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HomeMy WebLinkAbout2015, 10-20 Study SessionAGENDA CITY OF SPOKANE VALLEY CITY COUNCIL WORKSHEET STUDY SESSION Tuesday, October 20, 2015 6:00 p.m. CITY HALL COUNCIL CHAMBERS 11707 East Sprague Avenue, First Floor (Please Silence Your Cell Phones During the Meeting) DISCUSSION LEADER SUBJECT/ACTIVITY GOAL CALL TO ORDER ROLL CALL: ACTION ITEM: 1. John Whitehead Collective Bargaining Agreement Motion Consideration [public comment] NON -ACTION ITEMS: 2. Sheree West, Community Library Services Update Discussion/Information Librarian 3. Cary Driskell Washington State Prevailing Wage Discussion/Information 4. Cary Driskell, Erik Lamb Proposed Contracting and Purchasing Discussion/Information Code Amendments 5. Mike Jackson Proposed Legislative Agenda Discussion/Information 6. Mayor Grafos Advance Agenda Discussion/Information 7. Mayor Grafos Council Comments Discussion/Information 8. Mike Jackson City Manager Comments Discussion/Information ADJOURN Note: Unless otherwise noted above, there will be no public comments at Council Study Sessions. However, Council always reserves the right to request information from the public and staff as appropriate. During meetings held by the City of Spokane Valley Council, the Council reserves the right to take "action" on any item listed or subsequently added to the agenda. The term "action" means to deliberate, discuss, review, consider, evaluate, or make a collective positive or negative decision. Study Session Agenda, October 20, 2015 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 20, 2015 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: Approval of the collective bargaining agreement between the City of Spokane Valley and the Washington State Council of County and City Employees; Local 270V, American Federation of State, County and Municipal Employees (AFSCME), for the term of January 1, 2016 — December 31, 2018. GOVERNING LEGISLATION: RCW 41.56 PREVIOUS COUNCIL ACTION TAKEN: None. BACKGROUND: The City of Spokane Valley negotiated the attached collective bargaining agreement with the Washington State Council of County and City Employees, Local 270V, AFSCME Union. It has been agreed upon by the negotiating parties subject to approval by the Council and ratification by the Union members. The Union members voted to ratify the agreement on October 13, 2015. This agreement includes provisions and updates to secure the City's ability to provide effective and timely services to the City, and clarifies the employment relationship between the City and the represented employees. It supports the City values of fiscal responsibility and employee performance. The agreement is effective January 1, 2016 contingent upon approval by the Council. OPTIONS: Ratify the collective bargaining agreement, effective January 1, 2016 or provide additional direction to staff. RECOMMENDED ACTION OR MOTION: Move to ratify the Collective Bargaining Agreement between the City of Spokane Valley and the Washington State Council of County and City Employees; Local 270V, American Federation of State, County and Municipal Employees (AFSCME), for the term of January 1, 2016 — December 31, 2018, and authorize the City Manager to finalize and execute the Agreement. BUDGET/FINANCIAL IMPACTS: This Contract is consistent with the proposed 2016 City Budget. STAFF CONTACT: John Whitehead, HR Manager ATTACHMENTS The Agreement will be distributed to Council prior to the Council meeting CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 20, 2015 Check all that apply: ❑ consent ® old business ❑ information ❑ admin. report AGENDA ITEM TITLE: Library Services Update GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Department Director Approval: ❑ ❑ new business ❑ public hearing ❑ pending legislation ❑ executive session Staff members from the Spokane County Library District will give an overview of the many services offered by the Library District. BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS: Presentation rt,,xS>GKAIJL'_J: DISTR ICI LIBRARY Spokane Valley Library October 20, 2015 Managing Librarian: Aileen Luppert Community Librarians: Diane Brown and Sheree West SCLD - Quick Facts + Library District was established in 1942 + 10 Libraries serve 260,000 county residents + Open 494 hours per week + In 2014 residents • Borrowed 2,681,160 items • Visits 1,370,167 • Attended 2,857 library programs P� D IIBSRARYTRICT D 1 Built 1955 �1 LIBRARY DISTRICT piLIBRARY V DISTRICT 2 3 Internet Station Sessions: • 2014:76,000 • 2015: 6,500 per month Jaz;, t -a Meeting Room Bookings: • 630 year-to-date • Average 70 month • Up 33% since last year INN DISTRICT LIBRARY 8.000 7800 8000 5.000 4.000 3.000 2,000 1.000 0 Service Area Demographics 1 ▪ Power Elite(A) • Flourishing Famihes(B) ▪ Booming with Confidence (C) ❑ Suburban Style (0) ❑Thrrnng Boomers (E) ❑ Promising Families (F) ❑ Young. City Solos (G) MOSAIC Groups 111 ❑ t.hddle-class Melting Pot (H) p Family Union (1) ❑ Autumn Years (J) ❑ Significant Singles (K) • Blue Sky Boomers (L) 0 Families in Motion (M) ❑ Pastoral Pride (N) li • Singles and Starters (0) O Cultural Connections (P) ® Golden Year Guardians (0) ® Aspirational Fusion (R) • Economic Challenges (S) ❑ Unclassified (U) P� LIIBRARY ow DISTRICT 4 Libraries Transforming Communities Grant + Over 70 conversations around the District + 12 Spokane Valley Conversations • Spokane Valley Tech Academy (4 classes) ■ Greater Valley Support Network ■ Spokane Valley Rotary Club • Chamber Ambassadors • Episcopal Church • ECEAP Parents • Open Forums held at Valley (2) • Xi Epsilon Alpha chapter of Beta Sigma Phi LIBRARY DISTRICT Spokane Valley Community Narrative Community Aspirations: + Vibrant economy + Strong relationships + Opportunities for youth + Quality education system + Cultural and recreational opportunities for all ages + Safe and diverse neighborhoods where people know and talk to one another Create a shared vision and collaborative effort to build momentum towards stronger neighborhoods that create a community that welcomes everyone. IL.LIBRARY DISTRICT 5 Two Initiatives - Similar Findings e1'LIBRARIES 4 TRANSFORMING COMMUNITIES + Vibrant economy + Quality education system + Recreational opportunities + Create a shared vision 04FOR me GNI A VER SPOKANE _VAI.LEV Crn•en : , •re Grazier Valley Chamber of + Greater Goods and Cures + Greater Learning + Greater Outdoors + Greater Vision LIBRARY _Ir EAR ILA, 11111 LIBRARY DISTRICT 6 + STARS Training • Sing Into Reading • New Picture Books + Parent Workshop • "Busy Bags" for the Holidays +Winter Play and Learn Drop -In Sessions • Two hour drop by and play, during the winter LIBRARY DISTRICT 7 8 51,1,011 (OUNIY 11111AMY DIS1•1CT 1 +• }Y +ik 1 3C 43# STATIC) ELEVEN 1•+P Pao.. n441k Coming Up + 3-D Printing + Bonds of Love and Remembrance + Pajama Storytime with Local Authors r/ DISTRICT LIBRARY 9 NESS AND WORKFORCE DEVELO•MENT Ip1111 DISTRICT LIBRARY Suoport Local Businesses NTY poKANE C(3° y S IBBAR DISTRI C T Pts LIBRARY DISTRICT 10 Book a Librarian ��LIBRARY �r DISTRICT Workforce Development + Barker School to Life Transition Program (Central Valley School District) Barker students gaining work experience at Food For Thought, Spokane Valley Partners' food bank. Kathy Plonka photo, The Spokesman -Review • 11 students • Four-week class: • Resume Writing • Cover Letters • Job Interview Skills • All students completed with a thumb drive loaded with their resume, cover letter and references. ��LIBRARY rr DISTRICT 11 Internships as Work Experience + Spokane Valley Tech Business and Entrepreneurship Program Project Goals: • Create a business education video • Present one topic clearly, but keep the video under 4 minutes • Feature a local small business to illustrate the topic being covered - $ LIBRARY III DISTRICT Coming Up + Lynda.com +STCU Workshop: ■ Organize Your Finances + Mica Peak High School • Great Stories Club Learn business skills Branding, career development, public speaking, negotiation, Microsoft Office, Google Apps, and more. Sign in to Iynda.com with your library card at scld.org Srora�[ [ouwTr LIBRARY DISTRICT KISLIBRARY DISTRICT 12 1 Community Engagement GREATER SPOKANE VALLEY CHAMBER OF COMMERCE ' Vallefes woRKSource Greater Valley Support Network ,^4a $$$$$$$ 11C14 Welc°, E CELERATE su 00 ESS Thank you! Itli LIBRARY 111. DISTRICT 13 Meeting Date: CITY OF SPOKANE VALLEY Request for Council Action October 20, 2015 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Administrative report — prevailing wages in Washington. GOVERNING LEGISLATION: chapter 39.12 RCW; chapter 296-127 WAC. PREVIOUS COUNCIL ACTION TAKEN: none. BACKGROUND: The Council requested information regarding prevailing wage laws in Washington at its summer budget meeting. Staff has researched this issue, and has drafted a short presentation for the Council. OPTIONS: not applicable. RECOMMENDED ACTION OR MOTION: none. BUDGET/FINANCIAL IMPACTS: not applicable. STAFF CONTACT: Cary Driskell, City Attorney; Matt Dowgin, Legal Intern ATTACHMENTS: PowerPoint presentation on prevailing wage law in Washington. PREVAILING WAGE RULES IN WASHINGTON Cary Driskell City Attorney, City of Spokane Valley Matt Dowgin Legal Intern, City of Spokane Valley October 20, 2015 City of Spokane Valley - Office of the City Attorney i Overview of issues Overview of what prevailing wage is What prevailing wage statutes apply to Method of calculating what the prevailing wage is Recent legislative history in Washington City of Spokane Valley - Office of the City Attorney 2 Overview of prevailing wage "Prevailing wage" is the wage construction and maintenance contractors must pay their employees for projects paid for by public funds. Chapter 39.12 RCW, the Washington State Public Works Act, requires local governments to pay prevailing wages to all workers for all public work and maintenance contracts, regardless of the dollar value of the contract. City of Spokane Valley - Office of the City Attorney Statutory definition The prevailing wage rate is the hourly wage, usual benefits, and overtime paid in the largest city in each county, to the majority of workers, laborers, and mechanics performing the same work. RCW 39.12.010; RCW 39.12.015. City of Spokane Valley - Office of the City Attorney What prevailing wage applies to The Legislature has statutorily defined "public work" for purposes of prevailing wage (but not public bidding) "Public work" means all work, construction, alteration, repair, or improvement other than ordinary maintenance, executed at the cost of the state or of any municipality, or which is by law a lien or charge on any property therein. All public works, including maintenance when performed by contract, shall comply with chapter 39.12 RCW [pertaining to prevailing rate of wage]. RCW 39.04.oio City of Spokane Valley - Office of the City Attorney Method for calculating The Department of Labor and Industries (L&I) is responsible for establishing prevailing wage rates. L&I researches average pay and benefit levels paid to different worker trades/occupations in the largest city of the county where the work is being done. As a result, the prevailing rate of wage is established separately for each county, and reflects local wage conditions. City of Spokane Valley - Office of the City Attorney Method for calculating - continued Trades are generally surveyed every three years to determine the prevailing wage rates. Accordingly, contractors and unions are surveyed to determine the wages and benefits that are being paid for each job classification. This list of trades to be surveyed is established using industrial insurance, Intent and Affidavit filings, and licensing data. City of Spokane Valley - Office of the City Attorney Method for calculating - continued The formula for calculating prevailing wage is as follows: Largest City in County - Majority Wage: If more than one-half of all hours reported in the largest city in a county are worked at one wage rate, then that majority wage rate becomes the prevailing wage for the whole county. Largest City in County - Average Wage: If there is no majority wage rate, then a weighted average wage is computed using data from the largest city in a county. The weight attached to each wage is the total number of hours reported to be worked at that wage. County Average: If no hours are reported in a county's largest city, then a weighted average wage is computed using countywide data. Existing Wage Rate - Remains in Place: If no data is reported for the entire county, then the county's old prevailing wage is retained as the new prevailing wage. City of Spokane Valley - Office of the City Attorney Who gets prevailing wages? The determination of a worker's prevailing rate of wage depends on the nature of work that is performed, regardless of the worker's job title. Promulgated within WAC 296-127 are scope of work definitions and descriptions, such as carpenters, painters, and plumbers. City of Spokane Valley - Office of the City Attorney Who does not get prevailing wage? There are four situations where a wage that is less than the prevailing wage may be paid: Apprentices: Workers for whom an apprenticeship agreement has been registered and approved by the state apprenticeship council are entitled to the prevailing wage rates for an apprentice of that trade. RCW 39.12.021 Vocationally handicapped: Workers whose earning capacity is impaired by phsical r mental efi i ncy or injury may be employed upon public works for reduced wages under special certificates issued by L&I. RCW 39.12.022 Sole Proprietors, Partners, and Owners: Sole business owners who perform the actual work themselves on public works projects are not required to pay themselves the prevailing wage rates. WAC 296-127-026 Public Employees: Workers regularly employed by the state or any political subdivision created by its laws are exempt from the requirements of the prevailing wage law. RCW 39.12.020 City of Spokane Valley - Office of the City Attorney Change in prevailing wage rate? In general, contractors must adhere to the prevailing wage rates in effect on the bid submittal deadline, regardless of how long the project lasts, unless the contract is awarded more than six months after the bids were due. For those contracts where the award was delayed more than six months, the prevailing wage rates in effect on the date of the award shall apply for the duration of the contract. WAC 296-127-011 City of Spokane Valley - Office of the City Attorney Federal prevailing wage The federal government has its own public works prevailing wage requirements, established by the Davis -Bacon Act. On public work projects receiving federal funding, contractors must pay the higher of the state or federal wage rates. WAC 296-127-025 City of Spokane Valley - Office of the City Attorney Recent legislative activity A number of bills were introduced at the state level last year, only one of them was successful. SB 5993: As of 7/14/15, L&I must provide contractors with the option of completing a wage survey electronically. The following were not successful: HB 1231: Establishing the prevailing rate of wage based on collective bargaining agreements or other methods if collective bargaining agreements are not available. HB 1254/ SB 5951: Creating a pilot project to determine the prevailing wage of certain trades. HB 1073, SB 5775: Improving the accuracy of the prevailing rate of wage by using a random sampling methodology. HB 2014: Creates an exemption for certain workers on transportation projects. SB 5707: Exempting cities with a population of ten thousand or less from prevailing wage requirements. SB 5931: Exempting from the prevailing wage laws work performed or funded for projects involved in gang prevention. HB 2015/ SB 5953: Exempting from the prevailing wage laws work performed or funded by nonprofit organizations. City of Spokane Valley - Office of the City Attorney Not successful legislation —cont. HB 1075, SB 5952: Creating an exemption from the intents and affidavits requirements when paying prevailing wages. HB 1456: Limiting prevailing wage requirements to labor performed at the site of work. HB 1455: Permitting local governments to opt out of prevailing wage requirements. SB 5759: Concerning prevailing wages for workers employed in residential construction. HB 1074, SB 5950: Ensuring the accuracy of prevailing wage survey data provided by interested parties. SB 5950 passed out of the Senate Commerce & Labor Committee but did not clear the full Senate. HB 1072, SB 5774: Requiring tracking of prevailing wage surveys. HB 1354, SB 5569: Concerning the employee anti -retaliation act; protections tor employees reporting. City of Spokane Valley - Office of the City Attorney Questions? City of Spokane Valley - Office of the City Attorney i5 Meeting Date: CITY OF SPOKANE VALLEY Request for Council Action October 20, 2015 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Proposed Contracting and Purchasing Code Amendments. GOVERNING LEGISLATION: Numerous chapters of Title 39 RCW, including RCW 39.04, RCW 39.08, RCW 39.12, and RCW 39.80; numerous chapters of Title 3 Spokane Valley Municipal Code (SVMC), including SVMC 3.35, SVMC 3.40, SVMC 3.45, and SVMC 3.50. PREVIOUS COUNCIL ACTION TAKEN: Council adopted comprehensive contracting and purchasing regulations in 2007. City Council heard an initial administrative report on October 6, 2015. BACKGROUND: The City has existing contracting and purchasing provisions which are primarily set forth in chapters 3.35, 3.40, 3.45, and 3.50 Spokane Valley Municipal Code (SVMC). These chapters govern general contracting authority for the City Manager, certain bidding requirements for public work contracts, acquisition and disposition of real property, use of the small works roster, procurement of architectural and engineering services in conjunction with the requirements of state law, and non-public work purchases or contracts for services and public work contracts less than $50,000. The City undertook a review process of its purchasing and contracting regulations and procedures to determine if further efficiencies could be found through revisions, to make the SVMC more user-friendly for purchasing and contracting, and to ensure continued compliance with state and federal requirements. Staff is now presenting the results of the review and discussions of a comprehensive proposal to revise numerous sections of Title 3 SVMC and chapter 2.65 SVMC related to purchasing and contracting. The changes proposed to Title 3 SVMC and chapter 2.65 SVMC were discussed in detail with Council at its October 6 meeting and are included in the RCA from October 6, a copy of which is included as an attachment for Council's reference. Pursuant to the discussion on October 6, Staff has prepared draft ordinances incorporating the proposed changes. Council desired to further discuss the threshold level under which a competitive process is not required and so staff highlighted those amounts in the proposed ordinances. It was originally set at $7,500, but Council discussed raising it to $15,000. The threshold amount is not required by state law and so Council may set what amount it feels is appropriate. As part of the proposed ordinances, the effective date will be set for May 1, 2016. This will give staff sufficient time to train all employees on the new purchasing and contracting requirements in order to ensure compliance once the new regulations, procedures, and policies become effective. Although there are two ordinances being discussed as part of this item, if there is a consensus to move forward to a first reading, the two ordinances will come forward as separate items as they deal with two separate titles of the SVMC. OPTIONS: Discussion; consensus to proceed with first reading for one or both ordinances at a future council meeting; take other action deemed appropriate. Page 1 of 2 RECOMMENDED ACTION OR MOTION: Consensus to proceed with first reading of both ordinances at a future council meeting. BUDGET/FINANCIAL IMPACTS: N/A. STAFF CONTACT: Erik Lamb, Deputy City Attorney; Cary Driskell, City Attorney, Chelsie Taylor, Interim Finance Director, Mark Calhoun, Deputy City Manager ATTACHMENTS: RCA from October 6, 2015 Administrative Report Proposed Ordinance adopting amendments to chapter 2.65 SVMC relating to credit cards and credit accounts; Proposed Ordinance repealing chapters 3.35, 3.40, 3.45, and 3.50 SVMC; amending SVMC 3.30.030; adopting new chapters 3.35, 3.40, 3.41, 3.42, 3.45, 3.46, 3.47, 3.48, and 3.49 SVMC. Page 2 of 2 Meeting Date: October 6, 2015 CITY OF SPOKANE VALLEY Request for Council Action October 6, 2015 Department Director Approval: Check all that apply: ['consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ['executive session AGENDA ITEM TITLE: Proposed Contracting and Purchasing Code Amendments. GOVERNING LEGISLATION: Numerous chapters of Title 39 RCW, including RCW 39.04, RCW 39.08, RCW 39.12, and RCW 39.80; numerous chapters of Title 3 SVMC, including SVMC 3.35, SVMC 3.40, SVMC 3.45, and SVMC 3.50. PREVIOUS COUNCIL ACTION TAKEN: Council adopted comprehensive contracting and purchasing regulations in 2007. BACKGROUND: The City's contracting and purchasing provisions are primarily set forth in chapters 3.35, 3.40, 3.45, and 3.50 Spokane Valley Municipal Code (SVMC). These chapters govern general contracting authority for the City Manager, certain bidding requirements for public work contracts, acquisition and disposition of real property, use of the small works roster, procurement of architectural and engineering services in conjunction with the requirements of state law, and non-public work purchases or contracts for services and public work Tess than $50,000. While the City has local code provisions regarding public bidding for public work contracts, procurement of public work is largely constrained by state law requirements that mandate that all public work over $40,000 for one trade or $65,000 for two or more trades be competitively bid. State law allows public work under $300,000 to be procured through use of the small works roster, if one is established. The City has established a small works roster pursuant to SVMC 3.50 and regularly uses it to procure public work projects under $300,000. The City competitively bids all public work over $300,000. The SVMC mirrors state law with respect to procurement of architectural and engineering professional services. The SVMC currently provides that for all other non-public work contracts and very small public work contracts, no competitive selection process is required. See SVMC 3.40.050(1). Although not required by the SVMC, the City regularly goes through competitive selection processes for such contracts and small public work projects. Neither state law nor the SVMC require any comparison of costs for purchase of goods. The review and revision process, which was also reviewed by the City's Finance Committee, involved extensive input from and discussions with all departments utilizing purchasing, including Public Works, Parks and Recreation, Community and Economic Development, and Finance. Staff also performed considerable research into what other jurisdictions do in order to efficiently contract with outside private parties. Staff are now presenting the results of that review and discussions - a comprehensive proposal to revise numerous sections of Title 3 SVMC related to purchasing and contracting. These changes will render the SVMC more user-friendly and further promote the City's goals of use of contracting and competitive selection processes for contracts and purchases. One of the major changes was to separate and group each type of purchase or contract into its own discreet chapter within the SVMC for quick reference and ease of use. This grouping is clear when looked at by chapter: Page 1 of 3 October 6, 2015 Contracts for Public Work: • SVMC 3.40, 3.41, and 3.42 relate to bidding requirements for public work projects at varying contract dollar thresholds. Contracts for Services: • SVMC 3.45 relates to architectural and engineering services, which have specific requirements under State law. • SVMC 3.46 relates to non -architectural and engineering service contracts, which would include services such as marketing services, outside legal counsel, and solid waste collection service contracts. Purchase of Goods: • SVMC 3.47 and 3.48 relate to purchase of goods and the use of the vendor list and purchase orders for such purchases. Real Property: • SVMC 3.49 relates to the acquisition and disposition of real property. The specifics of each chapter's proposed changes are described in detail below: Chapter 2.65 SVMC: Modify SVMC 2.65 to (1) increase credit limits on credit cards from $5,000 to $10,000, and (2) provide rules governing the use of credit accounts, which are accounts that the City has with certain vendors such as for auto parts. The City has used such accounts since incorporation and the changes require staff to follow the same process for credit accounts as other contracts since they utilize the City's credit. SVMC 2.65 would limit credit accounts to a $10,000 limit. Chapter 3.30 SVMC: Minor changes are proposed to conform the SVMC to current accounting standards. Chapter 3.35 SVMC: The primary proposed change was to move existing generally applicable contracting and purchasing definitions and other generally applicable provisions, such as the City Manager's contracting authority and prohibited practices, into a single consolidated chapter that applies to all contracting and purchasing in chapters 3.35 through 3.49 SVMC. Chapter 3.40 SVMC: This chapter currently contains the majority of contracting and purchasing provisions, including public work contracts over $300,000, non-public work contracts, and acquisition and disposal of real property. In order to limit confusion, this chapter has been reorganized to cover only those provisions regarding the bidding procedures for public work in excess of $300,000, and all other unrelated provisions will be moved to other chapters. We further clarified the requirements for payment and performance bonds as required by state law. Note that the bidding requirements for these large public work projects are specified by state law, and this chapter tracks state law. Chapter 3.41 SVMC: In order to group all public work project -related areas together, the provisions for the use of the small works roster under current chapter SVMC 3.50 were moved to newly created SVMC 3.41. The small works roster may be used for any public work contract under $300,000. Chapter 3.42 SVMC: State law allows local jurisdictions flexibility in setting bidding and procurement policies for public work contracts under $40,000 for one trade and $65,000 for two or more trades (a trade is a particular area such as plumbing, HVAC, or landscaping). To date, the City has had no established policy regarding bidding or procurement of public work contracts under those dollar thresholds. SVMC 3.42 is a new chapter that establishes the City's policy for bidding and procurement of public work contracts under the $40,000/$65,000 limits. Under SVMC 3.42, the City will require staff to obtain three or more bids for public work between $7,500 and the $40,000/$65,000 threshold. Staff are encouraged, but not required to use a competitive process for public work contracts under $7,500. Page 2 of 3 October 6, 2015 Chapter 3.45 SVMC: The procurement of architectural and engineering services ("A/E Services") is governed by state law. Chapter 3.45 SVMC has been updated to clarify that the architectural and engineering consultant roster may be used to select A/E Service consultants for contracts under $100,000 and the RFQ and selection process shall be used for contracts over $100,000. On federally funded projects, the City is required to conduct interviews with the top three qualified consultants and this requirement has been added to chapter 3.45 SVMC. Chapter 3.46 SVMC: State law does not require competitive bidding for contracts for services (other than A/E Services, provided for in chapter 3.45 SVMC above). Thus, the City is granted flexibility in setting policies for selecting service providers such as marketing, outside legal counsel, and solid waste collection services. To date, the City has had no policies or requirements for selecting service providers. Chapter 3.46 SVMC is a new chapter that establishes requirements for using competitive processes such as an RFQ or RFP process to select service providers for contracts over $100,000 or longer than one year, and a less formal process to obtain three proposals for contracts under $100,000 and less than a year. Staff are encouraged but not required to use a competitive process for service contracts under $7,500. Further, contracts for professional services where quality of work is the primary concern such as outside legal counsel and accountants may be negotiated in lieu of using a competitive process. Chapter 3.46 SVMC also establishes a non -architectural and engineering services consultant roster that may be used for contracts under $100,000 or less than one year. Chapter 3.47 SVMC: State law does not require code cities to have a competitive process to purchase goods and so the City may establish its own local policies as it determines necessary. To date, the City has not had a comprehensive policy governing the purchase of goods. Chapter 3.47 SVMC is a new chapter that establishes requirements for purchases of goods. A competitive process shall be used to find the cheapest price for goods over $40,000. Local sales tax revenues received by the City, shipping, and transportation costs may be taken into account when reviewing the quotes. Staff shall obtain three or more quotes for goods between $40,000 and $7,500 and may use the vendor list. Staff are encouraged, but not required to use a competitive process for the purchase of goods under $7,500. Chapter 3.48 SVMC: Chapter 3.48 SVMC is a new chapter that authorizes the City's vendor list. Further, chapter 3.48 SVMC requires that the purchase of any good over $1,000 shall be done so through the use of a purchase order. Purchase orders are not required for assets or consumable goods when required as part of pre -approved projects, for services, or for utility -related payments by the City (e.g., street lights as part of a street project or de- icer as part of the winter snow -plowing). Chapter 3.49 SVMC: Previously, the acquisition and disposition of real property was combined in chapter 3.40 SVMC with public work and non-public work projects. The provisions governing acquisition and disposition of real property have been moved to new chapter 3.49 SVMC with no major substantive changes except for clarifications in the process for disposing of surplus property. OPTIONS: Discussion. RECOMMENDED ACTION OR MOTION: Discussion. BUDGET/FINANCIAL IMPACTS: N/A. STAFF CONTACT: Erik Lamb, Deputy City Attorney; Cary Driskell, City Attorney, Chelsie Taylor, Interim Finance Director, Mark Calhoun, Deputy City Manager ATTACHMENTS: Draft revisions to respective portions of the SVMC. Page 3 of 3 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 15 - AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING CHAPTER 2.65 SPOKANE VALLEY MUNICIPAL CODE RELATING TO ESTABLISHMENT AND USE OF CREDIT ACCOUNTS; AND OTHER MATTERS RELATING THERETO. WHEREAS, Title 39 RCW authorizes a city to adopt policies and procedures within its jurisdiction for contracting and purchasing, including the use of credit accounts; and WHEREAS, the City of Spokane Valley previously adopted provisions to provide for use of credit cards, codified in chapter 2.65 Spokane Valley Municipal Code (SVMC); and WHEREAS, following an extensive analysis and reorganization of all City SVMC and administrative provisions relating to purchasing, and in furtherance and contemplation of substantial revisions to the SVMC relating to purchasing, the City has determined that it is appropriate and necessary to revise the SVMC provisions relating to use of credit cards to include provisions for credit accounts and to increase efficiency for both staff and the public with which the City contracts while utilizing credit cards and credit accounts. NOW THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section 1. Intent. The City of Spokane Valley declares that the intent of this Ordinance is to amend chapter 2.65 SVMC relating to credit cards and credit accounts. Section 2. Amending chapter 2.65 SVMC. Chapter 2.65 SVMC is amended as follows: 2.65.010 Definitions. A. As used in this chapter, the term "credit card" means a card or device issued under an arrangement pursuant to which the issuer (credit card company) gives to the card holder (the City4 the privilege option toe€ obtaining credit from the issuer, usually at the point of sale. B. As used in this chapter, the term "credit account" means an account established with a vendor under an arrangement whereby the vendor extends to the City the option to obtain credit to purchase goods from the vendor prior to payment. C. As used in this chapter, the term "City Manager" means the City Manager or designee. 2.65.020 Issuance, use and control of credit cards. The City adopts the following system for the issuance, use, and control of credit cards by City officials and employees. A. The City Managerfinance director is authorized to obtain City credit cards under the following system, which provides for the distribution, authorization, control, credit limits, and payment of bills through the use of the credit cards by City officials and employees. Ordinance 15-0** Page 1 of 3 DRAFT 1. Issuance and Use. Credit cards may be issued to the City of Spokane Valley and used by City officials and authorized employees for purchasing goods, supplies, and other items from vendors or incurring registration, training, or travel expenses in connection with the performance of their duties on behalf of the City. 2. Authorization and Control. Upon authorization from the eCity Manager manager or designee, City employees may obtain credit cards from the finance directorCity Manager who shall maintain a ledger of the individual receiving the credit card, including the date the card was received. City Ceouncil members may obtain credit cards from the finance directorCity Manager. The finance directorCity Manager shall implement accounting controls to ensure the proper use of credit cards and credit card funds. 3. Credit Limits. The credit limit shall not exceed $5-10,000 per card. 4. Payment of Bills. The finance directorCity Manager shall establish a procedure for the prompt payment of all credit card bills on or before the due date. 5. Unauthorized Charges. No official or employee shall use the City -issued credit card for non -City business purposes. No charge(s) shall exceed amounts established and available in the City budget. 6. Cash Advances. Cash advances on credit cards are prohibited. B. Expenses incident to authorized travel may be charged to a City -issued credit card provided the official or employee returns to the City with credit card receipts in accordance with the City travel policies and procedures. An expense reimbursement form is also requireddesired. If certain credit charges are disallowed as a result of audit or City policy, such charge mustshall be repaid to the City, with the City having the right to withhold funds payable to the official or employee up to the amount of the disallowed charge including interest at the rate charged by the credit card company. C. The Ceity Mfflanager is authorized to revoke the use of any ehargecredit card issued and immediately require the surrender of the credit card. The city Mmanager may deliver a revocation order to the charge card company with the City not being liable for any future costs incurred after the date of revocation. D. _The Ceity Mmanager is authorized to adopt any additional rules or policies necessary to implement these provisions of the ordinance codified in this section. 2.65.030 Establishment, use, and control of credit accounts. The City adopts the following system for the establishment, use, and control of credit accounts by City employees. A. The City Manager is authorized to establish City credit accounts under the following system, which provides for the authorization, control, credit limits, and purchase of goods through the use of the credit accounts by City employees. 1. Establishment and Use. Credit accounts may be established by the City of Spokane Valley and used by City authorized employees for purchasing goods, equipment, and supplies from vendors for City purposes. Ordinance 15-0** Page 2 of 3 DRAFT 2. Authorization, Application, and Control. Upon authorization from the department director, City employees may apply to vendors to establish credit accounts. All applications shall be signed by the City Manager. The City Manager shall implement accounting controls to ensure the proper use of credit accounts. 3. Credit Limits. The credit limit shall not exceed $10,000 per account. 4. Payment of Bills. The City Manager shall establish a procedure for the prompt payment of all credit account bills on or before the due date. All credit account bills shall be paid within the same fiscal year in which the bill was incurred. 5. Unauthorized Charges. No employee shall use a City credit account for non -City business purposes. No charge(s) shall exceed amounts established and available in the City budget. B. The City Manager is authorized to suspend the use of any credit account or to suspend any employee from using credit account(s). C. The City Manager is authorized to adopt any additional rules or policies necessary to implement these provisions. Section 3. Severability. If any part of chapter 2.65 SVMC is declared unenforceable, invalid, or unconstitutional, such unenforceability, invalidity, or unconstitutionality shall not affect the enforceability, validity, or constitutionality of the remainder. Section 4. Effective Date. This Ordinance shall become effective on May 1, 2016, before which the City shall publish the Ordinance, or a summary thereof, in the official newspaper of the City. Adopted this ATTEST: day of ,2015. City of Spokane Valley Dean Grafos, Mayor Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 15-0** Page 3 of 3 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 15 - AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING SPOKANE VALLEY MUNICIPAL CODE (SVMC) 3.30.030 RELATING TO A PETTY CASH; REPEALING CHAPTERS 3.35, 3.40, 3.45, AND 3.50 SVMC; ADOPTING CHAPTER 3.35 SVMC RELATING TO GENERAL CONTRACT AUTHORITY, ADOPTING CHAPTERS 3.40, 3.41, AND 3.42 SVMC RELATING TO CONTRACTING FOR PUBLIC WORK; ADOPTING CHAPTERS 3.45 AND 3.46 SVMC RELATING TO CONTRACTING FOR PROFESSIONAL SERVICES; ADOPTING CHAPTERS 3.47 AND 3.48 SVMC RELATING TO PURCHASE OF GOODS; ADOPTING CHAPTER 3.49 SVMC RELATING TO ACQUISITION/DISPOSITION OF REAL PROPERTY AND DISPOSITION OF PERSONAL PROPERTY; AND OTHER MATTERS RELATING THERETO. WHEREAS, Title 39 RCW authorizes a city to adopt policies and procedures within its jurisdiction for contracting and purchasing; and WHEREAS, the City of Spokane Valley previously adopted provisions in the Spokane Valley Municipal Code (SVMC) to provide for contracting and purchasing on behalf of the City; and WHEREAS, following an extensive analysis and reorganization of all City Code and administrative provisions relating to purchasing, the City has determined that it is appropriate and necessary to revise the SVMC provisions to reflect changes in state law and to increase efficiency for both staff and the public with which the City contracts. NOW THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section 1. Intent. The City of Spokane Valley declares that the intent of this Ordinance is to repeal chapters 3.35, 3.40, 3.45, and 3.50 SVMC in their entirety; to amend SVMC 3.30.030; and adopt new chapters 3.35, 3.40, 3.41, 3.42, 3.45, 3.46, 3.47, 3.48, and 3.49 SVMC. Section 2. Repealing Chapters 3.35, 3.40, 3.45, and 3.50 SVMC. Chapters 3.35, 3.40, 3.45, and 3.50 SVMC are hereby repealed in their entirety. Section 3. Amending SVMC 3.30.030. SVMC 3.30.030 is amended as follows: 3.30.030 General fund petty cash account established. The Ceity Mfaanager or designee is hereby authorized to establish a general fund petty cash account in such amounts as the Ceity Mmanager may from time -to -time, in writing, determine necessary for the efficient handling of the purposes for which the accountfund is established, but not to exceed $1,000. This accoungeftEl is established to facilitate minor authorized disbursements and the making of change. _The accountfund shall be administered by the city manager, finance director or designees of the same, in accordance with adopted administrative policiesrules or policies providing for such lawful administration. Ordinance 15-0** Page 1 of 16 DRAFT Section 4. Adopting chapter 3.35 SVMC. A new chapter 3.35 SVMC is hereby adopted as follows: 3.35.005 Definitions. The terms defined in this section shall apply to SVMC 3.35, 3.40, 3.41, 3.42, 3.45, 3.46, 3.47, 3.48, and 3.49 and shall have the following meanings: "Architectural and engineering services" means professional services rendered by any person, other than an employee of the City, contracting to perform activities within the scope of the general definition of professional practice in Chapter 18.08, 18.43, or 18.96 RCW. "Bid" means an offer submitted by a bidder to furnish services, labor, supplies, materials, goods, equipment, and other property in conformity with the specifications, delivery terms, and conditions, and other requirements included in the invitation for bids or otherwise required by the City. "Bid bond" means a bond or other appropriate bid proposal deposit as approved in advance by the City, the purpose of which is to provide security to the City in the event the successful bidder fails to enter into a contract with the City. "Bidder" means a firm or individual who regularly maintains a place of business, transacts business, solicits business, or maintains an inventory of merchandise for sale in, and whose business is registered with the City and who submits or has submitted a bid to the City. "Bidding" means the procedure used to solicit quotations on price and delivery from prospective suppliers of contractual services, materials, goods, and equipment which can be through either a formal or informal competitive bid process. "Capital equipment" means any equipment of the City having an initial value of $5,000 or more and an estimated useful life of three or more years. "Change orders" and "requests for additional work" mean a request for additional or alternative services, work or procurement where there are changed conditions, a requirement that extra work or service be performed, or such other circumstances that necessitate a modification to the contract, and where such additional or alternative services, work, or procurement is in the best interest of the City. "City Manager" means the City Manager or designee. "City property" means any property or equity interest in real or personal property held or owned by the City. "Consultant" means any person providing professional services to the City who is not an employee of the City. "Contractual services" means services provided by professional and general service contracts to accomplish a particular project or service. "Person" means any individual, organization, group, association, partnership, firm, joint venture, corporation, or any combination thereof. Ordinance 15-0** Page 2 of 16 DRAFT "Public work" has the meaning set forth in RCW 39.04.010, as adopted or may be amended. "Purchase" means the acquisition of supplies, materials, goods or equipment, and other property. "Purchase order" means a written authorization calling on a vendor or supplier to furnish supplies, materials, goods, equipment, and other personal property to the City with a promise for payment to be made later. "Purchasing agent" means a person who purchases supplies, materials, goods, equipment, and other property on behalf of the City. "Requisition" means a standard form providing detailed information as to quantity, description, estimated price, possible vendors, fund account, signature, and other information necessary to make purchasing decisions. "Responsible bidder" means a bidder who meets the requirements set forth in RCW 39.04.350 as adopted or may be amended. Additionally, a bidder shall prove by experience or information furnished to the satisfaction of the City Manager that current financial resources, production or service facilities, service reputation and experience are adequate to make satisfactory delivery of supplies of acceptable quality, equipment, or contractual services and who has not violated or attempted to violate any provision of this Chapter. In addition to price, the City shall take into account the following when determining the responsible bidder: 1. The ability, capacity, and skill of the bidder to perform the contract or provide the service required; 2. The character, integrity, reputation, judgment, experience, and efficiency of the bidder; 3. Whether the contractor can perform the required work within the time specified by the City; 4. Quality of the contractor's performance under previous contracts with the City or other governmental entity; and 5. The previous and existing compliance by the contractor with laws relating to contracts or services with the City. The five supplemental criteria described above shall be included in the documents for all bids so prospective bidders may be aware of such supplemental criteria. The City may include additional supplemental criteria as provided in RCW 39.04.350 for particular projects as is determined necessary. 3.35.010 Contract authority. A. The City Manager is authorized to enter into contracts, contract modifications, or change orders without City Council approval when the aggregate amount of the contract and all existing contract amendments or change orders does not exceed $200,000, except pursuant to SVMC 3.35.010(C). B. Any contract, contract amendment, and/or change order in excess of the City Manager's authority shall require prior approval of the City Council. C. On contracts for which prior City Council approval is required and received, the City Manager shall have authority to execute any amendments or change orders which, when aggregated, are less than 15 percent of the original contract amount, or up to $200,000, whichever is less. Ordinance 15-0** Page 3 of 16 DRAFT D. The City Council Finance Committee is authorized to approve change orders on short notice that are in excess of the amounts authorized in SVMC 3.35.010(C), in circumstances where such a change order is necessary to avoid a substantial risk of harm to the City. In such an event, the City Manager shall provide appropriate information to the City Council at its next regular meeting setting forth the factual basis for the action. E. Change orders shall only be approved if they are for additional or alternative services, work or procurements that are within the scope of purpose and intent of the original bid and contract. 3.35.020 Rules and policy. The City Manager may develop rules, policies, and procedures to implement this Chapter. 3.35.030 Administration. Under the direction of the City Manager, the contracting and purchasing procedures shall be administered pursuant to chapters 3.35 through 3.49 SVMC and other applicable laws, including all applicable state and federal laws. The City Manager shall have the responsibility to: A. Administer and maintain the contracting process and the purchasing system according to the rules and regulations established or authorized by applicable ordinances and statutes. B. Coordinate the negotiation, purchase, and disposition of all City supplies, materials, and equipment in consultation with City staff. C. Seek to obtain a competitive price on all City contracts or purchases by bidding, submitting requests for proposals and qualifications, using a Small Works Roster, Consultant Roster, and Vendor List, or negotiating on such contracts or purchases as appropriate, unless otherwise specifically excluded in chapters 3.35 through 3.49 SVMC. D. Prescribe and maintain such administrative policies, procedures, and forms as are reasonably necessary to implement chapters 3.35 through 3.49 SVMC. E. Coordinate the inspection of all City -purchased equipment to ensure conformance with specifications. F. Ensure that the Small Works Roster(s), Consultant Roster(s), Vendors List(s), and other records needed for the efficient operation of the purchasing system are maintained. G. Maintain the property inventory and fixed asset systems of the City. H. Determine the need for any routine preventive maintenance contracts on various pieces of equipment, and to establish and maintain said maintenance contracts. I. Periodically prepare a comprehensive list of surplus, worn out, or obsolete City -owned equipment. Items which cannot be used or reassigned to another department shall be recommended for disposal pursuant to SVMC 3.49.020. 3.35.040 Prohibited practices. Ordinance 15-0** Page 4 of 16 DRAFT The following types of purchasing and bidding practices are hereby prohibited and may result in disqualification of the bid, proposal, or procurement quote: A. Collusion Among Bidders. Any agreement or collusion among bidders, prospective bidders, vendors or prospective vendors to either buy or sell or fix prices in restraint of free competition. Such bidders or vendors may be subject to exclusion from future bidding or procurement processes with the City when determined by the City Manager to be in the best interests of the City. B. Disclosure of Formal Bid Contents. Any disclosure of information contained in the sealed bid prior to bid opening. Notwithstanding anything herein to the contrary, all bids submitted by bidders taking advantage of any information revealed contrary to SVMC 3.35.040 shall become null and void. C. Gratuities. In accordance with high standards of behavior, the acceptance of any gift or gratuity in the form of cash, merchandise, or any other thing of value by an official or employee of the City from any bidder, vendor or contractor, or prospective bidder, vendor, or contractor. D. Employee -Owned Businesses. Obtaining City goods or services from businesses in which City officials, employees, or their immediate family members have a majority ownership interest or otherwise exceed the "interests" pursuant to chapter 42.23 RCW. E. Sale of Materials and Supplies. The City acquiring goods or services for any private party, or selling its materials or supplies to City officials, employees or the public except when such materials have been declared surplus and disposed of pursuant to chapter 3.49 SVMC. Section 5. Adopting chapter 3.40 SVMC. A new chapter 3.40 SVMC is hereby adopted as follows: 3.40.010 Competitive bidding — Public work in excess of $300,000. For public work contracts in excess of $300,000, the following competitive bid process shall be used. When using federal funds, the City shall also comply with all mandatory federal requirements. A. Publication of Notice. Sealed bids shall be invited by a single publication in a newspaper of general circulation at least 13 days before the date and time set for receiving such bids, and shall include an estimate of the probable cost, together with a description of the work, and shall state that plans/specifications may be obtained from the City, and include the manner, place, date, and time for submitting a bid to the City. The City Clerk shall also post notice of the request in a public place. B. Rejection of Bids. The City Manager may reject, without cause, any and all bids and may re - advertise for bids pursuant to the procedures herein described. If no bids are received on the first call or any subsequent re -advertisement, the City Manager may negotiate a contract with a contractor at the lowest cost possible to the City. C. Performance and Payment Bonds. Before entering into a contract for any public work or work by contract on which prevailing wage is required to be paid, regardless of the amount of such contract except as provided below, a performance bond and a payment bond shall be required in such amounts as are reasonably necessary to protect the best interests of the City and to ensure complete, proper and full performance of the contract and full payment of all laborers, Ordinance 15-0** Page 5 of 16 DRAFT mechanics, and subcontractors and material suppliers. A performance bond and a payment bond shall be required on all public work projects pursuant to RCW 39.08.010 through 39.08.030, as adopted or amended. Performance and payment bonds shall be released upon completion of all necessary performance and payment conditions. For public works and works by contract on which prevailing wage is required to be paid under $35,000, solely at the contractor's option, the City may, in lieu of requiring payment and performance bonds, retain 50% of the contract amount until the later of 30 days after final acceptance or until receipt of all necessary releases from the Washington State Department of Revenue, the Employment Security Department, and the Washington State Department of Labor and Industries and settlement of any labor, material, or tax liens filed pursuant to chapter 60.28 RCW. Retainage in lieu of payment and performance bonds shall only be used for contracts where the requirement of bonds substantially increases the cost of the contract. D. Bid Bonds. As a condition of bidding, a bid bond in the amount of five percent of the bid amount shall be required. Such bid bond shall be required on all formally bid public work construction projects, and shall be due at such time as the bid is submitted to the City. When the contract is let, all bid bonds shall be returned to the bidders except that of the successful bidder, which shall be retained until a contract is entered into and a bond to perform the work furnished as provided above. If the successful bidder fails to enter into the contract in accordance with the bid within 10 days from the date at which the bidder is notified of bid award, the bid bond shall be forfeited. E. Award of Bid. Except as otherwise provided herein, the City will accept the bid of the lowest responsible bidder. F. Award to Other Than Low Bidder. When the bid award is not given to the lowest responsible bidder, a full and complete statement of the reasons shall be prepared by the City Manager and placed in the City file relating to the transaction. 3.40.020 Exemptions to competitive bidding requirements. The following types of purchases are exempt from competitive bidding requirements. The factual basis for any purchase deemed exempt pursuant to SVMC 3.40.020(A) -(C) shall be filed with the contract with the City Clerk and shall be open to public inspection. A. Sole Source or Equipment Repair. Purchases which by their nature are not adapted to competitive bidding, such as purchases which are clearly and legitimately limited to a single source, and contracts to repair equipment owned by the City which may be more efficiently accomplished by a certain person or firm with previous experience on the equipment. B. Special Facilities or Market Conditions. Purchases involving special facilities or market conditions that generally relate to acquisition of unique facilities that may be specially manufactured or not otherwise generally available. Special market conditions may require immediate acquisition based upon a favorable offer, including, but not limited to, liquidation sales, public or private party offers, and similar circumstances where the acquisition can be obtained at below-market value. C. Emergency Public Work Projects. In the event that an emergency should arise which requires immediate action on the part of the City to protect the health, safety, or welfare of the citizens of the City and where it is not possible to timely adhere to the bidding practices set forth above, the Ordinance 15-0** Page 6 of 16 DRAFT person authorized by state law or otherwise designated by the City Council to act in the event of an emergency may declare an emergency situation exists, waive competitive bidding requirements, and award all necessary contracts to address the emergency situation. If a contract is awarded pursuant to this subsection without bidding due to an emergency, a written finding of the existence of an emergency shall be made by the governing body or its designee and duly entered of record no later than two weeks following the award of the contract. For purposes of this subsection, an emergency means unforeseen circumstances beyond the control of the City that either: (1) present a real immediate threat to the proper performance of essential functions; or (2) will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken. D. Auction. The purchase of supplies, materials, or equipment not exceeding a cost of $200,000 through auctions conducted by the government of the United States or any agency thereof, any agency of the state of Washington, any municipality or other government agency, or any private party, may be authorized by the City Manager if the item may be obtained at a competitive cost. E. Exchanges. By mutual agreement, the City may exchange supplies, materials, services, or equipment with other public agencies. Section 6. Adopting chapter 3.41 SVMC. A new chapter 3.41 SVMC is hereby adopted as follows: 3.41.010 Small Works Roster. The City Clerk shall maintain one or more Small Works Rosters comprised of contractors who (1) have requested to be on the roster, and (2) are properly licensed or registered to perform contracting work in the state of Washington. A Small Works Roster may be used in lieu of formal sealed competitive bid procedures to award contracts for public work where the estimated cost of the Work is $300,000 or less. Small Works Rosters shall be maintained pursuant to the laws of the state of Washington as now enacted or hereafter amended. 3.41.020 Creation of separate Small Works Rosters. The City may elect to establish Small Works Rosters for different specialties or categories of anticipated work with such rosters making distinctions between contractors based upon such specialties or work. 3.41.030 Maintenance of Small Works Roster. Small Works Rosters shall be maintained as follows: A. At least once per year, the City Clerk shall publish in a newspaper of general circulation a notice of the existence of the Small Works Roster(s) and soliciting the names of contractors for such Small Works Roster(s). The City Clerk shall place on each Small Works Roster the names of qualified contractors who respond to the published notice requesting to be included on each Small Works Roster. Thereafter, the City Clerk shall add to each Small Works Roster the names of contractors who submit a written request and appropriate records. B. In order to be included on a Small Works Roster, the contractor shall supply information on a contractor qualification form developed by the City. The contractor qualification form shall Ordinance 15-0** Page 7 of 16 DRAFT include, at a minimum, the name, address, e-mail address and phone number of the contractor, the contractor's Washington registration number, the contractor's insurance company, the contractor's bonding company, and the contractor's area or areas of work. 3.41.040 Use of Small Works Rosters. A. The City may utilize a Small Works Roster when seeking to construct any public work or improvement with an estimated cost including labor, material, supplies, and equipment, of $300,000 or less. B. Procedures shall be established for securing quotations from contractors on the appropriate Small Works Roster to ensure that a competitive price is established and to award contracts to the lowest responsible bidder, as provided in SVMC 3.41.040(C). Invitations for bids shall include the scope and nature of the work to be performed as well as materials and equipment to be furnished. Detailed plans and specifications need not be included in the invitation. Quotations shall be invited from all appropriate contractors on the appropriate Small Works Roster. C. When awarding a contract for work from a Small Works Roster, the City shall award the contract to the lowest responsible bidder. However, the City reserves the right under applicable law to reject any or all bids and to waive procedural irregularities in the bid or bidding process. D. The City may receive bids in writing, which may be submitted electronically. The time and date of receipt shall be recorded to ensure all bids are presented in a timely fashion for review and consideration. After expiration of the time and date for submission of all bids or quotations, the City shall review the bids submitted and either offer a contract to perform the public work or reject all bids. E. The City shall post on the City's website a list of the contracts awarded pursuant to chapter 3.41 SVMC at least once every year. The list shall contain the name of the contractor or vendor awarded the contract, the amount of the contract, a brief description of the type of work performed or items purchased under the contract and the date it was awarded. The list shall also state the location where the bid quotations for these contracts are available for public inspection. F. A contract awarded from a Small Works Roster under this Chapter need not be advertised in a legal newspaper of general circulation. Immediately after an award is made, the bid quotations shall be recorded, open to public inspection, and available by telephone inquiry. G. Performance and Payment Bonds. Before entering into a contract for any public work or work by contract on which prevailing wage is required to be paid, regardless of the amount of such contract except as provided below, a performance bond and a payment bond shall be required in such amounts as are reasonably necessary to protect the best interests of the City and to ensure complete, proper and full performance of the contract and full payment of all laborers, mechanics, and subcontractors and material suppliers. A performance bond and a payment bond shall be required on all public work projects, as provided for and in the manner set forth in RCW 39.08.010 through 39.08.030, as adopted or amended. Performance and payment bonds shall be released upon completion of all necessary performance and payment conditions. For public works and works by contract on which prevailing wage is required to be paid under $35,000, solely at the contractor's option, the City may, in lieu of requiring payment and performance bonds, retain 50% of the contract amount until the later of 30 days after final acceptance or until receipt of all necessary releases from the Washington State Department of Ordinance 15-0** Page 8 of 16 DRAFT Revenue, the Employment Security Department, and the Washington State Department of Labor and Industries and settlement of any labor, material, or tax liens filed pursuant to chapter 60.28 RCW. Retainage in lieu of payment and performance bonds shall only be used for contracts where the requirement of bonds substantially increases the cost of the contract. Section 7. Adopting chapter 3.42 SVMC. A new chapter 3.42 SVMC is hereby adopted as follows: SVMC 3.42.010 Public work equal to or less than $40,000 for one trade and $65,000 for two or more trades and treater than $7,500/15,000. When entering into a contract for public work equal to or less than $40,000 if only one trade or craft is involved, or $65,000 if two or more trades are involved, but greater than $7,500/15,000, the responsible department shall obtain three or more proposals for the public work required, select the lowest responsible proposal, and maintain a record of the process followed. Alternatively, the department may utilize the Small Works Roster and process pursuant to chapter 3.41 SVMC. If less than three proposals are received, City staff shall not be required to resubmit for additional proposals, but shall select from the proposals submitted. If no proposals are received, City staff shall not be required to resubmit for additional proposals, but may negotiate with any available contractor. SVMC 3.42.020 Public work equal to or less than $7,500/15,000. When entering into a contract for public work in an amount equal to or less than $7,500/15,000, the responsible department is encouraged, but is not required, to use a competitive bidding process, including obtaining three proposals pursuant to SVMC 3.42.010, or using the Small Works Roster and process pursuant to chapter 3.41 SVMC. If a competitive process is not utilized, the responsible department shall seek to achieve maximum quality at minimum cost by making an award based on its experience and knowledge of the market. SVMC 3.42.030 Exception to selection processes. If a situation should arise which requires immediate action on the part of the City to protect the best interests of the City or the health, safety or welfare of the citizens of the City, and where it is not possible to timely adhere to the procedures set forth in SVMC 3.42.010 and SVMC 3.42.020, the selection procedures set forth in chapter 3.42 SVMC may, with prior approval of the City Manager, be waived by the department director, and the contract may be awarded without following the procedures set forth in SVMC 3.42.010 and 3.42.020. The circumstances giving rise to such waiver shall be documented in writing. SVMC 3.42.040 Performance and payment bonds. Before entering into a contract for any public work or work by contract on which prevailing wage is required to be paid, regardless of the amount of such contract except as provided below, a performance bond and a payment bond shall be required in such amounts as are reasonably necessary to protect the best interests of the City and to ensure complete, proper and full performance of the contract and full payment of all laborers, mechanics, and subcontractors and material suppliers. A performance bond and a payment bond shall be required on all public work projects, pursuant to and in the manner set forth in RCW 39.08.010 through 39.08.030, as adopted or amended. Performance and payment bonds shall be released upon completion of all necessary performance and payment conditions. Ordinance 15-0** Page 9 of 16 DRAFT For public works and works by contract on which prevailing wage is required to be paid under $35,000, solely at the contractor's option, the City may, in lieu of requiring payment and performance bonds, retain 50% of the contract amount until the later of 30 days after final acceptance or until receipt of all necessary releases from the Washington State Department of Revenue, the Employment Security Department, and the Washington State Department of Labor and Industries and settlement of any labor, material, or tax liens filed pursuant to chapter 60.28 RCW. Retainage in lieu of payment and performance bonds shall only be used for contracts where the requirement of bonds substantially increases the cost of the contract. Section 8. Adopting chapter 3.45 SVMC. A new chapter 3.45 SVMC is hereby adopted as follows: 3.45.010 Consultant Roster for Architectural and En2ineerin2 Services. Annually, or in response to specific projects or work as set forth below, the City shall encourage, through notice published in a newspaper of general circulation, architectural and engineering firms to submit a statement of qualifications and performance data which can be used to select firms that provide services to the City. The City Clerk shall maintain the Consultant Roster for Architectural and Engineering Services, to be called the "Consultant Roster for Architectural and Engineering Services" or such other title as may be appropriate, and shall further maintain all statements of qualifications submitted, all of which shall be available for public inspection. The City Manager shall establish procedures for the maintenance and use of the Consultant Roster. 3.45.020 Selection Process — Consultant Roster for Architectural and En2ineerin2 Services for contracts up to $100,000; Request for Qualifications for contracts over $100,000. A. For contracts up to $100,000, the City may use the Consultant Roster for Architectural and Engineering Services, or may use the formal request for qualifications process pursuant to SVMC 3.45.020(B), to select a consultant. B. For contracts over $100,000, the City shall, at least 13 days prior to contracting for architectural or engineering services, publish a notice stating the specific project or scope of work or announce generally the category or type of professional services required. The notice shall contain the name and address of a City representative who can provide information and details on the request for qualifications or request for proposals. 3.45.030 Procurement of architectural and engineering services. A. The City shall utilize the following process for procurement of architectural and engineering services: 1. If the City elects to use the Consultant Roster for Architectural and Engineering Services, the City shall review the current statements of qualifications on file with the City Clerk, and shall conduct discussions with one or more firms regarding anticipated scope of services and the consultant's ability to provide such services. If the City elects to use a combination of consultants from the Consultant Roster for Architectural and Engineering Services and a more formal request for qualifications process, the City shall review both current statements on file and statements submitted in response to the notice for the request for qualifications. Ordinance 15-0** Page 10 of 16 DRAFT 2. If the City elects to use the more formal request for qualifications process, the City shall review statements submitted in response to the notice pursuant to SVMC 3.45.020(B) and shall conduct discussions with one or more firms regarding anticipated scope of services and the consultant's ability to provide such services. 3. The City may conduct interviews with the top three qualified consultants on non - federally funded projects. The City shall conduct interviews with the top three qualified consultants on federally funded projects. B. The City shall select the most highly qualified firm to provide the services based upon the criteria set forth below and in the request. The evaluation criteria include, but are not limited to: 1. The ability of the firm to provide the requested services; 2. The scope of work or methods to furnish the services; 3. Qualifications, experience, and references; 4. Performance under previous contracts with the City; and 5. Such other information as deemed relevant. After identification of the most highly qualified firm, the City shall request a fee proposal from the firm and thereafter proceed to negotiate a contract at a price which is determined by the City to be fair and reasonable. In making this determination, the City shall evaluate the estimated value of the services, the scope, complexity, and nature of the request. If the City is unable to negotiate a fair and reasonable price for services, negotiations shall be terminated and the next most qualified firm shall be selected. C. When the parties have reached a fair and reasonable price, and depending upon the amount of the contract, the City Manager, or when appropriate the City Council, shall review and, if they so choose, authorize the contract. During the negotiation process, the selected firm shall not contact any member of the City Council to discuss the fee for services unless otherwise authorized. The City reserves the right to cancel any request for qualifications or proposals. The request for qualifications or proposals shall not be deemed an offer of contract nor shall any firm be entitled to recover any cost associated with preparing a response. 3.45.040 Emer2encv and limitation. Nothing contained herein shall limit or prevent the City from procuring architectural or engineering services in the event of an emergency. Chapter 3.45 SVMC shall be expressly limited to the professional services identified herein. Section 9. Adopting chapter 3.46 SVMC. A new chapter 3.46 SVMC is hereby adopted as follows: SVMC 3.46.010 Contracts for Services. A. Chapter 3.46 SVMC shall not apply to architectural and engineering services, the procurement of which is governed by SVMC 3.45. Ordinance 15-0** Page 11 of 16 DRAFT B. When entering into a contract for services where the contract is expected to exceed $100,000 or is expected to be effective for more than one year, a competitive selection process shall be used. This process may include a "Request for Qualifications" or "Request for Proposals" process or formal competitive bidding procedures pursuant to SVMC 3.40.010. C. When entering into a contract for services where the contract is not expected to exceed $100,000, is expected to be greater than $7,500/15000, and is not expected to be effective for more than one year, the responsible department shall obtain three or more proposals for the services required, select the lowest responsible proposal, and maintain a record of the process followed. The responsible department may use the Consultant Roster pursuant to SVMC 3.46.020 to obtain proposals. When contracting for services which have historically and traditionally been considered professional services, such as attorneys and accountants, the responsible department may, when determined to be in the best interest of the City, obtain such services by negotiation without obtaining three proposals. D. When entering into a contract for services where the contract is not expected to exceed $7,500/15,000 and is not expected to be effective for more than one year, the responsible department is encouraged, but is not required, to use a competitive selection process, such as obtaining three proposals pursuant to SVMC 3.46.010(C). If a competitive process is not utilized, the responsible department shall seek to achieve maximum quality at minimum cost by making an award based on its experience and knowledge of the market. SVMC 3.46.020 Consultant Roster for Non -Architectural and Engineering Services. Annually, or in response to specific projects or work as set forth above, the City shall encourage, through notice published in a newspaper of general circulation, non -architectural and engineering firms to submit a statement of qualifications which can be used to select firms that provide services to the City. The City Clerk shall maintain the Consultant Roster for Non -Architectural and Engineering Services, to be called the "Consultant Roster for Non -Architectural and Engineering Services" or such other title as may be appropriate, and further shall maintain all statements of qualifications submitted, all of which shall be available for public inspection. The City Manager shall establish procedures for the maintenance and use of the Consultant Roster for Non -Architectural and Engineering Services. SVMC 3.46.030 Exception to selection processes. If a situation should arise which requires immediate action on the part of the City to protect the best interests of the City or the health, safety or welfare of the citizens of the City, and where it is not possible to timely adhere to the procedures set forth in SVMC 3.46.010, the selection procedures set forth in this chapter may, with prior approval of the City Manager, be waived by the department director, and the contract may be awarded without following the procedures set forth in SVMC 3.46.010. The circumstances giving rise to such waiver shall be documented in writing within 14 days. Section 10. Adopting chapter 3.47 SVMC. A new chapter 3.47 SVMC is hereby adopted as follows: SVMC 3.47.010 Purchases of 2oods greater than $40,000. Ordinance 15-0** Page 12 of 16 DRAFT A. When making a purchase of goods, equipment, or supplies in excess of $40,000, the responsible department shall, at least 13 days prior to purchasing such goods, publish a notice of request for bids stating the written specifications of the goods required and desire of the City to purchase such goods. The notice shall contain the written specifications, the date for submitting bids, and name and address of the City representative who can provide information on the request for bids. Upon receipt of the written bids, the City shall select and purchase the goods from the vendor submitting the lowest bid; provided that such bid meets all specifications provided in the notice. When determining the lowest bid, the City may take into account sales tax revenues received by the City, shipping, and transportation costs. All purchases of goods in the amount of $1,000 or more shall comply with SVMC 3.48.030. B. For purposes of SVMC 3.47.010, the threshold limits shall only apply to a single good, piece of equipment, or supply item. SVMC 3.47.020 Purchases of 2oods equal to or less than $40,000 and greater than $7,500/15,000. A. When making a purchase of goods, equipment, or supplies equal to or less than $40,000, but greater than $7,500/15,000, the responsible department shall obtain three or more quotes for the goods, equipment, or supplies required, select and purchase the goods from the vendor submitting the lowest quote, and maintain a record of the process followed. Alternatively, the department may utilize the Vendor List and process set forth in chapter 3.48 SVMC. The department may consider quotes by any vendor with which the City has a vendor account as one of the three required quotes. City staff may take verbal quotes and reduce them to writing. When determining the lowest quote, the City may take into account local sales tax revenues, shipping, and transportation costs. If less than three quotes are received, City staff shall not be required to resubmit for additional quotes, but shall select from the quotes submitted. All purchases of goods in the amount of $1,000 or more shall also comply with SVMC 3.48.030. B. For purposes of this section, the threshold limits shall only apply to a single good, piece of equipment, or supply item. SVMC 3.47.030 Purchases of 2oods equal to or less than $7,500/15,000. When purchasing goods, equipment, or supplies in an amount equal to or less than $7,500/15,000, the responsible department is encouraged, but is not required, to use a competitive selection process, including obtaining three quotes pursuant to SVMC 3.47.020, or using the Vendor List and process set forth in chapter 3.48 SVMC. The responsible department shall contact vendors at least once annually to establish prices on common items that may be purchased in bulk. Such prices may be used when determining the threshold limits for purposes of chapter 3.47 SVMC. A City department may aggregate a group of common items so long as each of such items individually are less than $7,500/15,000. Any individual items greater than $7,500/15,000 shall be bid pursuant to SVMC 3.47.010 or SVMC 3.47.020. If a competitive process is not utilized, the responsible department shall seek to achieve maximum quality at minimum cost by making an award based on its experience and knowledge of the market. All purchases of goods in the amount of $1,000 or more shall also comply with SVMC 3.48.030. SVMC 3.47.040 Exception to purchase processes. Ordinance 15-0** Page 13 of 16 DRAFT If a situation should arise which requires immediate action on the part of the City to protect the best interests of the City or the health, safety or welfare of the citizens of the City, and where it is not possible to timely adhere to the procedures set forth in SVMC 3.47.010 through SVMC 3.47.030, the purchasing procedures set forth in this chapter may, with prior approval of the City Manager, be waived by the department director, and the purchase may be made without following the procedures pursuant to SVMC 3.47.010 through 3.47.030. The circumstances giving rise to such waiver shall be documented in writing within 14 days. Section 11. Adopting chapter 3.48 SVMC. A new chapter 3.48 SVMC is hereby adopted as follows: 3.48.010 Use of Vendor List. A Vendor List is authorized and maintained for the purchase of goods, equipment, and supplies in an amount less than $40,000. The Vendor List shall be maintained by the City Clerk. 3.48.020 Advertising for Vendor List. At least annually, the City shall publish in a newspaper of general circulation a notice of the existence of a Vendor List for purchases of goods, equipment, and supplies and solicit the names of vendors who wish to be added to the list. The City Manager shall establish policies and procedures to ensure that a competitive price is established and for purchasing from the Vendor List. 3.48.030 Purchase orders. Purchase orders shall be used for the purchase of goods, equipment, and supplies with a cumulative cost of $1,000 or more per purchase. The responsible department shall receive prior written approval from the City Manager for the use of a purchase order to purchase goods, equipment, and supply items in an amount greater than $20,000. All purchase orders shall be accompanied by any applicable vendor bid or quote documentation. No purchase order is required for the purchase of assets or consumable goods when required as part of pre -approved projects, for services, or for utility payments by the City. The City Manager shall establish policies and procedures governing the use of purchase orders. Section 12. Adopting chapter 3.49 SVMC. A new chapter 3.49 SVMC is hereby adopted as follows: 3.49.010 Acquisition of real property. The City Manager is authorized to negotiate the purchase of real property, which shall be based upon a fair -market value appraisal of the property. The City shall not pay more than fair -market value for any real property, except as may be approved by the Washington State Department of Transportation on behalf of the City for road construction projects. Final approval of any purchase of real property shall be obtained from City Council prior to purchase; provided City Council may delegate authority for approval and purchase to the City Manager or City staff as may be appropriate. 3.49.020 Disposition of City property. A. Declaring Real and Personal Property Surplus. The decision to declare City property surplus shall rest solely with the City Council. Personal property with a value of less than $10.00 is Ordinance 15-0** Page 14 of 16 DRAFT declared to be of de minimis value and exempt from this provision. Employees of the City shall not be allowed to purchase surplus property from the City. 1. Upon a finding by a department director that the City property is surplus to departmental use, the City Manager shall provide notice of potential disposition to other City departments. If any department director desires to acquire and use the proposed surplus City property, the property may be transferred to the requesting department director, or other authorized representative. 2. If no request for the use of proposed surplus property is received from staff, notice and recommendation of the proposal to declare the City property surplus shall be given to the City Council. The City Council may pass a resolution declaring the City property surplus. 3. The City Council may declare City property surplus upon one or more of the following criteria: a. The City has or anticipates no practical, efficient, or appropriate use for the property. b. The purpose served by the property can be accomplished by use of a better, less costly or more efficient alternative. c. The purpose served by the property no longer exists as determined by a change of policy or practice. d. The property is damaged, inoperable or obsolete and the cost of repairing the same is uneconomical or impractical. B. Sale of Property. Following passage of a resolution declaring City property surplus, City property shall be sold or disposed of in accordance with the following: 1. The City Manager may dispose of surplus personal property by public auction, bid, or other method of sale on terms deemed to be in the best interests of the City. 2. Surplus personal property which is unsellable because of obsolescence, wear and tear, or other reasons may be dismantled, if necessary, and sold as scrap. 3. For surplus real property, the City Manager shall secure a market value appraisal and proceed to sell the same by public auction or through other procedures the City Manager deems to be in the best interests of the City. C. Trade of Real Property. Real property may be traded under the following conditions: 1. If the City Manager determines that the disposal of real property declared surplus under this section could realize greater benefit to the City through consideration other than cash, the City Manager may invite prospective purchasers to tender consideration of cash and/or property. Upon receipt of a bid or offer tendering in-kind consideration, and prior to accepting such bid or offer, the City Manager shall make a report setting forth the benefits of such a transaction. This report shall be made to the City Council at a formal meeting and shall be open to the public. Ordinance 15-0** Page 15 of 16 DRAFT 2. Before accepting any bid or offer containing in-kind consideration, an adequate appraisal shall have been made by a qualified independent appraiser. 3. If the City Council finds that the bid or offer containing the in-kind consideration has more value or benefit to the City than any other bid or offer submitted, the City Manager may accept the bid or offer containing in-kind consideration. D. Lease of Public Property. The City Manager may authorize the lease or sublease of any property, including real property, under such terms and conditions as the City Manager may deem desirable, fair and appropriate, either by use of negotiations or bidding in the best interests of the City. Leases of real property shall not be granted for a period of more than five years, unless otherwise authorized by the City Council. Section 13. Severability. If any part of SVMC 3.30.030, or chapters 3.35, 3.40, 3.41, 3.42, 3.45, 3.46, 3.47, 3.47, 3.48, or 3.49 SVMC is declared unenforceable, invalid, or unconstitutional, such unenforceability, invalidity, or unconstitutionality shall not affect the enforceability, validity, or constitutionality of the remainder. Section 14. Effective Date. This Ordinance shall become effective on May 1, 2016, before which the City shall publish the Ordinance, or a summary thereof, in the official newspaper of the City. Adopted this ATTEST: day of ,2015. City of Spokane Valley Dean Grafos, Mayor Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 15-0** Page 16 of 16 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 20, 2015 Department Director Approval: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: Legislative Agenda 2016 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: At the October 13, 2016 Council meeting, Council discussed possible items to include on the 2016 Legislative Agenda. BACKGROUND: This is an opportunity for Council to discuss potential items for the 2016 Legislative Agenda and to discuss the legislative calendar for 2016. October: • Staff and Council prepare city legislative agenda and policy statements. The legislative agenda shows track changes from the previous legislative agenda. November • Council formally approves the legislative agenda. Early December • Council meets w/ legislative delegation to discuss legislative agenda. o Develop dates early so we can schedule meetings January • Session Begins • AWC Days are: 1/27-1/28. o Schedule meetings with legislators well in advance. OPTIONS: For discussion only RECOMMENDED ACTION OR MOTION: For discussion only BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Mike Jackson ATTACHMENTS: Legislative Agenda 2016 Spokan' e��` _Valley 2016 DRAFT Legislative Agenda Transportation Funding Request — Barker Road/BNSF Grade Separation (overpass/underpass) The City of Spokane Valley supports identifying future funding opportunities for the Barker Road/BNSF Grade Separation project. As the state experiences an increase in rail traffic, this particular intersection will become increasingly congested and dangerous. This project will separate vehicle traffic from train traffic and remove the at -grade rail crossing. The total anticipated cost is $29.2 million The City has secured $5.84 million from the Washington State Freight Mobility Strategic Investment Board and the project has been identified as regionally significant by the Inland Pacific Hub Study. The City is able to contribute $1.294 million. Contribution from BNSF is $346,000 and from the 2009 Earmark is $720,000. The City is seeking $21 million in future funding for the Barker Road/BNSF Grade Separation. Additional benefits include: Improve the Level of Service (LOS) of 'F' at this intersection, allowing for new development in the industrial - zoned portion of the City; improve emergency access; and help to address concerns about coal trains, including impeded traffic flow, increased whistle noise, and train -vehicle conflict safety. Additional Authority to Recoup Code Enforcement Costs The City of Spokane Valley seeks legislation to provide cities with additional tools to recoup costs for enforcing code compliance when a court order has been issued and a city performs the abatement itself or through a contractor. In particular, the city supports establishing first priority lien authority to assist in the cost recovery. The City supports the Association of Washington Cities' legislative agenda items that serve the best interests of Spokane Valley. Policy Statements - 2016 Legislative Session This document is an internal document designed to provide guidance to City staff and the City's lobbyist. The policy statements in this document allow the City to quickly take positions on legislation. It is not all inclusive of all policy positions that the City may take throughout a session. Prevailing Wage — Spokane Valley supports reforming state prevailing wage statutes to the benefit of business, including aligning state statutes with federal law. Recreational Immunity — Spokane Valley supports legislation that extends recreational immunity to trails that serve both a recreational and transportation purpose. State -Shared Revenues — Spokane Valley supports maintaining funding for state -shared revenues. These funds include the Liquor Excise Tax account, Liquor Profit Revenues, Streamlined Sales Tax Mitigation, Municipal Criminal Justice Assistance Account, and City -County Assistance Account. Marijuana Lounges — Spokane Valley supports the statewide ban on marijuana clubs/lounges. The City opposes any legislation removing or altering this ban. To: From: Re: DRAFT ADVANCE AGENDA as of October 15 2015; 9:30 a.m. Please note this is a work in progress; items are tentative Council & Staff City Clerk, by direction of City Manager Draft Schedule for Upcoming Council Meetings October 27, 2015, Formal Meeting Format, 6:00 p.m. 1. PUBLIC HEARING: CDBG Program — Mike Basinger 2. PUBLIC HEARING: Marijuana Moratorium — Erik Lamb 3. Consent Agenda (claims, payroll, minutes) 4. Second Reading Ordinance 15-018 Amending 2015 Budget — Chelsie Taylor 5. Motion Consideration: CDBG Program Project Lists — Mike Basinger 6. Admin Report: Advance Agenda 7. Info Only: Department Monthly Reports November 3, 2015 - Meeting Cancelled [*estimated [due Mon, Oct 19] (15 minutes) (25 minutes) (5 minutes) (10 minutes) (10 minutes) (5 minutes) meeting: 70 minutes] November 10, 2015, Formal Meeting Format, 6:00 p.m. [due Mon, Nov 2] Proclamations: (1) World Pancreatic Cancer Awareness; (2) Veteran's Day 1. Consent Agenda (claims, payroll, minutes) 2. Second Reading Ordinance 15-019 Adopting 2016 Budget — Chelsie Taylor 3. First Reading Proposed Ordinance Adopting Marijuana Findings of Fact — Erik Lamb 4. Motion Consideration: Legislative Agenda — Mike Jackson 5. Admin Report: Lodging Tax Adv.Cmte (LTAC) Recommended Allocations — Mark Calhoun 6. Admin Report: Fee Resolution for 2016 — Chelsie Taylor 7. Admin Report: City Hall Design Update — John Hohman 8. Admin Report: New Website — John Whitehead 9. Admin Report: Advance Agenda November 17, 2015, Study Session Format, 6:00 p.m. ACTION ITEM: 1. Second Reading Proposed Ordinance Adopting Marijuana Findings o 2. SRTMC Interlocal Agreement — Eric Guth, Sean Messner NON -ACTION ITEM: 3. Code Enforcement Update — Luis Garcia 4. Shoreline Adoption Ordinance — Lori Barlow, John Hohman 5. Advance Agenda 6. Info Only: Bike Helmets November 24, 2015 — no meeting (Thanksgiving week) December 1, 2015, Study Session Format, 6:00 p.m. 1. Historic Preservation — Gloria Mantz, Mike Basinger 2. Hauling Uncovered Loads —Cary Driskell 3. Advance Agenda 4. Info Only: Department Reports (normally due for Nov 24 mtg) (5 minutes) (10 minutes) (30 minutes) (10 minutes) (25 minutes) (20 minutes) (20 minutes) (30 minutes) (5 minutes) [*estimated meeting: 155 minutes] [due Mon, Nov 9] f Fact — Erik Lamb (20 minutes) (10 minutes) (20 minutes) (30 minutes) (5 minutes) [*estimated meeting: 85 minutes] [due Mon, Nov 23] (20 minutes) (15 minutes) (5 minutes) [*estimated meeting: 40 minutes] Draft Advance Agenda 10/15/2015 3:27:16 PM Page 1 of 2 December 8, 2015, Formal Meeting Format, 6:00 p.m. [due Mon, Nov 30] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Proposed Fee Resolution for 2106 — Chelsie Taylor (10 minutes) 3. Motion Consideration: LTAC Allocations —Mark Calhoun (20 minutes) 4. Mayoral Appointments- Planning Commissioners — Mayor Grafos (10 minutes) 5. Motion Consideration: Councilmember Gothmann to Participate via Telephone Jan 5 mtg (5 minutes) 6. Admin Report: Advance Agenda (5 minutes) [*estimated meeting: 55 minutes] December 15 2015, Study Session Format, 6:00 p.m. 1. Advance Agenda December 22, 2015 — no meeting December 29, 2015, Study Session Format, 6:00 p.m. 1. Advance Agenda 2. Info Only: Department Reports (normally due for Dec 22 meeting) January 5, 2016, Study Session Format, 6:00 p.m. 1. Council Officer Elections for Mayor and Deputy Mayor — Chris Bainbridge 2. Advance Agenda January 12, 2016, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda January 19, 2016, Study Session Format, 6:00 p.m. 1. Advance Agenda January 26, 2016, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda 3. Info Only: Department Reports *time for public or Council comments not included [due Mon, Dec 7] [due Mon, Dec 21] [due Mon, Dec 28] (15 minutes) (5 minutes) [due Mon, Jan 4] (5 minutes) (5 minutes) [*estimated meeting: minutes] [due Mon, Jan 11] [due Mon, Jan 18] (5 minutes) (5 minutes) [*estimated meeting: minutes] OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Appointments: Lodging Tax (12/08 or 01/12) Appointments: Councilmembers to Various Committees/Boards (12/15 or 01/12) Avista Electrical Franchise (2nd read Ord 15-011) Coal/Oil Train Environmental Impact Statement False Alarm Program Sidewalks and Development Sports Facilities Interlocal Agreement Draft Advance Agenda 10/15/2015 3:27:16 PM Page 2 of 2