and ultimately the land use map contained in the land use element affects to a 2 greater or lesser degree many other comprehensive plan elements including transportation, capital facilities, utilities, housing and parks & recreation. The land use element must contain the following information: 1. Designation of the proposed general distribution and general location and extent of the uses of land for housing, commerce, industry, recreation, open spaces, public utilities, public facilities and other land uses. 2. Population densities, building intensities, and estimates of future population growth. 3. Provisions for protection of the quality and quantity of ground water used for public water supplies. 4. Review drainage, flooding, and storm water runoff in the city and nearby jurisdictions and provide guidance for corrective actions to mitigate and cleanse those discharges that pollute waters of the state. Process: Several broad land use policy issues must be discussed and input gained from the residents. These policy areas include the overall land use pattern such as the centers and corridors approach or some other city -wide land use pattern; is developing an identifiable city center an issue to be addressed in the comprehensive plan; and land use associated with the possible extension of the couplet. Schedule: Anticipate this item to occur in mid to late April 2004. Budget: Budget needs would include a professional facilitator, cost of refreshments, materials, and potential facility costs. Step 4: Community Workshop on Transportation Element - Overview: The Transportation Element is a major component of the city's of the comprehensive plan. The Transportation Element contains the 20 year view of the city's transportation system as well as a shorter term capital project list designed to meet the anticipated transportation needs of the community for a 6 -year period. Given the complexity of the Transportation Element, additional workshops may be needed. The Transportation Element must include the following: 1. Land use assumptions used in estimating travel forecasts; 2. Estimated traffic impacts to state - owned facilities resulting from land use assumptions to assist WSDOT in monitoring the performance of state facilities, to plan 3 improvements for facilities and to assess the impact of land use decisions on state - owned transportation facilities; 3. Facilities and services needs, including: A. An inventory of air, water and ground transportation facilities and services, including transit alignments and general aviation airport facilities, to define existing capital facilities and travel levels as a basis for future planning. This inventory must include state -owned transportation facilities within the city or county's jurisdiction boundaries; B. Level of service standards for all locally owned arterials and transit routes to serve as a gauge to judge performance of the system. These standards should be regionally coordinated; C. Include level of service standards for state -owned facilities as stated in chapters 47.06 and 47.80 RCW; D. Specific actions necessary to bring locally owned transportation facilities or services that are below adopted level of service standard into compliance with those adopted levels of service; E. Forecasts of traffic for at least ten years based on the adopted land use plan to provide information on the location, timing and capacity needs for future growth; F. Identification of state and local system needs to meet current and future demands. Identified needs on state - owned facilities must be consistent with the statewide multi -modal transportation plan required under chapter 47.06 RCW. 4. A financing strategy including the following: A. An analysis of funding capability to judge needs against probable funding resources; B. A multi-year financing plan based on the needs identified in the comprehensive plan, the appropriate parts of which shall serve as the basis for the six - year street, road, or transit program required by RCW 35/7.010. The multi-year financing plan should be coordinated with the six improvement program developed by WSDOT; C. If funding falls short of meeting identified needs, a discussion of how additional funding will be raised, or how land use assumptions will be reassessed to ensure that level of service standards will be met. 5. Intergovernmental coordination efforts, including an assessment of the impacts of the transportation plan and land use assumptions on the transportation systems of adjacent jurisdictions. 6. Include demand management strategies. A. Local jurisdictions must adopt and enforce ordinances which prohibit approval of development if the development causes the level of service of a locally owned transportation facility to decline below the standards adopted in the comprehensive plan; unless transportation improvements or strategies to mitigate the 4 anticipated impacts are made concurrent with development. Concurrent in this context means that the improvements or strategies are in place at the time of development or that a financial commitment is in place to complete the improvements or strategies within six years. B. The Transportation Element and the six year transportation improvement program (TIP) must be consistent. Process: The Transportation Element, along with the Capital Facilities Element, is one of the most technically complex elements in the comprehensive plan. The requirements as noted above are significant. Sophisticated analyses must be performed as part of determining the transportation impacts resulting from the land use assumptions in the plan. These analyses are accomplished through a computer model that derives trip generation based on land use and distributes that additional traffic throughout the city and regional transportation system. This element cannot be developed in isolation. Spokane Valley must coordinate the Transportation Element both regionally and with WSDOT on state owned facilities. Level of service standards must be adopted for at least arterials and transit routes within the city. The level of service (LOS) standard that is adopted can have significant financial implications for the city. A fiscal impact analysis must be accompany the level of service discussion so that decisions relating to LOS are made with an understanding of what that decision will cost the city's citizens. Workshops will be necessary to educate the citizenry on a variety of transportation issues, particularly LOS standards and the financial implications of them. Schedule: Timing for the Transportation Element ideally would be overlapping the tail end of the Land Use Element discussion. The links between these two elements are significant, with the required analysis of the transportation system dependent on the land use pattern, densities and policies established during the development of the Land Use Element. Budget: Budget needs would include a qualified transportation planning firm with the capability and resources to perform the tasks identified above. Budget may be necessary for materials and facilities needed for workshop(s). Step 5: Community Workshop on Capital Facilities Element - Overview: The GMA requires jurisdictions to adopt a Capital Facilities Element as a part of the Comprehensive Plan. The focus of the Capital Facilities Element is to determine the quantity and quality of facilities and services that are required to support the growth envisioned in the land use element of the Comprehensive Plan. The element must include a 6 year plan for all capital improvements, identifying the costs and location of specific projects, and the revenue sources that will pay for the improvements. 5 The capital facilities element must contain the following information: 1. Inventory of existing facilities owned by public entities, including: transportation, water, sewer, fire protection, law enforcement, parks and recreation, public buildings, libraries, schools, solid waste and storm water. The plan must show locations and capacities of the facilities. 2. A forecast of future needs for capital facilities. 3. Proposed locations and capacities of expanded or new capital facilities. 4. At least a six-year plan that will finance the capital facilities within the projected funding ability of the City, with sources of public money clearly identified. 5. A requirement to reassess the land use element, capital facilities element and financing plans if probable funding sources fall short of meeting existing needs. Process: Spokane Valley will coordinate with all public facility and service providers to ensure a complete, accurate and defendable capital facilities plan. Minimum regional level of service standards will be reviewed and adjusted, as necessary, to reflect the goals of Spokane Valley. An analysis of required projects and associated costs to maintain level of services standards will be developed. The capital facilities element will be development in conjunction with other elements of the Comprehensive Plan to ensure the plan is real and financially attainable. Schedule: The schedule of the Capital Facilities Element would to follow the workshops on the Land Use and Transportation Elements. Land use direction established in Land Use Element and significant portions of the Transportation Element would be either directly incorporated into the facilities element or a major factor in the development of capital facilities policy direction for Spokane Valley. Budget: Budget needs would include specialized consultant assistance to develop a capital facilities model to assess LOS impacts and financial resources to implement LOS decisions. Step 6: Community Workshop on Economic Development - Overview: The Growth Management was amended in 2002 to require jurisdictions to include an Economic Development element in their comprehensive plans. It is recognized that without a strong economy, the community vision represented in the Plan will never be fully realized. The element will establish goals and provisions for economic growth and vitality. 6 The Economic Development element must contain the following information: 1. A summary of the local economy, including population, employment, payroll, sectors, businesses, sales and other appropriate information. 2. Summary of strengths and weaknesses of the local economy defined as the commercial and industrial sectors and supporting factors such as land use, transportation, utilities, education, work force, housing and natural /cultural resources. 3. Identification of policies, programs, and projects to foster economic growth and development. Process: Identify key economic development experts, both inside and outside the community, who may assist in developing an analysis of the current economy of Spokane Valley. Utilize experts to prepare strategies for economic growth, creation of jobs, development and re- development within the community. Prepare goals and policies to reflect the community vision for economic development. Schedule: Work on the Economic Development Element is somewhat dependent on the outcome of the policy direction identified in the Land Use Element. Given adequate resources wok on this element could take place at the conclusion of Land Use Element. Budget: Budget needs would include consultant assistance specializing in economic assessment and development of economic development plans. Step 7: Community Workshop on Parks and Recreation - Overview: The Growth Management was amended in 2002 to require jurisdictions to include a Parks and Recreation element in their comprehensive plans. The element must be consistent with the Capital Facilities Element. The element will provide general goals and policies that will be used to develop a separate, comprehensive Parks and Recreation Plan for the City. The Parks and Recreation element must contain the following information: 1. Estimates of park and recreation demand for at least a ten -year period. 2. An evaluation of park facilities and service needs. 3. An evaluation of intergovernmental coordination opportunities to provide regional approaches for meeting park and recreation demand. Process: An inventory of existing park and recreation facilities will be developed, including maps, acres of parks, and facilities within each park. An analysis of park 7 needs will be prepared, based upon proposed level of service standards. The capital facilities element will include a list of park improvements with identified revenue sources. Schedule: Anticipate this item to occur in conjunction with the development of the Land Use and Capital Facilities Elements. Budget: Budget needs would include consultant assistance specializing in developing Parks & Recreation comprehensive plans. Step 8: Community Workshop on Housing Element - Overview: Housing is a required element of GMA Comprehensive Plans. The purpose of a Housing element is to ensure the vitality and character of established residential neighborhoods. The Housing element must address the needs of people of all income levels. The Housing element must contain the following information: 1. Inventory and analysis of existing and projected housing needs that identifies the number of housing units necessary to manage projected growth. 2. A statement of goals, policies, objectives and mandatory provisions for the preservation, improvement and development of housing, including single- family residences. 3. Identifies sufficient land for housing, including, but not limited to, government - assisted housing, housing for low - income families, manufactured housing, multifamily housing, and group homes and foster care facilities. 4. Adequate provisions for existing and projected needs of all economic segments of the community. Process: Agencies and organizations responsible for providing or constructing housing will be invited to participate in developing and analyzing housing data for the City. These agencies and organizations would include the Spokane Housing Authority, Spokane Neighborhood Action Program (SNAP), Spokane Home Builders, Spokane Association of Realtors, Spokane County Community Development and others. Goals and policies directed toward creating opportunities for adequate housing for all income segments would be developed. The land use map must be analyzed to ensure an adequate supply of land designated for multi-family development. Schedule: Anticipate this item could occur after the development of the land use direction given appropriate resources. 8 Budget: Budget needs would include limited consultant assistance to conduct the inventory and analysis required for this element. Step 9: Community Workshop Utilities Element - Overview: The Utilities Element. The Utilities element must contain the following information: 1. The general location, proposed location and capacity of all existing and proposed utilities, including, electrical lines, telecommunication lines and natural gas lines. Water and sewer are covered in the capital facilities element. Process: The City will work with all utilities companies to update existing inventories, including maps, of electric, telecommunication and natural gas utilities. Goals and policies will be developed to ensure utility corridors and protected and preserved. Schedule: Anticipate work on this item could occur in conjunction with or at the conclusion of the work on the Land Use Element. This element requires close coordination with the providers of the utilities identified above. Budget: Budget needs would be limited for this element. Step 10: SEPA - Overview: The State Environmental Policy Act (SEPA) requires an evaluation of the potential environmental impacts resulting from the adoption of a Comprehensive Plan. This evaluation can be accomplished in different formats. The traditional method is to develop a draft plan, then evaluate the plan in a separate Environmental Impact Statement (EIS). The SEPA law is specific with regard to the format and content required in a traditional EIS In the raid 1990's, the Washington State Administrative Code (WAC) was amended to allow more flexibility in meeting SEPA requirements (WAC 197 -11 -210). Jurisdictions have the option of integrating the SEPA analysis into Comprehensive Plan documents. This is typically accomplished through a "phased" review of each comprehensive plan draft, where the environmental information and analysis is continually built upon. The phased approach allows environmental review of GMA decisions at the earliest possible steps. The intent, in part, is to use environmental review to help develop alternatives and proposals that are responsive to environmental conditions. Process: Spokane Valley will utilize the integrated. SEPA /GMA, phased review process. Initial drafts of the comprehensive plan will include different alternatives, including an environmental analysis of each alternative. Eventually, the Spokane Valley Planning Commission will formulate a "preferred" alternative that will be forwarded to the City Council for consideration. Environmental review of comprehensive plans should not be viewed as a minor piece of the puzzle. The review must be complete, accurate and defensible. The comprehensive plan will be vulnerable to appeals if the environmental review is not done properly. Most jurisdictions throughout the State have used expert consultants to guide the.. environmental review process, including both the City of Spokane and Spokane County. It is expected that Spokane Valley will also utilize a consultant to assist in this important process. Summary - The process outlined in this document is anticipated to require 2004 to complete. At the conclusion of this phase of the public process time will be needed to complete a working draft of the comprehensive plan. Additional public participation would occur both during the planning commission and city council review of the working draft of the plan. Moreover, time will be necessary to comply with the requirements of SEPA as discussed above. It is staff's opinion that the most efficient and timely approach to this project would be to provide a budget estimate for the work necessary for the comprehensive plan. Once that has been established advertise a request for proposals (RFP) that addresses all areas of the plan where specialized consultant assistance will be necessary. An integrated approach to the comprehensive plan would allow work on some elements to occur concurrently with others. The result would be a timely process and a useful, legally defensible comprehensive plan for Spokane Valley. 10 Dick Warren From: Steve Nicholls [nicheng@ix.netcom.com] Sent: Wednesday, May 21, 2003 9:13 AM To: Dick Warren Subject: Barker Road Hi Dick: Exhibit A Thanks for meeting with us yesterday. Attached is an estimate to a presentation for the fall BRAC meeting. I don't believe the exact date in October has been set. Here are some preliminary thoughts on tentative goals for the presentation: 1. Assure the BRAC Committee of the City's Commitment to the project as part of larger Corridor Improvement. 2. :Illustrate the present and future condition of Barker Road in terms of 3. Demonstrate that the current Structurally Deficient & Functionally Obsolete bridge will not meet current or future needs o Present traffic (truck traffic!) o Future traffic demands o Future widening of Barker road (LAG manual standards) 4. Show that the deck repair funded in May 2003 is not an adequate solution either functionally or structurally 5. Explain the proposed replacement solution (Alignment, RJW, Detour, etc.) Let us know what you think and thanks for considering us. Steve 5/2112003 Page 1 of 1 Department of Community Development LONG RANGE .PLANNING DIVISION Comprehensive Plan Work Program 1 S��k jUatley Step 1: Community Visioning Process - Overview: This event would be the official "kick -off" of the City of Spokane Valley Comprehensive Plan. A city must agree on a collective "Vision" before planning can be effectively completed. A charrette -style visioning process is an interactive, visually engaging and collaborative series of public workshops, focus groups, field condition surveys and design sessions. The result of the visioning process is a collective community vision, which will act as both a guideline for the development of the different comprehensive plan elements and as an event that will create momentum. for the rest of the planning process. Process: Generally, this process would include the following events: 1. Consultant team conducts a series of focus groups meetings. The focus groups include elected city (includes planning commission), county and state (if available) officials, groups such as the local chamber of corrunerce and local major developers, school administrators, emergency responders, church council, and environmental groups to discuss what questions need to be answered during the course of the project. These questions and issues are then discussed during a charrette process and included in the final reports issued by the consultant team at the conclusion of the project. 2. Consultant team and staff tours the city including major commercial, industrial and residential developments or neighborhoods. 3. A series of community open houses /design workshops are held to solicit citizen input on major issues regarding the community including land use, transportation and others. The specifics of the comprehensive plan elements are not discussed during this process. Those discussions come later in the planning process when individual comprehensive plan elements are addressed. The consultant team may use a technique referred to as a "Visual Preference Survey" (VPS). The VPS is a process that gives citizens an opportunity to score key images. The images are typically broken down into key topics to include, single family .neighborhoods (housing types 8 densities), multi family neighborhoods (housing types St densities), downtown commercial, building types (mixed -use, residential, big box, other franchise) entertainment district buildings, parking lots, parks 8t open space, sidewalks, linage, streetscapes for local .residential streets up to arterials, The images are scored by citizens with the average score being reported during the ,Final Charrette presentation. 4. The consultant team works with staff to develop a report of the findings of the process. The Final Charrette presentation is .made to the community with an opportunity for community response and fine tuning of the reports. Schedule: It is anticipated that this process would take place in mid - January to mid - February 2004. Budget, Anticipated budget needs for this process would be for a consultant learn to perform the majority of the specialized work for this step, materials, facility, and other incidental costs. It is assumed that this would be a 5 day visioning process. Step 2: Community Workshop for GMA Plan - Overview: This step of the process would be a general informational workshop to discuss the planing requirements that apply to the city_ This would include a brief introduction to the elements of the comprehensive plan that consist of land use, transportation, housing, utilities, capital facilities, economic development and parks and recreation. Major service providers such as emergency services, utilities, etc. would be encouraged to participate in this workshop and. set up Misplays with information relating to service area. Process: Once the overview is completed the citizens would be encouraged to visit the different display areas and ask questions of staff. 'rh.is would also provide an opportunity to get citizen input on specific topics that were identified during the community visioning process. Schedule: Anticipate this item to occur in mid -March 2004. Budget: Budget needs would include a professional .Facilitator, cost of refreshments, materials, and potential facility costs. Step 3: Community Workshop on Lana Use Element - Overview: Of the required elements in the comprehensive plan, the land use element is the backbone an which many other plan elements are dependent. The land use policy direction and ultimately the land use map contained in the land use element affects to a 2 greater or lesser degree many other comprehensive plan elements including . transportation, capital facilities, utilities, housing and parks & recreation. The . land use element must contain the following information: 1., Designation of the proposed general distribution and general location and extent of the uses of land for housing, commerce, industry, recreation, open spaces, public utilities, public facilities and other Iand uses. 2, Population densities, building intensities, and estimates of futuxe population growth. . Provisions for protection of the quality and quantity of ground water used for public water supplies. 4. Review drainage, flooding, and storm water runoff in the city and nearby jurisdictions and provide guidance for corrective actions to mitigate and cleanse those discharges that pollute waters of the state, Process: Several broad land use policy issues .must be discussed and input gained from the residents. Th.ese policy areas include the overall Ia.nd use pattern such as the centers and corridors approach or some other citywide land use pattern; is developing an identifiable city center an issue to be addressed in the comprehensive plan; and land use associated with the possible extension of the couplet. Schedule: Anticipate this item to occur in mid to late April 2004. Budget: Budget needs would include a professional facilitator, cost of refreshments, materials, and potential facility costs, Step 4: Community Workshop on Transportation Element - Overview: The Transportation Element is a major component of the city's of the comprehensive plan, The Transportation. Element contains the 20 year view of the city's transportation system as well as a _shorter term capital project list designed to meet the anticipated transportation needs of the community for a 6 -year period_ Given the complexity of the Transportation Element, additional workshops may be needed, The TrarLsportati Element must include the following: 1. Land use assumptions used in estimating travel forecasts; 2. Estimated traffic impacts to state -owned facilities resulting from land use assumptions to assist WDT in monitoring the performance of state facilities, to plan 3 improvements for facilities and to assess the impact of land use decisions on state - owned transportation facilities; 3. Facilities and services needs, including: A. An inventory of air, water and ground transportation facilities and services, including transit alignments and general aviation airport facilities, to define existing capital facilities and travel levels as a basis for future planning. This inventory must include state - owned transportation facilities within the city or county's jurisdiction boundaries; B. Level of service standards for all locally owned arterials and transit routes to serve as a gauge to judge performance of the system. These standards should be regionally coordinated; C. Include level of service standards for state -owned facilities as stated in chapters 47.06 and 47.80 RCW; D. Specific actions necessary to bring locally owned transportation facilities or services that are below adopted level of service standard into compliance with those adopted levels of service; R. Forecasts of traffic for at least ten years based on the adopted land use plan to provide information on the location, timing and capacity needs for future growth; F. Identification of state and local system needs to m eet current and future demands. Identified needs on state -owned facilities must be consistent with the statewide multi -modal transportation plan required under chapter 47.06 RCW. 4. A financing strategy including the following: A. An analysis of funding capability to judge needs against probable funding resources; B. A multi -year financing plan based on the needs identified in the comprehensive plan, the appropriate parts of which shall serve as the basis for the six - year street, road, or transit program required by RCW 35.77.010. The multi-year financing plan should be coordinated with the six -year improvement program developed by WSDOT; C. If funding falls short of meeting identified needs, a discussion of how additional funding will be raised, or how land use assumptions will be reassessed to ensure that level of service standards will be met. 5. Intergovernmental coordination efforts, including an assessment of the impacts of the transportation plan and land use assumptions on the transportation systems of adjacent jurisdictions. 6. Include demand management strategies. A. Local jurisdictions must adopt and enforce ordinances which prohibit approval of development if the development causes the level of service of a locally . owned transportation facility to decline below the standards adopted in the comprehensive plan; unless transportation improvements or strategies to mitigate the 4 anticipated impacts are made concurrent with development. Concurrent in this context means that the improvements or strategies are in place at the time of development or that a financial commitment is in place to complete the improvements or strategies within six years. B. The Transportation Element and the six year transportation improvement program (TIP) must be consistent. Process: The Transportation Element, along with the Capital Facilities Element, is one of the most technically complex elements in the comprehensive plan. The requirements as noted above are significant. Sophisticated analyses must be performed as part of determining the transportation impacts resulting from the land use assumptions in the plan. These analyses are accomplished through a computer model that derives trip generation based on land use and distributes that additional traffic throughout the city and regional transportation system. This element carulot be developed in isolation. Spokane Valley must coordinate the Transportation Element both regionally and with WSDOT on state owned facilities. Level of service standards must be adopted for at least arterials and transit routes within the city. The level of service (LOS) standard that is adopted can have significant financial implications for the city. A fiscal impact analysis must be accompany the level of service discussion so that decisions relating to LOS are made with an understanding of what that decision will cost the city's citizens. Workshops will be necessary to educate the citizenry on a variety of transportation issues, particularly LOS standards and the financial implications of them. Schedule: Timing for the Transportation Element ideally would be overlapping the tail end of the Land Use Element discussion. The links between these two elements are significant, with the required analysis of the transportation system dependent on the land use pattern, densities and policies established during the development of the Land Use Element. Budget: Budget needs would include a qualified transportation planning firm with the capability and resources to perform the tasks identified above. Budget may be necessary for materials and facilities needed for workshop(s). Step 5: Community Workshop on Capital Facilities Element - Overview: The GMA requires jurisdictions to adopt a Capital Facilities Element as a part of the Comprehensive Plan. The focus of the Capital Facilities Element is to determine the quantity and quality of facilities and services that are required to support the growth envisioned in the land use element of the Comprehensive Plan. The element must include a 6 year plan for all capital improvements, identifying the costs and location of specific projects, and the revenue sources that will pay for the improvements. 5 The capital facilities element must contain the following information: 1. Inventory of existing facilities owned by public entities, including: transportation, water, sewer, fire protection, law enforcement, parks and recreation, public buildings, libraries, schools, solid waste and storm water. The plan roust show locations and capacities of the facilities, 2. A forecast of future needs for capital facilities. 3. Proposed locations and capacities of expanded or new capital facilities. 4. At least a six -year plan that will finance the capital facilities within the projected funding ability of the City, with sources of public money clearly identified. 5. A requirement to reassess the land use element, capital facilities element and financing plans if probable funding sources fall short of meeting existing needs. Process: Spokane Valley will coordinate with all public facility and service providers to ensure a complete, accurate and defendable capital facilities plan. Minim.um regional level of service standards will be reviewed and adjusted, as necessary, to reflect the goals of Spokane Valley. An analysis of required projects and associated costs to maintain level of services standards will be developed. The capital facilities element will be development in conjunction with other elements of the Comprehensive Plan to ensure the plan is real and financially attainable. Schedule: The schedule of the Capital Facilities Element would to follow the workshops on the Land Use and Transportation Elements. Land use direction established in Land Use Element and significant portions of the Transportation Element would be either directly incorporated into the facilities element or a major factor in the development of capital facilities policy direction for Spokane Valley. Budget: Budget needs would include specialized consultant assistance to develop a capital facilities model to assess LOS impacts and financial resources to implement LOS decisions. Step 6: Community Workshop on Economic Development - Overview: The Growth Management was amended in 2002 to require jurisdictions to include an Economic Development element in their comprehensive plans. It is recognized that without a strong economy, the community vision represented in the Plan will never be fully realized. The element will establish goals and provisions for economic growth and. vitality. 6 The Economic Development element must contain the following information: 1. A summary of the local economy, including population, employment, payroll, sectors, businesses, sales and other appropriate information. 2. Summary of strengths and weaknesses of the local economy defined as the commercial and industrial sectors and supporting factors such as land use, transportation, utilities, education, work force, housing and natural /cultural resources. 3. Identification of policies, programs, and projects to foster economic growth and development. Process: Identify key economic development experts, both inside and outside the community, who may assist in developing an analysis of the current economy of Spokane Valley. Utilize experts to prepare strategies for economic growth, creation of jobs, development and re- development within the community. :Prepare goals and policies to reflect the community vision for economic development. Schedule: Work on the Economic Development Element is somewhat dependent on the outcome of the policy direction identified in the Land Use Element. Given adequate resources wok on this element could take place at the conclusion of Land Use Element. Budget: Budget needs would include consultant assistance specializing in economic assessment and development of economic development plans. Step 7: Community Workshop on Parks and Recreation - Overview: The Growth Management was amended in 2002 to require jurisdictions to include a Parks and Recreation element in their comprehensive plans. The element must be consistent with the Capital :Facilities Element. The element will provide general goals and policies that will be used to develop a separate, comprehensive Parks and Recreation Plan for the City. The Parks and Recreation element must contain the following information: 1. Estimates of park and recreation demand for at least a ten -year. period. 2. An evaluation of park facilities and service needs. 3. An evaluation of intergovernmental coordination opportunities to provide regional approaches for meeting park and recreation demand. Process: An inventory of existing park and recreation facilities will be developed, including maps, acres of parks, and facilities within each park. An analysis of park 7 needs will be prepared, based upon proposed level of service standards. The capital facilities element will include a list of park improvements with identified revenue sources. Schedule: Anticipate this item to occur in conjunction with the development of the Land Use and Capital .Facilities Elements. Budget: Budget needs would include consultant assistance specializing in developing Parks & Recreation comprehensive plans. Step 8: Community Workshop on Housing Element - Overview: Housing is a required element of GMA Comprehensive Plans. The purpose of a Housing element is to ensure the vitality and character of established . residential neighborhoods. The Housing element must address the needs of people of all income levels. The Housing element must contain the following information: 1. Inventory and analysis of existing and projected housing needs that identifies the number of housing units necessary to manage projected growth. 2. A statement of goals, policies, objectives and mandatory provisions for the preservation, improvement and development of housing, including single- family residences. 3. Identifies sufficient land for housing, including, but not limited to, government - assisted housing, housing for low- income families, manufactured housing, multifamily housing, and group homes and foster care facilities. 4. Adequate provisions for existing and projected needs of all economic segments of the community. Process: Agencies and organizations responsible for providing or constructing housing will be invited to participate in developing and analyzing housing data for the City. These agencies and organizations would include the Spokane Housing Authority, Spokane Neighborhood Action Program (SNAP), Spokane Home Builders, Spokane Association of Realtors, Spokane County Community Development and others. Goals and policies directed toward creating opportunities for adequate housing for all income segments would be developed. The land use map must be analyzed to ensure an adequate supply of land designated for multi - family development. Schedule: Anticipate this item could occur after the development of the land use direction given appropriate resources. 8 Budget: Budget needs would include limited consultant assistance to conduct the inventory and analysis required for this element. Step 9: Community Workshop Utilities Element - Overview: The Utilities Element. The Utilities element must contain the following information: 1. The general location, proposed location and capacity of ail existing and proposed utilities, including, electrical lines, telecommunication lines and natural gas lines. Water and sewer are covered in the capital facilities element. Process: The City will work with all utilities companies to update existing inventories, including maps, of electric, telecommunication and natural gas utilities. Goals and policies will be developed to ensure utility corridors and protected and preserved. Schedule: Anticipate work on this item could occur in conjunction with or at the conclusion of the work on the Land Use Element. This element requires close coordination with the providers of the utilities identified above. Budget: Budget needs would be limited for this element. Step 10: SEPA - Overview: The State Environmental Policy Act (SEPA) requires an evaluation of the potential environmental impacts resulting from the adoption of a Comprehensive Plan. This evaluation can be accomplished in different formats. The traditional method is to develop a draft plan, then evaluate the plan in a separate Environmental Impact Statement (EIS). The SEPA law is specific with regard to the format and content required in a traditional EIS. In the mid 1990's, the Washington State Administrative Code (WAC) was amended to allow more flexibility in meeting SEPA requirements (WAC 197 -11 -210). Jurisdictions have the option of integrating the SEPA analysis into Comprehensive Plan documents. This is typically accomplished through a "phased" review of each comprehensive plan draft, where the environmental information and analysis is continually built upon. The phased approach allows environmental review of GMA decisions at the earliest possible steps. The intent, in part, is to use environmental review to help develop alternatives and proposals that are responsive to environmental conditions. 9 Process: Spokane Valley will utilize the integrated SEPA/GMA, phased review process. Initial drafts of the comprehensive plan will include different alternatives, including an environmental analysis of each alternative. Eventually, the Spokane Valley PIanning Commission will formulate a "preferred" alternative that will be .Forwarded to the City Council for consideration. Environmental review of comprehensive plans should not be viewed as a minor piece of the puzzle. The review must be complete, accurate and defensible. The comprehensive plan will be vulnerable to appeals if the environmental review is not d one properly. Most jurisdictions throughout the State have used expert consultants to guide the environmental review process, including both the City of Spokane and Spokane County. It is expected that Spokane Valley wi.Fl also utilize a consultant to assist in this important process, Summary - The process outlined in this document is anticipated to require 2004 to complete_ At the conclusion of this phase of the public process time will be needed to complete a working draft of the comprehensive plan, Additional public participation would occur both during the planning coirtmission and city council review of the working draft of the plan. Moreover, time will be necessary to comply with the requirements of SEPA as discussed above. It is staff's opinion that the most efficient and timely approach to this project would be to provide a budget estimate for the work necessary for the comprehensive plan. Once that has been established advertise a request for proposals (RFP) that addresses alI areas of the plan where specialized consultant assistance will be necessary. An integrated approach to the comprehensive plan would allow work on some elements to occur concurrently with others. The result would be a timely process and a useful, legally defensible comprehensive plan for Spokane Valley. 10 Ruth Muller From: Sant: To; Subject: Matt f Yes, we will plan to have the committee presentation on June 3. Thank you for your he p. Ruth Muller Original Message-- From: matt gibSon imailto:mattgibson8maii.5lsna.com1 Sent: Friday, May 09, 2003 8:29 AM To: Ruth Muller Subject: Re: Communications Transition Committee June 3 would be great. Thanks for rearranging your schedule for this. Please advise if this is a solid appointment. Thank youl MG Original Message Ruth MufFer Friday, May 09, 2003 9:07 AM 'm a ttgrbson©rnafl sisna.comi RE Cornrnunications Transition Committee From Ruth Muller" crmuller@spokanevolley.org> Date: Thu, 9 May 2003 113919 -0700 >Matt, >Since we were not able to have your committee report at the May 6 >Council study session, let's try again. / believe you indicated that >possibly the meeting on May 13 would work (I have had numerous papers >floating around my desk since I returned and am unable to find my notes, >SORRY!). However, that is a regular meeting night with a full load of >action items and the Council prefers to have these presentations at a >study session, if possible. Would the May 20 or June 3 study session >meetings work for you? P/ease let me know. 1 apologize for taking this >long to get back with you on this presentation. >Ruth Muller, Interim City Clerk 1 Ruth Muller From: Matt & Shana & Blake [mattgibson @sisna com] Sent: Monday, April 28, 2003 6 47 PM To: Ruth Muller Subject: Re Communications Transition Committee 4;/ 2-1/3 [WI 3 , Ruth: Thanks for the note. I've contacted our committee and will let you know if May 6 works for us. MG -- Original Message ---- From: Ruth Muller To: mattgibson @sisna com Cc: Lee Walton Sent: Monday, April 28, 2003 12 32 PM Subject: Communications Transition Committee Matt, Diana Wilhite indicated that your transition committee would like an opportunity to make a bnef presentation to the Council We have been trying to give all committees an opportunity to provide information at our meetings. and would like to schedule your presentation for Tuesday, May 6, 2003. This is a Council Study Session meeting and we could provide you with approximately 10 minutes to brief the Council on your report Please let me know if this works for you We can adjust to another meeting night if you have conflicts. I will be leaving town this evening and will not be back in the office until Monday, May 5, but you can contact Lee Walton if you have any questions. Thanks. Ruth Muller, Interim City Clerk 5/5/2003 Page 1 of 1 Spokane Valley Transition Committees Arts, Library, and Culture Dee Dee Loberg - 927 -6873 Shag- o@attnet Communications Man Gibson - 921 -2173 mattgibson@sisna.com Community Development Dave Johnson - 928 -6878 Davidiohnson777Zmsa com Courts Bill Fryer - 532 -7265 rpcmfiver (cs.com Economic Development Larry Meter - 893 -9137 ampeoples@sisna.com Finance and City Administration Dianna Wilhite - 922 -3808 dwilhitengosafeguard_ com Fire Protection and Animal Control John Haley - 926-5156 bryndar(a)msn_ com Franchises, Cable TV Mike Devleming - 924-3800 devlemingmr)aol.com Law Enforcement Patty Plotzki - 924-9258 ptpltgaol.com pplotzld@spokanepolice.org Parks and Recreation Glenn Clapper - 893 -3626 Bluscat22@msn.com i sn.com Planning, Zoning, and Building Francine Shaw - 534-8086 fshawarammassociates. com Public Works Dennis Scott - 939 -7274 dennistaidennismscottcom Roads Deanna Hormann - 924-4796 rhormannf att.net Solid Waste Larry Wendle - 928 -4890 Transportation, STA Regan Lane - 891 -5325 Regan alyssere hotmail.com Wastewater and Stormwater Management Dick Denenney - 924 -9211 rhdkmdaao1.com COMMUNICATIONS PLAN The new City of the Spokane Valley should have a strong relationship with the community it serves. This can be accomplished by creating strategic methods and opportunities for the exchange of information between local government and its constituents, resulting in a higher level of community confidence in govemment, more efficient delivery of public services and a greater sense of community goodwill. The main goal of a Communications Department is to provide leadership and expertise, which enables all representatives of the new City's organization to be effective communicators. Development of a communications plan provides the right vehicle for designing, executing and measuring performance. A communications plan also helps to identify target audiences, develop messages for each target audience and design call -to- action programs, utilizing various proven media components An effective plan requires that media relations and communications be important functions integrated consistently into the organization's vision, objectives and day - to-day operations COMMUNICATIONS PLAN GOALS The overall goals of the Communications Program are to Increase awareness, understanding and participation of the citizens of Spokane Valley in City government goals and activities. Build community pride among citizens and positive identification with their home city. Enhance community confidence in local government and its officials. elected and appointed. Break down feelings of we -they between City govemment and the residents of Spokane Valley Increase awareness, understanding and participation of City employees in the goals and activities of the City. Build corporate pride among employees and positive identification with City government as a whole. Develop better relationships with the news media to enable them to be two -way communicators between City government and its target publics. Encourage and facilitate two -way communication as a corporate communications philosophy and provide the tools. training and methods necessary to be successful. Support a customer- oriented approach to public service delivery through Implementation of high- profile, employee- driven customer care programs that provide training, guidelines and on -going evaluation of City service delivery, and celebrate the accomplishments of employees. COMMUNICATIONS TEAM Each individual who represents City government in an official capacity is a communicator for the City Therefore, the success of the communication program depends upon everyone's participation. The City of Spokane Valley's communication team could include' Mayor /City Manager and City Council Deputy and Assistant City Managers Department Directors Other Council- Appointed Officials All Employees Boards and Commissions of the City Additionally. the communications team includes other city - related agencies, the Spokane Valley Chamber of Commerce, the local school districts. higher education institutions and other entities, to the degree they care to participate. These agencies, and other community -based organizations, including neighborhood councils, church groups and others, will be informed of City communications efforts and encouraged to participate for everyone's mutual benefit. The involvement of these various groups and organizations helps to establish a valuable network that can be utilized to further enhance the two -way flow of information TARGET PUBLICS The identification of prioritized target publics is a key component of a communications plan. Establishing these pnonties serves to tum a scattershot "ready -fire -aim" program into a targeted "ready -airn -fire" strategy Based on the understanding of who is served by the new City. the following primary target publics should be identified as: 1. Citizens The citizens of Spokane Valley have been identified as the highest priority target public. The building of a partnership between City government and the nearly 90,000 residents of Spokane Valley is the starting point for an effective communications program. 2. Employees The employees of the City of Spokane Valley in its various departments and agencies are the second priority group 3. News Media The news media is the third pnority target public. The media are important because their coverage and portrayal of City government has a profound influence on the image of the City organization and consequently, the level of support and involvement that is received from its citizens and other target publics. Secondary target publics include 4. Public segments: City boards and commissions, neighborhoods. business, education, military, medical, etc. 5. Residents of Spokane County 6. Residents of the Inland Northwest region 7. Other local governments in Washington and Idaho SUGGESTED COMMUNICATION PLAN ELEMENTS 1. Branding and image 2. Collateral 3. Public Relations a. Media briefings/releases b. Speech writing c. Presentation prep d. Annual state of the City 4. Events 5. Government Access TV a. Council meetings b. Mayor /Council c. Special programming 6. Web site a Internet b. Extranet c. Intranet 7. Community Outreach a. Advertising b PSAs c. Scheduled Editorials d Scheduled Newsletter w /opt in and opt out e. Direct mail 1. Utility bills 8. Employee Outreach a Newsletter b Email c. Training d. Etc. Ruth Muller From: Vern Buller Ivbu Iles ri4 nwcs. orgj Sent Monday, May 05, 2003 /:13 PM To: Ruth Muller Subject City Council Presentation May 20 Mrs. Muller 'fern Buller Development Director Northwest Christian ,Schools email vbuller @nwcs.org (P1 1 hope you had a great vaca _Dr.. Our school is ;scheduled to make a presentation, to the Spokane Valley City council on May 20th. One of our principal people is unable to attend that evening. 1 am wondering if you might have an alternative date? If not WE are prepared to come on Tuesday. May 20th. Ruth Muller From: Ruth Muller Sent: Monday. April 28, 2003 9 52 AM To: Vern Buller' Cc: Lee Walton, Stan McNutt Subject: RE Council meeting Vern Buller, Thanks for confirming. We will schedule you for approximately 10 minutes on the May 20 study session with the Council, and we do have capability for power point presentations. 1 will be gone from the office until May 5 so if you have any further questions, please contact Lee Walton or Stan McNutt. Ruth Muller, Interim City Clerk -- Original Message From: Vern Buller (mailto:vbuller @nwcs.org] Sent: Monday, April 28, 2003 8:22 AM To: Ruth Muller Subject: Re: Council meeting Dear Ms. Muller Thank you for the invitation we will be pleased to come on that date. Please let us know how much time we will have and if a Power Point presentation would be appropriate. Vern Buller Development Director Northwest Christian Schools, Inc 509.238 -4005 email vbuller @nwcs.org. »> "Ruth Muller" <rmuller @spokanevalley.org> 04/25/03 12:20PM »> Vern Buller, We have received your email introducing yourself and your school. We would be pleased to include you on a Council agenda so that you may provide information on your school and its programs to the City Council. Our Interim City Manager suggested that we schedule this on the Study Session agenda May 20. Please let me know if this date works for you. Our Council meetings begin at 6:00 p.m. Thank you. Ruth Muller, Interim City Clerk 1 Ruth Muller From: Ruth Mu ller Sent: Friday. April 25, 2003 12:20 PM To: 'vbu nwcs. org' Cc: Lee Walton, Mike Devlerning Subject: Council meeting Vern Buller, We have received your erhail Introducing yourself and your school_ Council agenda so that you may provide information on your school Intenrn City Manager suggested that we schedule this on the Study if this date works for you. Our Council meetings begin at 6:00 p.m. Ruth Muller, Interim City Clerk 4/27/2003 Page 1o1 We would be pleased to Include you on a and its programs to the City Council. Our Session agenda May 20 Please let me know Thank you. 0)) Subj: RE: Board of Health Date 4/1712003 10:22:13 PM Pacific Daylight Time From: KThorbumOspokanecounty.org To: aft,d0,e2iMaglQ471 Sent from the Internet (Details) Hi there, Kim Marie Thorb urn, MD, MPH Health Officer Spokane Regional Health Distnct 509- 324 -1501 509 -324 -1507 fax - - -- Original Message-- - From: Darlee2 @aol.com [mallto:Dariee2 @aol.comJ Sent Tuesday, April 15, 2003 5:13 PM To: kthorbum@spokanecounty.org Subject Board of Health Subj: Re: Board of Health Date: 4/18t2003 9:4423 AM Pacific Daylight Time From: Darlee2 To: KTllorburn ppokanecounty.org For some reason, best explained as a "senior moment" I used my personal e-mail account to contact you Sony, my City address is "Iwalton @spoknaevalley org Good Afternoon Doctor. Perehaps you can help me address a question raised by our City Council last week How are the members of your Board appointed and are these appointment for set terms. Obviouly as the new kid on the block, this Council is interested in participating on allot the various Boards and commissions that provide services to the citizens of the Valley. Any information you can provide would be welcome Thank you, Lee Walton, City Manager rage or I've mentioned to a couple of the councilman that I'd like to meet with the council about the health district, especially around issues of govemance and budget. They suggested a study session. Your e-mail reminds me of this; I was wafting until after the formation of the city. Could you help me set this up? The best way to schedule something is to contact my assistant Marcia at the number below. t" The composition of the Spokane Regional Health District Board of Health is created by resolution of the county commissioners. It is currently the 3 commissioners, 3 elected officials from Spokane, 2 elected officials from other towns and cities in the County and 3 at -large members appointed by the commissioners. Each Board constituency has different methods of appointment. Cities have no statutory authority over local public health agencies This is only granted by county commissioners. Thanks for the info and yes I will set something up with Council.. One of the issues is possible Health Dept support for our "one stop" permit center as a service for "East County" residents One of the most frequent complaints we receive is about the need to travel North Spokane to get certain permits from other agencies such as the Health Department_ We understand that cities have no jurisdiction (thank goodness) over the Health District but are hoping we can persuade the Board cooperate in this effort CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, GRANTING A NON- EXLUSIVE FRANCHISE TO SPOKANE WATER DISTRICT NO. 3 TO CONSTRUCT, MAINTAIN AND OPERATE CERTAIN FACILITIES WITHIN THE PUBLIC RIGHT -OF- WAY AND PUBLIC PROPERTIES OF THE CITY OF SPOKANE VALLEY. DRAFT WHEREAS, RCW 35A.47.040 authorizes the City to grant, permit, and regulate non- exclusive franchises for the use of public streets, bridges or other public ways, structures or places above or below the surface of the ground for railroads and other routes and facilities for public conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for transmission and distribution of electrical energy, signals and other methods of communication, for gas, steam and liquid fuels, for water, sewer and other private and publicly owned and operated facilities for public service; and WHEREAS, the grant of such non - exclusive franchises requires the approving vote of at least a majority of the entire City Council and publication at least once in a newspaper of general circulation in the City; and WHEREAS, the Council finds that the grant of the franchise contained in this Ordinance, subject to its terms and conditions, is in the best interests of the public. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, does ordain as follows: Section 1. Definitions. For the purpose of this Ordinance, the following words and terms shall have the meaning set forth below: 1. "City Manager" shall mean the City Manager or his/her designee. 2. "construction" or "construct" shall mean constructing, digging, excavating, laying, testing, operating, extending, upgrading, renewing, removing, replacing, and repairing a facility. 3. "day" means a twenty -four (24) hour period beginning at 12:01 a.m. If a thing or act is to be done in less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of time. 4. "distribution system, system and lines" used either in the singular or plural shall mean and include the poles, conductor, pipe, mains, laterals, conduits, feeders, regulators, meters, fixtures, connections, and all C:\cpd work fileslfranchiseslspokane water district 3\spokane water district 3 initial draft.doc 1 DRAFT ;.crr, cF::9 (IT! crNafia attachments, appurtenances equipment and appliances necessary and incidental thereto or in any way appertaining to the distribution of the service or product and which are located within a right of way. 5. "facility" used either in the singular or plural shall mean any tangible component of the transmission and distribution system within the right of way or on public property, including supporting structures, located in the operation of activities authorized by this Franchise. The abandonment by Grantee of any facilities as defined herein shall not act to remove the same from this definition. 6. "Hazardous Substances" shall mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, a hazardous, toxic or radioactive substance, or other similar term, by any federal, state or local environmental statute, regulation, or ordinance or decision of a state or federal court or administrative agency or body, presently in effect or that may be promulgated in the future, and as such statutes, regulations and ordinances may be amended from time to time. 7. "maintenance, maintaining or maintain" shall mean the work involved in the replacement and/or repair of Facilities; including constructing, relaying, repairing, replacing, examining, testing, inspecting, removing, digging and excavating, and restoring operations incidental thereto. 8. "Permittee" shall mean a person or entity who has been granted a permit by the Permitting Authority. 9. "Permitting Authority" shall mean the City Manager or designee authorized to process and grant permits required to perform work in the rights of way (ie. Obstruction Permits). 10. "product" shall refer to the item, thing or use provided by the Grantee. 11. "public property" shall mean any real estate or any facility owned by the City. 12. "right of way" shall refer to the surface of and the space along, above, and below any street, road, highway, freeway, lane, sidewalk, alley, court, boulevard, parkway, drive, Grantee easement, and/or road right of way now or hereafter held or administered by the City. 13. "streets" or "highways" shall mean the surface of, and the space above and below, any public street, road, alley or highway, within the City C:\cpd work files\franchises\spokane water district 31spokane water district 3 initial draft.doc used or intended to be used by the general public, to the extent the City has the right to allow the Grantee to use them. Section 2. Grant of Franchise. The City of Spokane Valley, a Washington municipal corporation (hereinafter the "City "), hereby grants unto a Washington (for profit/not- for - profit) corporation (hereinafter "Grantee "), a franchise for a period of years, beginning on the effective date of this Ordinance, to install, construct, operate, maintain, replace and use all necessary equipment and facilities for purposes described on Exhibit A, system, in, under, on, across, over, through, along or below the public right- of-ways and public places located in the City of. Spokane Valley, as approved under City permits issued pursuant to this franchise (hereinafter the "Franchise "). Section 3. Fee. No right -of -way use lee shall be imposed for the terra of this Franchise. At such time as a right -of -way use or franchise fee may be imposed by a City ordinance, applicable to Grantee, however, the same shall be imposed after Sixty (60) days' written notice from the City to the. Grantee. Any such right-of-way use or franchise fee that may be imposed would apply to any subsequent franchise, if any, between the parties. Section 4. City Use. The following provisions shall apply regarding City use, This will be any applicable "me too" clause relating to providing arty service or benefit being provided under other _viniilar franchises from arty other governmental entity from the company seeking the franchise, Section 5. Recovery of Costs. Grantee shall be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise or under ordinances of the City. Where the City incurs costs and expenses for review or inspection of activities undertaken through the authority granted in this Franchise or any ordinances relating to the subject for which a permit fee is not established, Grantee shall pay such costs and expenses directly to the City. In addition to the above, Grantee shall promptly reimburse the City for any and al] costs it reasonably incurs in response to any emergency involving Grantee's facilities_ Section 6. Non-Exclusivity. This Franchise is granted upon the express condition that it shall not in any manner prevent the City from granting other or further franchises in, under, on, across, over, through, along or below any right -of -ways, streets, avenues and any other public lands and properties of every type and description. This and other franchises shall, in no way, prevent or prohibit the City from using any of its right -of -ways roads, streets or other public properties or affect its jurisdiction over them or any part of them. The City hereby retains full power to make all changes, relocations, repairs, maintenance, establishments, improvements, dedications or vacation of sane as the City may deem fit, including the dedication, establishment, maintenance, and improvement of all new right -of- ways, streets, avenues, thoroughfares and other public properties of every type and description, Section 7. Non- Interference with Existing Facilities. The City shall have prior and superior right to the use of its roads, streets, and alleys, and public properties for installation and maintenance of its facilities and other governmental purposes, and should in the sole discretion C;'.cpd work files \franchises\spokane water district 3Lspokane water district 3 initial draft.doc 3 of the City a conflict arise with the Grantee's facilities, the Grantee shall, at its own expense and cost, conform to the City's facilities and other government purposes of the City. The owners of all utilities, public or private, installed in or on such public properties prior to the installation of the lines and facilities of the Grantee, shall have preference as to the positioning and location of such utilities so installed with respect to the Grantee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such public properties. Grantee's system shall be constructed and maintained in such manner as not to interfere with sewers, water pipes, or any other property of the City, or with any other pipes, wires, conduits or other facilities that may have been laid in the rights of way by or under the City's authority. Section 8. Right to Roads Not Superseded. The City, in the granting of this Franchise, does not waive any rights which it now holds or may hereafter acquire, and this Franchise shall not be construed so as to deprive the City of any powers, rights, or privileges which it now has, or may hereafter acquire, including the right of eminent domain, to regulate the use and control of its roads covered by this Franchise, or to go upon any and all City roads and highways for any purpose including constructing, repairing, or improving the same in any such manner as the City, or its representatives may elect. The City shall retain full authoritative power in the same and like manner as though this Franchise had never been granted. Nothing in this Franchise shall be construed to prevent the City from constructing facilities, grading, paving, repairing andlor altering any street, or laying down, repairing or removing facilities or constructing or establishing any other public work or improvement. All such work shall be done, insofar as practicable, so as to not obstruct, injure or prevent the unrestricted use and operation of the facilities of the Grantee under this Franchise. If, however, any of the Grantee's facilities interfere with City projects, Grantee's facilities shall be removed or replaced. Any and all such removal or replacement shall be at the sole expense of the Grantee. Should Grantee fail to remove, adjust or relocate its facilities by the date established by the City Engineer's written notice to Grantee, the City may cause andlor effect such removal, adjustment or relocation, and the expense thereof shall be paid by Grantee. Section 9. Commencement of Construction. Construction (IF APPLICA.RLE) of the facilities contemplated by this Franchise may commence within days of the effective date of this Ordinance, provided that such time limit shall not apply to delays caused by acts of God, strike or other occurrences over which Grantee has no control. Failure to begin construction of facilities within one (1) year of this franchise shall automatically result in termination of this franchise. Section 10. Construction Standards. All facilities shall be installed in conformity with the plans and specifications filed with the City, except in instances in which deviation may be allowed in writing by the City Engineer pursuant to application by the Grantee. All plans and specifications shall specify the class and type of material and equipment to be used, manner of excavation, construction and installation, backfill, erection of temporary structures, erection of permanent structures, and the traffic control mitigation measures as provided by the Manual on C:\cpd work fileslfranchises\.spokane water district 31spokane water district 3 initial draft.doc 4 Uniform Traffic Control Devices, or similar standards as may be applicable from time to time. The plans must meet all Federal, State, County and City Codes and the Utility Accommodation Plan Standards. Notwithstanding any provision herein to the contrary, any excavations and installations by the Grantee in any of the public properties within the corporate limits of the City shall be done in accordance with such reasonable rules, regulations, resolutions, and resolutions of general application now enacted or to be enacted by City Council, relating to excavations in public properties of the City, and authorized by the City Engineer. Said rules, regulations, authorizations, and resolutions shall be for the purposes of fulfilling the City's public trustee role in administering the primary use and purpose of public properties, and not for relieving the Grantee of any duty, obligation, or responsibility for the competent design, construction, maintenance, and operation of its facilities. Grantee is responsible for the supervision, condition, and quality of the work done, whether it is by itself or by contractors, assigns or agencies. Section 11. Special Construction Standards. During any period of work relating to Grantee's facilities, all surface structures and equipment, if any, shall be erected and used in such places and positions within or adjacent to public right -of -ways and other public properties so as to interfere as little as possible with the free passage of vehicular and pedestrian traffic and the free use of adjoining property. Grantee shall, at all times, post and maintain proper barricades and comply with all applicable safety regulations during such period of construction as required by the ordinances of the City, conditions of permits, and laws and regulations of the State of Washington, specifically including RCW 39.04.180 for the construction of trench safety systems. If Grantee shall at any time be required, or plan, to excavate trenches in any area covered by this Ordinance, the Grantee shall afford the City an opportunity to permit other franchisees and utilities to share such excavated trenches, provided that: (1) such joint use shall not unreasonably delay the work of the Grantee; and (2) such joint use shall not adversely affect Grantee's facilities or safety thereof. When deemed appropriate by the City, joint users may be required to contribute to the costs of excavation and filling. Section 12. Restoration After Construction. Grantee shall, after abandonment approved under Section 29 herein, or any other installation, construction, relocation, maintenance, or repair of facilities within the area of this Franchise, restore the surface of the right -of -way or public property to at least the condition that the same was in immediately prior to any such work. Grantee agrees to promptly complete all restoration work and to promptly repair any damage caused by such work within the area of this Franchise or other affected area at its sole cost and expense. Section 13. Damage and Non- Compliance. Any and all damage, or injury, done or caused to City right of way, City facilities, or any portion thereof in the construction, operation, maintenance or repair of Grantee's facilities shall be immediately repaired and reconstructed to the satisfaction of the City Engineer; and in the event the Grantee shall fail, neglect, or refuse to immediately repair and reconstruct said damage or injury to said City right of way or facilities, the same may be done by the City and the cost and expense shall be immediately paid by the Grantee to the City. C:\cpd work files\franchises\.spokane water district 3\spokane water district 3 initial draft.doc 5 If it is discovered by the City that Grantee has damaged, injured, or failed to restore the right of way in accordance with this Franchise, the City shall provide the Grantee with written notice including a description of actions the City believes necessary to restore the right of way. If the right of way is not restored within ten (10) days' from written notice, the City, or its authorized agent, may restore the right of way and facilities. The Grantee is responsible for all costs and expenses incurred by the City to repair and restore the right of way and facilities in accordance with this Franchise. The rights granted to the City under this Section 10 shall be in addition to those otherwise provided by this Franchise. Section 14. Protection of Monuments. Before any work is performed under this Franchise which may affect any existing monuments or markers of any nature relating to subdivisions, plats, roads, and all other surveys, the Grantee shall reference all such monuments and markers. The reference points shall be so located that they will not be disturbed during the Grantee's operations under this Franchise. The method of referencing these monuments or other points to be referenced shall be approved by the City Engineer. All concrete encased recorded monuments which have been disturbed or displaced by such work shall be restored pursuant to Federal standards and specifications. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as the conditions permit, and as directed by the City Engineer. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement of approved monuments and other marker ties which have been re- established or disturbed shall be borne by the Grantee. Section 15. Drainage. If the work done under this Franchise interferes in any way with the drainage of a City right of way, the Grantee shall wholly and at its own expense make such provisions necessary to eliminate the interference to the drainage to the satisfaction of the City Engineer. Section 16. Obstruction Permits Required. Whenever Grantee shall occupy or excavate in any public right -of -way or other public property for the purpose of installation, construction, repair, maintenance or relocation of its facilities, it shall apply to the City for a permit to do so, together with detailed plans and specifications showing the position, depth, and location of all such facilities in relation to existing right -of -ways, roads, streets, or other public property, hereinafter collectively referred to as the "Plans." All work within any public rights - of -way or other public property shall be pursuant to permit a valid permit. The facilities shall be installed or constructed in exact conformity with said Plans except in instances in which deviation may be allowed by the City, in writing, in response to written application by Grantee. The Plans shall specify the class and type of material and equipment to be used, manner of excavation, construction, installation, backfill, erection of temporary structures and facilities, erection of permanent structures and facilities, traffic control, traffic turnouts and road obstructions, and all other necessary information including a schedule for the work. During the progress of the work, Grantee shall not unnecessarily obstruct the passage or proper use of the right -of -ways. Grantee shall file as -built plans and maps with the City showing the final location of the facilities. All restoration of right -of -ways, roads, streets, storm drainage and the surface of other public property shall be in conformance with City standards, and conditions of the permit. C:\cpd work fileslfranchiseslspokane water district 31spokane water district 3 initial draft.doc 6 Section 17. Maintenance. Grantee shall provide and put in use all facilities necessary to control and carry Grantee's products so as to prevent injury to the City's property or property belonging to any person within the City. rante-e, solely at its own expense, shall repair, renew, change, and improve said facilities from time to time as may be necessary to maintain the same in good condition. Grantee shall not construct its facilities in a manner that requires any customer to install cables, ducts, conduits, or other facilities, in, under, or over the City's rights of way. Section 18. EmerZency Response. The Grantee shall, within six months of the execution of this Franchise by the Grantee, prepare and file with the City and adhere to an Emergency Management Plan (the "Plan ") for responding to any spill, break, or other emergency condition. The Plan shall designate responsible officials and emergency 24-hour on -call personnel and the procedures to be followed when responding to an emergency_ When developing such Plan, the Grantee shall work with the City Engineer and the City's Police Department to determine when and how the same should be contacted during emergencies_ After being notified of an emergency, Grantee shall cooperate with the City and make every effort to immediately respond with action to minimize damage and to protect the health and safety of the public. In the event the Grantee fails or refuses to promptly take the directed action, or fails to fully comply with such direction, or if emergency conditions exist which require irnmediate action to prevent imminent injury or damages to persons or property, the City may take such actions as it believes are necessary to protect persons or property and the Grantee shall be responsible to reimburse the City for its costs and any expenses. Section 1.9. Emergency Work_ In the event of any emergency in which any of Grantee's facilities break, are damaged, or if Grantee's facilities or construction areas are otherwise in such a condition as to immediately endanger any property, life, health, or safety, Grantee shall immediately inform the City of the location and condition and shall immediately take all necessary actions to repair its facilities, and to cure or remedy any dangerous conditions. Such emergency work may be commenced without first applying for and obtaining a permit as required by this Franchise. However, this provision shall not relieve Grantee from the requirement of obtaining any permits necessary for this purpose, and Grantee shall apply for all such permits not later than the next succeeding day during which the City is open for business_ Section 20. One -Call System. Pursuant to R W 19.122, Grantee is responsible for becoming familiar with, and understanding, the provisions of Washington's One -Call statutes. Grantee shall comply with the terms and conditions set forth in the One -Call statutes. Section 21. inspections and Fees_ All work performed by Grantee shall be subject to inspection by and approval of the City. The Grantee shall reimburse the City for all expenses incurred by the City in the examination, inspection, and approval of Grantee's work. Such reimbursement shall be in addition to any other fees or charges levied by the City. Section 22. Safety. The Grantee, in accordance with applicable federal, state, and local safety rules and regulations, shalt, at all times, employ ordinary care in the installation, C_Icpd work lileslfranchises \spokane water district 3\spokane water district 3 initial draft.doc 7 abandonment, relocation, construction, maintenance, andlor repair, utilizing methods and devices commonly accepted in their industry of operation to prevent failures and accidents that are likely to cause damage, injury, or nuisance to persons or property. All of Grantee's facilities in the Right of Way shall be constructed and maintained in a safe and operational condition. Grantee shall follow all safety codes and other applicable regulations in the installation, operation, and maintenance of the facilities. Section 23. Building Moving. Whenever any person shall have obtained permission from the City to use any right of way for the purpose of moving any building or other oversized structure, Grantee, upon fourteen (14) days' written notice from the City, shall raise or remove, at the expense of the Perrn.ittee desiring to move the building or structure, any of Grantee's facilities that may obstruct the movement thereof; provided, that the path for moving such building or structure is the path of least interference to Grantee's facilities, as determined by the City. Section 24. Acquiring New Facilities. Upon Grantee's acquisition of any new facilities in the rights of way, or upon any addition or annexation to the City of any area in which Grantee retains any such facilities in the rights of way, the Grantee shall submit to the City a written statement describing all facilities involved, whether authorized by Franchise or any other form of prior right, and specifying the location of all such facilities. Such facilities shall immediately be subject to the to (its of this Franchise. Section 25. gn emus Conditions - Authority of City to Abate. Whenever excavation, installation, construction, repair, maintenance, or relocation of facilities authorized by this Franchise has caused or contributed to a condition that appears to substantially impair the lateral support of the adjoining right -of -way, road, street or other public place, or endangers the public, adjoining public or private property or street utilities, the City may direct Grantee, at Grantee's sole expense, to take a]1 necessary actions to protect the public and property. The City may require that such action be completed within a prescribed time. In the event that Grantee fails or refuses to prornptly take the actions directed by the City, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, the City may enter upon the property and take such actions as are necessary to protect the public, adjacent public or private property, or street utilities, or to maintain the lateral support thereof, and all other actions deemed by the City to be necessary safety precautions; and Grantee shall be liable to the City for all costs and expenses thereof Section 26. Hazardous Substances. Grantee shall comply with all applicable state and federal laws, statutes, regulations and orders concerning Hazardous Substances relating to Grantee's facilities in the right of way. Grantee shall maintain and inspect its facilities Iocated in the rights of way, Upon reasonable notice to Grantee and in the presence of an authorized representative of Grantee, the City may inspect Grantee's facilities in the rights of way to determine if any release of Hazardous Substances has occurred, or may occur, from or related to Grantee's facilities. This inspection is not to remove the burden of inspection from the Grantee on a periodic basis of its facilities for Hazardous Substances, nor is to remove the responsibility of the Hazardous substance from the Grantee. In removing or modifying Grantee's facilities as C; .cpd work fileslfranchises spokane water district 3lspokane water district 3 iuiria] draft_doc provided in this Fraucbise, Grantee shall also remove all residue of Hazardous Substances in compliance with applicable environmental cleat -up standards related thereto. Grantee agrees to forever indemnify the City against any claims, costs, and expenses, of any kind, whether direct or indirect, incurred by the City arising out of the release or threat of release of Hazardous Substances caused by Grantee's ownership or operation of its facilities within the City's right of way. Section 27. Environmental. Grantee shall comply with all environmental protection laws, rules, recommendations and regulations of the United States and the State of Washington, and their various subdivisions and agencies as they presently exist or may hereafter be enacted, promulgated, or amended, and shall indemnify and hold the City harmless from any and all damages arising, or which may arise, or be caused by, or result from the failure of Grantee fully to comply with any such laws, rules, recommendations, or regulations, whether or not Grantee's acts or activities were intentional or unintentional. Grantee shall further indemnify the City against all losses, costs, and expenses (including legal expenses) which the City may incur as a result of the requirement of any government or governmental subdivision or agency to clean and/or remove any pollution caused or permitted by Grantee, whether said requirement is during the term of the Franchise or subsequent to its termination. Section 28. Relocation of Facilities. Grantee agrees and covenants, at its sole cost and expense, to protect, support, temporarily disconnect, relocate or remove from any street any of its facilities when so required by the City by reason of traffic conditions or public safety, dedications of new right -of -ways and the establishment and improvement thereof, freeway construction, change or establishment of street grade, or the construction of any public improvement or structure, provided that Grantee shall in all such cases have the privilege to temporarily bypass in the authorized portion of the same street upon approval by the City, any section of their facilities required to be temporarily disconnected or removed. If the City determines that the project necessitates the relocation of Grantee's then - existing facilities, the City shall: a) At least sixty (60) days prior to the commencement of such improvement project, provide Grantee with written notice requiring such relocation; and b) provide Grantee with copies of pertinent portions of the plans and specifications for such improvement project and a proposed location for Grantee's facilities so that Grantee may relocate its facilities in other City right-of-way in order to accommodate such improvement project. c) After receipt of such notice and such plans and specification, Grantee shall complete relocation of its facilities at no charge or expense to the City so as to accommodate the improvement project at Iea_st ten (10) days prior to commencement of the project. Grantee may, after receipt of written notice requesting a relocation of its facilities, submit to the City k +ritten alternatives to such relocation, The City shall evaluate such alternatives and C:\cpd work fEleslf -a chiscslspokanc wattx district 3lspokane water district 3 initial draft.doc 9 advise Grantee in writing if one or more of the alternatives is suitable to accommodate the work which would otherwise necessitate relocation of the facilities. If so requested by the City, Grantee shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by Grantee full and fair consideration. In the event the City ultimately determines that there is no other reasonable alternative, Grantee shall relocate its facilities as otherwise provided in this Section. The provisions of this Section shall in no manner preclude or restrict Grantee from making any arrangements it may deem appropriate when responding to a request for relocation of its facilities by any person or entity other than the City, where the facilities to be constructed by said person or entity are not or will not become City owned, operated or maintained facilities, provided that such arrangements do not unduly delay a City construction project. Section 29. Abandonment of Grantee's Facilities. No facility constructed or owned by Grantee may be abandoned without the express written consent of the City. Any plan for abandonment or removal of Grantee's facilities must be first approved by the City, and all necessary permits must be obtained prior to such work. Section 30. Records. As a condition of this Franchise, and at its sole expense, Grantee agrees to provide the City with available as -built plans, potential improvement plans, field locates, maps, plats, specifications, profiles, and records of its facilities within City right of way. Such documents shall be provided within six months of the execution of said Franchise by Grantee. These records shall be in a digital electronic format acceptable to the City, unless the City Engineer deems it to be a hardship to the Grantee, in which case a hard copy in a format acceptable to the City Engineer shall be provided. Grantee shall provide the City a plan map updated annually showing all Grantee's facilities located within the City right of way or public properties. To the extent such requests are limited to specific facilities at a given location within the Franchise area in connection with the construction of any City project, Grantee shall provide to the City, upon the City's reasonable request, copies of available drawings in use by Grantee showing the location of such facilities. Grantee shall field locate its facilities in order to facilitate design and planning of City improvement projects. Upon written request of the City, Grantee shall provide the City with the most recent update available of any plan of potential improvements to its facilities within the Franchise area; provided, however, any such plan so submitted shall be for informational purposes only, and shall not obligate Grantee to undertake any specific improvements within the Franchise area. Public Disclosure Act: Grantee acknowledges that information submitted to the City may be subject to inspection and copying under the Washington Public Disclosure Act codified in chapter 42.17 RCW. Grantee shall mark as "CONFIDENTIAL" each page or portion thereof of any documentation/information which it submits to the City and which it believes is exempt from public inspection or copying. The City agrees to provide the Grantee with a copy of any public disclosure request to inspect or copy documentation/information which the Grantee has provided to the City and marked as "CONFIDENTIAL" prior to allowing any inspection and/or C:\cpd work fileslfranchises\spokane water district 3\spokane water district 3 initial draft.doc 10 copying as well as provide the Grantee with a time frame, consistent with RCW 42.17.320, to provide the City with its written basis for non - disclosure of the requested documentation /information. In the event the City disagrees with the Grantee's basis for non- disclosure, the City agrees to withhold release of the requested documentation/information in dispute until the Grantee can file a legal action under RCW 42.17.330. Section 31. Limitation on Future Work. In the event that the City constructs a new street or reconstructs an existing street, the Grantee shall not be permitted to excavate such street for a period of five (5) years absent emergency circumstances, unless otherwise agreed by the City. Section 32. Remedies to Enforce Compliance. In addition to any other remedy provided herein, the City reserve the right to pursue any remedy to compel or force Grantee and /or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein. Section 33. City Ordinances and Regulations. Nothing herein shall be deemed to direct or restrict the City's ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this Franchise, including any reasonable ordinances made in the exercise of its police powers in the interest of public safety and for the welfare of the public. The City shall have the authority at all times to control by appropriate regulations the location, elevation, and manner of construction and maintenance of any facilities by Grantee, and Grantee shall promptly conform with all such regulations, unless compliance would cause Grantee to violate other requirements of law. Section 34. Vacation. lf, at any time, the City shall vacate any City road, right -of -way or other City property which is subject to rights granted by this Franchise and said vacation shall be for the purpose of acquiring the fee or other property interest in said road, right -of -way or other City property for the use of the City, in either its proprietary or governmental capacity, then the City may, at its option and by giving thirty (30) days written notice to the grantee, terminate this Franchise with reference to such City road, right -of -way or other City property so vacated, and the City shall not be liable for any damages or loss to the grantee by reason of such termination. Section 35. Indemnification. Grantee hereby releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its officers, employees, agents and representatives from any and all claims, costs, judgments, awards or liability to any person, including claims by Grantee's own employees to which Grantee might otherwise be immune under Title 51 RCW, arising from injury or death of any person or damage to property of which the negligent acts or omissions of Grantee, its agents, servants, officers or employees in performing services under this Franchise are the proximate cause. Grantee further releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its officers and employees from any and all claims, costs, judgments, awards or liability to any person, including claims by Grantee's own employees to which Grantee night otherwise have immunity under Title 51 RCW, arising against the City solely by virtue of the City's ownership C:lcpd work fileslfranchises\spokane water district 3lspokane water district 3 initial draft.doc 11 or control of the right -of -ways or other public properties, by virtue of Grantee's exercise of the rights granted herein, or by virtue of the City's permitting Grantee's use of the City's right -of ways or other public property based upon the inspection or lack of inspection of work performed by Grantee, its agents and servants, officers or employees in connection with work authorized on the City's property or property over which the City has control, pursuant to this Franchise or pursuant to any other permit or approval issued in connection with this Franchise. This covenant of indemnification shall include, but not be limited by this reference, to claims against the City arising as a result of the negligent acts or omissions of Grantee, its agents, servants, officers or employees in barricading, instituting trench safety systems or providing adequate warnings of any excavation, construction, or work in any public right- of-way or other public place in performance of work or services permitted under this Franchise_ Inspection or acceptance by the City of any work performed by Grantee at the time of completion of construction shall riot be grounds for avoidance of any of these covenants of indemnification, Said indemnif cation obligations shall extend to claims which are not reduced to a suit and any claims wvhich may be compromised prior to the culmination of any litigation or the institution of any litigation_ In the event that Grantee refuses to accept the tender of defense in any suit or any claim, said tender having been made pursuant to the indemnification clauses contained herein, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of Grantee, then Grantee shall pay all of the City's costs for defense of the action, including all reasonable expert witness fees and reasonable attorneys' fees and the reasonable costs of the City, including reasonable attorneys' fees of recovering under this indemnification clause. Should a court of competent jurisdiction (or such other tribunal that the parties shall agree to decide the matter) determine that this Franchise, or work conducted under authority of this Franchise, 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 Grantee and the City, its officers, employees and agents, Grantee's liability hereunder shall be only to the extent of Grantee's negligence_ It is further specifically and expressly understood that the indernmification provided herein constitutes Grantee's waiver of immunity under Title 51 RCW, solely for the purpose of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this Section 35 shall survive the expiration or termination of this Franchise agreement, for a period of three (3) years. Section 36. Insurance. Grantee shall procure and maintain for the duration of the Franchise, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges and authority ranted hereunder to Grantee, its agents, representatives or employees_ Grantee shall provide a copy of such insurance certificate to the City for its inspection prior to the adoption of this Ordinance, and such insurance shall evidence: C;1cpd work fileslfranchiseslspokane water district 3Lspokane water district 3 initial draft.cke 1? 1. Automobile Liability insurance with limits no less than $1,000,000 Combined Single Limit per accident for bodily injury and property damage. Such liability insurance shall only be required from Grantee for vehicles owned or controlled by Grantee. Any contractor hired by Grantee to perform labor in the performance of this franchise shall be required to obtain auto insurance as stated in this subsection; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 Combined Single Limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products /completed operations; broad form property; explosion, collapse and underground (XCU); and Employer's Liability. Any deductibles or self - insured retentions must be declared to and approved by the City. Payment of deductible or self - insured retention shall be the sole responsibility of Grantee. Recognizing the term of this Franchise, the City Council may unilaterally adjust the insurance liability limits to reflect the degree of risk and market conditions. The insurance obtained by Grantee shall name the City, its officers, employees and volunteers as insureds with regard to activities performed by or on behalf of Grantee. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. In addition, the insurance certificate shall contain a clause stating that coverage shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. Grantee's insurance shall be the primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of Grantee's insurance and shall not contribute to it. The insurance certificate required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Any failure to comply with the reporting provisions of the policies required herein shall not affect coverage provided to the City, its officers, officials, employees or volunteers. Section 37. Bond. Before undertaking any of the work, installation, improvements, construction, repair, relocation or maintenance authorized by this Franchise, Grantee, or any parties Grantee contracts with to perform labor in the performance of this franchise, shall, upon the request of the City, furnish a bond executed by Grantee or Grantee's contractors and a corporate surety authorized to operate a surety business in the State of Washington, in such sum as may be set and approved by the City as sufficient to ensure performance of Grantee's obligations under this Franchise. The bond shall be conditioned so that Grantee shall observe all the covenants, terms and conditions and shall faithfully perform all of the obligations of this Franchise, and to repair or replace any defective work or materials discovered in the City's road, streets, or property. C:\cpd work f leslfranchiseslspokane water district 31spokanc water district 3 initial draft_doc 13 Section 38. Modification. The City and Grantee hereby reserve the right to alter, amend or modify the terms and conditions of this Franchise upon written agreement of both parties to such alteration, amendment or modification. Section 39. Compliance With New Regulations. The City reserves for itself the right to change, amend, modify, or amplify this Franchise to conform to any state statute, or Spokane County and/or City regulation, Utility Accommodation Plan, or right of way regulation, State and National Codes, Standards, and Regulations as may hereafter be enacted, adopted or promulgated. If the Grantee fails to comply with its terns and conditions, or if the Grantee fails to comply with such changes, amendments, modifications, and/or amplifications, this Franchise may be terminated at any time upon ninety (90) days' written notice to the Grantee to terminate this Franchise and upon termination the City shall have a lien upon all equipment and materials erected or placed under this Franchise, which lien may be enforced to reimburse the City for any reasonable expenses and payments incurred in terminating this Franchise and to cure defaults by the Grantee. Section 40. Forfeiture and Revocation. If Grantee willfully violates or fails to comply with any of the provisions of this Franchise, or through willful or unreasonable negligence fails to heed or comply with any notice given Grantee by the City under the provisions of this Franchise, then Grantee shall, at the election of the City, forfeit all rights conferred hereunder and this Franchise may be revoked or annulled by the City after a hearing held upon reasonable notice to Grantee. The City may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to obtain an order from the Spokane County Superior Court compelling Grantee to comply with the provisions of this Franchise and to recover damages and costs incurred by the City by reason of Grantee's failure to comply. Section 41. Assignment. This Franchise may not be assigned or transferred without the written approval of the City. For purposes hereof, the grant of any security agreement or security interest in the facilities of the Grantee to secure any financing or refinancing, shall constitute an assignment of this Franchise for which written approval would be required. In the case of the transfer or assigntent as collateral for a mortgage or other security instrument in whole or in part to secure indebtedness, such consent shall not be required unless and until the secured party elects to realize upon the collateral. Grantee shall provide prompt, written notice to the City of any such assignment. Section 42. Costs of Publication. The cost of the preliminary and/or final publication of this Ordinance and/or its Ordinance Summary shall be borne by Grantee. Section 43. Acceptance. Not later than thirty (30) days after passage and publication of this Ordinance, the Grantee must accept the Franchise herein by filing with the City Clerk an unconditional written acceptance thereof. Failure of Grantee to so accept this Franchise within said period of time shall be deemed a rejection thereof by Grantee, and the rights and privileges herein granted shall, after the expiration of the five day period, absolutely cease, unless the time period is extended by ordinance duly passed for that purpose. Section 44. Survival. All of the provisions, conditions and requirements of Sections: C:\cpd work fileslfranchises\spokane water district 3lspokane water district 3 initial draft.doc 14 4, 5, 11, 24, 25, 34 and 48 of this Franchise shall be in addition to any and all other obligations and liabilities Grantee may have to the City at common law, by statute, by ordinance, or by contract, and shall survive termination of this Franchise, and any renewals or extensions hereof. All of the provisions, conditions, regulations and requirements contained in this Franchise shall further be binding upon the heirs, successors, executors, administrators, legal representatives and assigns of Grantee and all privileges, as well as all obligations and liabilities of Grantee shall inure to its heirs. successors and assigns equally as if they were specifically mentioned wherever Grantee is named herein. Section 45. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. In the event that any of the provisions of the Franchise are held to be invalid by a court of competent jurisdiction, the City reserves the right to reconsider the grant of the Franchise and may amend, repeal, add, replace or modify any other provision of the Franchise, or may terminate the Franchise. Section 46. Renewal. Application for extension or renewal of the term of this Franchise shall be made no sooner than one year before expiration thereof. In the event the time period granted by this Franchise expires without being renewed by the City, the terms and conditions hereof shall continue in effect until this Franchise is either renewed or terminated by the City. Section 47. Notice. Any notice or information required or permitted to be given by or to the parties under this Franchise may be sent to the following addresses unless otherwise specified, in writing: The City: T With a Copy to: City of Spokane Valley Attn: City Clerk 11707 E. Sprague Spokane Valley, WA 99206 City of Spokane Valley Public Works Director 11707 E. Sprague Spokane Valley, WA 99206 Grantee: Section 48. Choice of Law. Any litigation between the City and Grantee arising under or regarding this Franchise shall occur, if in the state courts, in the Spokane County Superior Court, and if in the federal courts, in the United States District Court for the Eastern District of Washington. C:lepd work files \franchises \spokane water district 3`spokane water district 3 initial draft,doc 15 Section 49. Non - Waiver. The City shall be vested with the power and authority to reasonably regulate the exercise of the privileges permitted by this Franchise in the public interest. Grantee shall not be relieved of its obligations to comply with any of the provisions of this Franchise by reason of any failure of the City to enforce prompt compliance, nor does the City waive or limit any of its rights under this Franchise by reason of such failure or neglect Section 50. Entire Agreement. This Franchise constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understandings, written or otherwise, shall be binding upon the parties upon execution and acceptance hereof. This Franchise shall also supersede and cancel any previous right or claim of Grantee to occupy the County roads as herein described. Section 51. Effective Date. This Ordinance shall be in full force and effect on the official date of incorporation provided publication of this Ordinance or a summary thereof occurs in the official newspaper of the City of Spokane Valley as provided by law. ATTEST: PASSED by the City Council this day of May, 2003. Interim City Clerk, Ruth Muller Approved as to Form: Effective Date: Interim City Attorney, Stanley M. Schwartz Date of Publication: Mayor, Michael DeVleming C: \cpd work files\franchises\spokane water district 31spokane water district 3 initial draft.doc 16 DQAFT