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2017, 02-21 Study SessionAGENDA SPOKANE VALLEY CITY COUNCIL STUDY SESSION FORMAT (with some action items) Tuesday, February 21, 2017 CITY HALL COUNCIL CHAMBERS 11707 East Sprague Avenue, First Floor (Please Silence Your Cell Phones During the Meeting) 6:00 p.m. DISCUSSION LEADER SUBJECT/ACTIVITY GOAL CALL TO ORDER ROLL CALL ACTION —ITEM: 1. Street Vacation — Karen Kendall a. Proposed Resolution 17-004 Initiating Street Vacation [public comment] b. Proposed Resolution 17-005 Setting Public Hearing for a Street Vacation Before the Planning Commission [public comment] 2. Motion Consideration: Contract Approval Food Event: Crave! NW - John Hohman [public comment] NON -ACTION ITEMS: 3. John Hohman 4. John Hohman, Gloria Mantz 5. Gloria Mantz, Robert Lochmiller 6. Cary Driskell 7. Cary Driskell, Erik Lamb 8. Chris Bainbridge 9. Mayor Higgins 10. Mayor Higgins 11. Mark Calhoun ADJOURN Bidding History Grade Separation Projects Update Bowdish and 12t11 Avenue Project Sidewalk Snow Removal Update Training: Public Records, Open Public Meetings Act, Appearance of Fairness Training: Parliamentary Procedure Basics Advance Agenda Council Check in City Manager Comments Discussion/Information Discussion/Information Discussion/Information Discussion/Information Discussion/Information Discussion/Information Discussion/Information Discussion/Information Discussion/Information Study Session Agenda, Feb 21, 2017 Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 21, 2017 Department Director Approval: El Check all that apply: ['consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. Report ❑ pending legislation ['executive session AGENDA ITEM TITLE: Resolution 17-004: City initiated street vacation GOVERNING LEGISLATION: Spokane Valley Municipal Code (SVMC) 22.140; RCW 35A.47.020 and RCW 35.79 PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: Resolution 17-004 initiates the street vacation of unimproved right of way of a portion dedicated by the West Farms Irrigated Tracts No. 1 Plat in 1911, to remove physical barriers that may impede future development. The intent is to allow underutilized industrial land to be considered for future development. This request is being initiated as part of the City's Economic Development Program. The rights of ways, as they currently exist, are not needed and limit the usability of the adjacent parcels. Adequate vehicular access will be provided at the time of development. The area of vacation is located northeast of the intersection of Barker Road and Euclid Avenue adjacent to five parcels (55053.0118, 55053.0119, 55053.0113, 55053.0114 and 55053.0115) and one parcel located in Spokane County (55055.9071). OPTIONS: Consider approval of the resolution to initiate the street vacation process. RECOMMENDED ACTION OR MOTION: Approve Resolution 17-004, initiating street vacation of McMillan Street and right-of-way, STV -2017-0002. BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Karen Kendall, Planner ATTACHMENT: 1. Resolution 17-004 2. PowerPoint DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 17-004 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, INITIATING THE CITY OF SPOKANE VALLEY'S RIGHT-OF-WAY VACATION REQUEST STV -2017-0002 PURSUANT TO RCW 35.79.010; AND OTHER MATTERS RELATED THERETO. WHEREAS, McMillan Street right-of-way lying east of Barker Road, north of Union Pacific Railroad and Euclid Avenue, west half of Section 5, Township 25N., Range 45E., W.M. was dedicated to Spokane County through the West Farms Irrigation Tracts Plat No. 1 on January 10, 1911; and WHEREAS, right-of-way lying east of Barker Road, north of Union Pacific Railroad and Euclid Avenue, west half of Section 5, Township 25N., Range 45E., W.M.; and WHEREAS, upon incorporation, the City of Spokane Valley acquired all public right of -way within its municipal boundaries from Spokane County; and WHEREAS, RCW 35.79.010 specifies that the legislative authority may initiate by resolution the vacation of any street or alley or any part when it is in the public interest; and WHEREAS, the City of Spokane Valley City Council finds it is in the public interest to vacate the streets as shown in attachment "A"; and WHEREAS, the Spokane Valley Municipal Code 22.140.020 establishes authority to initiate by resolution the vacation of McMillan Street and Hodges Road; and NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. Initiate the street vacation of McMillan Street and right-of-way File No. STV -2017- 0002 as shown below as attachment "A." Section 2. Effective Date. This Resolution shall be effective upon adoption. Adopted this 21st day of February, 2017. CITY OF SPOKANE VALLEY ATTEST: L.R. Higgins, Mayor Christine Bainbridge, City Clerk Approved as to form: Office of the City Attorney Resolution No. 17-004 Council initiates street vacation STV -2017-0002 Page 1 of 2 Attachment "A" Resolution No. 17-004 Council initiates street vacation STV -2017-0002 Page 2 of 2 Spokane � Valley CA GJ • • • • 0 co) February 21, 2017 �o CN Cd OJ • C4 it • • U PROCESS Study Session 3-9-17 Public Hearing 3-23-17 Findings of Fact 4-13-17 Administrative Report cOrdinance 1st U Reading U Ordinance 2nd Reading Conditions satisfied Staff Review Record Ordinance and Record of Survey Streets vacated Spokane Valley City of Spokane Valley E IL 3 McMillan Street Right-of- way Barker Road Euclid Avenue Z Flunkve iron m+ w.ariita nye fj n ,st E .. est `cep City's boundary z E Grace 4-^• E Buckeye Ln =N Compbell-Rd 2 Skane CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 21, 2017 Department Director Approval: El Check all that apply: ['consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. Report ❑ pending legislation ['executive session AGENDA ITEM TITLE: Resolution 17-005: setting a date for a public hearing before the Planning Commission — Request to vacate 1,975 feet of McMillan Street and 1,657 feet of right- of-way. GOVERNING LEGISLATION: Spokane Valley Municipal Code (SVMC) 22.140; RCW 35A.47.020 and RCW 35.79. PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: The second part of this City -initiated street vacation, is setting the Planning Commission's public hearing, which must be done by Resolution per SVMC 22.140.060G. OPTIONS: Consider approval of the resolution setting the public hearing date on the proposed street vacation. RECOMMENDED ACTION OR MOTION: Move to Approve Resolution 17-005, setting March 23, 2017 as the date for a public hearing before the Planning Commission on street vacation application STV -2017-0002. BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Karen Kendall, Planner ATTACHMENT: 1. Resolution 17-005 2. STV -2017-0002 map DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 17-005 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, SETTING THE PUBLIC HEARING DATE AND TIME FOR THE PLANNING COMMISSION TO CONSIDER STREET VACATION REQUEST STV - 2017 -0002 PURSUANT TO RCW 35.79.010; AND OTHER MATTERS RELATED THERETO. WHEREAS, the City of Spokane Valley has initiated a Street Vacation request (File No. STV - 2017 -0002) for the vacation of 1,975 feet in length of McMillan Street and 1,657 feet in length of right- of-way, located northeast of the intersection of Barker Road and Euclid Avenue adjacent to five parcels (55053.0118, 55053.0119, 55053.0113, 55053.0114 and 55053.0115) and one parcel located in Spokane County (55055.9071); and WHEREAS, RCW 35.79.010 specifies that the legislative authority shall establish by resolution the time when a Street Vacation application shall be considered by the legislative authority or a committee thereof; and WHEREAS, the Spokane Valley Municipal Code 22.140 establishes regulations and procedures for the processing of vacations of public streets (hereafter referred to as "Street Vacation"); and WHEREAS, Spokane Valley Municipal Code 22.140.030 specifies that the Planning Commission shall conduct the public hearing required pursuant to RCW 35.79.010; and shall develop and forward a recommendation for a requested Street Vacation to the City Council. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. Establishment of Public Hearing Date and Time for STV -2017-0002. The required public hearing for Street Vacation Request STV -2017-0002 shall be conducted before the Spokane Valley Planning Commission, March 23, 2017 beginning at 6:00 p.m. in the City Council Chambers at the City Hall of the City of Spokane Valley, 11707 East Sprague Avenue, Suite 101, Spokane Valley, Washington 99206. Section 2. Effective Date. This Resolution shall be in full force and effect upon adoption. Adopted this 21st day of February, 2017. CITY OF SPOKANE VALLEY ATTEST: L.R. Higgins, Mayor Christine Bainbridge, City Clerk Approved as to form: Office of the City Attorney Resolution No. 17-005 Establishment of Public Hearing Date and Time for STV -2017-0001 Page 1 of 1 Attachment 2 STV -2017-0002 map CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 21, 2017 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: City Sponsorship of Potential 2017 Food Event: Crave! NW GOVERNING LEGISLATION: Not Applicable PREVIOUS COUNCIL ACTION TAKEN: December 20, 2016: Motion approved to authorize staff to negotiate contract terms for City sponsorship for up to five years, of an annual food and tasting event with NW Savor [now Crave! NW] for future City Council consideration and approval. February 7, 2017: admin report on City Sponsorship; Council consensus to bring this item to the February 21, 2017 Council Agenda for a motion approval consideration. BACKGROUND: In 2015, the City began a tourism study to develop strategies to increase overnight stays and tourism related spending. The study was conducted by Community Attributes Inc. (CAI) in two phases. In phase I, CAI developed a tourism enhancement strategy and a list of projects through a series of workshops, interviews and surveys with stakeholders and City Council. In Phase II, CAI is analyzing the potential feasibility and return on investment of six projects. One of the projects being studied is the development of new events and festivals to complement ValleyFest and their Cycle Celebration. To gain insight about successful regional events, City staff and CAI contacted several event promoters including Vision Marketing, a company that started and owns the Spokane Golf Show and Spokane Oktoberfest. Through those conversions, the City learned that Vision Marketing is partnering with Adam Hegsted and the Mirabeau Park Hotel to develop a new annual, multi -day food and drink event in the region called Crave! NW. The event is scheduled for June 15-18, 2017 and is expected to be similar to Feast Portland and the South Beach Wine & Food Festival in Miami, Florida. Adam Hegsted is an executive chef, the owner of Le Catering Company (CenterPlace caterer) and five successful restaurants in the region and has received national and international cooking awards. Crave! NW is ambitioned to be a one of a kind event in the region that will showcase renowned chefs from the Pacific Northwest and include different forms of entertainment. When the event becomes established, they estimate that 40 percent of their attendance will be from outside of the area. Vision Marketing and Adam Hegsted are proposing to host Crave! NW at CenterPlace and have asked the City to be the title sponsor. The cost of the sponsorship would be $50,000 per year but a portion of these funds would be returned to the City through the rental fees associated with the CenterPlace facility and grounds. Sponsorship of this event could be considered part of the City's marketing efforts for 2017 and staff has prepared the attached consultant agreement for Council's consideration. The contract specifies that a comprehensive advertising campaign be conducted to generate interest in the event with the desired outcome to promote tourism and hotel stays in the City. City staff believes that the food event has the potential to be very successful and could be an economic development driver in line with the strategies in the comprehensive plan and tourism studies. This would also help fill the community's desire for more events in Spokane Valley that foster a sense of community and identity. On February 7, 2017, the City Council reviewed the proposed contract and indicated a consensus to bring the contract back for approval consideration. OPTIONS: Move to authorize the City Manager to execute a contract as recommended or amended. RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager to finalize and execute the contract to sponsor the Crave! NW event, and authorize staff to use the City logo and/or an economic development logo in conjunction with the marketing services under the contract. BUDGET/FINANCIAL IMPACTS: Cost of sponsorship of $50,000, which could be partially offset by the CenterPlace rental fees. The funds for the first year would come from the already budgeted 2017 Economic Development marketing funds. The City's cost in subsequent years could come from Lodging Tax funds depending on the outcome of future Lodging Tax Advisory Committee meetings. STAFF CONTACT: Mike Basinger, Economic Development Coordinator Erik Lamb, Deputy City Attorney ATTACHMENTS: Exhibit A — Crave NW Food and Drink Event contract AGREEMENT FOR PROFESSIONAL SERVICES Beer Goggles On LLC THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Beer Goggles On LLC, hereinafter "Consultant," jointly referred to as "Parties." IN CONSIDERATION of the terms and conditions contained herein, the Parties agree as follows: 1. Work to Be Performed. Consultant shall provide all labor, services, and material to satisfactorily complete the Scope of Services, attached as Exhibit A. A. Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work, Consultant shall contact the City Manager or designee to review the Scope of Services, schedule, and date of completion. Upon notice from the City Manager or designee, Consultant shall commence work, perform the requested tasks in the Scope of Services, stop work, and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement, Consultant represents it possesses the ability, skill, and resources necessary to perform the work and is familiar with all current laws, rules, and regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for the timely provision of all professional services required to complete the Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City -furnished information. C. Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession, and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant shall accept modifications when ordered in writing by the City Manager or designee, so long as the additional work is within the scope of Consultant's area of practice. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until December 31, 2017. The City may, at its option, enter into up to four annual extensions of this Agreement for the same amount and services as specified herein. When determining to extend this Agreement for Professional Services (with professional liability coverage) Page 1 of 9 Agreement, the City may give consideration to whether services were fully provided, whether all scheduled portions of the Event (as hereinafter defined) occurred, the number of daily visitors to the Event, the dollar value of any earned media, the extent and scope of media created and distributed for the Event, and whether the City or Consultant has received money from the City's tax on the furnishing of lodging pursuant to chapter 3.20 SVMC. The City shall give at least 30 days' written notice of its decision to extend this Agreement. City Council approval shall not be necessary for any annual extension. Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days' prior notice and an opportunity to cure the breach. City may, in addition, terminate this Agreement for any reason by 30 days' written notice to Consultant. In the event of termination without breach, City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. City agrees to pay Consultant $50,000, (which includes Washington State Sales Tax if any is applicable) as full compensation for everything done under this Agreement. City shall not be liable for any additional costs regardless of whether Consultant provides additional services. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below -stated address. City reserves the right to withhold payment under this Agreement for that portion of the work (if any) which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services, City standards, City Code, and federal or state standards. 5. Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: Name: Christine Bainbridge, City Clerk Phone: (509) 921-1000 Address: 11707 East Sprague Ave., Suite 106 Spokane Valley, WA 99206 (After September 1, 2017: 10210 East Sprague Avenue Spokane Valley, WA 99206) TO THE CONSULTANT: Name: Tom Stebbins, Vision Marketing Phone: (509) 621-0125 Address: P.O. Box 85 Newman Lake, WA 99025 6. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with all applicable federal, state, and local laws and regulations. Consultant warrants that its designs, construction documents, and services shall conform to all federal, state, and local statutes and regulations. 7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of Agreement for Professional Services (with professional liability coverage) Page 2 of 9 or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (A)(2) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 8. Relationship of the Parties. It is understood and agreed that Consultant shall be an independent contractor and not the agent or employee of City, that City is interested in only the results to be achieved, and that the right to control the particular manner, method, and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by Consultant under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped, photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports, reproduction quality mylars of maps, and copies in the form of computer files, for the City's use. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, drawings, images, or other material prepared under this Agreement, provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10. Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 11. Insurance. Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: Agreement for Professional Services (with professional liability coverage) Page 3 of 9 1. Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury, and advertising injury. City shall be named as an additional insured under Consultant's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. 4. Professional liability insurance appropriate to Consultant's profession. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than $1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $1,000,000 for each occurrence, and $2,000,000 for general aggregate. 3. Professional liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions for automobile liability, professional liability, and commercial general liability insurance: 1. Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2. Consultant shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Consultant. 3. If Consultant maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Consultant, irrespective of whether such limits maintained by Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Consultant. 4. Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement, upon which the City may, after giving at least five business days' notice to Consultant to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on Agreement for Professional Services (with professional liability coverage) Page 4 of 9 demand, or at the sole discretion of the City, offset against funds due Consultant from the City. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish acceptable insurance certificates to the City Clerk at the time Consultant returns the signed Agreement, which shall be Exhibit B. The certificate shall specify all of the parties who are additional insureds, and shall include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance. 12. Indemnification and Hold Harmless. Consultant shall, at its sole expense, defend, indemnify, and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors, or omissions in the services provided by Consultant, Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. Consultant's duty to defend, indemnify, and hold City harmless shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees pursuant to RCW 4.24.115. Consultant's duty to defend, indemnify, and hold City harmless against liability for damages arising out of such services caused by the concurrent negligence of (a) City or City's agents or employees, and (b) Consultant, Consultant's agents, subcontractors, subconsultants, and employees shall apply only to the extent of the negligence of Consultant, Consultant's agents, subcontractors, subconsultants, and employees. Consultant's duty to defend, indemnify, and hold City harmless shall include, as to all claims, demands, losses, and liability to which it applies, City's personnel -related costs, reasonable attorneys' fees, the reasonable value of any services rendered by the office of the City Attorney, outside consultant costs, court costs, fees for collection, and all other claim -related expenses. Consultant specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that Consultant's waiver of immunity under this provision extends only to claims against Consultant by City, and does not include, or extend to, any claims by Consultant's employees directly against Consultant. Consultant hereby certifies that this indemnification provision was mutually negotiated. 13. Waiver. No officer, employee, agent, or other individual acting on behalf of either Party has the power, right, or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition Agreement for Professional Services (with professional liability coverage) Page 5 of 9 to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 14. Assignment and Delegation. Neither Party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without prior written consent of the other Party. 15. Subcontracts. Except as otherwise provided herein, Consultant shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 16. Confidentiality. Consultant may, from time -to -time, receive information which is deemed by City to be confidential. Consultant shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Consultant agrees that it may, at City's request, be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of, or that are related to Consultant's services under this Agreement. Consultant further agrees that the Arbitrator(s)' decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation (including expert witness fees). 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified, or altered except in writing signed by the Parties hereto. 20. Anti -kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted, or granted a present or future gift, favor, service, or other thing of value from any person with an interest in this Agreement. 21. Business Registration. Consultant shall register with the City as a business prior to commencement of work under this Agreement if it has not already done so. 22. Severability. If any section, sentence, clause, or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause, or phrase of this Agreement. 23. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Services B. Insurance Certificates The Parties have executed this Agreement this _ day of , 20 . Agreement for Professional Services (with professional liability coverage) Page 6 of 9 CITY OF SPOKANE VALLEY Consultant: Mark Calhoun, City Manager By: ATTEST: Christine Bainbridge, City Clerk: APPROVED AS TO FORM: Office of the City Attorney Its: Authorized Representative Agreement for Professional Services (with professional liability coverage) Page 7 of 9 Exhibit A Scope of Services Overview Consultant is hosting and promoting a food and drink event (the "Event") consisting of a variety of tastings, hands-on classes, collaborative dinners, and panels to be held at CenterPlace Regional Event Center and portions of Mirabeau Point Park as approved by the City (collectively "CenterPlace") June 15 through 18, 2017. Consultant intends for the Event to be more than a food and drink event and to be a movement that showcases the energy, creativity, and enthusiasm driving America's food revolution while celebrating the culinary world's most inspiring places: Spokane Valley, Washington, and the Pacific Northwest. The Event offers some of the most compelling experiences and original programming in the modern food festival conversation. Although there are other food events throughout the country, the Event will be one of the few such food events of size and scope in the Pacific Northwest. Consultant intends for the Event to become an annual event that grows in size and scope until it is regionally and even nationally recognized Consultant believes that the Event will draw visitors from around the Pacific Northwest. Consultant believes the Event will therefor result in increased overnight lodging stays within the City and produce positive exposure for the City, with the potential for additional increased tourism and economic development as a result. Since 2017 is the first year of the Event, Consultant does not have any historical values from which to draw, but it estimates that for the first year, there will be 1,500 to 2,000 attendees daily, with 100 overnight lodging stays due to the out -of -area visitors. The City is in the midst of an ongoing economic and tourism development program as evidenced by recent changes to its Comprehensive Plan to focus on economic development and an ongoing tourism study to develop and increase tourism within the City. The City will receive beneficial tourism marketing through the use of its logo and name on advertising for the Event. Consultant Services 1. The Event shall be hosted, run, operated, promoted, and conducted solely by Consultant, and except as otherwise provided herein, City shall have no responsibility for the Event. 2. The Consultant shall create a comprehensive advertising campaign for the Event, which shall include, but not be limited to, radio, print, digital, visual, and social media. The campaign shall be of size and scope as Consultant deems appropriate to attract the largest number of attendees. 3. The full name of the Event shall include "Spokane Valley." An example of a full name would be "Crave NW Spokane Valley." 4. The full Event name shall be included at least once on all paid and earned media for the Event, including all print, digital, visual, social media, and official Event signage. The full Event name shall be referenced at least once in any radio media. For example, if there are flyers, a website, and a Facebook page for the Event, the full Event name shall be included on all of the flyers, on the website, and on the Facebook page. 5. A logo or logos provided by the City shall be included at least once on all paid and earned media for the Event, including print, digital, visual, social media, and official Event signage. The City's name shall be referenced at least once in any radio media. The Consultant shall only use the logo as provided by the City and in conformance with all applicable federal, state, and local laws, rules, and regulations. For Agreement for Professional Services (with professional liability coverage) Page 8 of 9 example, if there are flyers, a website, and a Facebook page for the Event, the City provided logo shall be included on all of the flyers, on the website, and on the Facebook page. Consultant shall provide all media containing the City's name and/or logo to the City for review and approval prior to public distribution. 6. Within 60 days of completion of the Event, Consultant shall provide the City a written summary of the services provided which includes, at a minimum, the dollar value of earned media, the extent of media distribution, the number of attendees, and the actual, calculated or estimated number of attendees from outside of 50 miles of Spokane Valley (or an estimate of the lodging room nights generated by the Event). 7. The use of CenterPlace provides beneficial tourism exposure to the City. Unless otherwise agreed in writing by the Parties, Consultant shall hold the Event at CenterPlace. The cost and usage of CenterPlace shall be set forth in the special event permit and any other necessary rental agreement(s) required for hosting this Event at CenterPlace. 8. The Consultant is encouraged, but not required, to use "CenterPlace Regional Event Center" in its advertising; provided, however, that if Consultant specifically references the venue in advertising the Event, it shall use "CenterPlace Regional Event Center" as part of the description. Agreement for Professional Services (with professional liability coverage) Page 9 of 9 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 21, 2017 Department Director Approval: Check all that apply: ['consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Bidding History GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: During City Council meetings in 2016, the question arose over how many bidders the City receives for the various construction and service contracts that we execute. Staff has compiled three years of bidding history (2014-2016) for the Public Works Department projects, while the Parks and Recreation information dates back to 2004. Additional information can be compiled upon request. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: John Hohman, Deputy City Manager ATTACHMENTS: Excel Spreadsheet — Excel Spreadsheet Excel Spreadsheet Excel Spreadsheet CIP Projects — Stormwater Projects — Street Maintenance Contracts — Parks & Recreation and Police Precinct Bidder Information 2014 Public Works Capital Improvement Projects - Bid Recap # Project/Contract Name Project # Type of Project Dates Advertised Publication(s)* # of Plan # of Bids Date of Notes Holders Submitted Contract 1 Adams Road Resurfacing Project - 4th to Sprague 186 Street Construction 3/21/14 & 3/28/14 SR, VNH 12 4 4/30/14 2 Sprague Avenue Resurfacing - Vista to Herold Road 187 Street Preservation 5/30/14 & 6/6/14 SR, VNH 12 4 7/10/14 3 Appleway Avenue Resurfacing - Thiermen to Park 202 Street Construction 5/9/14 & 5/16/14 SR, VNH 5 4 6/5/14 4 Sullivan Road West Bridge Replacement - Phase 2 (initial bid) 155 Construction 5/16/14 & 5/23/14 SR, VNH, JoB, DJoC 29 2 N/A Cancelled 5 Sullivan Road West Bridge Replacement - Phase 2 (re -bid) 155 Construction 6/27/14 & 7/4/14 SR, VNH, JoB, DJoC 25 4 8/8/14 6 Appleway Landscaping - Phase 1 185 Construction 6/27/14 & 7/4/14 SR, VNH 7 5 7/29/14 7 8th Avenue Reconstruction - McKinnon to Faucher Road 196 Street Preservation 6/6/14 & 6/13/14 SR, VNH 8 4 7/15/14 8 Appleway Trail - Phase 2A (University to Pines) Earthwork 176 Construction 7/25/14 & 8/1/14 SR, VNH 12 6 8/19/14 9 Appleway Trail - Phase 2A (University to Pines) Trail 176 Construction 8/22/14 & 8/29/14 SR, VNH 8 2 9/29/14 10 Argonne Road Corridor Upgrade 60 Street Construction 11/7/14 & 11/14/14 SR 13 2 1/8/15 2015 Public Works Capital Improvement Projects - Bid Recap # Project/Contract Name Project # Type of Project Dates Advertised Publication(s) # of Plan # of Bids Date of Holders Submitted Contract 1 Sullivan Road - Sprague to Mission 188 Street Construction 4/10/2015 SR, VNH 13 3 5/15/15 2 Houk-Sinto-Maxwell Street Preservation 220 Street Preservation 5/8/15 & 5/15/15 SR, VNH 6 3 6/8/15 3 Montgomery Street Preservation - Dartmouth to University 218 Street Preservation 5/22/15 & 5/29/15 SR, VNH 6 2 7/22/15 4 Mansfield Avenue Connection 156 Street Construction 6/5/15 & 6/12/15 SR, VNH 10 5 7/14/15 5 Mullan Road Street Preservation 224 Street Preservation 6/26/2015 & 7/3/15 SR, VNH 7 1 7/24/15 One bidder 6 Sprague- Long CDBG Sidewalk Improvement 206 Street Construction 7/24/15 & 7/31/15 SR, VNH 9 4 8/17/15 7 Citywide Safety - Phase 2 167 Street Construction 7/24/15, 7/31/15 & 8/7/15 SR, VNH 6 2 9/2/15 2016 Public Works Capital Improvement Projects - Bid Recap # Project/Contract Name Project # Type of Project Dates Advertised Publication(s) # of Plan # of Bids Date of Holders Submitted Contract 1 32nd Avenue - Dishman Mica to Pines Road Preservation 229 Street Preservation - Overlay 2/12/16 & 2/16/16 SR, VNH 11 3 3/24/16 2 Fancher Road Bridge 63502 Expansion Joint Repair 236 Street Construction 2/25/16 SR, VNH 10 2 3/23/16 3 City Hall 215 Construction 3/18/16 & 3/25/16 SR, VNH, JoB 19 9 5/19/16 4 Indiana/Evergreen Transit Access Improvements 207 Street Construction 3/18/16 & 3/25/16 SR, VNH 9 3 5/24/16 5 Broadway - Sullivan to Moore Preservation 233 Street Preservation - Overlay 5/6/16 & 5/13/16 SR, VNH 2 2 6/23/16 6 McDonald Road Diet - 16th to Mission 221 Street Construction 5/27/16 & 6/3/16 SR, VNH 9 2 7/7/16 7 Seth Woodward Elementary Sidewalk Improvements - Mission & Park 234 Street Construction 6/10/16 & 6/17/16 SR, VNH 6 3 7/14/16 8 Pines Road/Mirabeau Parkway Traffic Signal 238 Street Construction 6/24/16 & 7/1/16 SR, VNH 5 2 7/22/16 9 ITS Infill - Phase 1 201 Construction 7/29/16 & 8/5/16 SR, VNH 3 2 N/A Cancelled 10 Appleway Blvd. (Park to Dishman Mica) 226 Street Construction 8/5/16 & 8/12/16 5R, VNH 4 2 9/1/16 11 Appleway Shared Use Path - Pines to Evergreen 227 Construction 11/11/16 & 11/18/16 SR, VNH, Ex 27 4 N/A *Publications: SR - Spokesman Review VNH - Valley News Herold Ex - The Exchange JoB -Journal of Business D1oC - Daily Journal of Commerce 2014 Public Works Stormwater Projects - Bid Recap # Project/Contract Name Project # Type of Project Dates Advertised Publication(s)* # of Plan # of Bids Date of Notes Holders Submitted Contract 1 Spokane Valley Regional Decant Facility - Phase 2 (initial bid 2013) 173 Capital 8/16/2013 & 8/23/13 SR, VNH 9 3 N/A cancelled 2 Spokane Valley Regional Decant Facility- Phase 2 (re -hid 2014) 173 Capital 12/27/13 & 1/4/14 SR, VNH 18 3 3/14/14 3 SE Yardley Retrofits 192 Capital 8/1/14 & 8/8/14 SR, VNH 13 4 8/28/14 4 Package 1 N/A Small Works 7/3/2014 SR, VNH 10 3 7/22/14 5 Package 2 N/A Small Works 8/29/2014 SR, VNH 6 1 9/22/14 2015 Public Works Stormwater Projects - Bid Recap # Project/Contract Name Project # Type of Project Dates Advertised Publication(s) # of Plan # of Bids Date of Holders Submitted Contract 1 Broadway - Havana to Fancher 197 Capital 4/10/15 & 4/17/15 SR, VNH 8 6 5/19/15 2 Package 1 N/A Small Works 8/26/15 Email 7 1 10/6/15 2016 Public Works Stormwater Projects - Bid Recap # Project/Contract Name Protect # Type of Project Dates Advertised Publication(s) # of Plan # of Bids Date of Holders Submitted Contract 1 Package 1 (initial bid) N/A Small Works 5/20/16 Email 9 1 N/A 2 Package 1 (re -bid) N/A Small Works 6/13/16 & 6/27/16 Email 9 3 9/13/16 *Publications: SR - Spokesman Review VNH - Valley News Herold 2014 Public Works Service Contracts - Bid Recap # Project/Contract Name Project # Type of Project Dates Advertised Publication(s)* # of Plan # of Bids Date of Notes Holders Submitted Contract 1 Street and Stormwater Maintenance and Repair Services 14-048 Public Work 8/29/2014 & 9/5/2014 SR, VNH 13 4 12/19/2014 2015 Public Works Service Contracts - Bid Recap # Project/Contract Name Project # Type of Project Dates Advertised Publication(s) # of Plan # of Bids Date of Holders Submitted Contract 1 Street Sweeping Services 14-059 Service 12/26/14 & 01/02/15 SR, VNH 3+ 1 2/18/15 2 Roadway Landscaping Services 15-024 Service 2/13/2015 & 2/20/2015 SR, VNH 9 6 3/16/15 2 Roadway Weed Control Services 15-032 Service 3/20/2015 & 3/27/2015 SR, VNH 4+ 3 4/23/15 2016 Public Works Service Contracts - Bid Recap # Protect/Contract Name Project # Type of Project Dates Advertised Publication(s) # of Plan # of Bids Date of Holders Submitted Contract 1 N/A *Publications: SR - Spokesman Review VNH - Valley News Herold PARKS & RECREATION AND POLICE PRECINCT BIDDER INFORMATION CONTRACT 1310 DATE NUMBER OF PLAN HOLDERS 8 BIDDERS BID AWARDED TO CONTRACT # CONTRACT DATE Police Precinct Old Jail Remodel 10/31/16 0 0 Negotiated w/Dardan Enterprises, Inc. 16-173 12/05/16 Park Maintenance 10/21/16 4 1 Senske Lawn & Tree Care 16-174 12/22/16 CenterPlace Catering Contract 10/07/16 4 3 Eat Good Group LLC DBA Le Catering Co. 16-041 02/18/16 Browns Park Championship Sand Volleyball Court and Splash Pad 04/22/16 7 2 Clearwater Summit Group 16-085 06/13/16 Valley Mission Dog Park Phase 2 04/13/16 5 2 A.M. Landshaper, Inc. 16-052 04/18/16 Police Precinct Janitorial 02/26/16 Small Works Roster (4 dozen) 1 Argus Janitorial 16-070 04/15/16 CenterPlace Roof Repair Specialty repair for tile roof. Consultant recommended only 2 contractors capable. Barton Roofing completed 1 repair in 2015; not interested in other work. ICON Corp finished the job in 2015. Barton Roofing 15-071 07/15/15 CenterPlace Roof Repair ICON Corporation 16-112 07/12/16 Discovery Playground Shade Structure 11/23/15 4 2 A.M. Landshaper, Inc. 15-136 12/03/15 Valley Mission Dog Park Phase 1 10/02/15 7 2 Clearwater Summit Group 15-108 10/16/15 Old Mission Trailhead Improvement 09/04/15 4 2 A.M. Landshaper, Inc. 15-105 09/24/15 CenterPlace Lounge Flooring Replacement 08/28/15 3 1 Ibex Flooring LLC 15-077 09/18/14 Browns Park Volleyball Courts Construction Phase 2 03/13/15 1 1 Stone Creek Land Design & Development LLC 15-041 03/25/15 Browns Park Volleyball Courts Construction Phase 1 02/27/15 6 4 Stone Creek Land Design & Development LLC 15-035 05/12/15 Edgecliff Park Shelter 02/06/15 9 3 Clearwater Summit Group 15-029 02/18/15 Police Precinct Exterior Painting Project 09/17/14 Small Works Roster (4 dozen) 1 River City Painting of Spokane, Inc. 15-023 11/28/14 Police Precinct B.A.C. Wall & Door Project 09/05/14 Small Works Roster (4 dozen) 2 Virg's Construction 14-166 09/23/14 Edgecliff Park Sanitary Sewer 07/30/14 6 2 Bowen Brothers Construction 14-145 08/25/14 Discovery Playground Renovations 06/27/14 4 1 Clearwater Summit Group 14-111 07/10/14 Police Precinct Electrical Project 04/21/14 6 2 Power City Electric Contractors 14-065 05/13/14 CenterPlace Janitorial 03/22/13 Small Works Roster (4 dozen) 2 ISS Facility Services 13-074 05/01/13 Police Precinct Janitorial 12/20/12 Small Works Roster (4 dozen) 2 Argus Janitorial 13-027 02/19/13 Terrace View Shelter & Play Equipment 06/01/11 4 3 A.M. Landshaper, Inc. 11-087 07/11/11 Greenacres Park Construction 03/17/11 35 5 Bouton Construction Co. 11-057 05/11/11 Park Maintenance 10/16/09 5 3 Senske Lawn & Tree Care 19-222 12/28/09 Discovery Playground Construction 06/09/09 25 3 Ginno Construction 09-114 07/17/09 Valley Mission Picnic Shelter & Playground 03/13/09 16 8 Skyline Construction 09-032 04/02/09 CenterPlace Catering Contract 10/31/08 13 10 Beacon Hill 09-028 03/02/09 CenterPlace Janitorial 01/04/08 # Unavailable. 16 contractors at pre-proposal meeting tho. ISS Facility Services 08-028 03/06/08 Park Maintenance 10/01/04 # Unavailable. 22 were notified. 4 Senske Lawn & Tree Care 04-059 12/30/04 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 21, 2017 Check all that apply: ['consent ❑ old business ['information ® admin. report Department Director Approval: ❑ ['new business ['public hearing ['pending legislation ['executive session AGENDA ITEM TITLE: Update on Grade Separation Projects GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: June 23, 2015 Adopted the 2016-2021 Six Year Transportation Improvement Program (TIP), which included both the Barker Road and the Pines Road Grade Separation Projects (GSP); Admin Report on April 5, 2016 on use of federal earmark funds for final design of the Barker Road GSP; Info RCA on the status of the Barker GSP, November 8, 2016; Administrative Report on the Barker GSP status, November 15, 2016; Info RCA, November 22, 2016; Admin Report, December 6, 2016; Admin Report, December 20, 2016. Motion Consideration to award contract, January 10, 2017. BACKGROUND: Barker Road/BNSF Grade Separation Proiect (Barker Road GSP) #0143 Spokane Regional Transportation Council (SRTC) has committed about $720K of federal earmark funds to the project. We also have secured a grant from the Washington State Freight Mobility Strategic Investment Board (FMSIB) for 20 percent of the total project cost up to a maximum of $10M. The FMSIB funds can be used only for the construction phase of the project. We have submitted an application to USDOT for FASTLANE II grant funds ($21.6M), which is pending. The City has allocated $600,000 of REET funds. Based on approval from Council, staff issued a Request for Qualifications (RFQ) for engineering design services for the Barker Road GSP in 2016. The selection committee selected the DEA/HDR team (Consultant) as the most highly qualified firm for this project. The proposed scope of work provided the preliminary design work and coordination with the Washington State Department of Transportation (WSDOT) and the Burlington Northern Santa Fe Railroad (BNSF) for the conceptual plan of the grade separation developed with Bridging the Valley in 2004. On January 10, 2017, Council did not approve the motion to award the contract to the Consultant. Pines Road/BSNF Grade Separation Proiect (Pines Road GSP) # 166 The City has allocated $1.2 million dollars from the general fund for the preliminary engineering design of the Pines Road GSP. The City has not yet received any commitments for external funds for the Pines Road project. We have submitted an application to USDOT for FASTLANE II grant funds ($11.86M), which is also pending. CURRENT STATUS Local Match The City was recently informed by WSDOT that any city funds used in the preliminary engineering design stage of either the Barker Road or the Pines Road GSPs will not qualify for a local match for grants awarded in the future. This information has been confirmed with the United States Department of Transportation. Staff will discuss this new information with Council to determine how to proceed with both projects. Barker Road GSP Options In 2017, the City received a grant from the Department of Commerce that funds the development of a Planned Action Ordinance (PAO) for the northeast industrial area located in the vicinity of the Barker Road GSP. The PAO will greatly streamline the permitting process for these industrial properties. Staff is leveraging the grant funds to study the Barker Road corridor from 1-90 to Trent. We have retained Fehr and Peers to perform this work building upon the traffic analysis completed as part of the Comprehensive Plan Legislative Update. As part of this scope, three planning -level design concepts for the grade separated intersection of Barker Road and Trent Avenue will be developed. The intent is to investigate potentially Tess -costly grade separation options that are based on the traffic forecasts developed as part of the PAO. The grade separation options are expected to be identified within several months. The scope of the PAO does not include detailed evaluation of the options or public outreach. Because the existing Barker GSP RFQ specifically detailed an interchange project with bridge design as one of the most important criteria, staff recommends issuing a new RFQ for engineering design services for the Barker Road GSP to evaluate the options developed from the PAO effort. This effort would be conducted in two phases: Phase 1 would further refine the developed options, seek public input on those options, and discuss the options with the City Council. This task would culminate in the selection of a preferred alternative. Phase 2 would then design the selected project. Staff recommends using a portion of the $720,000 federal earmark funds for Phase 1 and to withhold the use of City funds for future local match requirements at this time. Staff will provide an overview of the results of Phase 1 to Council when it is completed. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: Use of the $720,000 federal earmark funds. STAFF CONTACT: Gloria Mantz, Interim Capital Improvement Manager John Hohman, Deputy City Manager ATTACHMENTS: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 21, 2017 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ['public hearing ['information ® admin. Report ['pending legislation ❑ executive session AGENDA ITEM TITLE: Bowdish Sidewalk — 8th to 12th Project GOVERNING LEGISLATION: RCW 35.77.010, Perpetual Advanced Six -Year plans for coordinated transportation program expenditures. PREVIOUS COUNCIL ACTION TAKEN: • 6/24/2014: Council passed Resolution 14-006 adopting the 2015-2020 TIP • 3/24/2015: Council passed Resolution 15-003 amending the 2015-2020 TIP • 6/23/2015: Council passed Resolution 15-005 adopting the 2016-2021 TIP Project, project renamed from Opportunity Elementary, SRTS (Bowdish Road) to "Bowdish Sidewalk -8`h to 12th — rescheduled to 2018-19 • 6/30/2015: Information RCA on upcoming Transportation Improvement Board (TIB) projects • 7/7/2015: Admin report on TIB call for projects • 7/14/2015: Council approved motion to authorize City Manager to apply for TIB Grant • 2/09/2016: Council passed Resolution 16-005, amending the 2016-2021 TIP, scheduling the project for 2016 • 6/28/2016: Council passed Resolution 16-008, amending 2016-2021 TIP • 2/7/2017: Admin report for amending the 2017-2022 TIP, proposes to carryover the project into 2017 BACKGROUND: The Bowdish Sidewalk — 8th to 12th Project will construct sidewalks on the east side of Bowdish Road between 8th Avenue and 12th Avenue and on the north side of 12th Avenue between Bowdish and Wilbur Roads, near Opportunity Elementary School. Stormwater improvements and the paving of the existing gravel shoulder from edge of pavement to the new curb line will also be included. This project is funded with State TIB funds and City matching funds. City staff designed the project. Bid advertising started on Friday, February 17, 2017 and are scheduled to be opened on Friday, March 3, 2017. Council consideration for the award of this bid is currently scheduled for March 14, 2017. This project will also be included in the 2017 Amended TIP scheduled before Council February 28, 2017. OPTIONS: Discussion only RECOMMENDED ACTION OR MOTION: Discussion only BUDGET/FINANCIAL IMPACTS: The total project budget is $536,342. City has been awarded $283,430 in TIB grant funds for the project. There are sufficient funds to cover the cost for this project. STAFF CONTACT: Gloria Mantz, PE, Interim Capital Programs Manager Robert Lochmiller, PE, Project Engineer ATTACHMENTS: PowerPoint Presentation Spokane Valley Bowdish Rd. & 12t" Ave. Sidewalk Project Robert Lochmiller, Project Manage C oria Mentz, Interim CIP Manager February 21, 2017 1 Spokane Valley Bowdish Rd. & 12t" Ave. Sidewalk Project • Project Overview • Budget & Funding • Construction Items • Schedule Spokane Valley • Current Conditions — Bowdish Road • 24 ft wide "Minor Arterial" roadway • Little to no shoulder for safe pedestrian access • Crosswalk crossing at 11" Ave. — 12th Avenue • 24 ft -30 ft "Residential" roadway • Purpose of Project — To extend the existing sidewalk on the east side of Bowdish Road south from 8th Avenue to 12th Avenue and to provide a pedestrian connection (sidewalk) to Opportunity Elementary School. 3 Spokane Valley • Proposed Improvements — Bowdish Road • 5.5 ft wide sidewalk on the east side of Bowdish Road (8th Ave. to 12th Ave.) — 12th Avenue • 5.5 ft wide sidewalk on the north side of 12th Avenue (Bowdish Rd to Wilbur Road) — Storm Drainage • With new roadway curbs, catch basins and drywells will be installed along both roads to collect and infiltrate storm water runoff associated with that half of the roadway. Existing sidewalk ends /on the north side of 8th Ave. 4 Spokane Valley • Proposed Improvements -Cont. IXISTING ROADWAY 13.5' EST HALF 12' 1 s' EXISTING PAVEMENT - • I`- • Bowdish Road Typical Section 5 Spokane Valley • Project Budget Design $58,424 Right -of -Way (ROVV) $30,000 Construction $447,918 Total $536,342 • Project Funding State Transportation Improvement Board (TIB) $283,430 City Match (Fund 301) $222,912 City Match (Fund 402) $30,000 Total $536,342 1) TIB is funding 80% of costs on Bowdish Rd. 2) City is funding 20% of costs on Bowdish Rd. and 100% of costs on 12th Avenue. 6 Spokane Valley • Key Construction Items — Duration = 7 weeks — Requires full closure of Bowdish Rd., detour routes will be provided along 4th Ave., 16th Ave., University Rd., and Pines Rd. Full closure estimated to take 5 weeks. • Schedule and Next Steps — First Bid Advertisement on 2/17/2017 — Bid Opening planned for 3/3/2017 — Bid Award to Council on 3/14/2017 — Construction to start in mid June 2017 (waiting until school is out for summer break) 7 Spokane Valley Bowdish Rd. & 12t" Ave. Sidewalk Project Questions CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 21, 2017 Check all that apply: ❑ consent ❑ old business ['information ® admin. report AGENDA ITEM TITLE: Administrative Report — options. GOVERNING LEGISLATION: SVMC 7.05.040(C). Department Director Approval: ❑ new business ['public hearing ['pending legislation ['executive session update on public sidewalk snow removal PREVIOUS COUNCIL ACTION TAKEN: Adoption of nuisance provisions in 2003, amended over the years, most recently in 2012. On February 23, 2016, staff delivered a presentation to the City Council on potential options regarding the removal of accumulations of snow and ice from public sidewalks. The Council requested that staff bring forth a proposed ordinance for further discussion. On August 16, 2016, staff delivered a presentation to the Council on a proposed ordinance. In the discussion that followed, Council identified several issues within the proposed ordinance and asked that staff revise it and that it be brought back for further examination. On September 13, 2016, Council discussed draft code language creating an infraction system for enforcing violations of clearing public sidewalks of accumulated snow and ice. Following that discussion, the Council formed an ad hoc committee to identify other potential options to deal with removal of sidewalk snow and ice. Staff provided an administrative report January 17, 2017 to update Council on the work of the committee. BACKGROUND: At the January 17, 2017 administrative report, staff and Council discussed the various suggestions brought forward by the ad hoc sidewalk snow committee. At the conclusion of that meeting, the Council requested that staff bring back a follow up administrative report that summarized the options for which there was some agreement between Councilmembers for further discussion. These suggestions can be grouped into common themes. 1. Reduce the amount of snow being moved from the roadways to sidewalks. a. On the four City plow trucks, exchange the current "bat wing" plow blades to the straight blade design. The cost for replacing each of these bat wing blades is roughly estimated between $5,000 and $7,000; b. Slow down on the inside lane so snow is pushed to the edge of the curb where possible instead of the sidewalk. This must be done in a manner that does not create site obstructions relating to traffic entering or leaving roadways. 2. Consider adopting road design standards requiring separated sidewalks from the road to provide a snow storage area. On City capital projects, we could construct or reconstruct to this standard unless there simply is not sufficient right-of-way available. 3. Educate the public on what the snow removal obligations are for property owners. a. This will include widespread distribution of removal requirements for sidewalks; b. Identify realistic options for people with physical limitations to contact for assistance with snow removal, some of which might cost the consumer, and some which might be free; c. Have the City maintain on its website a roster of businesses that provide sidewalk snow removal services for a fee; d. Notify as many businesses as possible who do parking lot snow removal for businesses to include removal of sidewalk snow in their price quotes along with removal in parking lots in the future; e. Notify property owners that failure to remove snow and ice from sidewalks could result in law suits against them and the City. This could result in personal liability against them or their business. 4. There was no support for the City assuming full responsibility for removing snow and ice from sidewalks, which would necessarily require finding a revenue source since the City does not currently have sufficient revenue for that expense. 5. If the City implements changes to its sidewalk snow removal approach consistent with what is discussed above, and property owners still fail to remove snow and ice from their public sidewalks, then the City needs to have a reasonable enforcement mechanism that effectively compels compliance. The City currently has provisions making non-compliance a nuisance subject to a $500 penalty. This penalty is so disproportionate to the nature of the violation that staff does not use it. Staff previously suggested changing this to an infraction system with a penalty of $51.25 for failing to clear sidewalks within 48 hours, which could be re -issued if non- compliance continued for an additional 48 hours. A third violation within 12 months would result in a penalty of $102.50. This type of infraction system contemplated a two-tier enforcement prioritization. Tier 1 would be commercially -zoned areas and Safe Routes to School, which would be the highest priority. Tier 2 would be everything else, which would be the residential areas. The City has received numerous complaints recently about the condition of public sidewalks relative to sidewalk snow and ice accumulations. OPTIONS: Discussion. RECOMMENDED ACTION OR MOTION: Discussion. BUDGET/FINANCIAL IMPACTS: Unknown. STAFF CONTACT: Cary P. Driskell, City Attorney; Jacob Dillon, Legal Intern. ATTACHMENTS: (1) RCA from January 17, 2017 meeting, with attachments. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 17. 2017 Check all that apply: ['consent ❑ old business ['information ® admin. report Department Director Approval: ❑ ['new business ['public hearing ['pending legislation ['executive session AGENDA ITEM TITLE: Administrative Report — update on ad hoc committee on public sidewalk snow removal options. GOVERNING LEGISLATION: SVMC 7.05.040(C). PREVIOUS COUNCIL ACTION TAKEN: Adoption of nuisance provisions in 2003, amended over the years, most recently in 2012. On February 23, 2016, staff delivered a presentation to the City Council on potential options regarding the removal of accumulations of snow and ice from public sidewalks. The Council requested that staff bring forth a proposed ordinance for further discussion. On August 16, 2016, staff delivered a presentation to the Council on a proposed ordinance. In the discussion that followed, Council identified several issues within the proposed ordinance and asked that staff revise it and that it be brought back for further examination. On September 13, 2016, Council discussed draft code language creating an infraction system for enforcing violations of clearing public sidewalks of accumulated snow and ice. Following that discussion, the Council formed an ad hoc committee to identify other potential options to deal with removal of sidewalk snow and ice. BACKGROUND: Following the formation of the ad hoc sidewalk snow committee, the Mayor appointed Councilmembers Woodard and Pace as Council representatives, and requested that City Attorney Cary Driskell be the primary staff contact. Staff then worked to identify potential citizen representatives who may be able to contribute their time and experience in analyzing this issue. After talking with various people, the final committee included the following: Arne Woodard (Deputy Mayor); Ed Pace (Councilmember); Laura Padden (citizen); Dave Thompson (Modern Electric Board President, Dave's Bar and Grill); Jayne Singleton (Spokane Valley Heritage Museum); Michelle Rasmussen (citizen); Rick Doehle (Central Valley School District) Shane Arlt (Spokane Valley Public Works Maintenance Supervisor); Sean Messner (Spokane Valley Senior Traffic Engineer); Elisha Heath (Executive Assistant); and Cary Driskell (Spokane Valley City Attorney) The committee first met November 17, 2016. A copy of the meeting notes is provided for the Council's review. In summary, the committee discussed a number of issues related to sidewalk snow and ice, including potential approaches the City could take to alleviate the problem with public sidewalks not getting cleared. The committee requested that staff gather information to bring back at the next meeting on how many complaints the City has received in the past several years regarding snow on sidewalks. Due to the holidays, the committee did not meet again until January 3, 2017. At that meeting, the committee continued to discuss options for removing snow and ice from public sidewalks. There was considerable discussion regarding why this is such a significant issue, and why more people do not clear the snow and ice. Among the concerns identified was that a significant contributor to the problem is that plows push snow and ice from the public rights-of-way onto the sidewalks. This contributes additional volume to be removed, creates an uneven surface to try to walk on, and is difficult to break up and remove, particularly if it freezes. To conclude the meeting, the committee identified some items for the Council to consider, which are as follows: 1. The committee recommended that the City assume responsibility for removing snow from Tier 1 areas, which are identified on the attached map, and include all commercially -zoned areas and Safe Routes to Schools. Just the arterial portion of Tier 1 includes 154 miles of sidewalks, and the Safe Routes to Schools would be in addition to that, but has not been calculated for purposes of this report. There was discussion that the City does not have any revenue source to pay for the increased costs associated with the City taking on this responsibility. As a result, there were three suggestions for possible revenue to pay for this: a. Fund it through formation of and assessment in a business improvement district (BID), which would require the approval of at least 50% of the affected property owners, or adoption of a resolution of the City. The City has not utilized a BID in its history. Funds would be collected by assessing the member property owners, and funds could only be used for the purpose stated in the formation of the BID. b. Form a transportation benefit district. Once formed, funds could be generated through a variety of options, which could include a sales tax increase, vehicle license tab fee of up to $50 without voter approval, and tolls. The funds could only be used for transportation purposes, which could include sidewalk snow and ice removal. c. Imposition of utility tax with the funds dedicated to sidewalk snow and ice removal. 2. If the City were to continue to require that the adjoining property owner be responsible for sidewalk snow and ice removal, the following options were discussed: a. Try to get compliance without an enforcement mechanism through education and communication. b. Try to get compliance through education and communication, but adopt an enforcement mechanism similar to what was proposed by staff in the fall, 2016. That included the ability to issue an infraction with a total penalty of around $110, with 48 hours to come into compliance. Failure to clear the sidewalk within 48 hours after receiving an infraction could result in issuance of another infraction, resulting in a financial incentive to keep the sidewalk cleared. Citizens with disabilities and/or who are 65 years of age or older would not be subject to such penalties provided they make good faith efforts to utilize community resources for snow and ice removal. 3. Recommended that the City identify legitimate options for those who are physically unable to remove the ice and snow to get assistance. This could include a frequently updated list of contractors who perform this service for a fee, and of volunteer groups who will do so for free. There was discussion that the "211" service identified in current City information does not have providers who assist in the Valley area. 4. Regardless of what approach the City takes, we need to have a robust educational/informative program to let businesses and citizens know what the requirements are, and what resources are available for assistance. An important part of this should include identifying as many businesses as possible that hire companies to remove snow from parking lots, advise them of the requirements to keep sidewalks clear of snow, and advise that they may want to include in price quotes to their customers the cost of sidewalk snow removal as well as parking lot snow removal. Staff believes this has the potential to be an effective tool to reduce the problem in commercial areas. 5. Other items of discussion included the following: a. Consider plowing to the edge of the roadway, then contracting to have the berms loaded up and hauled to an open area where it could melt over time; b. Adopt Code provisions that require new developments to have separated sidewalks, providing a snow pocket for plow drivers. Currently, new developments can opt out of this requirement if they treat stormwater on private property, such as on a lot dedicated to that purpose. Also, staff has flexibility in this requirement for small in -fill developments. When the City is doing reconstruction of existing roads within a constrained area, it could have an adopted policy whereby the City would be required to determine whether there is room within the existing right-of-way to narrow lanes enough to move the curb line in to create room for a separated sidewalk. These types of projects cost more money on the front end to construct, but result in areas to store snow from the roads. These types of improvements would be part of a long-term solution that is accomplished over time. c. Focus on tailoring the speed of plows depending on what is adjacent to the road. For example, slowing down enough to push snow to the curb line, but not onto the sidewalk where there are buildings or fences immediately adjacent to the sidewalk. If there is adequate space behind the sidewalk, perhaps additional speed will push more snow beyond the sidewalk. The City has to be careful to not create berms in the road that obstruct traffic sight lines that could cause accidents. d. Consider adoption of development standards which prohibit construction of fences within three feet of a sidewalk. This would allow an area for snow storage from sidewalks. Currently, there are many areas where six foot fences were allowed right up to the sidewalk. This makes sidewalk snow removal very difficult. e. Four of the City plows have plow blades that are referred to as having a "batwing" design, with the blade getting higher on the side the snow is being thrown to. This design results in throwing the snow farther than it needs to. These plow vehicles were purchased a number of years ago from Washington DOT, where they were used on highways where that type of blade is appropriate and necessary. The estimated cost for replacing each of these batwing blades is roughly estimated between $5,000 and $7,000. At this point, the sidewalk snow committee does not plan to meet again, but may do so if requested by the Council. OPTIONS: Discussion. RECOMMENDED ACTION OR MOTION: Discussion. BUDGET/FINANCIAL IMPACTS: Unknown. STAFF CONTACT: Cary P. Driskell, City Attorney; Jacob Dillon, Legal Intern. ATTACHMENTS: (1) Meeting notes from committee dated November 17, 2016. (2) Map showing proposed Tier 1 area. NOTES FROM AD HOC SIDEWALK SNOW COMMITTEE MEETING November 17, 2016 Attendees: Councilmember Ed Pace Councilmember Arne Woodard Dave Thompson Jayne Singleton Rick Doehle Michelle Rasmussen Laura Padden Shane Arlt Sean Messner Cary Driskell 1. Staff provided some background on why the ad hoc sidewalk snow and ice committee was formed, including some safety considerations when snow and ice are not removed. 2. A request was made to find complaints/reports to the City regarding accidents related to failures to keep sidewalks clear of snow or ice. That request is being researched by staff. 3. There was a general consensus that the City cannot continue to take the same approach to snow and ice on sidewalks, although staff is working to identify how many complaints we have received, as noted above. 4. Various suggestions were made and discussed on ways to reduce the volume of the snow and ice on sidewalks, and then what to do with it once it is there, including: a. There was general agreement that there needs to be a hybrid approach for responsibility between property owners and the City. b. There was discussion that the City is very conscious about implementing something that either adds staff or increases costs from the general fund. c. Instructing plow drivers to be more deliberate in how fast they drive. For example, where there is no space behind a sidewalk, slow down significantly so that snow is collected in bike lanes where they exist. Where there is space behind a sidewalk for snow storage, go faster so that the snow is mostly thrown beyond the sidewalk. d. There was discussion of whether it was appropriate to use the center turn lane as a pocket for snow storage in severe events, which has been done in the past. Cary pointed out there can be liability issues associated with this if it obstructs traffic and the ability to see oncoming traffic while making turns. e. A suggestion was made for the City to stockpile a quantity of sand or de-icer for property owners to be able to get and use. f. There needs to be as robust of a volunteer program as we can do. The City may assist in coordinating this, but should not be the lead. There was discussion about the City keeping a list of third -party contractors who do sidewalk snow removal, basically like we keep for contractors the City does business with. This would be a resource to share with property owners who don't know where to call to hire someone to take care of their sidewalk. g. h. There was broad agreement that there needs to be a comprehensive and on-going educational aspect of this so citizens know what they are required to do. i. Councilmember Woodard discussed that even with all of the good ideas discussed, there must be some finality to this, such that if somebody is able to clear their sidewalk, but is choosing not to, there is a mechanism for fining them as a way to achieve compliance. 5. The committee agreed on the need to meet again in several weeks, which would give staff time to research how many prior reports/complaints we had received and logged into the CARES system. Legend Safe Routes b Schools N Tier r Priority Tier 11 Pnority CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 21, 2017 Check all that apply: ['consent ❑ old business ['information ® admin. report Department Director Approval: ['new business ['public hearing ['pending legislation ['executive session AGENDA ITEM TITLE: Public Record Act and Open Public Meeting Act training. GOVERNING LEGISLATION: Chapters 42.56 RCW (PRA) and 42.30 RCW (OPMA). PREVIOUS COUNCIL ACTION TAKEN: Training by staff at least once per year. BACKGROUND: Staff will provide training on the City's obligations under Washington's Public Record Act under chapter 42.56 RCW, and Washington's Open Public Meeting Act under chapter 42.30 RCW. OPTIONS: N/A. RECOMMENDED ACTION OR MOTION: N/A. BUDGET/FINANCIAL IMPACTS: N/A. STAFF CONTACT: Cary Driskell, City Attorney; Erik Lamb, Deputy City Attorney. ATTACHMENTS: PowerPoint presentation. Public Records Act and Open Public Meeting Act Training Cary Driskell City Attorney, City of Spokane Valley Erik Lamb Deputy City Attorney, City of Spokane Valley February 21, 2017 City of Spokane Valley - Office of the City Attorney u • ic Records Act Historical background Adopted in 1972 by Initiative 276. Codified by Legislature under RCW 42.17. Re -codified by Legislature in 2005, RCW 42.56. City of Spokane Valley - Office of the City Attorney 2 Strongly worded mandate - statute "The people of this state do not yield their sovereignty to the agencies that serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may maintain control over the instruments they have created." RCW 42.56.030 City of Spokane Valley - Office of the City Attorney "Public Record" definition Relevant portion of definitions states as follows: "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. City of Spokane Valley - Office of the City Attorney "Public Record" definition Most important parts are: (1) "writing"; (2) "relating to the conduct of government or the performance of any governmental or proprietary function"; and (3) "owned, used, or retained by any state or local agency". City of Spokane Valley - Office of the City Attorney "Writing" - electronic E-mails, Tweets; Text messages; Transitory postings on Facebook and other social media; Meta -data; and Police/security video. City of Spokane Valley - Office of the City Attorney 6 Agency duty to respond Local governmental entities are mandated to adopt and enforce reasonable rules governing how the agency shall respond to requests. RCW 42.56.100. Spokane Valley has done that through adoption of SVMC 2.75. City of Spokane Valley - Office of the City Attorney Agency "best practices" 1. Entity management attitude; 2. Training; 3. Prioritizing requests; 4. Tracking requests; 5. Effective monitoring; 6. Central point of contact in the agency; 7. Visible signage; 8. Transparency and communication; 9. User-friendly website; io. Good records management and information technology; 11. Appropriate copying charges; 12. Using the installment method for large requests; 13. Communicate agency appeal process for record denials; and 14. Documenting the request process. City of Spokane Valley - Office of the City Attorney Prompt response required Must respond within 5 business days by: (1) providing the record (may be on line); (2) acknowledging that the [agency] has received the request and providing a reasonable estimate of the time the [agency] will require to respond to the request; or (3) denying the record request. City of Spokane Valley - Office of the City Attorney Location of record Location is not the critical factor, the nature of record is what is critical (relates to conduct of government or performance of governmental or proprietary function). • Personal computer or phone of staff or Council. • In possession of third party contractor. Must conduct reasonable search where records are likely to be located. If we know or learn of facts that suggest a search of an additional location or source might reasonably be expected to uncover responsive records, we must make that extra search. City of Spokane Valley - Office of the City Attorney pt rom disclosure — a orney c ient privileged information RCW 42.56.070(1) contains what is commonly referred to as the "other laws" exemption to disclosure. It specifically states in pertinent part that "each agency ... shall make available ... all public records unless [exempt under the PRA] or other statute which exempts or prohibits disclosure of specific information or records." RCW 5.60.060(2) (a) states that "[a] n attorney or counselor shall not, without the consent of his or her client, be examined as to any communication made by the client to him or her, or his or her advice given thereon in the course of professional employment." City of Spokane Valley - Office of the City Attorney Information not protected -examples Council and employee names; Council and employee salary; Council and employee benefits; Employee vacation/sick time used; Council and employee work e-mail address; and employee length of service. City of Spokane Valley - Office of the City Attorney 12 Penalties RCW 42.56.550(4) provides that it "shall be within the discretion of the court to award such person an amount not to exceed one hundred dollars for each day that he or she was denied the right to inspect or copy said public record." • how much of a fine to assess is based on two steps: (1) count the number of days the party was denied access to the records; and (2) determine the appropriate per day penalty, up to sioo per day depending on the nature of the denial. The prevailing party is entitled to "reasonable attorney fees" and costs of suit. City of Spokane Valley - Office of the City Attorney Penalty per document or per request? Until 2016, the rule was that the daily penalty applied to the request, not per document. Yousoufian v. Sims,152 Wn.2d 451 (2004). Last year, the state Supreme Court ruled that it is within the trial court's discretion to assess a daily penalty for each page of each document wrongfully withheld, depending on the circumstances (i.e. how egregious the violation was). Wades Eastside Gun Shop v. Department of Labor & Industries, City of Spokane Valley - Office of the City Attorney Determining how much penalty Good faith failure to find and produce a document? Zink v. City of Mesa, 140 Wn. App. 328 (2007) - large and frequent record requests by former Mayor materially interfering with operation of clerk's office. Trial court was sympathetic ("substantially complied", full compliance amounted to "practical impossibility", the requests "amounted to unlawful harassment") . Court of Appeals disagreed, finding strict compliance required, not substantial compliance. Penalty and fees of $246,000. City of Spokane Valley - Office of the City Attorney Questions on the PRA? City of Spokane Valley - Office of the City Attorney i6 The Open Public Meeting Act City of Spokane Valley - Office of the City Attorney i7 The Open Public Meetings Act Washington State law enacted in 1971. Set forth in Revised Code of Washington 42.3o et seq. Applies to all city and town councils, and many subordinate city and town boards and committees. Applies to planning commissions, lodging tax advisory committees. City of Spokane Valley - Office of the City Attorney Purpose of OPMA Governments "exist to aid in the conduct of the people's business." RCW 42.30.010. "The people of this state do not yield their sovereignty to the agencies which serve them.' Idp "The people, in delegating authority, do not give their public servants the riht to decide what isgood for the people to know and what is not good for them to know. Id. p p "The people insist on remainin informed so that they may retain control over the instruments they have created.' Id. Goal is transparency and public trust. City of Spokane Valley - Office of the City Attorney OPMA requirements OPMA requires that: All meetings of the governing body shall be open to the public. All actions taken by such bodies shall be done at meetings that are open to the public. City of Spokane Valley - Office of the City Attorney What is a "meeting"? There must be a "meeting" in order to trigger the requirements of the OPMA. "Meeting" means meetings at which action is taken; "Action" means the transaction of the official business of a public agency by a governing body including but not limited to receipt of public testimony, deliberations, discussions, considerations, reviews, evaluations, and final actions; Physical presence is not required. Majority (quorum) implicates "meeting" rules. "Serial meetings" may collectively add up to a "meeting." City of Spokane Valley - Office of the City Attorney What is a "meeting"? (cont.) Email communications can constitute a meeting which violates the OPMA if it goes back and forth. Solely receiving information is not a violation. Responding to email could be a violation depending on the circumstances. It is not necessary that a governing body take "final action" (a vote) for a meeting to be subject to the OPMA. Discussion regarding City matters is "action." Requires a public meeting if a quorum of members are present for the discussion. City of Spokane Valley - Office of the City Attorney Procedural Requirements for Meetings Outlined in detail in the Governance Manual. Some general requirements: Notice (depends on the time of meeting); Open to public unless an executive or closed session; Votes cannot be by secret ballot; Member of public cannot be forced to give their name or other information as condition of attendance (can condition a person's ability to speak at the meeting on providing information) . City of Spokane Valley - Office of the City Attorney Whifls nota "meeting"? What is not a meeting: If City matters are not discussed, then the gathering is not a "meeting" subject to OPMA (even if a quorum is present). Examples: Social gatherings if City business is not discussed; Gatherings before or after official action (such as the time prior to Council meetings) so long as City business is not discussed; Meetings of other government agencies (BoCC, chamber of commerce), so long as the Council/Commission members do not discuss City business amongst themselves. Perception still important. City of Spokane Valley - Office of the City Attorney OPMA exceptions and exemptions No City business = OPMA not implicated. If no official business of City is transacted, OPMA does not apply. Public perception is a separate consideration from what is legal. Active preparation for litigation. Executive sessions: 11+ specific circumstances, defined by statute Closed session (OPMA simply does not apply) RCW 42.30.140 (quasi-judicial matters and collective bargaining issues) City of Spokane Valley - Office of the City Attorney Executive sessions Four common examples: Interviewing candidates/qualifications for appointed positions (City Manager); Discussing applicant qualifications for open Council position; Considering the job performance of an employee; Considering the acquisition of real property where the discussion, if public, could increase the price; Discussions with legal counsel about litigation -related matters. No final decisions allowed in executive sessions City of Spokane Valley - Office of the City Attorney OPMA penalties Effect of penalty The penalty for a violation of the act is direct: any action taken in violation of the OPMA is null and void; "Any person" may bring the action in superior court. Individual liability. $500 penalty for first violation if they attend with knowledge that the meeting is in violation of the Act, and si,000 for subsequent violations. City or City Council liability. Liable for all costs, including reasonable attorney fees. City of Spokane Valley - Office of the City Attorney Questions on OPMA? City of Spokane Valley - Office of the City Attorney 28 Appearance of Fairness Doctrine City of Spokane Valley - Office of the City Attorney Appearance of Fairness doctrine Applies only to quasi-judicial matters and not to legislative ones. RCW 42.36.010. Doctrine requires government decision -makers in quasi-judicial matters to conduct hearings and make decisions in a way that is fair to others in appearance and fact. Test for fairness: would a fair minded person in attendance believe that: (1) everyone was heard who should have been heard, and (2) the decision -makers were impartial and free from outside influences? City of Spokane Valley - Office of the City Attorney Examples of quasi-judicial actions. Quasi-judicial (handled by City Hearing Examiner): Subdivision approvals; • Preliminary plat approvals; • Conditional use permits; • Variances; Rezones of specific parcels; and Discretionary zoning permits if hearing required. Not quasi-judicial: Adoption, amendment, or revision of comprehensive plans; Adoption of area -wide zoning ordinances; and Adoption of area -wide zoning amendments. City of Spokane Valley - Office of the City Attorney Appearance of Fairness applied Disqualifies decision -makers from the quasi-judicial decision-making process who: have prejudged the issues; have a bias in favor of one side in the proceeding; have a conflict of interest; or cannot otherwise be impartial. Prohibits "ex parte" communications between a decision -maker and a proponent or opponent of the matter being decided during the pendency of a quasi-judicial proceeding. RCW 42.36.060. City of Spokane Valley - Office of the City Attorney Questions on Appearance of Fairness? City of Spokane Valley - Office of the City Attorney 33 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 21, 2017 Check all that apply: ❑ consent ❑ old business ❑ information ® admin. report Department Director Approval: ❑ new business ❑ public hearing ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Basics of Parliamentary Procedure GOVERNING LEGISLATION: Governance Manual PREVIOUS COUNCIL ACTION TAKEN: n/a BACKGROUND: Staff will provide training on the some of the basics of Parliamentary procedure. OPTIONS: N/A. RECOMMENDED ACTION OR MOTION: N/A. BUDGET/FINANCIAL IMPACTS: N/A. STAFF CONTACT: Chris Bainbridge, City Clerk ATTACHMENTS: PowerPoint presentation. BASICS OF C.earliamentary Procedure RULES An organization is typically governed by several different type of rules. The Council generally follows Robert's Rules of Order and Council's Governance Manual How did this get started? Robert's rules of Order 1St edition 1876 — written by then US Army Maj Henry Martyn Robert Rules NOT based on military rules Procedures loosely modeled after those used in the US House of Representatives, with adaptations as Robert saw fit for use in ordinary societies. PURPOSE: Robert's Rules of Order A sometimes not so easy read with over 600 pages ranging from how to handle various types of assemblies, to motions, to rules of debate and voting and much more. a guide for conducting meetings and making decisions as a group. purpose of the book is "to enable assemblies of any size, with due regard for every member's opinion, to arrive at the general will on the maximum number of questions of varying complexity in a minimum amount of time and under all kinds of internal climate ranging from total harmony to hardened or impassioned division of opinion." His and other books on parliamentary procedure share the general idea of "rule of the majority with respect for the minority." BASIC DEFINITIONS: MOTION: A motion is a request that something be done or that something is the opinion or desire of the group. Only one motion should be placed before the group at one time, although most motions can be debated and amended. [Not `I think we should have a motion to' ... Or `so moved] Preferred verbiage: "I move to .... SECOND: someone from the group "seconds" the motion. A"second" simply means "Let's discuss it." If the group finds that it is discussing a motion without a second, the second becomes a moot point — since "second" means discussing the motion, and that is already occurring. If there is no second — the motion does not continue. DISCUSSION. The motion "on the floor" is discussed by all members, with the idea of addressing pros and cons. VOTE: When the group is ready, either the Chair or the secretary/clerk may restate the motion. Vote is normally by voice, but can be done by a show of hands, or roll -call vote — all those in favor —and all those against Abstentions: Unless Councilmember has recused or abstained due to actual or perceived appearance of conflict of interest — must vote for or against. If a Councilmember does not vote, their vote is counted as a nay. A tied vote is a failed motion. Main Motions Secondary Motions 6 TYPES OF MOTIONS The main motion is the basis of all parliamentary procedure. All business to be considered by an assembly is introduced by a main motion.This type of motion may only be considered if no other business is pending. Subsidiary motions are those that may be applied to another motion (motion to amend) for the purpose of modifying it, delaying action on it, or disposing of it. Privileged motions: - means they are undebatable. - like motion to adjourn, recess — they deal with the rights or needs of the organization Point of Privilege: pertains to noise, personal comfort, etc. — may interrupt only if necessary — it's too hot in here — I'm about to pass out; there's too much noise, I can't hear. No second needed — not debatable — not amendable - Incidental motions — incidental to the pending question; they must be disposed of before action is taken on the question from which they arise: Point of Order — infraction of the rules, or improper decorum in speaking. Must be raised immediately after the error is made. Councilmember raises "point of order" to object to procedure or personal affront. May interrupt speaker, no second needed is not datable or amendable, and chair decides Appeal the chair's decision: vote on a ruling by the Chair — may interrupt speaker, seconded needed, is debatable, is not amendable, and majority vote needed to pass. RESCIND: Wait! I've changed my mind One method to revise a past decision is Motion to rescind Or if want to change something done in the same meeting — motion to reconsider Rescind - repeals or cancels a motion altogether (or amend something previously adopted): no time limit on when this can be done If already on the agenda, needs majority to pass (if comes up without notice of council — needs 2/3rd to pass) Of course — can't have a motion to rescind if the original motion can't be undone RECONSIDER: (having second thoughts) Must be done during same meeting Must be done when no other immediately pending motion is on the floor Cannot be reconsidered if it conflicts with something already adopted or would conflict with any other motion pending — or if any part of the motion adopted has been executed. Must be made by a person who voted on the prevailing side of the motion to be reconsidered Must be seconded Is debatable if the motion to reconsider is Cannot be amended Requires majority vote Cannot be reconsidered MAKING MOTIONS If a motion is in order, (i.e., not in the middle of another subject), the maker of the motion states: "I move that we hold meetings every Thursday." Whenever possible, motions should be Affirmative motions so as to prevent "approval by default" of a failed negative motion. DISCUSSION OFTHE MOTION Discussion, or debate in parliamentary terms, is how an assembly decides whether a proposed course of action should be followed. Polite disagreement is healthy, and helps the organization make the best decision if discussion is approached fairly and consistently. The person who makes a motion may speak on it first, if he or she expresses the desire to do so. The maker of the motion may not argue against their own motion, but may ultimately vote for or against the motion. The maker of a motion can withdraw their motion without the consent of the seconder, and if the mover modifies the motion, the seconder can withdraw the second. All remarks are addressed to the chair, not to other members. Debate is confined to the merits of the motion currently under consideration. If someone "calls for the question" — that means they want the discussion ended and a vote taken. However, before a vote is taken on the main motion on the floor, a vote is taken on whether to stop the discussion. That's it in a nutshell. Any questions? To: From: Re: DRAFT ADVANCE AGENDA as of February 16, 2017; 10:30 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 February 28, 2017, Formal Meeting Format, 6:00 p.m. [due Tue, Feb 211 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. PUBLIC HEARING: Amended 2017 Transportation Improvement Program — John Hohman (20 minutes) 3. Resolution 17-006 Amending 2017 Transportation Improvement Program — John Hohman (15 minutes) 4. Admin Report: Solid Waste Collection — E.Lamb, M.Koudelka, Epicenter Services Rep Jeff Brown(60 min) 5. Admin Report: Advance Agenda — Mayor Higgins (5 minutes) 6. Info Only: Department Reports 7. Executive Session: Pending Litigation [*estimated meeting: 105 minutes] March 7, 2017, Study Session Format, 6:00 p.m. 1. Accomplishments Report for 2016 — Mark Calhoun 2. City Hall Update — Doug Powell, Jenny Nickerson 3. Advance Agenda — Mayor Higgins [due Tue, Feb 281 (— 120 minutes) (5 minutes) (5 minutes) [*estimated meeting: 130 minutes] March 14, 2017, Formal Meeting Format, 6:00 p.m. [due Tue, March 71 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Motion Consideration: Bowdish & 12th Ave Project Bid Award — Robert Lochmiller, Gloria Mantz (10 min) 3. Mayoral Appointment: Hotel/Motel Commission — Mayor Higgins 4. Admin Report: City Hall Supplemental Design Efforts — John Hohman 5. Admin Report: Advance Agenda — Mayor Higgins March 21, 2017, Study Session Format, 6:00 p.m. 1. Shipping Containers in Residential Zones — John Hohman 2. Police Statistics Reporting (UCR/NIBRS) 3. Advance Agenda — Mayor Higgins March 28, 2017, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Motion Consideration: Euclid and Sullivan Bid Award — Erica Amsden/Gloria Mantz 3. Admin Report: Briefing on WCIA — Cary Driskell, and Ann Bennett of WCIA 4. Admin Report: Advance Agenda — Mayor Higgins 5. Info Only: Department Reports (10 minutes) (20 minutes) (5 minutes) [*estimated meeting: 50 minutes] [due Tue, March 141 (20 minutes) (20 minutes) (5 minutes) [*estimated meeting: 45 minutes] [due Tue, March 211 (5 minutes) (15 minutes) (20 minutes) (5 minutes) [*estimated meeting: 45 minutes] April 4, 2017, Study Session Format, 6:00 p.m. ACTION ITEMS: 1. Motion : Selection of Provider Solid Waste Collection — Erik Lamb, Morgan Koudelka NON -ACTION ITEMS: 2. Indiana Preservation Project — Craig Aldworth, Gloria Mantz 3. Euclid, Flora to Barker Project — Craig Aldworth, Gloria Mantz 4. 9"' Avenue Sidewalk Project — Robert Lochmiller, Gloria Mantz 5. City Hall Update — Doug Powell, Jenny Nickerson 6. Advance Agenda — Mayor Higgins [due Tue, March 281 Draft Advance Agenda 2/16/2017 10:36:42 AM (15 minutes) (10 minutes) (10 minutes) (10 minutes) (5 minutes) (5 minutes) [*estimated meeting: 55 minutes] Page 1 of 3 April 11, 2017, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Motion Consideration: Euclid, Flora to Barker Bid Award — 3. Admin Report: Advance Agenda — Mayor Higgins April 18, 2017, Study Session Format, 6:00 p.m. ACTION ITEMS: 1. Motion Consideration: Solid Waste Contract Approval — Erik Lamb, Morgan Koudelka NON -ACTION ITEMS: 2. Mission Street Preservation Project — Erica Amsden, Gloria Mantz 3. Advance Agenda — Mayor Higgins [due Tue, April 4] (5 minutes) (10 minutes) (5 minutes) [*estimated meeting: 20 minutes] Craig Aldworth, Gloria Mantz [due Tue, April 111 (15 minutes) (10 minutes) (5 minutes) [*estimated meeting: 30 minutes] April 25, 2017, Formal Meeting Format, 6:00 p.m. [due Tue, April 18] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Motion Consideration: Indiana Preservation Bid Award — Craig Aldworth, Gloria Mantz (10 minutes) 3. Motion Consideration: 9th Ave Sidewalk Project Bid Award — Robert Lochmiller, Gloria Mantz(10 minutes) 4. Admin Report: Advance Agenda — Mayor Higgins (5 minutes) 5. Info Only: Department Reports [*estimated meeting: 30 minutes] May 2, 2017, Study Session Format, 6:00 p.m. 1. Pines/Grace Project — Craig Aldworth, Gloria Mantz 2. Saltese Preservation Project — Robert Lochmiller, Gloria Mantz 3. City Hall Update — Doug Powell, Jenny Nickerson 4. Advance Agenda — Mayor Higgins Mav 9, 2017, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Motion Consideration: Mission St. Preservation Bid Award 3. Advance Agenda — Mayor Higgins Mav 16, 2017, Study Session Format, 6:00 p.m. 1. Advance Agenda — Mayor Higgins Mav 23, 2017, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Motion Consideration: Award of Pines/Grace Project Bid — Craig Aldworth, Gloria Mantz 3. Motion Consideration: Saltese Preservation Project — Robert Lochmiller, Gloria Mantz 4. Admin Report: Advance Agenda — Mayor Higgins 5. Info Only: Department Reports [due Tue, April 25] (10 minutes) (10 minutes) (5 minutes) (5 minutes) [*estimated meeting: 30 minutes] [due Tue, Mav 21 (5 minutes) (10 minutes) (5 minutes) [*estimated meeting: 20 minutes] — Eric Amsden, Gloria Mantz [due Tue, Mav 91 (5 minutes) [due Tue, Mav 16] (5 minutes) (10 minutes) (10 minutes) (5 minutes) [*estimated meeting: 30 minutes] May 30, 2017, Study Session Format, 6:00 p.m. [due Tue, May 231 1. Advance Agenda — Mayor Higgins (5 minutes) Draft Advance Agenda 2/16/2017 10:36:42 AM Page 2 of 3 June 6, 2017, Study Session Format, 6:00 p.m. ACTION ITEMS: 1. Consent Agenda (claims, payroll minutes) NON -ACTION ITEMS: 2. City Hall Update — Doug Powell, Jenny Nickerson 3. Advance Agenda — Mayor Higgins [due Tue, May 301 [*estimated meeting: June 13, 2017, Special Mtg, Budget Workshop, 8:30 a.m. Council Chambers June 13, 2017, Evening 6:00 Formal Meeting Cancelled June 20, 2017, Study Session Format, 6:00 p.m. 1. Advance Agenda — Mayor Higgins June 27, 2017, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda — Mayor Higgins 3. Info Only: Department Reports July 4, 2017: no meeting Holiday July 11, 2017, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Advance Agenda — Mayor Higgins July 18, 2017, Study Session Format, 6:00 p.m. 1. Advance Agenda — Mayor Higgins July 25, 2017, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda — Mayor Higgins 3. Info Only: Department Reports *time for public or Council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: 8th & McDonald follow-up CDBG (Public Hearing, Sept, Oct) Fee Resolution LTAC (Nov, Dec) Outside Agencies Presentations (Aug, Sept) Police Officer Recruitment/Retention SCRAPS Update Second Amendment Sanctuary City Sullivan Bridge Term Limits TIP (6 -year 2018-2023; public Hearing, May) Transportation & Infrastructure Undergrounding Utility Facilities in ROW Washington State: E/W Draft Advance Agenda 2/16/2017 10:36:42 AM (5 minutes) (5 minutes) (5 minutes) minutes] [due Mon, June 6] [due Tue, June 131 (5 minutes) [due Tue, June 20] (5 minutes) (5 minutes) [due Mon, July 3] (5 minutes) (5 minutes) [due Tue, July 111 (5 minutes) [due Tue, July 181 (5 minutes) (5 minutes) [*estimated meeting: minutes] Page 3 of 3